CIRCULAR

AMENDMENTS TO THE CIRCULAR NO. 115/2017/TT-BTC DATED OCTOBER 25, 2017 PROVIDING GUIDELINES FOR SUPERVISION OF SECURITIES TRANSACTIONS ON SECURITIES MARKET AND THE CIRCULAR NO. 116/2017/TT-BTC DATED OCTOBER 25, 2017 PROVIDING GUIDELINES FOR SUPERVISION OF SECURITIES OPERATIONS OF STOCK EXCHANGES AND VIETNAM SECURITIES DEPOSITORY BY THE STATE SECURITIES COMMISSION OF VIETNAM

Pursuant to the Law on securities dated June 29, 2006;

Pursuant to the Law on amendments to the Law on securities dated November 24, 2010;

Pursuant to the Government’s Decree No. 58/2012/ND-CP dated July 20, 2012 elaborating and guiding the implementation of the Law on securities and the Law on amendments to the Law on securities;

Pursuant to the Government’s Decree No. 60/2015/ND-CP dated June 26, 2015 on amendments to the Government’s Decree No. 58/2012/ND-CP dated July 20, 2012 elaborating and guiding the implementation of the Law on securities and the Law on amendments to the Law on securities;

Pursuant to the Government’s Decree No. 42/2015/ND-CP dated May 05, 2015 on derivatives and derivative market;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017 defining functions, tasks, powers and organizational structure of the Ministry of Finance;

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The Minister of Finance promulgates a Circular providing amendments to the Circular No. 115/2017/TT-BTC dated October 25, 2017 providing guidelines for supervision of securities transactions on securities market and the Circular No. 116/2017/TT-BTC dated October 25, 2017 providing guidelines for supervision of securities operations of Stock Exchanges and Vietnam Securities Depository (VSD) by the State Securities Commission of Vietnam (SSC).

Article 1. Amendments to the said Circular No. 115/2017/TT-BTC dated October 25, 2017 of the Minister of Finance

1. Clause 11 Article 4 is amended as follows:

“11. SSC shall, at the request of the Ministry of Finance, submit reports on supervision of securities transactions to the Ministry of Finance.”

2. Clause 1 Article 13 is amended as follows:

“1. Within 02 first business days of the following week, the Stock Exchange shall submit reports on supervision of weekly transactions, including:

a) Order book, results of daily securities transactions; periodically published information in the trading day as regulated in Clause 2 Article 33 of the Circular No. 155/2015/TT-BTC dated October 06, 2015 of the Minister of Finance providing for information disclosure on securities market, using the form No. 01 provided in the Appendix I enclosed herewith, except information relating to the open interest of derivatives;

b) Results of supervision of weekly securities transactions and information relating to weights of component stocks in the Basket for the purposes of consolidation and evaluation of market development according to form No. 02 provided in the Appendix I enclosed herewith.”

3 . Form No. 02 – Weekly report is provided in the Appendix I enclosed with this Circular and supersedes the Form No. 02 provided in the Appendix I enclosed with the Circular No. 115/2017/TT-BTC dated October 25, 2017.

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“Article 21. Periodical supervision reports

1. Not later than 16:30 PM in the trading day, VSD shall submit report on the ending open interest of derivatives to SSC.

2. Within 10 first business days of the following month, VSD shall submit the following monthly reports to SSC, including:

- Report on actions against violations committed by clearing members (Form No. 06 provided in Appendix II).

- Report on support for clearing members facing incapability of fulfilling settlement obligations (Form No. 07 provided in Appendix II).

3. Periodical reports mentioned in this Article shall be submitted as follows:

- Information relating to open interest as prescribed in Clause 1 of this Article shall be electronically submitted.

- Periodical reports prescribed in Clause 2 of this Article shall be prepared in both paper and electronic formats (with using e-signatures).”

Article 2. Amendments to the Circular No. 116/2017/TT-BTC dated October 25, 2017 of the Minister of Finance

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“Article 10. Reporting by SSC

SSC shall, at the request of the Ministry of Finance, submit reports on results of supervision of compliance with provisions in Chapter II and Chapter III of this Circular to the Ministry of Finance.”

2. The line “các trường hợp khác” (“other cases”) shall be added to table 4.2 on processing of applications for transfer of securities ownership outside the trading system of the Stock Exchange provided in Appendix No. II enclosed with the Circular No. 116/2017/TT-BTC.

3. Column 9 “tổng số hồ sơ chưa giải quyết xong trong kỳ báo cáo” (“total applications pending processing in reporting period”) shall be added to table 4.3 on applications for right information registration provided in Appendix No. II enclosed with the Circular No. 116/2017/TT-BTC.

Article 3. Effect

1. This Circular comes into force from August 01, 2019.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for consideration./.

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Thông tư 35/2019/TT-BTC sửa đổi Thông tư 115/2017/TT-BTC hướng dẫn giám sát giao dịch chứng khoán trên thị trường chứng khoán và Thông tư 116/2017/TT-BTC hướng dẫn công tác giám sát tuân thủ của Ủy ban chứng khoán Nhà nước đối với hoạt động trong lĩnh vực chứng khoán của Sở giao dịch chứng khoán, Trung tâm lưu ký chứng khoán Việt Nam do Bộ trưởng Bộ Tài chính ban hành