According to the regulations in Decree 65/2022/ND-CP and Circular No. 30/2023/TT-BTC (updated by ATA Legal Services here), the trading of bonds, including individual bonds, must be conducted through trading members. Specifically, the trading members on the corporate bond trading system at the Stock Exchange ("SE") include ordinary trading members and special trading members
To ensure supervision and management of the activities of these individual bond trading members, on July 10, 2023, the Vietnam SE issued the Regulation on Trading Members for Individual Corporate Bond Trading ("Regulation") under Decision 55/QD-SGDVN.
Below, ATA Legal Services will introduce the conditions and procedures that securities companies, commercial banks, and foreign bank branches must meet and undertake to become ordinary trading members and special trading members of the individual corporate bond trading system.
1. Conditions for registering as trading members
As per the regulations, the trading members on the individual corporate bond trading system at the Stock Exchange include ordinary trading members and special trading members. Ordinary trading members are securities companies, while special trading members are commercial banks and branches of foreign banks. The specific conditions for registration as trading members for these entities are as follows:
Conditions |
Ordinary trading members |
Special trading members |
Subject-related conditions |
- Securities companies that are clearing members or custody members with a clearing delegation contract, settling with the common clearing member; - In the case of registering as a trading member for debt instruments, the securities company must be a custody member and be licensed to conduct full securities business activities as prescribed in Article 72, Clause 1 of the Securities Law. |
- Commercial banks and branches of foreign banks with paid-up charter capital equal to or greater than the prescribed capital level and not subject to special control under the provisions of the law on credit institutions, except for commercial banks and branches of foreign banks opening direct accounts at the Vietnam Securities Depository and Clearing Corporation according to regulations; - They are also members of custody or organizations opening direct accounts at the Vietnam Securities Depository and Clearing Corporation, except for commercial banks and branches of foreign banks opening direct accounts at the Vietnam Securities Depository and Clearing Corporation according to regulations. |
Information technology infrastructure conditions |
- Have an information technology system that meets the prescribed requirements; - Have means to provide individual corporate bond trading information to serve investors; - Have an electronic information page to ensure the disclosure of information as required. |
- Having an information technology system that meets regulations; - Having a website to ensure the implementation of information disclosure in accordance with regulations. |
Business process conditions |
Have procedures and instructional documents for trading individual corporate bonds. |
No specified. |
Personnel conditions |
Have at least 02 information technology personnel with a university degree or higher in information technology and meet the following requirements: - The head of the information technology department must have at least 01 year of experience in the field of information technology. - Information technology employees must have relevant professional certificates for each position, such as network system administration, operating system administration, information technology system security, and database administration. |
Have at least 02 information technology personnel with a university degree or higher in information technology, and information technology employees must have relevant professional certificates for each position, such as network system administration, operating system administration, information technology system security, and database administration. |
2. Order and procedures for membership registration
Step |
Procedure name |
Contents |
Implementing Unit |
Deadline for settlement |
Step 1 |
Apply |
Submit 2 sets of documents simultaneously: 1. A dossier of membership registration to the VET; and 2. Dossier of registration for connection of bond transactions to the Hanoi Stock Exchange |
Registrar |
|
Step 2 |
Review your profile |
1. Review the application 2. Issue notice of modification and supplementation of dossiers (if necessary) |
Vietnam Department of Education Hanoi Department of Education and Education |
7 working days from the date of receipt of the application |
Step 3 |
Amending and supplementing dossiers |
Amending and supplementing dossiers |
Registrar |
60 days from the date of receipt of the notice |
Step 4 |
Review your profile |
Hanoi Department of Education and Education shall consider the dossier of registration for bond connection amended and supplemented and send a report to the VET Vietnam Department of Education and Education shall consider membership registration dossiers |
Hanoi Department of Education and Vietnam Department of Education |
In 3 working days. |
Step 5 |
Issue written requirements and instructions for completing facilities and technical systems |
VB requires the registration organization to: 1. Improve facilities,install systems, connect software for transmitting transaction data and testing the system to Hanoi Stock Exchange (if any); 2. Hanoi Department of Education and Education shall guide the registering organization to update technical parameters and systems in the connection registration dossier and assist the registering organization in completing the procedures.
|
Vietnam Department of Education Hn Department of Education |
3 working days from the date of receipt of valid dossiers and reports of Hanoi Department of Education and Education |
Step 6 |
Complete facilities and technical systems |
+ Coordinate with Hanoi Department of Education and Education to complete material foundations and technical systems as required; + Update the registrationdossier for connecting individual corporate bond transactions according to the instructions of the Hanoi Department of Education and Education to the Vietnam Stock Exchange |
Registrar |
30 days from the date of receipt of the document from the Vietnam Department of Education and Education |
Step 7 |
Test Plan Notification |
Vietnam Department of Education and Education announces about: 1. Plan for inspection of material and technical foundations in the following cases: - Register online transaction connection; - Register remote trading connection and use a new workstation to connect transactions to Hanoi Stock Exchange; 2. Plan for remote inspection and assignment of Hanoi Stock Exchange to inspect remotely in case only remote transaction connection is registered and uses workstations approved by Hanoi Stock Exchange to connect remote transactions on listed stock markets, transaction registration and debt instrument markets.
|
Vietnam Department of Education |
Within 05 working days from the date of receipt of the notice of the registration organization and the report of the Hanoi Department of Education and Education on the completion of the requirements as prescribed by the registration organization |
Step 8 |
Conduct an inspection |
Conduct an inspection |
Vietnam Department of Education Hanoi Department of Education and Education |
Theo kế hoạch |
Step 9 |
Register the official trading day |
Inorder to combine satisfactory test results, registered members complete: - Register to use the Electronic Information Disclosure System; - Sign an information supply contract; - Register the official trading day on the Hanoi Stock Exchange.
|
Registrar |
Within0.5 working days from the date of receipt of the notice of the Vietnam Department of Education and Education; |
Step 10 |
Membership approval decision |
1. The Vietnam Department of Education and Education shallissue a decision approving the membership. 2. Hanoi Stock Exchange shall issue written approval for transaction connection |
Vietnam Department of Education Hanoi Department of Education and Education |
Within 03 working days from the date the registration organization completes the required procedures. |
3. Members must conduct trading activities on the individual corporate bond trading system of the Hanoi Stock Exchange within 60 days from the date of approval of membership by the Vietnam Stock Exchange of Vietnam.
The individual corporate bond trading membership regulations will apply from July 10, 2023.
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