Decision No. 01/2009/QD-TTg On the establishment of the Hanoi Stock Exchange

Pursuant to …;

Regarding the establishment of the Hanoi Stock Exchange

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
BASED ON THE SECURITIES LAW NUMBER 70/2006/QH11 OF JUNE 29, 2006;
Pursuant to Law on Enterprises No. 60/2005/QH11 dated November 29, 2005;
Considering the proposal of the Minister of Finance,

Pursuant to …;

Article 1. Establish the Hanoi Stock Exchange based on the transformation and reorganization of the Hanoi Securities Trading Center (established pursuant to Decision No. 127/1998/QD-TTg dated July 11, 1998) from a state-owned public service entity with revenue to operate under the model of a State-owned limited liability company.

- Full name: Hanoi Stock Exchange.

- International trading name: Hanoi Stock Exchange.

- Abbreviation: HNX.

Article 2. The Hanoi Stock Exchange shall be responsible for organizing the securities trading market for securities of issuers meeting the conditions for listing securities as stipulated in Article 9 of Decree No. 14/2007/ND-CP dated January 19, 2007 of the Government detailing implementation of certain provisions of the Securities Law.

Article 3. The Hanoi Stock Exchange has legal personality, its own seal; it is entitled to open accounts in Vietnamese dong and foreign currencies at the State Treasury and domestic and foreign commercial banks; it is an independent accounting unit, financially autonomous, implementing financial regulations, statistical reporting systems, accounting, auditing, and financial obligations as prescribed by law.

Article 4. The Hanoi Stock Exchange inherits all rights and obligations of the Hanoi Securities Trading Center and performs the rights and obligations prescribed in the Securities Law, the Enterprise Law, the Charter of the Hanoi Stock Exchange, and other relevant laws.

Article 5. Operating capital of the Hanoi Stock Exchange:

1. Registered Capital: 1,000 billion Vietnamese dong, including:

a. Capital transferred from the Hanoi Securities Trading Center.

b. Additional state budget capital during the course of operation.

2. Self-supplemented capital from post-tax profits and other lawful sources.

3. Other lawful borrowed and raised capital for investment in technical infrastructure development.

Article 6. Organizational structure and operations

1. The management and operational machinery of the Hanoi Stock Exchange includes the Board of Directors, General Director, Supervisory Board, and specialized departments.

2. The Hanoi Stock Exchange may apply safety bonus systems; employees of the Hanoi Stock Exchange may have their salaries classified according to the level of a State-owned enterprise.

3. The organizational structure and operations of the Hanoi Stock Exchange are specifically defined in the Charter of the Hanoi Stock Exchange.

Article 7. Responsibilities of agencies:

1. Ministry of Finance:

a. Approving the Charter of the Hanoi Stock Exchange; issuing financial mechanisms; approving the positions of Chairman and members of the Board of Directors, and the General Director of the Hanoi Stock Exchange upon the proposal of the Board of Directors, after consulting with the Chairman of the State Securities Commission.

b. Coordinating with relevant ministries and sectors to guide the implementation of this decision.

c. The State Securities Commission shall issue business registration certificates, manage, and supervise the activities of the Hanoi Stock Exchange.

2. The Ministry of Labor, Invalids, and Social Affairs shall coordinate with the Ministry of Finance to guide the Hanoi Stock Exchange in implementing salary classification and safety bonus systems as currently prescribed.

3. The Board of Directors and General Director of the Hanoi Stock Exchange are responsible for organizing the operations of the Hanoi Stock Exchange in accordance with the provisions of the law.

Article 8. This Decision takes effect fifteen days after its publication in the Official Gazette and replaces Decision No. 127/1998/QD-TTg dated July 11, 1998 regarding the establishment of the Hanoi Securities Trading Center.

Article 9. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and municipal People's Committees directly under the central government are responsible for implementing this Decision.