Circular No. 147/2012/TT-BTC amends and supplements several articles of the "Securities Business Regulation" issued together with Decision No. 15/2008/QĐ-BTC dated March 27, 2008, of the Minister of Finance.

Article 1. Amending and supplementing certain Articles of the Regulation on Securities Business issued together with Decision No. 15/2008/QĐ-BTC dated March 27, 2008 of the Minister of Finance as follows:

1. Repealing Point b Clause 1 Article 4.

2. Amend Article 5 as follows:

"Article 5. Documents and Procedures for Issuing Securities Business Certificates

1. Documents for requesting issuance of a securities business practice certificate for domestic individuals include:

a) Application for issuance of a securities business practice certificate (in accordance with the form prescribed in Appendix I of the Regulation on Securities Business);

b) Personal information sheet of the applicant for issuance of a securities business practice certificate (in accordance with the form prescribed in this Circular), valid within six (06) months prior to the date when the State Securities Commission receives a complete application, certified by the applicant's signature;

c) A copy of the Criminal Record Certificate issued by the competent authority within six (06) months prior to the date when the State Securities Commission receives a complete application, accompanied by a certified true copy of the applicant’s identity card or passport still in force;

d) A certified true copy of the bachelor's, master's, or doctoral degree diploma; d) A certified true copy of a legitimate securities business practice certificate from abroad or equivalent documentation proving that the individual has been legally permitted to engage in securities business in another country (if applicable);

e) A certified true copy of relevant professional certificates in securities or diplomas exempted from such professional certificates in accordance with Article 4 of the Regulation on Securities Business;

g) Examination results corresponding to the type of securities business practice certificate requested;

h) Two (02) 4x6 photographs taken within six (06) months prior to the date when the State Securities Commission receives the application for issuance of a securities business practice certificate;

i) In case of requesting issuance of a securities business management fund certificate, the application must be supplemented with documents confirmed and verified by authorized organizations proving that the applicant has at least five years of experience in financial or banking fields (except cases exempted according to point c Clause 3 Article 4 of the Regulation on Securities Business).

2. Documents for requesting issuance of a securities business practice certificate for foreign individuals include:

a) Documents specified in points a, c, d, đ, e, g, h and i Clause 1 of this Article;

b) Personal information sheet of the applicant for issuance of a securities business practice certificate (in accordance with the form prescribed in this Circular), valid within six (06) months prior to the date when the State Securities Commission receives a complete application, certified by the applicant's signature.

3. The application for issuance of a securities business practice certificate shall be prepared in one (01) copy to be submitted to the State Securities Commission and will not be returned, even if the securities business practice certificate is not issued.

In case of documents written in a foreign language, these documents must be officially translated into Vietnamese. For foreign individuals, documents issued or confirmed by foreign state authorities must be legalized within six (06) months prior to the date when the State Securities Commission receives the application.

4. Within five (05) working days from the date of receipt of the application, the State Securities Commission shall issue a Decision on issuance of a securities business practice certificate and notify the payment of the issuance fee (for applications that are complete) or notify the amendment and supplementation of the application (for incomplete applications) to the applicant. The applicant for issuance of a securities business practice certificate must pay the fee before receiving the securities business practice certificate. In case of refusal, the State Securities Commission must respond in writing, stating the reasons and publishing them on its electronic information website.

5. The securities business practice certificate is only valid when the holder works in a specialized position at a securities company, a fund management company, or a securities investment company and the company reports this to the State Securities Commission.

6. The securities business practice certificate is issued without a time limit, except in cases where it is revoked according to Clause 1 Article 7 of the Regulation on Securities Business."

3. Abolishing the Model Curriculum Vitae of Securities Practitioners prescribed in Appendix II issued together with the Regulation on Securities Business.

Article 2. Implementation

1. This Circular takes effect from November 1, 2012.

2. During the implementation process, if there are difficulties, organizations and individuals related to this matter are advised to report to the Ministry of Finance for research, guidance, and resolution./.