Decision No. 338/2006/QD-UBCK On issuing guidelines for the procedure to cancel registration for trading at the Hanoi Stock Exchange to list on the Ho Chi Minh City Stock Exchange

Pursuant to …;

REGARDING THE ISSUANCE OF GUIDELINES ON THE PROCEDURE FOR WITHDRAWING REGISTRATION OF TRADE AT THE HO CHI MINH CITY SECURITIES EXCHANGE FOR LISTING AT THE HANOI SECURITIES EXCHANGE

CHAIRMAN OF THE STATE SECURITIES COMMISSION

Pursuant to Decision No. 161/2004/QĐ-TTg dated September 7, 2004 of the Prime Minister on the functions, tasks, powers, and organizational structure of the State Securities Commission;
Pursuant to Decree No. 144/2003/NĐ-CP dated November 28, 2003 of the Government on securities and the securities market;
Pursuant to Decision No. 244/QĐ-BTC dated January 20, 2005 of the Minister of Finance promulgating the Interim Regulations on the organization of securities trading at the Hanoi Securities Exchange;
At the proposal of the Head of the Market Development Department,

DECISION:

Article 1.

These Guidelines on the procedure for withdrawing registration of trade at the Hanoi Securities Exchange for listing at the Ho Chi Minh City Securities Exchange are hereby issued together with this Decision.

Article 2.

This Decision shall take effect from the date of signing.

Article 3.

The Director of the Office, the Head of the Market Development Department, the Director of the Hanoi Securities Exchange, the Director of the Ho Chi Minh City Securities Exchange, the Director of the Securities Depository Center, the Heads of units under the State Securities Commission, and related parties are responsible for implementing this Decision.

GUIDELINES ON THE PROCEDURE FOR WITHDRAWING REGISTRATION OF TRADE AT THE HANOI SECURITIES EXCHANGE FOR LISTING AT THE HO CHI MINH CITY SECURITIES EXCHANGE
(Issued together with Decision No. 338/QĐ-UBCK dated June 1, 2006 of the Chairman of the State Securities Commission)

I. Implementation Procedure:

1. The Hanoi Securities Exchange (HSE) shall guide and supervise the organization of registration of trade:

1.1. Publish extraordinary information after the Shareholders' Meeting decision on the withdrawal of registration of trade for listing (Point 10.1.d of Decision No. 245/QĐ-UBCK dated May 4, 2005 of the Chairman of the State Securities Commission).

1.2. Submit an application for permission to list at the Ho Chi Minh City Securities Exchange (HCMCSE) to the State Securities Commission (SSC) with a list of shareholders at the most recent available time. After the application for permission to list is approved in principle, the organization registering trade must complete the listing permission application; submit an application to withdraw registration of trade according to the procedures and formalities guided by the HSE (Point 2.3 of Decision No. 245/QĐ-UBCK dated May 4, 2005 of the Chairman of the SSC).

1.3. Register with the HCMCSE regarding the expected trading date and notify the Securities Depository Center (SDC) about the expected date of closing the shareholder list.

2. The HSE issues a Decision on the withdrawal of registration of trade at the Exchange after the organization registering trade completes the procedures mentioned in Point 1 above.

3. The SDC coordinates with the organization withdrawing registration of trade at the HSE to unify the closing of the shareholder list to implement trading at the HCMCSE.

4. The SSC grants permission to list at the HCMCSE after the organization applying for permission to list completes the listing permission application with the official shareholder list.

5. The HCMCSE guides the organization granted permission to list to submit the listing registration application at the Center and announce information on:

- The Decision of the HSE on the withdrawal of registration of securities trading;

- The date of closing the shareholder list for trading at the HCMCSE (agreed with the SDC) as stipulated in Point 3;

- Announce the listing according to Clause 2 of Article 28 of Decree No. 144/2003/NĐ-CP dated November 28, 2003.

II. Organization of Implementation:

1. The SDC coordinates with the organization applying to withdraw registration of trade to complete the custody procedures serving the listing and trading of securities at the HCMCSE within seven working days from the effective date of the Decision on the withdrawal of registration of trade at the HSE.

2. The HSE, HCMCSE, and SDC have the responsibility to provide specific guidance on the procedures and formalities for organizations withdrawing registration of trade at the HSE to transfer to listing at the HCMCSE to ensure that the trading of securities of the company transferring to listing at the HCMCSE must be implemented within fifteen days from the effective date of the Decision on the withdrawal of registration of trade at the HSE.

In the course of implementation, if there are difficulties, the relevant units are requested to promptly report to the SSC for coordination in resolving them.