Decision No. 51/2003/QD-BTC On Amending and Supplementing Certain Provisions of the Securities Depository, Settlement, and Registration Regulations Issued Together with Decision No. 05/1999/QD-UBCK3 dated March 27, 1999, and Decision No. 43/2000/QD-UBCK3 dated June 14, 2000 of the Chairman of the State Securities Commission

DECISION OF THE MINISTER OF FINANCE

Regarding amendments and supplements to certain provisions of the Central Depository and Settlement Regulations for Securities issued together with Decision No. 05/1999/QD-UBCK3 dated March 27, 1999 and Decision No. 43/2000/QD-UBCK3 dated June 14, 2000 of the Chairman of the State Securities Commission Pursuant to Decree No. 48/1998/ND-CP dated July 11, 1998 of the Government on securities and the securities market;

THE MINISTER OF FINANCE

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decision No. 127/1998/QD-TTg dated July 11, 1998 of the Prime Minister on the establishment of the Securities Trading Center;

Pursuant to Circular No. 1046/VPCP-KTTH dated March 10, 2003 of the Office of the Government regarding the amendment of Decision No. 79/2000/QD-UBCK and Decision No. 05/1999/QD-UBCK3;

Amending certain provisions of the Central Depository and Settlement Regulations for Securities issued together with Decision No. 05/1999/QD-UBCK3 dated March 27, 1999 and Decision No. 43/2000/QD-UBCK3 dated June 14, 2000 of the Chairman of the State Securities Commission as follows:

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE REGULATIONS ON SECURITIES REGISTRATION, SAFEKEEPING, NETTING, AND SETTLEMENT ISSUED TOGETHER WITH DECISION NO. 60/2004/QD-BTC DATED JULY 15, 2004 OF THE MINISTER OF FINANCE ARE AS FOLLOWS:

DECISION: 

Article 1. 1. Clause 5, Article 2 of Decision No. 05/1999/QD-UBCK3 shall be amended as follows:

5. A depository member is a securities company member or commercial bank that has been granted a license by the State Securities Commission to participate in depository services, settlement, and registration of securities at the Securities Trading Center.

2. Clause 3, Article 18 of Decision No. 05/1999/QD-UBCK3 shall be amended as follows:

3. An organization or individual investor who is not a depository member, if they request depository services for securities, must submit their securities and complete procedures to open a depository account according to the regulations of the Securities Trading Center.

3. Clause 5, Article 18 (supplemented by Decision No. 43/2000/QD-UBCK3 dated June 14, 2000) shall be amended as follows:

5. Foreign organizations and individuals wishing to conduct securities trading activities on the Securities Trading Center must submit an application for a securities business registration code through a depository member according to the regulations of the Securities Trading Center.

4. Article 22 of Decision No. 05/1999/QD-UBCK3 shall be amended as follows:

The depository accounts of depository members opened at the Securities Trading Center shall be classified as follows:

Domestic securities depository accounts are accounts opened to manage domestic securities deposited by Vietnamese organizations and individuals;

Foreign securities depository accounts are accounts opened to manage foreign securities deposited by foreign organizations and individuals.

This Decision shall take effect fifteen days after its publication in the Official Gazette. Any previous provisions contrary to this Decision shall cease to be effective.

Article 2. The Chairman of the State Securities Commission, the Director of the Securities Trading Center, and the heads of relevant units shall be responsible for implementing this Decision.

Article 3. The Chairman of the State Securities Commission, the Director of the Securities Trading Center, and the Heads of relevant units are responsible for implementing this Decision.