Tiếng Việt| THE MINISTRY OF FINANCE | SOCIALIST REPUBLIC OF VIET NAM |
| No. 58/2004/TT-BTC | Hanoi, June 17, 2004 |
PROVIDING GUIDANCE ON SECURITIES MEMBERS AND TRANSACTIONS
In furtherance of the Government's Decree No.144/2003/ND-CP of November 28, 2003 on securities and securities market (Decree No.144/2003/ND-CP for short), the Finance Ministry hereby provides guidance on securities members and transactions as follows:
1. This Circular provides for members of the Securities Trading Center (STC) or the Stock Exchange (SE) and securities transactions on central securities trading market.
2. In this Circular, the following terms shall be construed as follows:
2.1. STC or SE members (hereinafter called members for short) are securities companies approved by the STC or SE to trade in securities via the STC's or SE's trading system.
2.2. Trading system is a computer system used for transactions at the STC or SE.
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2.4. Price fluctuation range is the limit of securities price fluctuation defined for a trading day and calculated in percentage (%) of the reference price.
2.5. Exercise price is the securities price determined from the result of order matching.
2.6. Opening price is the exercise price at the first order matching on a trading day.
2.7. Closing price is the exercise price at the last order matching on a trading day. In cases where the exercise price of the trading day is unavailable, the closing price shall be determined as the closing price of the nearest trading day.
2.8. Reference price is the price that serves as basis for the calculation of the limit of securities price fluctuation on a trading day.
2.9. Limited order is the securities purchase or sale order given by the investor to the broker for execution at the designated price level or better price.
2.10. Trading order at the order-matching price level (abbreviated to ATO) is the order to buy or sell securities without recording the price level, which is given by the investor to the broker for execution according to the level of order-matching price.
2.11. Terminals mean input and output equipment used to receive or transmit information.
II. MEMBERS OF THE SECURITIES TRADING CENTER OR THE STOCK EXCHANGE
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The conditions for being members of STC or SE include:
1.1. Being granted securities trading licenses by the State Securities Commission for securities brokerage or dealing.
1.2. Having order-receiving and transmitting system and terminals to ensure the capability of connection with the STC's or SE's trading system.
2. Membership registration
2.1. A membership registration dossier includes:
2.1.1. The membership registration application (according to a set form);
2.1.2. The valid copy of the securities business license;
2.1.3. The valid copies of securities business practice certificates of the dealers appointed as trading representatives at the STC or SE.
2.1.4. The procedures for professional securities trading activities of the member.
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3. The member's rights
3.1. To trade in securities at the STC or SE.
3.2. To use the system of equipment, infrastructure and services provided by the STC or SE.
3.3. To collect assorted charges for securities transaction services provided for clients under law provisions.
3.4. To request the STC or SE to act as the intermediary conciliator in case of disputes related to securities trading activities.
3.5. To withdraw from the STC or SE membership after getting approval from the STC or SE.
4. The member's obligations
4.1. To abide by regulations on members of the STC or SE.
4.2. To submit to inspection and supervision by the STC or SE and the State Securities Commission.
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4.4. To pay to the STC or SE and the Securities Custody Center contributions to the establishment of the Payment Support Fund under law provisions.
4.5. To comply with regulations on reporting and information disclosure for members, according to the provisions of the Circular guiding information disclosure on the securities market.
4.6. To report to the STC or SE on:
4.6.1. The yearly and quarterly operation situation and financial situation of the company under law provisions;
4.6.2. The monthly business situation according to the Regulation on Organization and Operation of Securities Companies; and the monthly securities transactions (according to set form), within the first 5 days of the subsequent month;
4.6.3. Information related to the member's operation at the request of the State Securities Commission, the STC or SE in necessary cases.
5. Termination of the membership
Members shall have their membership terminated in the following cases:
5.1. Failing to meet the conditions specified in Clause 1, Section II of this Circular.
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5.3. Seriously and systematically violating the regulations on the STC or SE members.
5.4. Voluntarily withdrawing from the membership as approved by the STC or SE.
6. The member's trading representative
6.1. The trading representative of a STC or SE member shall be a business employee appointed by that member and granted trading representative's card by the STC or SE. The trading representative's card shall be valid for 2 years and re-granted at the member's request.
6.2. The operation of trading representatives must comply with the STC's or SE's regulations on trading representatives. The members shall take responsibility for task performance by their respective trading representatives at the STC or SE.
6.3. The trading representative's card shall be withdrawn in the following cases:
6.3.1. Members request the STC or SE to withdraw the trading representative's cards.
6.3.2. The trading representatives have their securities business practice certificates withdrawn.
6.3.3. The trading representatives seriously violate the STC's or SE's regulations on trading representatives.
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7. The member's securities transactions
7.1. Members must conduct transactions on listed securities for clients and dealing transactions via the STC's or SE's trading system, except for cases of odd-lot stock purchase by clients according to the list of shareholders already registered with the STC or SE.
7.2. Members must sign written contracts when opening securities trading accounts for clients according to the Regulation on Organization and Operation of Securities Companies.
7.3. Members shall directly receive securities trading orders from clients through order tickets (according to set form) at their head offices, branches, transaction bureaus or order-receiving agents. If receiving securities trading orders via telephone, fax, telex or Internet, members shall request clients to send order tickets within the trading day. Order tickets issued by clients must be archived at the order-receiving places.
7.4. Members must inspect the margin in the clients' accounts according to the provisions in Clause 8, Section III of this Circular before recording securities trading orders in the trading system.
7.5. Members shall open and keep the order-receiving books (according to set form) for the trading day, with the following contents:
7.5.1. The securities trading orders received on the day;
7.5.2. The trading orders already executed and not yet executed in the day.
7.6. Members shall send written notices to clients, certifying the results of execution of the latter's securities trading orders right on the trading day. Such a notice shall be duplicated, one sent to the clients and another kept at the member's head office.
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7.7. Members must keep and ensure the confidentiality of the clients' securities trading accounts and dossiers under law provisions.
7.8. Monthly or at the clients' requests, members must send to each of their clients copies of money and securities accounts (according to a set form) within the first 5 days of the subsequent month or 5 days after receiving the requests.
7.9. Members are obliged to provide necessary information related to the clients’ accounts for the purpose of management, supervision and inspection at the requests of the STC, SE, the State Securities Commission and the competent State agencies.
1. Trading time
1.1. The STC or SE shall organize securities transactions from Monday thru Friday weekly, except for holidays prescribed by the Labor Code.
The chairman of the State Securities Commission shall decide on changing trading days in necessary cases.
1.2. The STC or SE shall prescribe in detail the trading time (trading sessions, trading hours; order-matching time) after getting approval from the chairman of the State Securities Commission.
1.3. The STC or SE may decide on changing trading hours in the following cases:
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1.3.2. When half (1/2) or more of the members of the STC or SE are affected by incidents within the trading order-transferring system;
1.3.3. Other force majeure circumstances like natural calamities, fires or objective incidents.
In case of the above-mentioned events, the STC or SE shall stop receiving trading orders. Transactions shall resume as soon as the trading system or order-transferring system of members is restored. If such a system cannot be restored, the trading session shall be considered having ended at the preceding time of order matching.
1.4. Upon the occurrence of events mentioned at Point 1.3 of this Clause, the STC or SE shall base themselves on the specific situation to decide and notify trading time changes.
2. Trading modes
2.1. The STC or SE shall organize securities transactions through the trading system by two following modes:
2.1.1. The order-matching mode, which is a mode of trading executed by the trading system on the basis of matching the clients' securities buying and selling orders on the principle of determining the exercise price as follows:
a/ Being the exercise price level at which the trading volume is the biggest;
b/ If more than one price level satisfies Item a above, the price level that is the same as or near the exercise price of the latest order-matching time shall be chosen;
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2.2. The agreement mode, which is a trading mode whereby members shall reach agreement among themselves on the trading conditions.
2.2. The State Securities Commission shall prescribe in detail the trading modes for each type of securities in each period.
3. Trading orders
3.1. Trading orders by the order-matching mode include limited orders and trading orders at the order-matching price level, recorded by members' trading representatives in the trading system at the STC or SE.
3.2. During the trading time, trading representatives are allowed to modify orders wrongly recorded for clients, but must produce original orders and be approved by the STC or SE. The modification of orders shall be effective only when original orders or their remainders have not yet been executed.
3.3. Orders that have been entered into the trading system cannot be cancelled in the same order-matching time but the remainders of original orders or original orders that have not yet been executed in the preceding order-matching time can be cancelled.
3.4. Limited orders entered into the system shall be effective till the end of the trading day.
3.5. Trading orders at the order-matching price level, that have been entered into the system shall only be effective in the relevant order-matching time.
4. Contents of trading orders
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4.1.1. Buy and sell orders;
4.1.2 Securities codes.
4.1.3. Volumes;
4.1.4. Prices;
4.1.5. The investor's transaction account identification number;
4.1.6. Signs of trading orders as prescribed by the STC or SE.
4.2. Trading orders at the order-matching price level entered into the trading system shall have the same contents as limited orders but the ATO shall be inscribed instead of the price level.
5. Trading units and price quotation
5.1. The round-lot trading unit by the trading mode of order matching shall be defined by the chairman of the State Securities Commission.
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5.3. Price quotation units are provided for as follows:
5.3.1. Transactions by the order-matching mode:
Price level
Price quotation unit
£ 49.900
VND 100
50,000- 99,500
VND 500
³ 100,000
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5.3.2. Price quotation units for the agreement mode shall not be prescribed.
6. Price fluctuation range
6.1. The chairman of the State Securities Commission shall prescribe price fluctuation range for stock and investment fund certificate trading on the trading day.
6.2. The price fluctuation range shall not apply to bond transactions.
6.3. The limit of securities price fluctuation shall be defined as follows:
Maximum price = Reference price + (Reference price x Price fluctuation range)
Minimum price = Reference price - (Reference price x Price fluctuation range)
7. Reference price
7.1. The reference price of stocks or investment fund certificates being traded shall be the closing price of the nearest trading day.
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7.3. In cases where securities are suspended from transaction for over 30 days, when the transaction resumes, the reference price shall be defined in the similar way as provided for at Point 7.2 of this Clause.
7.4. For transactions on securities without dividends and accompanied rights, the reference price on the day of not enjoying rights shall be defined by the principle of adjusting the closing price of the nearest trading day according to the value of receivable dividends or accompanied rights.
7.5. For stock split or reverse split, the reference price in the first trading day after suspension shall be defined by the principle of adjusting the closing price of the day preceding the day of stock split or reverse split according to the stock split or reverse split rate.
7.6. In some necessary cases, the State Securities Commission may apply other methods to determine the reference price.
8. Trading margin
When ordering securities sale, a client must possess an adequate volume of securities offered for sale in the securities account opened at the member. When ordering securities purchase, the account balance in cash of the client opened at the member must meet the conditions on trading margin ratio as prescribed by the chairman of the State Securities Commission.
9. Order-matching principles:
9.1. Price priority:
9.1.1. A buy order with higher price level shall be prioritized for execution first.
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9.2. Time priority: If buy and sell orders have the same price level, the first-entered order in the trading system shall be prioritized for execution first.
10. Confirmation of trading results
10.1. The results of matching securities trading orders shall be confirmed with the members through monitors of trading representatives at the STC or SE. The contents of a trading result include:
10.1.1. The code of the trading order;
10.1.2. The code of confirmation of the transaction;
10.1.3. The securities code;
10.1.4. The exercise price;
10.1.5. The purchase or sale volume;
10.1.6. The time when the transaction is effected;
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10.1.8. The sign of the order;
10.1.9. The client account identification number;
10.1.10. The identification number of member's trading representatives;
10.2. The members shall notify the trading results to their clients.
11. Big-lot stock or investment fund certificate transactions
11.1. Units engaged in big-lot stock or investment fund certificate trading shall be defined by the chairman of the State Securities Commission.
11.2. The big-lot stock or investment fund certificate trading shall be effected by the agreement mode. The agreement-based trading process shall be prescribed by the STC or SE. The results of an agreement-based transaction shall be displayed on the monitor of the trading representative at the STC or SE, including the following contents:
11.2.1. The securities code;
11.2.2. The code of confirmation of agreement-based transaction;
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11.2.4. The volume;
11.2.5. The buying (or selling) party;
11.2.6. The transaction status;
11.2.7. The time for completion of the transaction in the system;
11.2.8. The member signs of the buying and selling parties and order-recording trading representative;
11.2.9. The account identification number of the buying (or selling) party's investor;
11.2.10. The signs of trading orders of the buying and selling parties.
12. Odd-lot stock or investment fund certificate transactions
12.1. When requested by clients, member securities companies are only allowed to repurchase odd-lot stock or investment fund certificates of investors.
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12.3. Odd-lot stock or investment fund certificate transactions shall be effected directly between investors and member securities companies on the principle of agreement on price, which, however, must not exceed the price fluctuation range defined by the chairman of the State Securities Commission, as compared with the latest exercise price of that stock at the STC or SE.
12.4. Monthly or at the request of the STC or SE, members shall have to report the results of odd-lot transactions to the STC or SE.
13. Securities transactions of investors
13.1. Investors are not allowed to concurrently place buy and sell orders for one type of stock or investment fund certificates in the same trading day.
13.2. Each investor can open only one securities transaction account and at only one securities company.
13.3. In cases where investors open securities custody accounts at custody organizations being commercial banks licensed by the State Securities Commission to engage in securities custody activities, they shall have to place securities trading orders through securities companies and make payment for transactions at custody organizations that keep the clients' securities in custody.
13.4. Vietnam State Bank, credit institutions and organizations licensed to participate in bidding for, act as issuance agents or underwrite the issuance of Government bonds, that open securities custody accounts at the STC or SE, must place Government bond-trading orders via securities companies.
14. Stock transactions of internal shareholders
14.1. Members of the Managing Board, the Directorate, chief accountant and members of the Control Board of a listing organization as well as involved persons that intend to deal in stocks of their listing company must report in writing to the STC or SE at least 10 working days before the trading day. The contents of the report shall comply with the provisions in the set form.
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- The trading results;
- The stock holding rate at present;
- The changes in the stock holding rate.
15. Treasury stock transactions
15.1. A listing organization that wishes to redeem its stocks or sell treasury stocks must file its application and acquire approval from the State Securities Commission. The contents of such application must state clearly: the purpose of treasury stock redemption and sale, the volume, sources of capital for execution, securities company trusted to conduct transaction, mode of transaction, number of transaction account at the trusted securities company and transaction time. The listing organization is not allowed to conduct treasury stock transactions on the day of implementation of the Managing Board's decision on the issuance of stocks for capital increase, stock split or reverse split.
15.2. A listing organization can redeem no more than 30% of the total stock capital and must ensure the solvency and fulfillment of other obligations according to provisions of the Enterprise Law. In each trading day, the listing organization is allowed to place order to redeem stocks or sell treasury stocks with a minimum volume equal to 3%, and maximum volume equal to 5%, of the total stock volume already applied. In special cases, if the listing organization whishes to deal in a volume exceeding 5% of the applied volume or conduct big-lot transaction by mode of agreement, it must get approval from the STC or SE.
15.3. The price offered for redemption of stocks of the listing organization on a trading day must not be higher than the reference price plus 3 price quotation units. The price offered for sale of treasury stocks on a trading day must not be lower than the reference price minus 3 price quotation units.
15.4. A listing organization that redeem at a time a volume of treasury stocks equal to 25% or more of its stock capital, must apply the mode of public bid as prescribed in Clause 18, Section III of this Circular.
15.5. The organizations are obliged to clear the treasury stock volume already registered for trading within 90 days from the date of getting approval from the State Securities Commission.
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16. Stock transactions of big shareholders
16.1. Organizations or individuals that hold by themselves or jointly with involved persons up to 5%, 10%, 15% or 20% of stock capital of a listing organization, whenever effecting a transaction that leads to increase or decrease of the above levels, must report in writing to the State Securities Commission, the STC or SE and notify the listing organization within 3 working days as from the date the transaction reaches, exceeds or falls below the above-mentioned holding levels. The contents of the report shall comply with the provisions in the set form.
16.2. Organizations or individuals that hold by themselves or jointly with involved persons a stock volume exceeding the above-mentioned levels but fail to report thereon to the State Securities Commission and the STC or SE, if being detected, shall be forced to sell the excessive volume within 30 days.
17. Transactions to acquire the ownership of listing organizations
17.1. Organizations or individuals that hold or intend to hold by themselves or jointly with involved persons up to 25% of stock capital of a listing organization, whenever intending to conduct a transaction that leads to changes in their stock portions, must report such in writing to the State Securities Commission, the STC or SE and notify the listing organization thereof within 3 working days before the trading day. The contents of the report shall comply with the provisions in the set form.
17.2. Within 3 working days after the completion of the transaction, the acquirer must report in writing to the State Securities Commission, the STC or SE on, and notify the listing organization of:
- The trading results;
- The current stock-holding rate;
- The changes in the stock-holding rate.
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17.4. Within 10 working days from the date of reaching the holding rate and the number of shareholders prescribed at Point 17.3 of this Clause, the acquirer shall have the right to enter bid for purchase of stocks of the remaining shareholders or the remaining shareholders have the right to offer sale of their stocks to the acquirer, and the acquirer is obliged to buy that stock volume by mode of public bid prescribed in Clause 18, Section III of this Circular.
17.5. Organizations or individuals that intend to buy by, themselves or jointly with involved persons, at a time a stock volume equal to 25% or more of the stock capital of a listing organization, must at the same time report such in writing to the State Securities Commission, the STC or SE, notify the listing organization thereof and conduct the transaction by mode of public bid under the provisions in Clause 18, Section III of this Circular.
18. Public bid transactions
18.1. The public bid report of the acquirer shall comply with the provisions in the set form.
18.2. Within 7 working days from the date of receiving the acquirer's notice, the target listing organization must give its opinions on the acquisition, report in writing to the State Securities Commission on, and notify all shareholders of, its opinions thereabout.
Within 10 working days from the date of receiving complete and valid reports of the acquirer, if it holds different opinions, the State Securities Commission must reply in writing, clearly stating the reasons therefor.
18.3. After 10 working days from the date of reporting, if the State Securities Commission has no different opinions, the acquirer must publicize the public bid in 3 consecutive issues of a central newspaper and a local newspaper of the locality where the acquired listing organization is headquartered or through the means of information disclosure of the STC or SE. Information on public bid must include the contents already reported to the State Securities Commission as prescribed at Point 18.1 of this Clause.
18.4. After the publicization, the acquirer must not change their acquisition intention already publicized, except in the following cases:
18.4.1. Within the public bid time limit, if the total stock volume registered for sale is smaller than the expected volume registered for purchase, the acquirer may report thereon to the State Securities Commission for cancellation of the acquisition and when approved, must publicly announce the approval according to provisions at Point 18.3 of this Clause;
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18.5. The public bid time limit shall be no less than 30 days and no more than 60 days. Within this time limit:
18.5.1. The acquired listing organization must not issue shares or effect stock split or reverse split, except in case of the Managing Board's resolution in this regard before the time the acquirer sends the open-bid report to the State Securities Commission.
18.5.2. The acquirer is not allowed to conduct any other transaction related to the stocks to be purchased for ownership acquisition at the STC or SE.
18.6. In cases where the acquirer has written agreement with the Managing Board's members and big shareholders of the target listing organization, such must be reported in writing to the State Securities Commission and publicized under the provisions at Point 18.3 of this Clause.
18.7. Before offering a public bid, the acquirer must deposit a money amount equal to 100% of the public bid's exercise price multiplied by the volume registered for purchase.
18.8. The public bid price must not be lower than the closing price of the stocks to be bought for acquisition at the STC or SE before the public bid day and shall apply to all shareholders who have registered their sale offers.
18.9. Ten working days before the end of the public bid, shareholders have the right to cancel the registration of their sale offers.
18.10. Within 7 working days before the end of the public bid time limit, the acquirer may increase the public bid price and must publicly announce it according to provisions at Point 18.3 of this Clause.
18.11. Stocks of offering shareholders shall be transferred from their securities transaction accounts into the frozen securities accounts of the custody member, opened at the STC or SE, which shall be released only when such shareholders cancel their sale offer registration.
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In cases where the acquirer registers public bid for 80% or more of stock capital (for companies with stock capital of under VND 100 billion) or 85% or more of stock capital (for companies with stock capital of over VND 100 billion) of the target listing organization and upon the expiry of the public bid time limit the stock volume of the shareholders' offerings exceed the stock volume of the public bid, the acquirer is obliged to buy the whole volume already registered for sale.
18.13. Within 5 working days from the expiry of the public bid time limit, the trusted securities company must transfer money and securities to securities-selling shareholders and the acquirer through the money- and securities-payment system of the STC or SE and the designated bank.
18.14. After 5 working days from the end of the acquisition, the acquirer must report in writing to the State Securities Commission, the STC or SE and publicize the acquisition results according to provisions at Point 18.3 of this Clause.
The contents of the report include:
- The name and address of the acquirer;
- The name of the acquired listing organization;
- The stock volume and holding rates as compared with the total stock capital of the acquired organization.
18.15. Within 10 working days as from the date of reaching the holding rates and number of shareholders as prescribed at Point 17.3, Clause 17, Section III of this Circular:
18.15.1. The remaining shareholders have the right to offer sale of their stocks to the acquirer and the latter is obliged to further buy those stocks under the public-bid conditions already publicized; or
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18.16. The acquirer is not allowed to sell the already bought stocks within 6 months from the end of the acquisition.
19. Securities transactions of foreign investors
19.1. Foreign investors that wish to open securities transaction accounts must fill in procedures for granting securities transaction codes with the STC or SE via the custody members.
A dossier of application for granting of securities transaction code shall include:
19.1.1. The application for registration of securities transaction code, made by the custody member (according to set form).
19.1.2. The application for registration of securities transaction code, made by the client (according to set form).
19.1.3. Personal information ticket (according to set form); the information tickets on the foreign investment organization (according to set form) and the trustee (according to set form), certified by the Notary Public or the competent agency of the concerned foreign country.
19.1.4. The copies of the founding license, which is notarized or verified as true copy by the competent agency of the concerned foreign country; and the license of founding of organization(s) or branch(es) in Vietnam (if any), which is notarized or verified as true copy by the competent Vietnamese agency.
19.1.5. The document on nomination of lawful representative of the foreign investment organization (according to set form), certified by the foreign investment organization and competent agency.
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19.3. If the dossiers and documents defined at Item 19.1.4, Point 19.1 and Point 19.2 are in foreign languages, the investor must translate them into Vietnamese and the translation be certified by the Vietnamese competent State agency.
19.4. The trading system shall control and publicize stock volume available for purchase by foreign investors on the principle that:
19.4.1. The volume of stocks bought by foreign investors shall be cleared against the stock volume that such investors are allowed to buy right after the execution of buy orders; the volume of stocks sold by foreign investors shall be added to the volume of stocks that such investors are allowed to buy, right after completing the payment for transactions.
19.4.2. Buy orders or part of buy orders of foreign investors that have not yet been executed shall automatically be cancelled if the stock volume allowed for purchase is no longer available and the buy orders continuously entered into the trading system shall not be accepted.
20. Error correction after transactions
After completion of transactions, if members detect errors due to confusion or omission (regarding buy or sell orders, securities codes, prices, volumes and accounts) in the course of receiving, transferring or recording orders in the trading system, they shall have to report to the STC or SE on such errors and take responsibility for settlement of the problems with clients for their transaction errors. The STC or SE shall prescribe in detail the order of correcting errors after transactions for the members.
21. Securities subject to control, transaction suspension
21.1. When securities are subject to control under the provisions at Point 1, Article 32 of Decree No.144/2003/ND-CP, the STC or SE shall make warning signs and request the listing organization to disclose information.
21.2. The STC or SE may decide to suspend transactions for one type of securities and request the listing organization to disclose information in the events mentioned in Clause 2, Article 32 of Decree No.144/2003/ND-CP.
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22. Transaction signs
The STC or SE shall prescribe signs to be displayed on electronic screens and announce on the communication means of the STC or SC cases defined at Points 7.3, 7.4 and 7.5, Clause 7, Section III, and Points 21.1, 21.2, 21.3, Clause 21, Section III of this Circular.
IV. IMPLEMENTATION ORGANIZATION
1. This Circular takes effect 15 days after its publication in the Official Gazette. The ministers, the heads of the ministerial-level agencies and agencies attached to the Government, the presidents of the People's Committees of the provinces and centrally-run cities, the State Securities Commission, the STC or SE, the organizations participating in the securities market and relevant organizations and individuals shall have to implement this Circular.
In the course of implementation, if any problem arises, concerned organizations and individuals shall promptly report it to the Finance Ministry for study, guidance and settlement.
FOR THE FINANCE MINISTER
VICE MINISTER
Le Thi Bang Tam