| THE MINISTRY OF FINANCE -------- No. 204/2012/TT-BTC | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- Hanoi, November 19, 2012 |
CIRCULAR
GUIDING THE DOSSIER AND PROCEDURE FOR PUBLIC OFFERING OF SECURITIES
Pursuant to the Law on Securities No. 70/2006/QH11 dated June 29th 2006 and the Law on amending and supplementing a number of articles of the Law on Securities No. 62/2010/QH12 dated November 24th 2010;
Pursuant to the Government's Decree No. 58/2012/ND-CP dated July 20th 2010, detailing and guiding the implementation of a number of articles of the Law on Securities and the Law on amending and supplementing a number of articles of the Law on Securities;
Pursuant to the Government's Decree No. 118/2008/ND-CP dated November 27th 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the President of the State Securities Commission;
The Minister of Finance promulgates a Circular guiding the dossier and procedure for public offering of securities.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular specifies the dossier and procedure for offering securities to the public.
Article 2. Responsibility of issuers, organizations and individuals participating in the compilation of dossiers of application for public offering of securities
1. The issuers, the organizations and individuals participating in the compilation of dossiers of application for public offering of securities are responsible before law for the accuracy and sufficiency of their dossiers of application for offering securities to the public.
2. The organizations that issue their stocks must provide relevant information when the major stockholder, the corporations, and state-owned general companies make dossiers of application for offering their stocks to the public.
3. The information in the application for public offering of securities must be accurate and contain all the essential information, must not cause confusion that affect the investors’ decisions.
Chapter II
THE DOSSIER OF APPLICATION FOR OFFERING SECURITIES TO THE PUBLIC
Article 3. The dossier of application for public offering of stocks
The dossier of application for public offering of stocks includes:
1. The written application for public offering of stocks according to the form in Annex 01A enclosed with this Circular;
2. The prospectus according to the form in Annex 02A enclosed with this Circular, comprising:
a) The brief information about the issuer, including: the organizational structure, the business line, the assets, the financial condition, the Board of Directors or the Member assembly or the company’s owner, the Director or General Director, Deputy Director or Deputy General Director, and the structure of stockholders (if any);
