| THE MINISTRY OF FINANCE -------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------------- |
| No. 52/2012/TT-BTC | Hanoi, April 5, 2012 |
CIRCULAR
GUIDING THE DISCLOSURE OF INFORMATION ON SECURITIES MARKET
Pursuant to the Law on Securities No. 70/2006/QH11 of June 29, 2006;
Pursuant to the Amended and supplemented law on Securities No. 62/2010/QH12 of November 24, 2010;
Pursuant to the Law on Enterprises of November 29, 2005;
Pursuant to the Government's Decree No. 118/2008/Nd-CP of November 27, 2008 defining functions, tasks and powers and the organizational structure of the Ministry of Finance;
The Ministry of Finance guides the disclosure of information on the securities market as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Subjects of information disclosure
Subjects of information disclosure include: public companies, issuing organizations (except for bond issue guaranteed by the Government), securities companies, fund management companies, the Stock Exchange (SE), the Securities Depository Center (SDC) and relevant individuals.
Article 2. Interpretation of terms
Apart from the terms defined in the Law on Securities and the Government’s Decrees, the terms in this Circular are construed as follows:
1. Public companies mean Joint stock companies as prescribed in clause 1 Article 25 of the Law on Securities.
2. Large-scale public companies mean public companies with the actual contributed charter capital being 120 billion VND or above determined under the Financial statement of the latest audited fiscal year or under the latest issue results and with the quantity of shareholders not fewer than 300 as from the date of closing the shareholder list in the SDC on December 31 every year under the list announced by of the State Securities Commission (SSC).
3. Internal shareholders mean members of the Board of Management, the Inspection Committee, the General Director/Director, the Deputy General Director/Deputy Director, the Financial Director, the Chief Accountant, the Accounting – Financial manager of the public company.
4. Internal investors of closed public funds (including closed funds, real estate investment funds) mean the investors holding the founder title, the membership of the Representative board of securities investment fund, members of the Board of Management, the Inspection Committee (if any), The Executive Board of fund management companies, the executives of the public investment funds.
5. Accredited audit organizations mean audit enterprises being accredited for auditing by the SSC under the conditions prescribed by the Ministry of Finance.
6. The outstanding voting stocks of public companies mean the company’s issued voting stocks minus the company’s fund stocks.
7. Organizations posting and registering transactions mean organizations having stocks posted and registered for the transaction with the SE.