THE MINISTRY OF FINANCE
Circular No. 87/2013/TT-BTC of June 28, 2013, guiding e-transactions in the securities market
Pursuant to June 29, 2006 Law No. 70/2006/QH11 on Securities;
Pursuant to November 24, 2010 Law No. 62/2010/QH12 Amending and Supplementing a Number of Articles of the Law on Securities;
Pursuant to November 29, 2005 Law No. 51/2005/QH11 on E-Transactions;
Pursuant to June 29, 2006 Law No. 67/2006/QH11 on Information Technology;
Pursuant to the Government’s Decree No. 27/2007/ND-CP of February 23, 2007, on e-transactions in financial activities;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the Chairman of the State Securities Commission;
The Minister of Finance promulgates the Circular to guide e-transactions in the securities market as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular prescribes the principles and procedures for conducting e-transactions in online securities trading; exchange of e-information relating to public offering of securities, securities depository, listing, registration and trading; management of securities companies, fund management companies and securities investment companies; disclosure of information, and other activities relating to the securities market provided in June 29, 2006 Law No. 70/2006/QH11 on Securities and November 24, 2010 Law No. 62/2010/QH12 Amending and Supplementing a Number of Articles of the Law on Securities (below referred to as the Law on Securities).
Article 2. Subjects of regulation
Subjects of regulation include the State Securities Commission (SSC), the Stock Exchanges (SEs), Vietnam Securities Depository (VSD), issuing organizations, listing organizations, securities companies, fund management companies, securities investment companies, public companies, investors and other intermediary organizations that conduct securities trading and other activities in the securities market by electronic means.
Article 3. Interpretation of terms
1. E-transactions in the securities sector means transactions in service activities on securities and securities market which are conducted by electronic means. E-transactions in the securities sector include public offering of securities, securities depository, listing, registration and trading; management of securities companies, fund management companies and securities investment companies; disclosure of information, and other activities relating to the securities market provided in the Law on Securities.
2. E-document in the securities sector means a data message about securities operations which is created, sent, received and stored by electronic means in online securities trading; exchange of e-information relating to public offering of securities, securities depository, listing, registration and trading; management of securities companies, fund management companies and securities investment companies; disclosure of information, and other activities relating to the securities market provided in the Law on Securities.
3. E-order means a data message recording data included in an order placed at a certain time by a client via the online securities trading system (of the securities company at which the client opens his/her/its trading account) which is accessible only to the client through access and order-placing confirmation.
