| THE GOVERNMENT No. 42/2015/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, May 5, 2015 |
DECREE
On derivatives and the derivatives market [1]
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2014 Law on Enterprises;
Pursuant to the June 29, 2006 Law on Securities; and the November 24, 2010 Law Amending and Supplementing a Number of Articles of the Law on Securities;
At the proposal of the Minister of Finance,
The Government promulgates the Decree on derivatives and the derivatives market.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree provides derivatives and the derivatives market.
Article 2. Subjects of application
1. Vietnamese and foreign institutions and individuals investing in derivatives and operating on the derivatives market in Vietnam.
2. Other institutions and individuals involved in the investment and trading in derivatives and the derivatives market in Vietnam.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Derivatives means a type of securities referred to in the Law on Securities and the Law Amending and Supplementing a Number of Articles of the Law on Securities, including:
a/ Future, which is a listed derivative certifying the commitment between parties to conduct one of the following transactions:
- Buying or selling a specified underlying asset quantity at a specified price with payment occurring on a specified future date; or
- Paying the difference between the value of an underlying asset determined at the time the contract is entered into and the value of such asset on a specified future date.
b/ Option, which is a derivative certifying rights of the buyer and obligations of the seller to conduct one of the following transactions:
- Buying or selling a specified
[1] Công Báo Nos 551-552 (18/5/2015)
