THE GOVERNMENT
Decree No. 60/2015/ND-CP dated June 26, 2015 of the Government amending and supplementing a number of articles of the Decree No. 58/2012/ND-CP dated July 20, 2012 of the Government stipulating in detail and guiding the implementation of a number of articles of the securities Law and the law amending and supplementing a number of articles of securities Law
Pursuant to the Law on Government Organization dated December 25, 2001;
Pursuant to the Law on Enterprise dated November 26, 2014;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to the Law on Securities dated June 29, 2006; the Law on Amending, Supplementing certain articles of the Law on Securities dated November 24, 2010;
After considering the request made by the Minister of Finance,
The Government hereby promulgates the Decree on amending and supplementing a number of articles of the Decree No. 58/2012/ND-CP dated July 20, 2012 of the Government stipulating in detail and guiding the implementation of a number of articles of the securities Law and the law amending and supplementing a number of articles of securities Law.
Article 1. To amend and supplement a number of articles of the Decree No. 58/2012/ND-CP dated July 20, 2012 of the Government stipulating in detail and guiding the implementation of a number of articles of the securities Law and the law amending and supplementing a number of articles of securities Law as follows:
1. To amend Clause 2, Clause 13 in Article 2 and add Clause 20, 21, 22, 23 and 24 to Article 2 as follows:
“2. Issuing stocks for swap refers to the additional issuance of stocks and use them to swap for stocks, contributed capital in other enterprises or debts issued by an organization to the creditor.”
13. Rate of foreign ownership refers to the total rate of voting stocks and contributed capital amounts owned by all of foreign investors and economic organizations of which more than 51% of the charter capital in a public company, securities trading organization or securities investment fund is held by foreign investors.
20. Upcom system refers to the venue where stocks of unlisted public companies, or shares of state-owned enterprises equitized in the form of a public securities offering, are exchanged.
21. Foreign investors are composed of:
a) Individuals holding foreign nationality;
b) Organizations established under the foreign legislation and carrying out investment and business operations in Vietnam.
22. Securities trading organizations comprise securities companies and fund management companies.
23. Covered warrant refers to an asset-backed security issued by a securities company to allow the holder to buy (call covered warrant) or sell (put covered warrant) underlying stocks from and to that issuing company at a specified price on or before a pre-determined date, or gain the net profit generated from the differential between the strike price and the market price of the underlying asset at the time of exercise.
