Provisions on the obligations of clearing members in derivative transactions in Vietnam

According to Clause 2, Article 31 of Decree 158/2020/ND-CP regulating the rights and obligations of clearing members in derivative transactions in Vietnam:

2. Obligations of a clearing member in Vietnam:

a) Act as a representative as authorized by clients, or act on behalf of clients, to fulfill their obligations towards VSDCC;

b) Make contributions to the clearing fund; provide sufficient and timely margins for VSDCC for its open positions and open positions of its clients; implement professional assistance measures according to VSDCC’s instructions in case the clearing member or its investor is insolvent or declared bankrupt;

c) Establish and maintain internal control system, risk management system and procedure for each business operation; establish and operate the account system to separately manage assets and trading positions of each investor and of investors from those of the clearing member;

d) Determine position-based gain or loss, and calculate margins and the value of margins for each trading account of investors; request investors to provide additional margins in a timely and adequate manner; refund the excess amount of margins as requested by investors; supervise and manage positions and margins of investors so as to ensure the compliance with regulations of law;

dd) Make compensation for investors in case the clearing member fails to fulfill its obligations as prescribed by law and thus causes damage to investors’ lawful interests. The level of compensation shall be agreed upon with the relevant investor;

e) Provide VSDCC with the copy of clearing and settlement entrustment contract; adequately retain original documents about clearing and settlement for derivative transactions; adequately, punctually and accurately provide information about open positions and margins of investors and other documents related to derivative trading, clearing and settlement at the request of VSDCC;

g) Fully and punctually pay service charges and other expenses to VSDCC as prescribed;

h) The clearing member whose membership is suspended or canceled shall transfer all margins and open positions of clients, and provide all necessary information about clients for the substitute clearing member, and continue fulfilling its obligations until completing the transfer of its rights and obligations to the substitute clearing member;

i) Disclose information and submit reports as prescribed; provide investors with adequate information about operations on their accounts, margin account balances and statements on a periodical basis or at their request.

Respectfully!