Template Contract for Opening a Derivatives Trading Account
Form No. 02 Appendix Issued together with Circular 58/2021/TT-BTC stipulates as follows:
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness -------------------
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DERIVATIVE SECURITIES TRADING ACCOUNT OPENING CONTRACT
The derivative securities trading account opening contract between the securities company and the customer must include at least the following contents:
1. Parties involved in the contract
- Name, address, phone number, establishment and operation license number of the securities company; Name, title, ID card/citizen identification card/passport number, power of attorney of the representative, legally authorized person of the securities company.
- Name, address, phone number, ID card/citizen identification card/passport number of individual customers; Name, address, business registration certificate of organizational customers; Name, title, ID card/citizen identification card/passport number, power of attorney of the representative, legally authorized person of organizational customers (if any).
2. Terms on specific agreements
a) Methods of receiving orders by the company;
b) Applicable derivative securities margin rate;
c) Agreement on interest rates on margin deposit balances at the bank;
d) Term, methods of handling assets in case the customer loses the ability to pay;
dd) Agreement on the time and method of converting from foreign currency to Vietnamese Dong in case of derivative securities trading in foreign currency.
e) Clearly state the risks arising in case the clearing member loses the ability to pay or is suspended, temporarily ceased operation, dissolved, or bankrupt.
3. Terms on rights and obligations of the parties involved
a) Rights and obligations of the customer (owning money, derivative securities, and other legitimate profits, rights, and interests associated with such money and derivative securities; providing information as requested by the company, paying transaction fees...);
b) Rights and obligations of the securities company (collecting transaction fees, carrying out other legal authorizations as agreed with the customer; maintaining, managing money, derivative securities for the customer, executing transactions, securing information, providing information as requested by the customer...);
c) Rights of the clearing member (using the investor's margin assets to margin for the Vietnam Securities Depository and Clearing Corporation for the investor's open position; having the right to close the position, using the investor's margin assets in case the investor loses the ability to pay...).
4. Terms on other agreements
a) Responsibilities for contract violations, clearly stating:
- Customers are compensated for damages if the company violates the obligations set forth in this Contract;
- Compensation levels: Specifically agreed upon by the parties or according to legal regulations.
b) Methods of handling the account in case the company is suspended, has its membership canceled, brokers' operations adjusted, dissolved, or has its establishment and operation license revoked;
c) Cases of premature termination of the contract;
d) Duration of the contract's validity;
dd) Dispute resolution;
Other agreements according to the parties' agreement in compliance with the law.
Sincerely!









