What is charter capital of Vietnam Securities Depository and Clearing Corporation according to the latest regulations?

What is the charter capital of Vietnam Securities Depository and Clearing Corporation according to the latest regulations? What tasks does the Vietnam Securities Depository and Clearing Corporation have to perform? What are regulations on charter of organization and operation of Vietnam Securities Depository and Clearing Corporation? 

Please advise.

What is charter capital of Vietnam Securities Depository and Clearing Corporation according to the latest regulations?

Pursuant to Article 3 of Decision 26/2022/QD-TTg, there are regulations on charter capital of Vietnam Securities Depository and Clearing Corporation as follows:

1. The charter capital of the Vietnam Securities Depository and Clearing Corporation is VND 1,000 billion, which is determined by the equity of the Vietnam Securities Depository Center according to the audited financial statements. paid before the date on which the Vietnam Securities Depository and Clearing Corporation is granted the Certificate of Business Registration.

2. The adjustment of charter capital of Vietnam Securities Depository and Clearing Corporation shall comply with the law on management and use of state capital invested in production and business in enterprises.

According to this Article, the charter capital of the Vietnam Securities Depository and Clearing Corporation is VND 1,000 billion.

What tasks does the Vietnam Securities Depository and Clearing Corporation have to perform?

According to Clause 2, Article 2 of Decision 26/2022/QD-TTg, tasks of Vietnam Securities Depository and Clearing Corporation are as follows:

2. Vietnam Securities Depository and Clearing Corporation has the following main tasks:

a) Formulate and organize the implementation of strategies, plans for investment and development, 5-year production and business plans and annual production and business plans after being approved by competent authorities according to regulations.

b) To promulgate regulations on securities registration, depository, clearing and settlement, member regulations of Vietnam Securities Depository and Clearing Corporation and other professional regulations after being approved by the Securities Trading Commission. approved by the State Securities Commission; building operating procedures and risk management for each business.

c) Providing securities registration, depository, clearing and settlement services; register security interest for securities that have been centrally registered at the Vietnam Securities Depository and Clearing Corporation at the request of customers; providing other services specified in the Charter of the Vietnam Securities Depository and Clearing Corporation; issue domestic securities codes and international securities identification numbers for securities centrally registered at the Vietnam Securities Depository and Clearing Corporation; approve, change, cancel securities registration at the Vietnam Securities Depository and Clearing Corporation.

d) Providing information related to the ownership of securities by the holder of securities in a public company, the issuer at the request of the public company, the issuing organization and the competent authority. authority in accordance with the law.

dd) Approving and canceling the membership of Vietnam Securities Depository and Clearing Corporation; suspending securities depository activities of depository members, suspending clearing and settlement of securities transactions of clearing members; revoke the certificate of depository member and the certificate of clearing member.

e) Supervising the activities of registration, depository, clearing and settlement of securities transactions; supervise foreign investors' ownership ratio in accordance with the law on securities and securities market; supervise the compliance with obligations of members of the Vietnam Securities Depository and Clearing Corporation.

g) Ensuring the physical, technical and database bases for securities registration, depository, clearing and settlement activities. Take measures to protect the database and keep the original documents on registration, depository, clearing and settlement of securities in accordance with the law on accounting and statistics.

h) Confidentiality of information related to the customer's property; refuse to block, hold , extract assets, extract or copy information on securities ownership of customers without the consent of customers, except at the request of customers competent authority or request information from the auditor performing the audit of the financial statements of the Vietnam Securities Depository and Clearing Corporation, and the financial statements of the members in accordance with the law.

i) Coordinating in propagating and disseminating knowledge about securities and securities market to investors.

k) Provide information and coordinate with the Vietnam Stock Exchange and its subsidiaries in securities operations and competent authorities in investigation and prevention. and fight against violations of the law on securities and the securities market.

l ) Separately manage the client's assets, the client's assets from the assets of the Vietnam Securities Depository and Clearing Corporation; separately manage assets of payment support funds, clearing funds, and risk prevention funds in accordance with law; may use payment support sources in case a member of the Vietnam Securities Depository and Clearing Corporation is temporarily insolvent as prescribed by law.

m) Acting for the benefit of securities depositors and owners; Indemnify customers for damage in case of failure to perform their obligations, causing damage to the legitimate rights and interests of customers, except for force majeure cases.

n) Receive, manage and effectively use, preserve and develop State capital according to the financial mechanism for Vietnam Securities Depository and Clearing Corporation.

o) Report and recommend to the State Securities Commission on measures to respond to and remedy incidents, events and fluctuations affecting the securities registration, depository, clearing and settlement activities of the Vietnam Securities Depository and Clearing Corporation; violations by members of the Vietnam Securities Depository and Clearing Corporation.

p) Other duties as prescribed by law and the Charter of Vietnam Securities Depository and Clearing Corporation.

What are regulations on charter of organization and operation of Vietnam Securities Depository and Clearing Corporation? 

According to Article 5 of Decision 26/2022/QD-TTg stipulating the Charter of organization and operation as follows:

The Minister of Finance shall promulgate, amend and supplement the Charter on organization and operation of the Vietnam Securities Depository and Clearing Corporation at the request of the Members' Council of the Securities Depository and Clearing Corporation and the opinion of the Chairman of the State Securities Commission.

Best Regards!

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