Application for issuance of certificate of eligibility to trade derivatives in Vietnam

This is a notable content of the Decree No. 158/2020/NĐ-CP on derivatives and derivative market.

hồ sơ đề nghị cấp GCN đủ điều kiện kinh doanh chứng khoán phái sinh, Nghị định 158/2020/NĐ-CP

According to Article 5 of the Decree No. 158/2020/NĐ-CP of the Vietnam’s Government, an application for issuance of certificate of eligibility to trade derivatives consists of:

- The application form made using Form No. 01 in the Appendix enclosed herewith;

- The resolution of the General Meeting of Shareholders, Board of Members or the owner’s decision on conduct of derivative trading operations;

- The audited financial statements of the last 02 fiscal years and the latest reviewed mid-year financial statements (in case an application for certificate of eligibility to trade derivatives is submitted after June 30); the prudential ratio reports in the last 12 months;

- List of Director (General Director) and Deputy Director (Deputy General Director) in charge of specific operations and employees for each derivative trading operation which is prepared using Form No. 02 in the Appendix enclosed herewith, enclosed with their personal records. A personal record shall, inter alia, include: ID card or citizen’s identity card or passport, securities professional certificate, professional certificate in derivatives and derivative market, and employment contract;

- Internal control and risk management procedures for derivative trading operations.

Note: A full set of original application documents is required. If a copy of document is submitted, it must be a copy extracted from master register or a certified copy. The application shall be submitted to the State Securities Commission of Vietnam (SSC) directly, by post or through the online public service system as regulated by the Minister of Finance of Vietnam.

Concurrently, the documents mentioned above are not required if they have been sent to SSC in accordance with regulations on reporting and information disclosure.

More details at the Decree No. 158/2020/NĐ-CP of the Vietnam’s Government, effective from January 01, 2021.

Ty Na


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