Requirements for providing online securities transaction services in Vietnam

On December 19, 2017, the Ministry of Finance of Vietnam issued Circular No. 134/2017/TT-BTC providing guidelines for e-transactions on securities market. According to this Circular, service requirements for providing online securities transaction services in Vietnam are specified as follows:

1. The Stock Exchange (SE) and Vietnam Securities Depository (VSD) shall:

- make and promulgate regulations on connection of online securities transaction system, procedures for breakdown handling, system backup and management of risks during online securities transactions in accordance with the Law on E-Transactions, Law on Cyberinformation Security, guiding documents and regulations of Circular No. 134/2017/TT-BTC of the Ministry of Finance of Vietnam;

- provide online securities transaction services in a public, equal, transparent, safe and effective manner for members using the same service.

2. Securities company providing online securities transaction services shall:

- directly provide online securities transaction services for investors;

- design a website with the domain name registered through Internet to provide online securities transaction services. Programs and applications used for online securities transaction shall be published or integrated on such website;

- issue procedures for carrying out online securities services, including: procedures for daily operation, supervision and management; procedures for registration and cancellation of online securities transaction; procedures for handling breakdowns; procedures for data and system backup; procedures for control of risks during provision of online securities transaction services for investors and other procedures in accordance with the Law on E-Transactions, Law on Cyberinformation Security, guiding documents and regulations of this Circular. Responsibilities of entities adopting the procedures shall be specified.

- provide personnel that have degrees or certificates of software administration, information system and security administration in order to manage and supervise operations of online securities transaction system to ensure continuity;

- put the provision and use of online securities transaction services by investors in a contract or clause of the contract for opening a securities transaction account, specifying methods of carrying out online securities transactions, risks incurred during online securities transactions, which are specified in Clause 1, Article 15 of Circular No. 134/2017/TT-BTC, responsibilities of each party for compensation for risks and other responsibilities related to online securities transactions;

- record information on investor’s transaction request in online securities transaction system. Such information shall be stored so that it may be retrieved by time, session, transaction results and investor’s account balance arising before and after the transaction;

- report results of execution of transaction order to the investor after the order is matched in online securities transaction system.

3. Asset management companies and fund certificate distributors that provide online securities transaction services shall comply with the requirements specified in Points a, b, c, dd, e and g, Clause 2, Article 5 of Circular No. 134/2017/TT-BTC.

Circular No. 134/2017/TT-BTC of the Ministry of Finance of Vietnam takes effect from March 01, 2018.

- Nguyen Trinh- 

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