THE MINISTRY OF FINANCE __________ No. 102/2021/TT-BTC | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ________________________ Hanoi, November 17, 2021 |
CIRCULAR
Prescribing prices of services in the field of securities applicable to securities trading organizations and commercial banks participating in the Vietnam’ securities market
_____________
Pursuant to the Law on Securities dated November 26, 2019;
Pursuant to the Law on Charges and Fees dated November 25, 2015;
Pursuant to the Law on Price dated June 20, 2012;
Pursuant to the Government's Decree No. 177/2013/ND-CP dated November 14, 2013 detailing and guiding a number of articles of the Law on Price and the Government's Decree No. 149/2016/ND-CP dated November 11, 2016, amending and supplementing a number of articles of the Decree No. 177/2013/ND-CP dated November 14, 2013;
Pursuant to the Government’s Decree No. 155/2020/ND-CP dated December 31, 2020 on detailing and guiding the implementation of a number of articles of the Law on Securities;
Pursuant to the Government’s Decree No. 158/2020/ND-CP dated December 31, 2020, on derivatives and the derivatives market;
Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the Director of Price Management Department; the Chairperson of the State Securities Commission;
The Minister of Finance promulgates the Circular prescribing prices of services in the field of securities applicable to securities trading organizations and commercial banks participating in the Vietnam’ securities market.
Article 1. Scope of regulation
This Circular defines the prices of services in the field of securities applicable to organizations providing services in the field of securities who participate in the Vietnam’ securities market.
Article 2. Subjects of application
1. Organizations providing services in the field of securities specified in this Circular include: securities trading organizations (securities companies, securities investment fund management companies, Vietnam-based branches of foreign securities companies, Vietnam-based branches of foreign fund management companies), commercial banks, foreign bank branches, service centers and enterprises of property auction as prescribed by the law regulations on property auction that participate in Vietnam’s securities market in accordance with the law regulations (hereinafter referred to as providers of services in the field of securities).
2. Organizations and individuals using services in the field of securities that are provided by the securities service providers as defined in Clause 1 of this Article.
3. Other relevant organizations and individuals.
Article 3. Prices of services in the field of securities
1. Service prices applied at providers of services in the field of securities are detailed in the Schedule of services prices issued together with this Circular.
Based on law regulations on price, relevant laws, maximum prices, and price frameworks specified in the Schedule of services prices promulgated together with this Circular, providers of services in the field of securities shall decide to determine specific prices in conformity with the actual service provision.
2. Prices of services in the field of securities as specified in this Circular are not subject to value-added tax according to the Law on Value-Added Tax and amending and supplementing documents (if any).
3. When collecting the service prices, providers of services in the field of securities shall use invoices in accordance with law regulations.
4. After fulfilling obligations to the state budget in accordance with law regulations, providers of services in the field of securities shall manage and use the remaining revenues from provision of services in accordance with law regulations.
5. Providers of services in the field of securities shall be entitled to decide the prices of their services other than services specified in the Schedule of prices and take responsibility for ensuring that prices of services they provide are in conformity with the actual service provision and in accordance with law regulations on price, securities and relevant law regulations.
6. Providers of services in the field of securities must post up and publicize the prices of services they provide, and comply with law regulations on price, securities and relevant guiding documents.
Article 4. Implementation provisions
1. This Circular takes effect on January 01, 2022 and replaces the Circular No. 128/2018/TT-BTC dated December 27, 2018 of the Minister of Finance defining prices of services in the field of securities applicable to securities trading organizations and commercial banks participating in the Vietnam’ securities market.
2. Contracts for provision of services in the field of securities that are signed before the effective date of this Circular shall continue complying with regulations in the Circular No. 128/2018/TT-BTC dated December 27, 2018 of the Minister of Finance defining prices of services in the field of securities applicable to securities trading organizations and commercial banks participating in the Vietnam’ securities market until such contracts are terminated.
Vietnamese
Circular 102/2021/TT-BTC DOC (Word)
Circular 102/2021/TT-BTC PDF (Original)
