Circular No. 213/2012/TT-BTC dated December 6, 2012 of the Ministry of Finance guiding activities of foreign investors on the Vietnamese securities market

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Circular No. 213/2012/TT-BTC dated December 6, 2012 of the Ministry of Finance guiding activities of foreign investors on the Vietnamese securities market
Issuing body: Ministry of FinanceEffective date:
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Official number:213/2012/TT-BTCSigner:Tran Xuan Ha
Type:CircularExpiry date:
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Issuing date:06/12/2012Effect status:
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Fields:Investment , Securities
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Effect status: Known

THE MINISTRY OF FINANCE

Circular No. 213/2012/TT-BTC of December 6, 2012, guiding activities of foreign investors on the Vietnamese securities market
Pursuant to the June 29, 2006 Law on Securities;
Pursuant to the November 29, 2005 Law on Enterprises;
Pursuant to the November 24, 2010 Law Amending and Supplementing a Number of Articles of the Law on Securities;
Pursuant to the Government’s Decree No. 58/2012/ND-CP of July 20, 2012, detailing and guiding a number of articles of the Law on Securities and the Law Amending and Supplementing a Number of Articles of the Law on Securities;
Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the Chairman of the State Securities Commission;
The Minister of Finance promulgates the Circular to guide activities of foreign investors on the Vietnamese securities market.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application 
1. This Circular guides activities of securities trading and investment of foreign investors on the Vietnamese securities market.
2. Investment activities of foreign investors not subject to this Circular include:
a/ Direct investment activities specified in Article 21 of the Law on Investment;
b/ Trading of shares of companies which are not public companies in accordance with the law on securities and securities market, capital contributions of limited liability companies.
3. This Circular applies to:
a/ Foreign investors defined in Clause 6, Article 2 of this Circular;
b/ Custodian banks, securities business institutions and other institutions and individuals involved in activities of foreign investors on the Vietnamese securities market.
Article 2. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Valid copy means a copy which is notarized or authenticated in accordance with Vietnamese law.

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