Circular 47/2026/TT-BCT dossiers for establishment of commodity exchanges, reporting regime and data connection

CIRCULAR

Detailing regulations on dossiers of request for establishment of commodity exchanges, reporting regime and data connection in purchase and sale through the commodity exchanges
 

Pursuant to the Commercial Law dated June 14, 2005;

Pursuant to the Law on E-Transactions dated June 22, 2023;

Pursuant to the Government’s Decree No. 40/2025/ND-CP dated February 26, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 302/2026/ND-CP dated August 01, 2026, detailing a number of articles and measures for the implementation of the Commercial Law regarding purchase and sale on commodity exchanges;

The Minister of Industry and Trade hereby promulgates the Circular detailing regulations on dossiers of request for establishment of commodity exchanges, reporting regime and data connection in purchase and sale through the commodity exchanges.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular details Clause 4 Article 6 and Clause 2 Article 17 of the Government’s Decree No. 302/2026/ND-CP dated August 01, 2026, detailing a number of articles and measures for the implementation of the Commercial Law regarding purchase and sale on commodity exchanges, including:

a) Report describing the information technology system and documents supporting the satisfaction of the conditions for the information technology system in dossiers of request for establishment of commodity exchanges;

b) Contents of an explanatory scheme on the operation and organization model of the commodity exchange and solutions and a roadmap for listing commodities produced in Vietnam within a period of 05 years (hereinafter referred to as the Scheme);

c) Reporting regime; connection, provision and sharing of data in purchase and sale through commodity exchanges.

2. This Circular applies to:

a) Commodity exchanges established and operating in Vietnam;

b) Clearing centers;

c) Members of commodity exchanges, organizations providing services supporting transactions and clearing, and organizations and individuals related to commodity purchase and sale through commodity exchanges.

Article 2. Interpretation of terms

For the purposes of this Circular, these terms below shall be construed as follows:

1. Trade and market management platform means an information system managed and operated by the Ministry of Industry and Trade to receive, manage, store and exploit data serving state management of commodity purchase and sale through commodity exchanges.

2. Data connection means the connection, provision and sharing of data as specified in this Circular.

Chapter II

DOSSIERS OF REQUEST FOR ESTABLISHMENT OF COMMODITY EXCHANGES

Article 3. Report describing the information technology system and documents supporting the satisfaction of conditions for the information technology system

1. An enterprise requesting the establishment of a commodity exchange shall make a Report describing the information technology system, using the Form No. 01, Appendix I issued together with this Circular.

2. The Report describing the information technology system must contain at least the following contents:

a) The overall model of the information technology system serving transactions, clearing, data management, transaction supervision and connection with relevant entities in commodity purchase and sale through commodity exchanges;

b) The main operational subsystems of the system, including the electronic trading system, transaction supervision system, data management system, clearing system and relevant systems;

c) The plan for connection, exchange and sharing of data among the commodity exchange, clearing center, members of the commodity exchange and competent state management agencies;

d) The plan for ensuring cybersecurity, data protection, and management and control of access to the information technology system;

dd) The plan for data storage, data backup, system redundancy and operational resumption upon occurrence of incidents;

e) The capability to provide, connect and share data to serve the Ministry of Industry and Trade's management and supervision in accordance with law regulations.

3. Documents accompanying the Report describing the information technology system include:

a) The overall architecture diagram of the information technology system;

b) Documents describing the main operational functions of the system;

c) Documents describing methods of connection and sharing of data with the clearing center, members of the commodity exchange and competent state management agencies;

d) Documents proving the application of measures to ensure cybersecurity, data protection and access control of the information technology system;

dd) Documents describing the plan for data backup, system redundancy and operational recovery upon occurrence of incidents;

e) A system testing report or written record regarding performance, cybersecurity, data connectivity and operational recovery capability after incidents (if any).

4. The Report describing the information technology system and accompanying documents must be signed for certification by the at-law representative or lawfully authorized person of the enterprise, who shall be responsible for the accuracy, completeness and truthfulness of the contents provided.

Article 4. Requirements for the Scheme

1. An enterprise requesting the establishment of a commodity exchange shall develop the Scheme, made according to the Form No. 02 in Appendix II issued together with this Circular.

2. The Scheme must fully contain the contents specified in Clause 3 Article 6 of Decree No. 302/2026/ND-CP and clarify the following contents:

a) The organizational model, governance structure, methods of management and administration, and relationships of coordination among operational divisions during the operation;

b) The plan for organization and operation of transactions, clearing, risk management, information disclosure, data storage and ensuring of the continuous operation of the system;

c) The plan for coordination between the commodity exchange and the clearing center in organization of transactions, clearing, management of the deposit payment, risk management and handling of arising circumstances;

d) The roadmap and solutions for market development, membership development and promotion of the listing of commodities produced in Vietnam within 05 years from the issuance date of the License for establishment of the commodity exchange;

dd) The plan for personnel, training and conditions for ensuring of the organization and operation of the commodity exchange;

e) Other contents (if any) proving the feasibility, effectiveness and capability to satisfy the operation conditions in accordance with law regulations.

3. The Scheme and accompanying documents must be signed for certification by the at-law representative or lawfully authorized person of the enterprise, who shall bear legal responsibility for the accuracy, completeness and truthfulness of the information and documents provided.

Chapter III

DATA CONNECTION, PROVISION AND SHARING

Article 5. Data connection, provision and sharing

1. Commodity exchanges and clearing centers shall connect, provide and share data with the Ministry of Industry and Trade in accordance with Decree No. 302/2026/ND-CP and this Circular.

2. The connection, provision and sharing of data shall be conducted through the trade and market management platform or by another method notified by the Ministry of Industry and Trade.

3. Connected, provided and shared data must be complete, accurate, timely and continuous, and comply with the laws on electronic transactions, cybersecurity, personal data protection and relevant laws.

4. Commodity exchanges and clearing centers shall bear legal responsibility for the completeness, accuracy, truthfulness and timeliness of connected, provided and shared data.

5. In case the connection, provision and sharing of data are interrupted due to technical incidents or other force majeure causes, commodity exchanges and clearing centers shall promptly notify it to the Ministry of Industry and Trade and take necessary measures to remedy the incidents, ensuring that connection, provision and sharing of data are carried out immediately after the system is restored.

6. Data to be connected, provided and shared by commodity exchanges and clearing centers are specified in Appendix III issued together with this Circular.

Article 6. Times and frequency of data provision

1. Data on trading orders, trading results, trading prices, trading volumes, trading positions, deposit payment obligations, settlement obligations and risk warnings shall be provided in real time.

2. Aggregated data on transactions, clearing, deposit payment and position management shall be provided after the end of a trading session and no later than the time before the commencement of the subsequent trading session.

3. Data on commodity delivery and receipt shall be provided after delivery and receipt results are available.

4. Data on members, listed commodities, contracts and relevant information shall be provided upon arising or change.

5. Data serving the periodic reporting regime shall be provided according to the reporting periods and time limits specified in Article 8 of this Circular.

6. In necessary cases, for the purpose of state management, commodity exchanges and clearing centers shall provide information and data at the request of the Ministry of Industry and Trade or competent state agencies.

Chapter IV

REPORTING REGIME

Article 7. Principles for implementation of the reporting regime

1. Commodity exchanges and clearing centers shall implement the periodic and ad hoc reporting regimes in accordance with this Circular.

2. Reports shall be sent to the Ministry of Industry and Trade through the trade and market management platform. In case reports cannot yet be sent through the trade and market management platform, they shall be sent by another method notified by the Ministry of Industry and Trade.

3. Periodic reports sent electronically as specified in Clause 2 of this Article must be digitally signed in accordance with the law on electronic transactions, except for reports prepared and sent directly on the trade and market management platform or submitted through automatic data connection with the platform.

4. Reports must be complete, truthful and accurate, and be submitted within the prescribed time limits.

5. Commodity exchanges and clearing centers shall bear legal responsibility for the contents of reports.

6. In case reports are sent by another method specified in Clause 2 of this Article, after the trade and market management platform is put into operation, commodity exchanges and clearing centers shall update their sent reports on the platform in accordance with this Circular.

Article 8. Periodic reporting

1. Commodity exchanges and clearing centers shall implement the periodic reporting regime according to the forms specified in Appendix IV issued together with this Circular.

2. Types of periodic reports include:

a) Weekly reports;

b) Monthly reports:

c) Quarterly reports;

d) Biannual reports;

dd) Annual reports.

3. The data reporting period for each type of periodic report shall be as follows:

a) For weekly reports: From the first trading session through the end of the last trading session of the reporting week;

b) For monthly reports: From the first trading session through the end of the last trading session of the reporting month;

c) For quarterly reports: From the first trading session through the end of the last trading session of the reporting quarter;

d) For biannual reports: From the first trading session of the year through the end of the last trading session of June of the reporting year;

dd) For annual reports: From the first trading session through the end of the last trading session of the reporting year.

For indicators reflecting data at a particular time, the data shall be determined at the end of the last day of the reporting period. For indicators reflecting trading activities, the data shall be aggregated from the first trading session through the end of the last trading session arising in the reporting period.

4. The time limits for submission of periodic reports shall be as follows:

a) For weekly reports: No later than 17:00 on Monday of the subsequent week;

b) For monthly reports: No later than the 10^th day of the subsequent month;

c) For quarterly reports: No later than the 10^th day of the first month of the subsequent quarter;

d) For biannual reports: No later than July 10 of the reporting year;

dd) For annual reports: No later than January 10 of the subsequent year.

5. In case the time limit for submission of a report falls on a day off prescribed by law regulations, the time limit for submission of the report shall be the subsequent working day.

6. The date of submission of a report shall be determined according to the time at which the trade and market management platform confirms the successful receipt of such report; or according to the postmark of the place from which the report is sent, in case of submission via postal services; or according to the date on which the report-receiving agency receives the report, in case of direct submission.

Article 9. Ad hoc reporting

1. Commodity exchanges and clearing centers shall make ad hoc reports in any of the following cases:

a) A technical incident occurs or there is a risk of affecting system safety, trading activities, clearing, or data connection and provision;

b) Abnormal market fluctuations pose a risk of affecting the stability, publicity and transparency of commodity purchase and sale through commodity exchanges;

c) Signs of violations of law or risks significantly affecting market operations are detected;

d) A risk of destabilization of the commodity trading market, affecting economic-financial security, social order and safety, or signs of serious violations of law related to trading activities as specified in Clause 1 Article 33 of Decree No. 302/2026/ND-CP arise;

dd) Other cases as requested by the Ministry of Industry and Trade or competent state agencies.

2. An ad hoc report must clearly state the details of the matter, the time of occurrence or detection, the scope and extent of impact, initial causes, the operating status of the system, measures already taken, and recommendations and proposals (if any). For the case specified at Point d Clause 1 of this Article, the report must contain necessary information and data for the Ministry of Industry and Trade to consider applying one or more emergency measures specified in Clause 1 Article 33 of Decree No. 302/2026/ND-CP.

3. Ad hoc reports shall be sent to the Ministry of Industry and Trade through the trade and market management platform or by another method notified by the Ministry of Industry and Trade.

4. For the cases specified at Points a, b, c and d Clause 1 of this Article, commodity exchanges and clearing centers shall promptly notify them to the Ministry of Industry and Trade, concurrently send initial reports upon detection of the matters, and update information until the matters are handled. For other cases, the time limits for submission of ad hoc reports shall comply with the request of the Ministry of Industry and Trade or competent state agencies.

CHAPTER V

ORGANIZATION OF IMPLEMENTATION

Article 10. Responsibilities of units under the Ministry of Industry and Trade

1. The Agency for Domestic Market Surveillance and Development shall:

a) Act as the focal point in assisting the Minister of Industry and Trade in organizing the implementation of this Circular;

b) Assume the prime responsibility for receiving, consolidating and appraising dossiers of request for establishment of commodity exchanges in accordance with law regulations;

c) Assume the prime responsibility for establishing, managing and operating the trade and market management platform; receive, manage and exploit data and reports serving state management of commodity purchase and sale through commodity exchanges;

d) Guide, monitor and inspect the implementation of the reporting regime and the connection, provision and sharing of data as specified in this Circular;

dd) Assume the prime responsibility for, and coordinate with relevant agencies and units in, handling matters arising during the implementation of this Circular.

2. Units under the Ministry of Industry and Trade shall, within the ambit of their assigned functions, tasks and powers, coordinate with the Agency for Domestic Market Surveillance and Development in organizing the implementation of this Circular.

Article 11. Responsibilities of commodity exchanges and clearing centers

1. Implement the reporting regime and connect, provide and share data as specified in this Circular.

2. Ensure the completeness, accuracy, truthfulness and timeliness of data and reports provided to the Ministry of Industry and Trade.

3. Maintain the necessary conditions for connection, provision and sharing of data as specified in this Circular.

4. Retain dossiers, data and reports in accordance with law regulations.

5. Coordinate with the Ministry of Industry and Trade and competent state agencies during the implementation of this Circular.

Article 12. Effect

1. This Circular takes effect on September 15, 2026.

2. This Circular replaces Circular No. 38/2013/TT-BCT dated December 30, 2013 of the Minister of Industry and Trade prescribing technological solutions and technical requirements in commodity purchase and sale through commodity exchanges.

3. Commodity exchanges and clearing centers operating before the effective date of this Circular shall implement the reporting regime in accordance with this Circular and complete the connection, provision and sharing of data within 12 months from the date on which the Ministry of Industry and Trade notifies them of the readiness of the trade and market management platform for connection. Pending completion of the connection, reporting and provision and sharing of data shall be carried out by the method notified by the Ministry of Industry and Trade.

Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Industry and Trade for guidance or consideration and handling within its competence./.

* All Appendices are not translated herein.