What are regulations on eligibility requirements to be satisfied for registration and maintenance of a market maker status in Vietnam?

What are regulations on eligibility requirements to be satisfied for registration and maintenance of a market maker status in Vietnam?

Pursuant to Clause 1 Article 26 of the Decree 95/2018/NĐ-CP stipulating eligibility requirements to be satisfied when applying for registration as a market maker in Vietnam as follows:

a) The applicant must be a commercial bank or a securities company which is duly established and operates under the law of Vietnam;

b) Its owner’s equity reported on duly audited financial statements of 03 years preceding the year in which application for registration as a market maker is submitted must be not lower than the minimum charter capital prescribed by relevant laws;

c) It has operated for at least 03 years. If it is an acquiring enterprise or an enterprise formed from full or partial division or consolidation, its operating period shall include the operating period before the acquisition, full or partial division or consolidation.

d) It has purchased and traded government debt instruments on the primary and secondary market with the quantity prescribed by Ministry of Finance in each period.

Pursuant to Clause 4 Article 26 of the Decree 95/2018/NĐ-CP stipulating requirements to be satisfied for maintaining a market maker status in Vietnam as follows:

a) The market maker must maintain its satisfaction of the requirements specified in Clause 1 of this Article.

b) It must fulfill obligations of a market maker specified in Clause 2 Article 27 herein.

What documents are included in the application for registration as a market maker in Vietnam?

Pursuant to Clause 2 Article 26 of the Decree 95/2018/NĐ-CP stipulating the application for registration as a market maker in Vietnam as follows:

a) The application form for registration as a market maker using the Form No. 01 stated in the Appendix enclosed herewith.

b) The copy of business registration certificate.

c) Financial statements, which have been duly audited by an independent audit firm operating under the law of Vietnam, of 03 years preceding the year in which application for registration as a market maker.

d) The report on transactions conducted on primary and secondary market made according to the Form No. 02 stated in the Appendix enclosed herewith.

What are procedures for accreditation of a market maker and process of evaluating the maintenance of eligibility by a market maker in Vietnam?

Pursuant to Clause 3 Article 26 of the Decree 95/2018/NĐ-CP stipulating procedures for accreditation of a market maker in Vietnam as follows:

a) Within the period from November 01 to November 10 every year, any institution that satisfies eligibility requirements for registration as a market maker and wishes to become a market maker shall submit an application, which includes the documents prescribed in Clause 2 of this Article, to the Ministry of Finance.

b) Within 05 working days from the receipt of the application, the Ministry of Finance shall consider and verify the adequacy and legality of the received application, and request the application in writing to supplement the application (if any).

c) Upon the receipt of a satisfactory application and based on the applicant’s satisfaction of the requirements specified in Clause 1 of this Article, the Ministry of Finance shall select and announce the list of qualified market makers by December 31 every year. If an application is refused, the Ministry of Finance shall send a written notification, which indicates reasons for refusal, to the applicant.

Pursuant to Clause 5 Article 26 of the Decree 95/2018/NĐ-CP stipulating process of evaluating the maintenance of eligibility by a market maker in Vietnam as follows:

a) Within the period from November 01 to November 10 every year, the market maker shall submit a report, which is made according to the Form No. 03 stated in the Appendix enclosed herewith, on its operating results on the market for the reporting period from November 01 of the previous year to October 31 of the current year, to the Ministry of Finance.

b) Based on the market maker’s report and the Ministry of Finance’s database, the Ministry of Finance shall evaluate the maintenance of eligibility by the market maker and announce evaluation results by December 31 every year. If a market maker fails to satisfy eligibility requirements, the Ministry of Finance shall send a written notification, which indicates reasons for refusal, to that market maker.

How shall market makers in Vietnam be ranked?

Pursuant to Clause 6 Article 26 of the Decree 95/2018/NĐ-CP stipulating ranking of market makers in Vietnam as follows:

a) Based on a market maker’s operating results on the primary and secondary market, and the proportion of each evaluation criterion in each period, the Ministry of Finance shall annually evaluate and announce that market maker’s rank.

b) Based on the market developments, the Ministry of Finance shall use the ranking results to allow a market maker to maintain its status.

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