- 1Law No. 32/2001/QH10 of December 25, 2001 on organization of the Government
- 2Decision No. 36/2003/QD-TTg of March 11, 2003, promulgating the regulation on contribution of capital to, and purchase of equities from, Vietnamese enterprises by foreign investors
- 3Decree No. 38/2003/ND-CP of April 15, 2003, on transforming a number of foreign-invested enterprises to operate in the form of joint-stock company
- 4Decree No. 187/2004/ND-CP of November 16th, 2004, on conversion of state owned companies into shareholding companies.
- 5Decree No. 144/2003/ND-CP of November 28th, 2003, on securities and securities markets.
THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No. 238/2005/QD-TTg | Hanoi, September 29, 2005 |
DECISION
ON PERCENTAGE OF PARTICIPATION OF FOREIGN PARTIES IN SECURITIES MARKET OF VIETNAM
THE PRIME MINISTER
Pursuant to the Law on the Organization of the Government dated 25 December 2001;
Pursuant to Decree 144/2003/ND-CP of the Government dated 28 November 2003 on Securities and Securities Market;
Pursuant to Decree 187/2004/ND-CP of the Government dated 16 November 2004 on Conversion of State Owned Capital into Shareholding Companies;
Pursuant to Decree 38/2003/ND-CP of the Government dated 15 April 2003 on Conversion of a Number of Foreign Invested Enterprises into Shareholding Companies;
Pursuant to Decision 36/2003/QD-TTg of the Prime Minister dated 11 March 2003 issuing Regulations on Capital Contribution and Purchase of Shares by Foreign Investors in Vietnamese Enterprises;
On the proposal of the Minister of Finance;
DECIDES:
Article 1. Foreign organizations and individuals selling and purchasing securities on the securities market of Vietnam may hold:
(a) A maximum of 49% of the total shares listed or registered for trading by any one organization which has been listed or has registered for trading in the Securities Trading Centre. With respect to listed organizations or organizations which have registered for trading being foreign invested enterprises which have been converted into operating in the form of a shareholding company in accordance with Decree 38/2003/ND-CP dated 15 April 2003, the total listed shares shall be the quantity of shares issued to the public in accordance with the plan approved by the competent body.
(b) A maximum of 49% of the total investment fund certificates which have been listed or registered for trading of a securities investment fund.
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Article 2. Foreign securities trading organizations may make capital contribution, purchase shares or make capital contribution to a joint venture for establishment of a securities company or a company for management of securities investment fund at the maximum rate of 49% of the charter capital.
Article 3. Where an international treaty to which the Government of Vietnam is a signatory or participant provides otherwise, the international treaty shall apply.
Article 4.
This Decision shall replace Decision 146/2003/QD-TTg of the Prime Minister dated 17 July 2003 and shall be of full force and effect after fifteen (15) days from the date of publication in the Official Gazette.
Article 5. The Minister of Finance shall provide guidelines for implementation of this Decision. Ministers, heads of ministerial equivalent bodies and Government bodies, chairmen of people's committees of provinces and cities under central authority, chairmen of boards of management and general directors of the State corporations, and relevant organizations and individuals shall be responsible for implementation of this Decision.
The Prime Minister
PHAN VAN KHAI
- 1Circular No. 121/2003/TT-BTC of December 12, 2003, on percentage of participation of foreign parties in the securities market of Vietnam providing guidelines on Decision 146/2003/QD-TTg of The Prime Minister of the Government dated 17 July 2003.
- 2Decision No. 139/1999/QD-TTg of June 10, 1999, on the rates of foreign parties’ participation in Vietnam’s securities market
- 1Circular No.90/2005/TT-BTC, promulgated by the Ministry of Finance, guidling the implementation of the Decision No. 238/2005/QD-TTG of Prime Minister dated 29 September 2005 on the percentage of participation of foreign parties in Vietnam securities market.
- 2Decree No. 187/2004/ND-CP of November 16th, 2004, on conversion of state owned companies into shareholding companies.
- 3Decree No. 144/2003/ND-CP of November 28th, 2003, on securities and securities markets.
- 4Decree No. 38/2003/ND-CP of April 15, 2003, on transforming a number of foreign-invested enterprises to operate in the form of joint-stock company
- 5Decision No. 36/2003/QD-TTg of March 11, 2003, promulgating the regulation on contribution of capital to, and purchase of equities from, Vietnamese enterprises by foreign investors
- 6Law No. 32/2001/QH10 of December 25, 2001 on organization of the Government
Decision No. 238/2005/QD-TTg of September 29, 2005, on percentage of participation of foreign parties in securities market of Vietnam.
- Số hiệu: 238/2005/QD-TTg
- Loại văn bản: Quyết định
- Ngày ban hành: 29/09/2005
- Nơi ban hành: Thủ tướng Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 23/10/2005
- Ngày hết hiệu lực: 01/06/2009
- Tình trạng hiệu lực: Hết hiệu lực