- 1Law no. 59/2005/QH11 of November 29, 2005 on investment
- 2Law no. 60/2005/QH11 of November 29, 2005 on enterprises
- 3Decree of Government No.108/2006/ND-CP of September 22, 2006 detailing and guiding the implementation of a number of articles of The Investment Law
- 4Decree of Government No.139/2007/ND-CP of September 05, 2007 providing detailed guidelines for implementation of a number of articles of The Law on Enterprises
- 5Law No.70/2006/QH11 of June 29, 2006 on securities
THE PRIME MINISTER | SOCIALIST REPUBLIC OF VIET NAM |
No. 55/2009/QD-TTg | Hanoi, April 15, 2009 |
DECISION
ON HOLDING RATES OF FOREIGN INVESTORS ON THE VIETNAMESE SECURITIES MARKET
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Enterprises;
Pursuant to the November 29, 2005 Law on Investment;
Pursuant to the June 29, 2006 Law on Securities;
Pursuant to the Government's Decree No. 139/ 2007/ND-CP of September 5, 2007, guiding in detail a number of articles of the Law on Enterprises;
Pursuant to the Government's Decree No. 108/ 2006/ND-CP of September 22,2006, detailing and guiding a number of articles of the Law on Investment;
At the proposal of the Minister of Finance,
DECIDES:
Article 1. In this Decision, foreign investors include the following institutions and individuals:
1. Institutions established and operating under foreign laws and their overseas and Vietnam-based subsidiaries.
2. Institutions established and operating in Vietnam with foreign capital contributions accounting for more than 49%.
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4. Foreign individuals who do not bear the Vietnamese nationality and reside overseas or in Vietnam.
Article 2. Foreign investors that purchase and sell securities on the Vietnamese securities market are allowed to hold:
1. For stocks: up to 49% of total number of stocks of a public joint-stock company.
In case it is otherwise provided for by specialized laws, provisions of these laws will apply. In case the foreign holding rates are classified according to the list of specific occupations and business lines, this classification list will apply.
2. For public investment fund certificates: up to 49% of total number of investment fund certificates of a public securities investment fund.
3. For public securities investment companies: Up to 49% of charter capital of a public securities investment company.
4. For bonds: Issuing institutions may set holding limits applicable to foreign holders of their outstanding bonds.
Article 3. Foreign securities trading institutions may participate in founding Vietnam-based securities companies or fund management companies as follows:
1. Only foreign securities trading institutions may pool capital to found or purchase shares from securities companies with a maximum foreign holding rate of 49% of charter capital of these companies.
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Article 4. This Decision takes effect on June 1, 2009, and replaces the Prime Minister's Decision No. 238/2005/QD-TTg of September 29. 2005. In case of implementing Article 1 of this Decision, foreign investors hold securities at a rate higher than that specified in Article 2, they may keep their current holding rate unchanged and may only sell securities whenever they wish to trade in securities.
Article 5. The Minister of Finance shall guide the implementation of this Decision. Ministers, heads of ministerial-level agencies and government-attached agencies, presidents of provincial-level People's Committees, chairpersons of boards of directors, directors general of state economic groups and corporations 91, and concerned institutions and individuals shall implement this Decision.
PRIME MINISTER
Nguyen Tan Dung
- 1Decree No. 60/2015/ND-CP date June 26, 2015, amending Decree No. 58/2012/ND-CP on providing specific provisions for the implementation of certain articles of the Law on securities and the Law on amending and supplementing a number of articles of the law on securities
- 2Decree No. 60/2015/ND-CP date June 26, 2015, amending Decree No. 58/2012/ND-CP on providing specific provisions for the implementation of certain articles of the Law on securities and the Law on amending and supplementing a number of articles of the law on securities
- 1Circular No. 123/2015/TT-BTC dated August 19, 2015, providing guidance on foreign investment activities on Vietnam’s securities market
- 2Circular No. 213/2012/TT-BTC of December 06, 2012, guiding operation of foreign investors on Vietnamese securities market
- 3Decree of Government No.139/2007/ND-CP of September 05, 2007 providing detailed guidelines for implementation of a number of articles of The Law on Enterprises
- 4Decree of Government No.108/2006/ND-CP of September 22, 2006 detailing and guiding the implementation of a number of articles of The Investment Law
- 5Law No.70/2006/QH11 of June 29, 2006 on securities
- 6Law no. 59/2005/QH11 of November 29, 2005 on investment
- 7Law no. 60/2005/QH11 of November 29, 2005 on enterprises
Decision No. 55/2009/QD-TTg of April 15, 2009, on holding rates of foreign investors on the Vietnamese securities market
- Số hiệu: 55/2009/QD-TTg
- Loại văn bản: Quyết định
- Ngày ban hành: 15/04/2009
- Nơi ban hành: Thủ tướng Chính phủ
- Người ký: Nguyễn Tấn Dũng
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 01/06/2009
- Ngày hết hiệu lực: 01/09/2015
- Tình trạng hiệu lực: Hết hiệu lực