Circular No. 27/2010/TT-BTC of February 26, 2010, prescribing rates and the collection, remittance, management and use of charges for securities operations to be applied at the Stock exchanges and the Vietnam Securities Depository Center đã được thay thế bởi Circular 65/2016/TT-BTC rate regime collect pay manage use fees securities activities stock exchanges và được áp dụng kể từ ngày 10/06/2016.
Nội dung toàn văn Circular No. 27/2010/TT-BTC of February 26, 2010, prescribing rates and the collection, remittance, management and use of charges for securities operations to be applied at the Stock exchanges and the Vietnam Securities Depository Center
THE MINISTRY OF FINANCE | SOCIALIST REPUBLIC OF VIET NAM |
No. 27/2010/TT-BTC | Hanoi, February 26,2010 |
CIRCULAR
PRESCRIBING RATES AND THE COLLECTION, REMITTANCE, MANAGEMENT AND USE OF CHARGES FOR SECURITIES OPERATIONS TO BE APPLIED AT THE STOCK EXCHANGES AND THE VIETNAM SECURITIES DEPOSITORY CENTER
Pursuant to the Law on Securities;
Pursuant to the Ordinance on Charges and Fees;
Pursuant to the Ordinance on Prices;
Pursuant to the Government's Decree No. 14/2007/ND-CP of January 19, 2007, detailing a number of articles of the Law on Securities;
Pursuant to the Government's Decree No. 57/2002/ND-CP of June 3, 2002, and Decree No. 24/2006/ND-CP of March 6, 2006, detailing the implementation of the Ordinance on Charges and Fees;
Pursuant to the Government's Decree No. 75/2008/ND-CP amending and supplementing a number of articles of the Government's Decree No. 170/200/ND-CP of December 25, 2003, detailing a number of articles of the Ordinance on Prices;
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;
The Ministry of Finance prescribes rates and the collection, remittance, management and use of charges for securities operations to be applied at the Stock Exchanges and the Vietnam Securities Depository Center as follows:
Article 1. Subjects of application
1. Charges for securities operations prescribed
in this Circular shall be levied for jobs related to securities operations at the Stock Exchanges and the Vietnam Securities Depository Center.
2. Institutions authorized to collect charges for securities operations prescribed in this Circular include the Ho Chi Minh City Stock Exchange, the Hanoi Stock Exchange and the Vietnam Securities Depository Center.
Article 2. Charge payers
Charge payers are institutions and individuals that perform jobs related to professional operations of the securities trading market specified in the charge tariff attached to this Circular.
Article 3. Charge tariff
1. Securities charge rates to be applied at the Stock Exchanges and the Vietnam Securities Depository Center are specified in the charge tariff attached to this Circular.
2. The charge for initial listing registration shall be collected upon approval of securities listing and will not be collected in case of transfer of listing registrations between the Stock Exchanges.
3. The charge for trading member management and yearly due for depository membership shall be calculated for a year of full 12 months, counting from the first day of the month following the month of admission of a trading member or depository member.
For example: For institution A which registers to be a trading member or depository member from February 10, 2009, the charge for trading member management or the yearly due for depository membership shall be counted from March 1, 2009.
4. Securities companies performing online trading operations shall pay the charge for initial online connection as soon as they are admitted by the Stock Exchanges as online trading members.
5. The yearly maintenance charge shall be calculated for a year of full 12 months, counting from the first day of the month following the month of network connection.
For example: For institution B w hich registers for online trading from February 10, 2009. the connection charge shall be counted from March 1. 2009.
6. The charge for repo trading of government bonds shall be collected only once upon identification of initial transactions.
7. The charge for listing registration specified at Point 2 of the charge tariff attached to this Circular will not be levied on government bonds.
8. The charge for securities registration specified at Point 9 of the charge tariff attached to this Circular will not be levied on government bonds.
9. Trading value in cases of securities ownership transfer specified at Point 14 of the charge tariff attached to this Circular shall be determined as follows:
- For stocks currently listed or registered for trading: The trading value is the price indicated in the transfer contract but must not be lower than the stock quotation on the date of ownership assignment effected by the Vietnamese Securities Depository Center or a price approved by a competent state agency multiplied by the number of transferred stocks. In case of donation, presentation as a gift or inheritance or no transfer price indicated in the transfer contract, the trading value is the stock quotation on the date of ownership assignment effected by the Vietnamese Securities Depository Center multiplied by the number of transferred stocks.
- For unlisted stocks: The trading value is the stock par value multiplied by the number of transferred stocks.
- The charge for securities transfer specified at Point 14.1 of the charge tariff is applicable to both transferors and transferees.
- The charge for securities ownership assignment specified at Point 14.2 of the charge tariff is applicable only to ownership assignees.
Article 4. Charge collection, remittance, management and use
1. Securities charges prescribed in this Circular are not state budget revenues. Collecting units are obliged to pay tax under law for collected charge amounts and may manage and use collected charge amounts after tax payment under law.
2. Fifty percent of charge amounts collected for securities transfers as specified at Point 14.1 of the charge tariff attached to this Circular shall be divided to the Stock Exchanges.
3. Other regulations on charge collection, remittance, management and use, receipts and publicity of charge collection regulations comply with the Ministry of Finance's Circular No. 60/2007/TT-BTC of June 4.2007, guiding a number of articles of the Law on Tax Administration and the implementation of the Government's Decree No. 85/2007/ND-CP of May 25, 2007, detailing a number of articles of the Law on Tax Administration, and Circular No. 157/2009/TT-BTC of August 6, 2009, amending and supplementing Circular No. 60/2007/TT-BTC.
4. Charges for securities operations shall be collected in Vietnam dong.
5. In case the charge for government bond bidding is collected in a foreign currency, such foreign-currency charge shall be converted into Vietnam dong at the inter-bank exchange rate on the last day of each issuance. The charge for trading of government bonds denominated in a foreign currency shall be calculated in Vietnam dong at the inter-bank exchange rate announced by the State Bank of Vietnam on the trading day.
6. In case the charge for agency for payment of government bond principals and interests in a foreign currency, such foreign-currency charge shall be converted into Vietnam dong at the average exchange rate in the month when principals and interests are paid.
Article 5. Implementation provisions
1. This Circular takes effect 45 days from the date of its signing. To annul provisions on charges for securities operations of the Ministry of Finance's Circular No. 110/2002/TT-BTC of December 12, 2002, guiding the collection, remittance, management and use of charges and fees in banking, securities and insurance sectors; Circular No. 11/2006/TT-BTC of February 21, 2006. amending and supplementing Circular No. 110/2002/TT-BTC; and the Minister of Finance's Decision No. 1351/QD-BTC of June 13, 2008, on reduction of rates of the charge for stock or investment fund certificate trading, and the Ministry of Finance's guidance on the charge for issuance and trading of government bonds which are contrary to this Circular.
2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Finance for consideration and additional guidance.
| FOR THE MINISTER OF FINANCE |
TARIFF
OF SECURITIES OPERATION CHARGES TO BE APPLIED AT THE STOCK EXCHANGES AND THE VIETNAM SECURITIES DEPOSITORY CENTER
(Attached to Circular No. 27/2010/TT-BTC of February 26, 2010)
No | Charge | Rate | Payer |
I | Charges to be applied at the Stock Exchanges |
|
|
1 | Charge for trading member management |
|
|
1.1 | For securities companies | VND 20 million/year | Trading members |
1.2 | For commercial banks | VND 20 million/year | Trading members participating in the bond market |
2 | Charge for listing registration |
|
|
2.1 | For initial listing registration | VND 10 million/listed company | Institutions registering for listing |
2.2 | For additional listing registration | VND 5 million /additional listing | Listed institutions |
3 | Annual charge for listing management |
|
|
3.1 | For stocks (listed value according to par value) |
| Listed institutions |
a | For listed value of under VND 100 billion | VND 15 million |
|
b | For listed value of between VND 100 billion and under VND 500 billion | VND 20 million |
|
c | For listed value of VND 500 billion or more | VND 20 million plus 0.001% of listed value but not exceeding VND 50 million |
|
3.2 | For bonds and fund certificates (listed value according to par value) |
| Listed institutions; fund management companies having their public fund certificates listed |
a | For listed value of under VND 80 billion | VND 15 million |
|
b | For listed value of between VND 80 billion and 200 billion | VND 20 million |
|
c | For listed value of VND 200 billion or more | VND 20 million plus 0.001% of listed value but not exceeding VND 50 million |
|
4 | Trading charges |
| Trading members |
4.1 | For listed securities |
|
|
a | Stocks and investment fund certificates | 0.03% of traded value |
|
b | Bonds | 0.0075% of traded value |
|
4.2 | For unlisted securities (on UPCOM) |
|
|
a | Stocks | 0.02% of traded value |
|
b | Bonds | 0.0075% of traded value |
|
4.3 | For government bonds |
|
|
a | Charge for repo trading of bonds of a maturity of up to 2 weeks | 0.005% of traded value |
|
b | Charge for repo trading of bonds of a maturity of over 2 weeks | 0.0075%-of traded value |
|
c | Charge for outright trading | 0.0075% of traded value |
|
5 | Charge for online connection |
| Trading members |
5.1 | For initial connection | VND 150 million/member |
|
5.2 | For annual maintenance | VND 50 million/member |
|
6 | Charge for use of terminal equipment | VND 20 million/equipment/year | Trading members |
7 | Charge for government bond bidding | 0.15% of total bid-winning bond value | Institutional issuers |
II | Charges to be applied at the Securities Depository Center |
|
|
8 | Charge for depository member management | VND 40 million/year | Depository members |
9 | Charge for securities registration |
| Institutional issuers |
9.1 | Charge for initial securities registration |
|
|
a | For registered securities value of under VND 80 billion | VND 10 million |
|
b | For registered securities value of between VND 80 billion and under 200 billion | VND 15 million |
|
c | For registered securities value of VND 200 billion or more | VND 20 million |
|
9.2 | Charge for additional securities registration | VND 5 million/additional registration time |
|
10 | Charge for securities depository |
| Members of the Depository Center |
10.1 | For stocks and fund certificates | VND 0.5/stock or fund certificate/month |
|
10.2 | For bonds | VND 0.2/bond/month |
|
11 | Charge for securities account transfer |
|
|
11.1 | Charge for account transfer made by investors for account finalization | VND 0.5/securities unit/account transfer/securities symbol/(not exceeding VND 500,000 /time/securities symbol) |
|
11.2 | Charge for account transfer made for payment | VND 0.5/securities unit/account transfer/securities symbol (not exceeding VND 500,000/time/securities symbol) |
|
12 | Charge for right exercise |
| Institutional issuers |
12.1 | For less than 500 shareholders | VND 5 million/right exercise time |
|
12.2 | For between 500 and less than 1,000 shareholders | VND 10 million/right exercise time |
|
12.3 | For between 1,000 and 5,000 shareholders | VND 15 million/right exercise time |
|
12.4 | For more than 5,000 shareholders | VND 20 million/right exercise time |
|
13 | Charge for post-trading error correction | VND 500,000/error correction | Members of the Depository Center |
14 | Charge for securities ownership assignment not through the trading systems of the Stock Exchanges |
| Members of the Depository Center |
14.1 | Securities transfer |
|
|
a | For founding shareholders during the period of transfer restriction under law | 0.1% of traded value |
|
b | Cases of transfer approved by competent state agencies | 0.1% of traded value |
|
14.2 | Securities donation, presentation as gifts and inheritance, except for donation, presentation as gifts and inheritance between spouses, blood parents and children, adoptive parents and adopted children, parents-in-law and daughters-in-law or sons-in-law, grandparents and grandchildren or siblings | 0.1% of traded value | In case of inheritance of undeposited securities, heirs shall pay the charge to the Securities Depository Center through institutional issuers |
15 | Charge for agency for payment of government bond principals and interests | 0.1% of actually paid principal and interest amount | Institutional issuers |
