Decision 01/2009/QD-TTg on the Establishment of the Hanoi Stock Exchange

PRIME MINISTER

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No. 01/2009/QD-TTg

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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Hanoi, January 02, 2009

DECISION

On the Establishment of the Hanoi Stock Exchange

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PRIME MINISTER

Pursuant to the Law on the Organization of the Government dated December 25, 2001;

Pursuant to the Securities Law No. 70/2006/QH11 dated June 29, 2006;

Pursuant to the Enterprise Law No. 60/2005/QH11 dated November 29, 2005;

Considering the proposal of the Minister of Finance,

DECIDES:

Article 1.

Establish the Hanoi Stock Exchange based on the conversion and reorganization of the Hanoi Securities Trading Center (established according to Decision No. 127/1998/QD-TTg dated July 11, 1998), a revenue-generating public service unit, to operate under the model of a single-member limited liability company owned by the State.

• Full name: Hanoi Stock Exchange.

• International trading name: Hanoi Stock Exchange.

• Abbreviation: HNX.

Article 2.

The Hanoi Stock Exchange has the duty to organize the securities trading market for securities of issuing organizations that meet the listing conditions stipulated in Article 9 of Decree No. 14/2007/ND-CP dated January 19, 2007 of the Government detailing the implementation of some articles of the Securities Law.

Article 3.

The Hanoi Stock Exchange has legal person status, has its own seal; is allowed to open accounts in Vietnamese Dong and foreign currencies at the State Treasury and domestic and foreign commercial banks; is an independent accounting unit, financially autonomous, and implements financial regimes, statistical reporting, accounting, auditing, and financial obligations according to the provisions of the law.

Article 4.

The Hanoi Stock Exchange inherits all rights and obligations of the Hanoi Securities Trading Center and exercises rights and obligations stipulated in the Securities Law, the Enterprise Law, the Charter of Organization and Operation of the Hanoi Stock Exchange, and other relevant legal provisions.

Article 5.

Operating capital of the Hanoi Stock Exchange:

1. Charter capital: 1,000 billion VND, including:

a) State budget capital allocated to the Hanoi Securities Trading Center transferred over.

b) Additional state budget capital during the operation process.

2. Self-supplemented capital from after-tax profits and other legal capital sources.

3. Other legal borrowing and mobilized capital sources for investing in technical infrastructure development.

Article 6.

Organizational structure and operation:

1. The management and executive body of the Hanoi Stock Exchange includes the Board of Directors, General Director, Supervisory Board, and specialized departments.

2. The Hanoi Stock Exchange applies the bonus system; its officials apply salary grading according to the level of General Corporations.

3. The organizational structure and operation of the Hanoi Stock Exchange are specifically stipulated in the Charter of Organization and Operation of the Hanoi Stock Exchange.

Article 7.

Responsibilities of agencies:

1. Ministry of Finance

a) Approve the Charter of Organization and Operation of the Hanoi Stock Exchange; issue financial mechanisms; approve the positions of Chairman and members of the Board of Directors, and the General Director of the Hanoi Stock Exchange upon the proposal of the Board of Directors, after receiving opinions from the Chairman of the State Securities Commission.

b) Coordinate with relevant Ministries and sectors to guide the implementation of this Decision.

c) The State Securities Commission implements the issuance of business registration certificates, management, and supervision of the activities of the Hanoi Stock Exchange.

2. Ministry of Labor, War Invalids and Social Affairs coordinates with the Ministry of Finance to guide the Hanoi Stock Exchange in implementing salary grading and bonus systems according to current regulations.

3. The Board of Directors and General Director of the Hanoi Stock Exchange are responsible for organizing the activities of the Hanoi Stock Exchange in strict accordance with the provisions of the law.

Article 8.

This Decision takes effect 15 days after publication in the Official Gazette and replaces Decision No. 127/1998/QD-TTg dated July 11, 1998 on the establishment of the Securities Trading Center.

Article 9.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of People's Committees of provinces and centrally run cities related to this matter are responsible for the implementation of this Decision.

Where received:

• Central Secretariat of the Communist Party of Vietnam;

• Prime Minister, Deputy Prime Ministers;

• Ministries, ministerial-level agencies, agencies under the Government;

• Central Steering Committee for Anti-Corruption;

• Provincial and centrally run city People's Councils and People's Committees;

• Central Office and Departments of the Party;

• Office of the President;

• National Assembly's Ethnic Council and Committees;

• National Assembly Office;

• Supreme People's Court;

• Supreme People's Procuracy;

• State Audit Office;

• National Financial Supervisory Committee;

• Social Policy Bank;

• Vietnam Development Bank;

• Central Committee of the Vietnam Fatherland Front;

• Central agencies of mass organizations;

• State-owned Economic Groups, General Corporations;

• Prime Minister's Office: Central Office, Deputy Offices, Electronic Portal,
  Departments, Bureaus, subordinate units, Official Gazette;

• Filed: Correspondence, General Administration (5 copies).

PRIME MINISTER

(Signed)

Nguyen Tan Dung