Foreign investors and trading representatives of foreign investors in Vietnam must ensure that investment transactions on the Vietnamese stock market and transactions that are performed by related persons/groups of related foreign investors are not intended to create fake supply and demand, manipulate securities prices, and other prohibited trading acts as prescribed by law.

Recently, the Vietnamese Ministry of Finance has just issued Circular 51/2021/TT-BTC guiding the obligations of organizations and individuals in foreign investment activities on the Vietnamese stock market.

The Circular stipulates obligations in investment activities on the Vietnamese stock market. Specifically, foreign investors, trading representatives of foreign investors must ensure investment transactions on the Vietnamese stock market and transactions performed by related persons, groups of related foreign investors are not intended to create artificial supply and demand, manipulate securities prices and other prohibited trading acts as prescribed by law.

Obligations of foreign investors

Foreign investors and foreign depository certificate issuers shall be obliged to declare, pay and finalize taxes, fees, charges, and service prices related to securities activities in Vietnam according to the provisions of Vietnamese law.

In addition, foreign investors and groups of related foreign investors must fulfill the obligation to report ownership and disclose information about securities transactions according to the law on information disclosure on the stock market.

The Circular also clearly stipulates obligations in providing services to foreign investors. Accordingly, securities companies, securities investment fund management companies, branches of foreign fund management companies in Vietnam, economic organizations with foreign investors holding more than 50% of charter capital when providing services to foreign investors must ensure full compliance with legal regulations on securities and securities market.

Guidance for foreign investment in Vietnam

When providing services, participating in securities auctions as authorized by foreign investors, securities companies, securities investment fund management companies, branches of foreign fund management companies in Vietnam must:

  • Separate trading orders and investment instructions of foreign investors from trading orders and investment instructions of domestic investors (if any) and their own;
  • Ensuring compliance with legal regulations on the rate of foreign ownership in Vietnamese enterprises;
  • Take responsible for a fair and reasonable allocation of assets to each customer following the signed contract.

Circular 51/2021/TT-BTC takes effect from August 16, 2021.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.