The Ministry of Finance issued Circular No. 102/2021/TT-BTC dated November 17, 2021 regulating the price of services in the field of securities applicable to service providers in the field of securities participating in the Vietnamese stock market.
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Accordingly, the applicable subjects are service providers in the field of securities including securities trading organizations (securities companies, securities investment fund management companies, branches of foreign securities companies in Vietnam, branches of foreign fund management companies in Vietnam), commercial banks, foreign bank branches, service centers, asset auction enterprises following the law on the auction of assets participating in the Vietnamese securities market following the law (hereinafter referred to collectively as service providers in the field of securities). In addition, there are organizations and individuals using services in the field of securities provided by the above-mentioned securities service providers and other related organizations and individuals.
Circular No. 102/2021/TT-BTC stipulates that the price of services applicable to service providers in the field of securities is detailed in the Service Price Schedule issued together with this Circular. Based on the legal provisions on prices, relevant laws, maximum rates and price brackets specified in the service price schedule issued together with this Circular, service providers in the field of securities shall decide specific prices following the actual service provision.
The price of services in the field of securities specified in this Circular is the price not subject to value-added tax as prescribed in the Law on Value-Added Tax and the amended and supplemented documents (if any). When collecting service charges, service providers in the field of securities use invoices in accordance with law.
For other services not specified in the Tariff Schedule, service providers in the field of securities are entitled to self-price and take responsibility for the price of services provided by themselves following the actual provision of services, the provisions of the law on prices, Securities laws, relevant laws.
Service providers in the field of securities must list prices, publicize prices, comply with the provisions of the law on prices, the law on securities, and relevant guiding documents.
At the price of services in the field of securities applicable to securities trading organizations and commercial banks participating in the Vietnamese securities market, the Ministry of Finance specifies the price of services applicable in the grassroots securities market (The price of underwriting services issued when equitizing state-owned enterprises; Prices of brokerage services to buy and sell stocks, fund certificates, secured warrants; Price of public securities investment fund management services, public securities investment companies; Asset monitoring service price of a closed-end fund, public securities investment company…) and the price of services applicable in the derivatives market.
Circular No. 102/2021/TT-BTC takes effect from January 1, 2022, and replaces circular No. 128/2018/TT-BTC dated December 27, 2018, of the Minister of Finance regulating the price of services in the field of securities applicable to securities trading organizations and commercial banks participating in the Vietnamese stock market.
It should be noted that, for contracts for providing services in the field of securities that have been signed before the effective date of this Circular, they shall continue to comply with the Provisions of circular No. 128/2018/TT-BTC dated December 27, 2018, of the Minister of Finance regulating the price of services in the field of securities applicable at securities trading organizations, Commercial banks participate in the Vietnamese stock market until the end of the contract.
Source
PV.