Thông tư 73/2020/TT-BTC sửa đổi Thông tư 134/2017/TT-BTC hướng dẫn giao dịch điện tử

CIRCULAR

On amending, supplementing a number of articles of the Circular No. 134/2017/TT-BTC dated December 19, 2017 of the Minister of Finance, on guiding e-transactions in the securities market

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Pursuant to the Law on Securities dated June 29, 2006 and the Law on amending and supplementing a number of the Law on Securities dated November 24, 2010;

Pursuant to the Law on E-Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Cyberinformation Security dated November 19, 2015;

Pursuant to the Government’s Decree No. 165/2018/ND-CP dated February 23, 2007, on e-transactions in financial activities;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017, on defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the Chairperson of the State Securities Commission;

The Minister of Finance hereby promulgates the Circular on amending, supplementing a number of articles of the Circular No. 134/2017/TT-BTC dated December 19, 2017 of the Minister of Finance, on guiding e-transactions in the securities market.

Article 1.To amend and supplement a number of articles of the Circular No. 134/2017/TT-BTC dated December 19, 2017 of the Minister of Finance, on guiding e-transactions in the securities market as follows:

1. To amend Clauses 7 and add Clause 14, Article 3 as follows:

“7.Order-placing device identification informationmeans information associated with each device used to identify the device when performing online securities trading.

14.Trading timemeans the time when investors log in to the online securities trading system to perform online securities trading orders.”

2. To amend Points dd and e, Clause 1, Article 6 as follows:

“dd) The online securities trading system must employ measures so that investors may use digital certificates and digital signatures of public digital signature authentication service providers when perform online securities trading orders. The online securities trading system may employ more measures according to Points a and c, Clause 1, Article 8 of this Circular. The application of digital certificates and digital signatures in securities trading of investors shall comply with the State Securities Commission’s instruction;

e) Via-telephone service providers must be equipped with switchboards or devices having the functions of recording, managing and tracing calls. All order-placing calls of investors shall be fully recorded and archived, ensuring information security and data confidentiality;”

3. To amend Clauses 2 and add Clause 4, Article 8 as follows:

“2. Upon placing an order via telephone, an investor must use the telephone number for order placement and provide information for identification under Point a, Clause 1 of this Article. A transaction may be conducted only when the information provided by the investor is consistent with that registered by the investor and stored in the online securities trading system.

4. Every time performing online securities trading, an investor must identify according to this Article.”

4. To amend Clauses 1 and 3, Article 9 as follows:

“1. An e-order slip must have at least the following information: Number sign of the order, type of order, identification number of the account for order placement, trading method, securities code or name, trading volume and price, trading time (year, month, day, hour, minute), and order-placing device identification information.

3. An e-order slip must bear a digital signature or shall be logically associated or combined with investor authentication information as specified in Article 8 of this Circular and satisfy regulations of legal normative documents on e-transactions.”

Article 2. Implementation provisions

1. This Circular takes effect on October 01, 2020.

2. The State Securities Commission, the Stock Exchanges, the Vietnam Securities Depository and organizations and individuals participating in e-transactions on the securities market shall be responsible for the implementation of this Circular./.

For the Minister

The Deputy Minister

Huynh Quang Hai