According to VCCI, regulating violations of offering and issuing individual securities according to the draft administrative sanction in the field of securities are not clear and causing difficulties and confusion during the implementation process.VCCI proposes to see Review a number of regulations according to the draft Decree to sanction administrative violations in the field of securities and securities market. Photo: BNEWS / VNA The Ministry of Justice's proposal of the Ministry of Justice shall contribute to the draft Decree amending and supplementing a number of articles of Decree 156/2020 / ND-CP prescribing sanctioning administrative violations in the field of control contract and stock market, Vietnam Chamber of Commerce and Industry (VCCI) said that regulating violations of offering and issuing individual securities that the draft added some contents to be unreal clarity and can make it difficult, confused in the process of searching, exercise. Term and behavior does not transfer the proceeds from the offering to a blockade account, the acts of using the amount when not yet Being confirmed for offering results with acts of issuing securities in Decree 156/2020 / ND-CP, as well as amended according to the draft are not clearly applicable to bond issuance? While some cases of individual bond issuance require this obligation.do, VCCI proposes an additional editorial agency for a separate thing for acts of violating regulations on private bonds or amend this Regulation in Decree 156/2020 / ND-CP to clarify which contents apply to individual securities issuance, which contents apply to individual bonds and in each particular case ? Regulations with violations of private bonds offering, the draft also stipulating sanctioning with acts of changing conditions and conditions of bonds that have been issued, unless prescribed by law
. However, this regulation does not seem to agree with other regulations such as Decree 153/2020 / ND-CP on "offering and transactions of individual corporate bonds in the domestic market and offering joint bonds NOW to international markets, "There is no need to prohibit or restrict businesses to change the conditions and terms of bonds. The logical face, can understand that the enterprise is done this. While the actual issuers, the issuers still have the right to negotiate with the owner to change the conditions and conditions according to the unified contents in the relevant information announcement
The regulation as in the draft will make the change of conditions become violating the law just because there is no regulation on this issue. Therefore, VCCI proposes that the agency drafting this regulation in the draft. Lienging the violation of public corporate governance, the draft regulating the sanctioning with acts of violating the regulations on public management Public company. However, according to VCCI, some points in the draft need to be considered. Accordingly, the sanctioning Chairman of the Board of Directors without ensuring the number of meetings of the Board of Directors according to the regulations seems to be unified due to the relevant regulations on the responsibilities of the Board of Directors Intended in the Enterprise Law, Securities Law ... These legal documents have no regulations on this contents. Or as the principal of the Board of Directors if not reporting the General Meeting of Shareholders. This provision has not agreed with Decree 155/2020 / ND-CP detailing the implementation of a number of articles of the Securities Law
Accordingly, the reporting responsibility is the Board of Directors that is a collective responsibility, not the Personal Chairman of the Board of Directors. Therefore, VCCI also asks the agency to edit this regulation.bility for regulations with violations with securities investment fund management companies and branches of Foreign Fund Management Company, draft Regulations on sanctioning with non-separate behavior on the office with other organizations. Thus, it seems inappropriate and excessive interventions into internal governance activities and self-determination of fund management companies. On the other hand, Article 75 of the Securities Law also requires only enterprises to have a working office to ensure business activities without requiring as drafts. From here, VCCI also suggested the agency to edit the consideration of this content ./. Ngoc Quynh / BNews / TTXVN . Dịch vụ:
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