I. Listing conditions on Vietnam stock exchange
According to Clause 17 Article 6 of Law on Securities 2019:
“Listing of securities is the introduction of qualified securities for trading at the Stock Exchange or Securities Trading Center.”
Specifically, listing is when a securities issuer makes an offering of securities to the public through the Stock Exchange. The issuer’s securities will be listed on a Stock Exchange, and can be bought, sold, and exchanged by investors on the stock market.
If a joint stock company wants to list on the stock exchange in Vietnam, it must meet all conditions for listing. Pursuant to Article 15 of Law on Securities 2019, those conditions are stipulated as follows:
“a) The contributed charter capital is at least 30 billion VND on the offering date according to the accounting books;
b) The company has profit over the last 02 years and has no accumulated loss on the offering date;
c) There is a plan for issuance and use of capital generated by the offering ratified by the General Meeting of Shareholders;
d) At least 15% of the voting shares of the issuing organization must be sold to at least 100 investors who are not major shareholders; In case the charter capital of the issuing organization is VND 1,000 billion or more, the minimum ratio is 10% of the voting shares of the issuing organization;
đ) Major shareholders before the time of the initial public offering of shares of the issuing organization must commit to holding at least 20% of the issuing organization’s charter capital for at least 01 year from the closing date. end the offering;
e) The issuing organization is not under criminal prosecution or has been convicted of one of the crimes of violating the economic management order but has not had its criminal record erased;
g) Have a securities company advise on the registration documents to offer shares to the public, except in cases where the issuing organization is a securities company;
h) Have a commitment and must list or register to trade shares on the stock exchange system after the end of the offering;
i) The issuing organization must open a escrow account to receive money to buy shares in the offering.”
In addition, a joint stock company must also meet other specific conditions according to the regulations of the Stock Exchange.
II. Conditions for foreign-invested companies to be listed on the Vietnam stock exchange
According to point c, clause 1, Article 17 of Decree 194/2013/ND-CP:
“c) Joint stock companies specified in Point c, Clause 1, Article 2 of this Decree shall apply corresponding regulations to Joint Stock Companies.”
And Point c Clause 1 Article 2 Decree 194/2013/ND-CP:
c) Foreign-invested joint stock companies established under Decree No. 38/2003/ND-CP dated April 15, 2003 of the Government on the conversion of a number of foreign-invested enterprises to operates in the form of a joint stock company.”
Thus, based on current law, a joint stock company with foreign investment capital established under Decree 38/2003/ND-CP (expired) has the same rights as a regular joint stock company. , which means it has the right to list on the Vietnamese stock exchange.
According to the provisions of Decree 194/2013/ND-CP regulating the conversion of foreign-invested enterprises to joint stock companies, we can see that foreign-invested companies are completely fully allowed to list on Vietnam stock market:
“Article 14. Listing on the stock market
1. Joint stock companies are allowed to participate in listing on the domestic stock market according to the provisions of law on stock markets.
2. Joint stock companies are listed on foreign stock markets after being approved by competent Vietnamese state agencies”
Companies with foreign investment are completely allowed to list on the Vietnam stock exchange if they meet the above conditions.
In case a foreign-invested company is not a joint stock company, it must carry out procedures to convert the business type to a joint stock company and must meet the requirements of conversion according to law.
Currently, there are a number of companies with 100% foreign investment listed on the Vietnamese stock exchange, including Taya Vietnam Electric Wire and Cable Joint Stock Company (2005), Chang Yih Ceramic Tile Joint Stock Company (2006). , International Foods Joint Stock Company (2006), Everpia Joint Stock Company (2010), Siam Brothers Vietnam Joint Stock Company (2017),…
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