GENERAL ACKNOWLEDGMENT
The contents of the following terms and conditions, together with the information provided by the Customer during the online account registration process, constitute a general agreement, hereinafter referred to as the “Agreement.” Accordingly, Rong Viet authorizes the Customer to conduct transactions within the scope of utilities or trading limits as determined by Rong Viet from time to time.
The Customer is responsible for carefully reading and fully understanding all contents of these Terms and Conditions before using the service.
Article 1: Purpose of the Agreement
By signing this Agreement (including direct signing or using a digital signature and/or other forms of electronic agreement), the Customer requests Rong Viet to open a securities trading account (hereinafter referred to as the "Account," including the securities trading cash account and the securities depository account) in the Customer’s name for the purposes of safekeeping, managing cash and securities, executing securities transactions in accordance with the Customer’s instructions, and performing securities depository, clearing, and registration through the Vietnam Securities Depository and Clearing Corporation (VSDC) (as authorized by the Customer).
Article 2: Specific Agreements
- When wishing to conduct securities buy/sell transactions, the Customer must submit an order slip (in the form provided by Rong Viet) after fully completing the required information at Rong Viet’s trading counters or other designated order-receiving locations (collectively referred to as “trading counters”).
- The order slip shall only be accepted if submitted at Rong Viet’s trading counters prior to the execution of the transaction, except in cases where both parties have agreed in writing to another form of order placement.
- In cases where the Customer places orders through other methods (electronic trading), such transactions shall be carried out in accordance with Section II of this Agreement.
Order Placement Method
Trading Margin Ratio
When placing a sell order, the Customer must have a sufficient quantity of securities in their account, unless otherwise agreed in writing by both parties. When placing a buy order, the cash balance in the Customer’s account must meet the margin ratio requirements as prescribed by Rong Viet.
Interest Rate
The Customer shall receive non-term interest, as publicly announced from time to time by the designated paying bank, on the cash balance in the account.
Article 3: Rights and Obligations of the Customer
- Lawful ownership of the funds and securities entrusted to Rong Viet for safekeeping.
- Placing securities trading orders at Rong Viet’s counters according to the methods stipulated in Article 2.
- Receiving non-term interest as publicly announced by the designated paying bank on the cash balance.
- Requesting Rong Viet to provide information about the account and trading results according to Rong Viet’s regulations.
- Authorizing another person, either fully or partially, to execute transactions on the account in accordance with Rong Viet’s regulations.
Rights
- Guarantee that the information provided in this Agreement and attached documents is accurate and compliant with current laws. In case of changes or incorrect information, the Customer is responsible for promptly notifying Rong Viet for adjustments. Rong Viet shall not be held liable for any damages arising from outdated or incorrect information.
- The Customer commits and guarantees that the digital certificate or digital signature provided and used is valid, effective, and fully complies with legal requirements and/or Rong Viet’s regulations, and bears all related responsibilities.
- Timely, complete, and accurate disclosure of information if subject to disclosure obligations as required by law.
- Study and comply with legal regulations and Rong Viet’s policies during securities transactions.
- Accept and comply with the transaction results provided by Rong Viet consistent with the Customer’s order in the manner set out in Article 2.
- Pay brokerage fees, depository fees, and other applicable fees as publicly announced by Rong Viet from time to time.
- The Customer authorizes Rong Viet to disclose their personal information, account information, and transaction information to third parties with system integration and/or in partnership with Rong Viet for the purpose of providing any services related to the opening and use of securities trading accounts (either direct or online) that the Customer registers for and chooses to use. Such disclosure does not violate Rong Viet’s confidentiality obligations.
- The Customer is responsible for determining their own FATCA (*) status. If subject to FATCA documentation, the Customer commits to providing fully completed forms and/or supporting documents within 90 days from the effective date of this Agreement or as otherwise requested by Rong Viet. The Customer understands and agrees that Rong Viet may report account information to the U.S. Internal Revenue Service (IRS) or other competent tax authority, as required for FATCA compliance.
Obligations
(*) Entities required to report under FATCA include:
a. U.S. citizens or residents, or persons subject to U.S. income tax. U.S. residents include green card holders or individuals who stay in the U.S. for at least 31 days in the current year and 183 days over a 3-year period.
b. U.S. entities: established under U.S. law or subject to U.S. control.
c. Customers with U.S. indicia, including: 1) place of birth/incorporation in the U.S.; 2) mailing or residence address in the U.S. (including U.S. P.O. boxes); 3) mail-hold or in-care-of address in the U.S.; 4) U.S. phone number; 5) standing instructions to transfer funds to/from U.S. accounts; 6) power of attorney or signatory authority held by a U.S. address holder.
d. Other reportable entities: including (1) foreign financial institutions as defined by FATCA, (2) participating financial institutions, deemed-compliant financial institutions, or exempt beneficial owners, (3) active NFFEs, or (4) passive NFFEs with U.S. controlling persons.
- The Customer acknowledges that securities prices are constantly fluctuating. Therefore, the Customer fully accepts and bears all risks related to the value of all securities held in the account opened under this Agreement.
- By signing or authorizing another person to sign the order slip, the Customer affirms that they have fully reviewed the relevant information, understood their actions, and agreed to take full responsibility for any consequences arising from their order placement.
Default Commitment
Article 4: Rights and Obligations of Rong Viet
- To receive brokerage and other applicable fees as per the fee schedule.
- In case the Customer violates any laws or obligations related to account opening or use of securities trading services under this Agreement and/or Rong Viet’s regulations, Rong Viet has the right to suspend or terminate the account's trading validity without being deemed in breach of contract.
- In case the Customer fails to fulfill obligations arising from executed securities transactions, Rong Viet has the right to use cash and/or sell securities in the account to settle such obligations. If insufficient, Rong Viet may request the Customer to fulfill and compensate for damages.
Rights
- Execute transactions as requested by the Customer in compliance with the law and this Agreement.
- Safekeep the Customer’s cash in designated payment bank accounts as per regulations.
- Safekeep the Customer’s securities in depository accounts at VSDC as per regulations.
- Maintain confidentiality of Customer account and transaction information unless disclosure is required by law.
- Not use the Customer’s cash or securities without proper instructions.
- Provide account and trading information as agreed in writing.
- Compensate the Customer for damages as required by law in case of contract breach.
Obligations
Article 1: Interpretation of Terms
- "Service" refers to Online Trading services, through which Rong Viet provides utilities and allows the Customer to conduct one or more types of transactions via online telecommunications means.
- "Online Trading" means transactions conducted via online telecommunications means including: placing buy/sell orders for securities, checking cash balance, checking securities balance, and other utilities provided by Rong Viet from time to time.
- "System" refers to the online trading system provided by Rong Viet for executing transactions, including programs, utilities, and applications installed on the website address www.vdsc.com.vn or telephone systems, email, fax, and Bloomberg systems.
- "Online Telecommunications Means" include one or more of the following: website, software applications for computers or phones, and other telecommunications means accepted by Rong Viet from time to time.
- "Login Password" is the code used to identify the Customer, and successful login into the System shall be deemed equivalent to the Customer appearing to conduct a transaction at Rong Viet’s counter.
- "Authentication Method" is the code used to perform transactions such as buying, selling, canceling, modifying orders, transferring money to the registered account, subscribing for rights to additional issuance, margin debt repayment, margin contract extension, and other transactions provided by Rong Viet from time to time. The use of the "Authentication Method" to execute a transaction within the System shall be deemed equivalent to the Customer signing and submitting an Order Form or other relevant documents directly to Rong Viet.
- "Order Form" refers to a physical written trading order using Rong Viet’s pre-printed form.
- "Registered Phone Number" means the fixed and/or mobile phone numbers provided by the Customer during the online account registration process or via written notices of amendment, supplement, or changes to the Customer’s phone number(s) (if any).
Terms used in Section II of the Agreement concerning the conditions and terms of online trading shall be interpreted as follows:
Article 2: Scope of Online Trading Services
- Services provided to Customers:
- Service delivery methods:
- Service availability:
Access to information: investment information, market situation;
Placement of securities trading orders, inquiry of cash balance, inquiry of securities balance, order information, transaction information;
Notification of transaction results at the end of the trading day;
Online fund transfers;
Reduction of margin debt;
Extension of margin trading services;
Registration/Modification/Cancellation of smsDragon, mailDragon services;
Automatic advance of proceeds from securities sales;
And other utilities and services provided by Rong Viet from time to time.
Including but not limited to the following methods:
Trading via internet connection (iDragon);
Trading via SMS (smsDragon);
Trading via Email (mailDragon);
Trading via Bloomberg (Bloomberg).
The order receiving time from Customers is specified in Rong Viet’s trading guidelines issued from time to time.
Service suspension for system maintenance shall not occur during the official trading hours as prescribed.
Article 3: Conditions for Provision of Online Trading Services
- The Customer shall be provided with the online service by Rong Viet upon completing the signing of the Agreement via online method and fulfilling all required procedures, including full and timely payment of service fees.
- Rong Viet shall ensure sufficient infrastructure and qualified personnel in providing Online Trading Services to the Customer.
Article 4: Service Fees
- By using the Service, the Customer acknowledges and agrees that Rong Viet may impose one or more types of service usage fees. These fees will be communicated by Rong Viet to the Customer upon registration for the Service.
- Rong Viet reserves the right to determine and amend the content, form, and level of fees for the Service from time to time. Service fees include but are not limited to: annual fees, transaction fees applicable to each type of Customer.
Article 5: Trading Method
- Immediately after the Agreement is signed via online method and the registration for the Service is approved by Rong Viet, the Customer will be provided with a “Login Password” to access the System and an “Authentication Method” to execute Online Transactions. The password will be issued for the first time by Rong Viet, and for account security, the Customer must log into the System to change the password.
- The Customer may conduct transactions after successfully logging into the System. Access to the System will be verified by the Login Password.
- Online Transactions by the Customer will be reviewed by the System to ensure full compliance with Rong Viet’s transaction requirements and applicable laws and regulations on the securities market. Only transactions that pass such verification will be forwarded to the Exchange’s system for execution.
- Rong Viet makes no commitment, guarantee, or priority assurance for the forwarding or successful execution of any Customer’s Online Transactions when using this Service.
- For Online Transactions which, within Rong Viet’s control, are identified as suspicious, abnormal, or invalid, Rong Viet may refuse to execute or may be required to verify and check again before execution.
Article 6: Disclaimer
Rong Viet shall not be liable for any damages arising from:
The Customer's delay, omission, or inaccuracy in providing information that results in failed transactions;
Failures or errors from any third parties, including Rong Viet’s partners, in providing services or technical means related to the Service;
Malfunctions or failures of systems or any related technical means, including cases where the system rejects the password for any reason;
Delays or inability of Rong Viet to fulfill its obligations under the terms and conditions of this service due to machine failures, data processing errors, telecommunications issues, natural disasters, or other circumstances beyond Rong Viet's control, or as a result of fraud or forgery;
Rong Viet shall not be held liable for any errors or partial or complete non-performance of this agreement in the event of force majeure as defined by law, such as natural disasters, floods, fires, etc.
Article 7: Transaction Evidence
- By registering to use the Service and/or conducting Online Transactions via the System, the Customer agrees to authorize Rong Viet to execute their securities trading requests and accepts full responsibility for such authorization. The Customer agrees not to revoke or dispute any loss (if any) resulting from this authorization.
- Online Transactions executed through the System shall be legally valid and binding upon the Customer without the need for any written proof of the transaction.
- Data related to login and execution of Online Transactions provided by Rong Viet shall be deemed evidence of the Customer's transaction execution.
- Information and data related to order placement, cancellation, and modification generated by the System when the Customer conducts Online Transactions shall be deemed legally valid and equivalent to a written Order Form placed by the Customer directly at Rong Viet’s trading counter.
Article 8: Confidential Information
- The Customer is responsible for maintaining the confidentiality of all transaction-related information, including but not limited to passwords and other information related to their securities trading account.
The Customer shall bear full responsibility for any damages and risks arising from failure to maintain information confidentiality.
If the Customer discovers that any confidential information may no longer be under their control, they must immediately notify Rong Viet and follow Rong Viet's instructions. - Except where required to disclose information to competent state authorities, Rong Viet shall keep confidential and not disclose any information related to the Customer’s account or securities transactions to any third party without the Customer’s consent.
Article 9: Risks Arising from Online Transactions
Risks arising from online transactions shall be handled in accordance with the risk disclosure statement published by Rong Viet on the Company’s website and through other channels (if any), which may be amended or supplemented from time to time.
Article 10: Customer's Commitments
- The Customer commits to having read and fully understood the entire content of these Terms and Conditions for using Rong Viet’s online securities trading service before agreeing to use the Service.
- The Customer confirms the accuracy of their identity and the information provided to Rong Viet for executing this Agreement, and shall promptly notify Rong Viet of any changes to such information. The Customer shall be fully responsible for all information provided at all times for the purpose of executing and/or maintaining this Agreement.
- The Customer agrees to pay all service fees for Online Trading as determined by Rong Viet from time to time.
- The Customer acknowledges that placing securities trading orders via the Online Trading service entails inherent risks due to system errors or errors by third parties. For example:
For orders placed via the Internet: network failures may cause Rong Viet not to receive the Customer’s order, or account login credentials may be stolen;
For orders placed via phone: there is a risk that Rong Viet’s staff may mishear or misenter the Customer’s order, leading to errors;
For SMS: system overload may result in the Customer not receiving Rong Viet’s notifications.
The Customer agrees to accept all risks, losses, or damages arising from the use of this Service.
Article 11: Commitments of Rong Viet
- Manage information related to the Customer's transactions in accordance with applicable laws;
- Provide, instruct, and support Customers in using Rong Viet's services, and publish applicable fee schedules;
- Promptly notify Customers and endeavor to resolve any issues that cause service interruptions or deterioration in service quality;
- Compensate the Customer for damages in accordance with the law in cases where such damages are caused by Rong Viet's fault;
- Notify the Customer in the event of suspension, temporary suspension, modification, adjustment, or replacement of part or all of the services; or changes to the terms of the Agreement in accordance with the law.
Article 12: Other Provisions
- The provision and execution of Online Trading services are governed by this Agreement and do not exempt the Customer from any rights or obligations under other contracts, agreements, commitments with Rong Viet, or public guidelines on specific transaction methods provided by Rong Viet.
- Registering for Online Trading services does not preclude the Customer’s right to place orders via direct trading channels previously registered with Rong Viet.
- Online Trading services are provided directly by Rong Viet to the Customer. The Customer is not permitted to authorize any third party to conduct transactions.
- When using the Service, the Customer understands and agrees that Rong Viet may impose one or more usage limits.
- Rong Viet reserves the right to determine and change the content, format, volume, and value of service usage limits from time to time. These include, but are not limited to: the maximum transaction value per order, per session, or per trading day for each Customer.
- The Customer must regularly monitor and verify the balance and transaction status of their trading account and promptly report any discrepancies during Online Trading to Rong Viet.
- Rong Viet reserves the right to amend or supplement any content of the Terms and Conditions for Online Trading, usage limits, or service fees at any time without the Customer’s prior consent. Such changes will be publicly disclosed or sent to the Customer's registered email. Rong Viet bears no responsibility if the Customer does not receive the notification due to:
- Rong Viet reserves the right to temporarily suspend or terminate the Service and shall notify the Customer accordingly.
- In the event the Customer violates any of the Terms and Conditions, Rong Viet has the right to suspend or terminate the Service.
- The Customer may request to terminate the Service at any time. Termination must follow Rong Viet’s procedures and is only effective upon written confirmation from Rong Viet.
Email failure for any reason;
The Customer changed their email address without notifying Rong Viet.
During the Customer’s use of Rong Viet’s products and services, Rong Viet may collect one or more items of the Customer’s personal data (hereinafter referred to as "Personal Data"). Rong Viet commits to prioritizing the protection of the Customer’s Personal Data and ensures all data processing activities comply with relevant legal regulations. To protect their own data, the Customer confirms they have carefully read, fully understood, and agreed to the Terms and Conditions on Personal Data Protection and Processing, including any amendments or supplements announced on Rong Viet’s official website.
Article 1: Governing Law
This Agreement is governed by the laws of the Socialist Republic of Vietnam. Both Parties agree to comply with the following legal documents:
The Civil Code of the Socialist Republic of Vietnam;
The Law on Securities and related guiding documents;
The Law on Electronic Transactions and related guiding documents.
Article 2: Dispute Resolution and Compensation
Any disputes arising from this Agreement shall be resolved amicably and through negotiations in good faith. If resolution is not possible, disputes shall be settled by the competent court in Ho Chi Minh City.
The Customer has the right to file a complaint with Rong Viet before initiating any legal procedures.
All damages determined by a legally effective court ruling shall be settled by the relevant parties in a reasonable, full, and timely manner.
Article 3: Notification
- Rong Viet may send notifications to the Customer via any of the following methods:
- The Customer is responsible for maintaining updated and functional contact information (phone, email, address) with Rong Viet and must notify Rong Viet of any changes. Failure to comply will result in the Customer bearing all losses/damages.
- A notification shall be deemed received by the Customer when:
By written letter to the address registered with Rong Viet;
By fax to the number provided by the Customer;
By email from Rong Viet’s official system to the Customer’s registered email address;
By SMS or instant messaging to the registered phone number;
By public announcement on Rong Viet’s website;
By other methods in accordance with the law.
Sent via post: on the date the courier dispatches the letter;
Sent via fax: on the date the fax report confirms successful transmission;
Sent via email: when it leaves Rong Viet’s email system;
Sent via SMS or instant message: when Rong Viet’s system confirms message dispatch;
Posted on Rong Viet’s website;
Displayed at Rong Viet’s transaction offices;
Notified by phone call, and the Customer receives the call.
Article 4: Effectiveness of the Agreement
- This Agreement becomes effective and binding from the date the Customer confirms “Agree to the terms and conditions of online account opening and trading” on Rong Viet’s online registration website or application.
- The Agreement terminates and the account is closed under the following conditions:
- Both Parties or their successors must fulfill all obligations arising from the Agreement before its termination.
- If any provision of the Agreement becomes invalid or unenforceable, the validity and enforceability of the remaining provisions remain unaffected.
- This Agreement is established and executed electronically and constitutes an electronic document under the Law on Electronic Transactions. It is legally binding upon the Parties from the effective date stated in Clause 1 of this Article.
Upon the Customer’s request to terminate the Agreement;
The Customer commits a violation or performs a prohibited act under securities laws;
The Customer (individual) passes away or loses legal capacity; or the Customer (entity) is dissolved, bankrupt, split, or merged;
Rong Viet is dissolved, bankrupt, suspended, or its license is revoked;
The account has no securities and a balance below VND 10,000 and no transactions for 12 consecutive months. In such cases, the Agreement automatically expires and the Customer forfeits any rights derived from it.