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TERMS AND CONDITIONS FOR ACCOUNT OPENING AND ONLINE TRADING

GENERAL ACKNOWLEDGMENT

The terms and conditions set forth below, together with the information provided by the Client during the online account opening process, constitute a comprehensive agreement, hereinafter referred to as the "Agreement". Accordingly, RongViet permits the Client to conduct transactions within the scope of the available service features or transaction limits prescribed by RongViet from time to time.

The Client is responsible for carefully reading and fully understanding all of these Terms and Conditions before using the Service. 

SECTION I. TERMS AND CONDITIONS FOR ACCOUNT OPENING AND USE OF SECURITIES TRADING SERVICES

Article 1: Purpose of the Agreement

By signing this Agreement (whether by handwritten signature, digital signature, and/or other electronic means of contract execution), the Client requests RongViet to open a securities trading account (hereinafter referred to as the "Account", comprising a securities trading cash account and a securities custody account) in the Client's name for the custody and management of cash and securities, the execution of securities transactions in accordance with the Client's instructions, and the performance of securities depository, clearing, settlement, and registration activities through the Vietnam Securities Depository and Clearing Corporation (VSDC), as authorized by the Client.

Article 2: Specific Agreements 

Order Placement Procedures 

1. When wishing to buy or sell securities, the Client must complete and submit an Order Form (using the template provided by RongViet) at RongViet's trading counters or designated order-receiving locations (collectively referred to as "Trading Counters"). 

2. An Order Form shall only be accepted if submitted at a RongViet Trading Counter before execution, unless the parties have agreed in writing to another order placement method. 

3. Where the Client places orders through other methods (electronic transactions), such transactions shall be governed by Section II of this Agreement. 

Trading Margin Requirements 

When placing an order to sell securities, the Client must have sufficient securities available in the Account to cover the quantity being sold, unless otherwise agreed in writing by the parties. When placing an order to purchase securities, the cash balance in the Account must satisfy the trading margin ratio requirements prescribed by RongViet. 

Interest Rate 

The Client shall earn interest on the cash balance in the Account at the demand deposit interest rate announced by the designated settlement bank from time to time. 

Article 3: Rights and Obligations of the Client 

Rights 

1. To retain lawful ownership of the cash and securities entrusted to RongViet for custody. 

2. To place securities trading orders at RongViet's Trading Counters in accordance with the procedures specified in Article 2. 

3. To earn interest on the cash balance in the Account at the demand deposit interest rate announced by the designated settlement bank from time to time. 

4. To request RongViet to provide information regarding the Account and transaction results in accordance with RongViet's regulations. 

5. To authorize another person to conduct transactions on the Account, either in whole or in part, in accordance with RongViet's regulations. 

Obligations 

1. The Client represents and warrants that the information provided under this Agreement and in the accompanying documents is accurate and complies with applicable law. In the event of any changes to or inaccuracies in such information, the Client is responsible for immediately notifying RongViet so that the necessary updates can be made. RongViet shall not be liable for any losses or damages arising from changes or inaccuracies that have not been duly updated. 

2. The Client undertakes and warrants that any digital certificate or digital signature provided or used by the Client is valid, effective, and fully satisfies the requirements prescribed by applicable law and/or RongViet from time to time. The Client shall also assume all responsibilities associated with such digital certificate or digital signature. 

3. To make timely, complete, and accurate disclosures of information where required by applicable law. 

4. To familiarize themselves with and comply with applicable laws and RongViet's regulations when conducting securities transactions. 

5. To accept and fulfill securities transaction results provided by RongViet that correspond to the Client's orders placed in accordance with the procedures specified in Article 2. 

6. To pay brokerage fees, custody fees, and other applicable charges in accordance with the regulations and payment procedures announced by RongViet from time to time. 

7. The Client authorizes RongViet to disclose the Client's personal information, account information, and transaction information held by RongViet to third party whose system is connected to and/or who cooperates or is affiliated with RongViet in providing any services related to securities trading account opening and securities transactions, whether conducted in person and/or online, that the Client has registered for or chosen to use. Such disclosure by RongViet shall not constitute a breach of its obligations to maintain the confidentiality of the Client's information. 

8. The Client is responsible for determining their own status under the Foreign Account Tax Compliance Act (FATCA)(*). Where the Client is required to provide FATCA supporting documentation, the Client undertakes to submit duly completed forms and/or supporting documents within 90 days from the effective date of this Agreement or as otherwise requested by RongViet. The Client understands and agrees that RongViet may report information relating to the Client's accounts to the United States Internal Revenue Service (IRS) or other competent tax authorities, as required of a FATCA-compliant financial institution for the purpose of complying with FATCA Client due diligence requirements.

(*) Persons and entities required to make FATCA declarations include: 

a. U.S. citizens, U.S. residents, or persons subject to U.S. income tax. For this purpose, U.S. residents include green card holders or individuals who have been physically present in the United States for at least 31 days in the current year and 183 days over three years comprising the current year and the two immediately preceding years. 

b. U.S. entities: Entities established in the United States, incorporated under U.S. law, having an organization in the United States, or controlled by a U.S. citizen or resident. 

c. Other Clients exhibiting U.S. indicia, including any of the following: (1) Place of birth or incorporation in the United States; (2) Mailing address, permanent address, or residential address in the United States, including a U.S. post office box; (3) An in-care-of or hold-mail address in the United States; (4) A U.S. contact telephone number; (5) Standing instructions to transfer funds periodically to an account in the United States or to receive funds periodically from one or more accounts maintained in the United States; or (6) A currently effective power of attorney or signing authority granted to a person with an address in the United States. 

d. Other reportable entities, including: (1) Foreign financial institutions as defined under FATCA; (2) Participating financial institutions, deemed-compliant financial institutions, or exempt beneficial owners in accordance with FATCA regulations; (3) Active non-financial foreign entities; or (4) Passive non-financial foreign entities with controlling persons who are U.S. residents or citizens.

Standing Undertakings 

1. The Client acknowledges that securities prices are subject to continuous fluctuations. Accordingly, the Client assumes full responsibility for and accepts all risks associated with the value of securities held in the Account opened under this Agreement. 

2. By validly signing an Order Form or authorizing another person to sign it, the Client acknowledges that they have obtained sufficient information and fully understand their actions and undertakes to assume full responsibility for all consequences arising from the placement of such orders. 

Article 4: Rights and Obligations of RongViet 

Rights 

1. To collect brokerage fees and other charges in accordance with the applicable fee schedule. 

2. Where the Client breaches applicable laws or obligations relating to account opening and the use of securities trading services under this Agreement and/or other regulations announced by RongViet from time to time, RongViet shall have the right to suspend or terminate trading activities on the Client's Account under this Agreement without being deemed to have breached its contractual obligations. 

3. Where the Client fails to fulfill obligations arising from securities transactions duly executed in accordance with applicable regulations, RongViet shall have the right to use cash and/or sell securities held in the Account to settle such obligations. If the cash and securities available in the Account are insufficient to fulfill these obligations, RongViet shall have the right to require the Client to fully discharge the outstanding obligations and compensate for any resulting losses or damages. 

Obligations 

1. To execute transactions in accordance with the Client's instructions, applicable laws, and this Agreement. 

2. To hold the Client's cash in an investor securities trading cash account maintained with the designated settlement bank in accordance with applicable regulations. 

3. To hold the Client's securities in an investor securities account maintained with the Vietnam Securities Depository and Clearing Corporation in accordance with applicable regulations. 

4. To maintain the confidentiality of information relating to the Client's Account and transactions, except where disclosure is required by applicable law. 

5. Not to use the Client's cash or securities without duly authorized instructions from the Client. 

6. To provide information regarding the Client's Account and securities transaction results in accordance with the procedures agreed upon in writing by the parties. 

7. To compensate the Client for losses or damages arising from a breach of contractual obligations in accordance with applicable law. 

SECTION II: TERMS AND CONDITIONS FOR ONLINE TRADING 

Article 1: Definitions 

For the purposes of Section II of this Agreement governing the Terms and Conditions for Online Trading, the following terms shall have the meanings set forth below: 

1. "Service" means the Online Trading Service through which RongViet provides various features and enables the Client to conduct one or more types of Transactions via Online Telecommunications Channels. 

2. "Online Trading" means transactions conducted through Online Telecommunications Channels, including placing securities buy or sell orders, checking cash balances, checking securities balances, and using other features provided by RongViet from time to time. 

3. "System" means the online trading system provided by RongViet for conducting Transactions, including programs, features, and applications available at www.vdsc.com.vn, as well as telephone, email, fax, and Bloomberg systems. 

4. "Online Telecommunications Channels" means one or more of the following: websites, computer or mobile applications, and other information and telecommunications channels accepted by RongViet from time to time. 

5. "Login Password" means the confidential code used to identify the Client. Successful login to the System shall be deemed equivalent to the Client appearing in person at a RongViet Trading Counter to conduct transactions. 

6. "Authentication Method" means the authentication code used to execute Transactions involving the purchase or sale of securities, order cancellation, order modification, fund transfers to registered accounts, registration for subscription rights in additional share issuances, repayment of margin trading debt, renewal of Margin Trading Agreements, and certain other transactions provided by RongViet from time to time. The use of an Authentication Method to conduct Transactions through the System shall be deemed equivalent to the Client signing and submitting an Order Form or other relevant documents directly to RongViet. 

7. "Order Form" means a written trading order form prepared using RongViet's prescribed template. 

8. "Registered Telephone Number" means the Client's landline and/or mobile telephone numbers provided during the online account opening process or in written notices of amendments, supplements, or changes to the Client's telephone number information, if any. 

Article 2: Scope of Online Trading Services 

1. Services provided to the Client 

  • Access to investment information and market developments; 
  • Placement of securities trading orders; inquiries regarding cash balances, securities balances, order information, and transaction information; 
  • Notification of transaction results at the end of each trading day; 
  • Online fund transfers; 
  • Reduction of outstanding margin trading debt; 
  • Renewal of Margin Trading Services; 
  • Registration, modification, or cancellation of smsDragon and mailDragon services; 
  • Automatic advance payment against securities sale proceeds; 
  • Other features and services provided by RongViet from time to time. 

2. Service delivery channels 

The Service may be provided through, but is not limited to, the following channels: 

  • Internet-based trading (iDragon). 
  • SMS-based trading (smsDragon). 
  • Email-based trading (mailDragon). 
  • Bloomberg-based trading (Bloomberg). 

3. Service availability 

  • The hours during which Client orders are accepted shall be specified in RongViet's trading guidelines, as amended from time to time. 
  • Any suspension of the Service for system maintenance or servicing shall not take place during official trading hours as prescribed by applicable regulations. 

Article 3: Conditions for Provision of Online Trading Services 

1. RongViet shall provide the Client with Online Trading Services after the Client has entered into this Agreement electronically, completed all required procedures, and paid all applicable Service fees in full and on time. 

2. RongViet shall satisfy all requirements relating to facilities and personnel to provide Online Trading Services to the Client. 

Article 4: Service Fees 

1. By using the Service, the Client acknowledges and agrees that RongViet may impose one or more Service fees. Applicable Service fees shall be communicated to the Client upon registration for the Service. 

2. RongViet reserves the right to establish and modify the types, structure, and rates of Service fees from time to time. Such fees include, but are not limited to, annual fees and transaction fees applicable to different categories of Clients. 

Article 5: Transaction Procedures 

1. Upon electronic execution of this Agreement and RongViet's approval of the Client's registration for the Service, the Client shall be provided with a Login Password to access the System and an Authentication Method to conduct Online Trading Transactions. RongViet shall issue the initial password, and the Client must log in to the System to change this password to ensure account information security. 

2. The Client may conduct Transactions after successfully logging in to the System. Access to the System shall be authenticated using the Client's Login Password. 

3. The Client's Online Trading Transactions shall be verified by the System to ensure full compliance with RongViet's trading requirements and applicable laws and regulations governing securities market transactions. Only Online Trading Transactions that successfully pass the verification process shall be forwarded to the relevant Stock Exchange's system for execution. 

4. RongViet makes no commitment or guarantee, nor does it grant any priority, regarding the forwarding or successful execution of Online Trading Transactions conducted by any Client through the Service. 

5. Where RongViet, within its scope of control, identifies any Online Trading Transaction as suspicious, unusual, or invalid, RongViet may refuse to execute the Transaction or require further verification before execution. 

Article 6: Exclusion of Liability 

RongViet shall not be liable for any losses or damages arising from: 

  • The Client's delayed, incomplete, or inaccurate provision of information resulting in the inability to execute a Transaction. 
  • Errors or failures by any third party, including RongViet's partners, in providing services or technical facilities related to the Service. 
  • Failures or malfunctions of the System or any associated technical facilities, including cases where the System rejects a password for any reason. 
  • RongViet's delay or inability to perform its obligations under these Terms and Conditions due to equipment malfunctions, data processing failures, telecommunications disruptions, natural disasters, events beyond RongViet's control, or consequences of fraud or forgery. 
  • RongViet shall not be held liable for any failure to perform, in whole or in part, this Agreement in the event of force majeure as defined by applicable law, including natural disasters, floods, and fires. 

Article 7: Transaction Evidence 

1. By registering to use the Service and/or conducting Online Trading Transactions through the System, the Client agrees to authorize RongViet to execute securities trading instructions on the Client's behalf and assumes full responsibility for such authorization. The Client undertakes not to revoke such authorization or raise any claims in respect of losses, if any, arising from such authorization. 

2. Online Trading Transactions conducted through the System shall be legally valid and binding on the Client without any requirement for additional written transaction evidence. 

3. Data and information relating to login activities and Online Trading Transactions provided by RongViet shall be deemed evidence of the Client's execution of such Transactions. 

4. Data and information relating to order placement, cancellation, or modification generated by the System when the Client conducts Online Trading Transactions shall be deemed to have the same legal validity as a duly completed written Order Form submitted by the Client directly at a RongViet Trading Counter. 

Article 8: Confidential Information 

1. The Client is responsible for maintaining the confidentiality of information used in Transactions, including but not limited to passwords and information relating to the Client's securities trading account. 

The Client shall bear full responsibility for any losses or risks arising from the failure to fulfill these confidentiality obligations. 

If the Client becomes aware that any confidential information mentioned above may no longer be under their control, the Client must immediately notify RongViet and follow RongViet's instructions.

2. Except where RongViet is required to disclose information to competent state authorities, RongViet shall maintain the confidentiality of information relating to the Client's Account and securities trading activities and shall not disclose such information to any third party without the Client's consent. 

Article 9: Risks Arising from Online Trading 

Risks arising during Online Trading shall be addressed by RongViet in accordance with the Risk Disclosure published on RongViet's website and other communication channels, if any, as amended or supplemented from time to time. 

Article 10: Client Undertakings 

1. The Client undertakes that they have carefully read and fully understood all provisions of RongViet's Terms and Conditions for Online Securities Trading Services before agreeing to use RongViet's Service. 

2. The Client undertakes that their identity and all information provided to RongViet for the performance of this Agreement are accurate. The Client must promptly notify RongViet of any changes to such information and assumes full responsibility at all times for all information provided for the execution and/or maintenance of this Agreement.

3. The Client undertakes to pay all fees applicable to the Online Trading Service as prescribed by RongViet from time to time. 

4. The Client acknowledges that placing securities trading orders through the Online Trading Service inherently involves potential risks arising from System failures or errors attributable to third parties. Examples include: 

  • For Internet-based order placement: Network transmission failures may prevent RongViet from receiving the Client's orders, or the Client's account login credentials may be stolen. 
  • For telephone-based order placement: Errors may occur if RongViet employees incorrectly receive or enter the Client's orders. 
  • For SMS notifications: System overload may prevent the Client from receiving notifications sent by RongViet. 
  • The Client undertakes to accept any risks, losses, or damages arising from the use of the Service. 

Article 11: RongViet's Undertakings 

1. To manage information relating to the Client's Transactions in accordance with applicable laws and regulations.

2. To provide guidance and support to the Client in using RongViet's services and publicly disclose the applicable fee schedule.

3. To promptly notify the Client of incidents that result in the suspension or deterioration of Service quality and makeefforts to remedy such incidents.

4. To compensate the Client for losses or damages caused by RongViet's fault in accordance with applicable law. 

5. To notify the Client of any discontinuation, suspension, modification, amendment, or replacement of all or part of the Service, or any amendment to the terms of this Agreement to ensure compliance with applicable law. 

Article 12: Miscellaneous Provisions 

1. The provision and use of Online Trading Services shall be governed by this Agreement and shall not affect the Client’s rights and obligations under other contracts, agreements, or related undertakings entered into with RongViet and/or other publicly communicated conditions and instructions governing specific transaction procedures. 

2. Registration for the Online Trading Service shall not affect the Client's right to conduct securities transactions through direct order placement methods previously registered with RongViet. 

3. The Online Trading Service is provided by RongViet directly to the Client. The Client is not permitted to authorize any third party to conduct Transactions on their behalf.

4. By using the Service, the Client acknowledges and agrees that RongViet may impose one or more limits on the use of the Service.

5. RongViet reserves the right to establish and modify the scope, form, volume, and value of Service usage limits from time to time. Such limits include, but are not limited to, the maximum transaction limit for each Transaction and the maximum transaction limit permitted for each Client during a trading session or trading day.

6. The Client is responsible for regularly checking and monitoring account balances and trading account activities and must promptly notify RongViet of any errors or discrepancies arising during Online Trading. 

7. RongViet reserves the right to amend or supplement any provision of the Terms and Conditions for Online Trading Services, Service usage limits, or Service fees at any time without obtaining the Client's prior consent. RongViet shall publicly announce such amendments or supplements and other relevant information, or send notices to the email address registered by the Client with RongViet. RongViet shall not be liable if the Client fails to receive such notices for any of the following reasons: 

  • The Client's email account fails to receive the notice for any reason. 
  • The Client changes their email address without notifying RongViet. 

8. RongViet reserves the right to suspend or terminate the provision of the Service to the Client, subject to prior notice as required by applicable regulations. 

9. Where the Client breaches any provision of the Terms and Conditions for Online Trading Services, RongViet shall have the right to suspend or terminate the provision of the Service. 

10. The Client may request termination of the Service at any time. Such termination must comply with RongViet's applicable procedures and shall become effective only upon written confirmation by RongViet. 

SECTION III. TERMS AND CONDITIONS FOR PERSONAL DATA PROTECTION AND PROCESSING 

During the Client's use of RongViet's products and services, RongViet may collect certain personal data relating to the Client (hereinafter referred to as "Personal Data"). RongViet is committed to prioritizing the confidentiality of the Client's Personal Data and ensuring that all Personal Data processing activities comply with applicable laws and regulations. To help protect their own Personal Data, the Client undertakes that they have carefully read, fully understood, and agreed to all provisions of the Terms and Conditions for Personal Data Protection and Processing, including any amendments or supplements published by RongViet on its website. 

SECTION IV. GENERAL TERMS AND CONDITIONS 

Article 1: Governing Law

This Agreement shall be governed by the laws of Vietnam. Both parties undertake to comply with applicable legislative and regulatory instruments, including: 

  • The Civil Code of the Socialist Republic of Vietnam; 
  • The Law on Securities and its implementing regulations; 
  • The Law on Electronic Transactions and its implementing regulations. 

Article 2: Dispute Resolution and Compensation for Damages 

Any disagreements or disputes arising from this Agreement shall be resolved by the parties through negotiation and amicable settlement in a manner that serves their mutual interests. If the parties are unable to resolve a dispute amicably, the dispute shall be submitted to a court of competent jurisdiction in Ho Chi Minh City. 

The Client shall have the right to lodge a complaint with RongViet before initiating other legal proceedings. 

Any compensation for losses or damages arising during the performance of this Agreement, as determined by a legally effective court judgment, shall be duly, fully, and promptly fulfilled by the parties. 

Article 3: Notices 

1. Where RongViet needs to provide notices relating to the Service(s) or any other information, RongViet shall have the right to choose any of the following methods of notification: 

  • Delivering written notices directly to the address registered by the Client with RongViet. 
  • Sending notices by fax to the fax number provided by the Client. 
  • Sending emails from RongViet's email system to the email address provided by the Client. 
  • Sending SMS messages or messages through online messaging services to the Client's registered telephone number. 
  • Publishing notices on RongViet's website. 
  • Using other methods permitted by applicable law. 

2. The Client is responsible for maintaining continuous and uninterrupted access to the telephone number, email address, and contact address registered with RongViet, and must promptly update RongViet whenever any such information changes. If the Client fails to comply fully with these requirements, the Client shall bear all resulting losses or damages. 

3. A notice shall be deemed to have been sent and received by the Client upon satisfaction of any of the following conditions: 

  • For written notices delivered directly: On the date the delivery service provider dispatches the notice to the Client. 
  • For notices sent by fax: On the date the transmitting fax machine confirms successful transmission of the entire notice or document to the Client's fax number. 
  • For notices sent by email: When the electronic signal leaves RongViet's email system. 
  • For notices sent by SMS or online messaging services: When RongViet's system indicates that the message has been sent. 
  • When the notice is published on RongViet's website. 
  • When the notice is posted at RongViet's trading locations. 
  • When the notice is communicated by telephone to the Client's registered telephone number and the Client has answered the call. 

Article 4: Effectiveness of the Agreement 

1. This Agreement shall become effective and legally binding upon the parties from the date the Client confirms "Agree to the Terms and Conditions for Account Opening and Online Trading" on RongViet's website or online account opening application. 

2. This Agreement shall terminate, and the Account shall be closed and settled, in any of the following circumstances: 

  • The Client requests termination of the entire Agreement; 
  • The Client breaches or engages in prohibited acts under the laws governing securities and the securities market; 
  • The Client, if an individual, dies or loses legal capacity; or the Client, if an organization, is dissolved, declared bankrupt, divided, separated, or consolidated; 
  • RongViet is dissolved, declared bankrupt, suspended from operations, or has its license revoked; 
  • The Account holds no securities, has a cash balance of less than VND 10,000 (ten thousand Vietnamese dong), and has recorded no transactions for 12 (twelve) consecutive months. In such circumstances, this Agreement shall automatically terminate, and the Client shall forfeit all rights and benefits arising from the Agreement. 

3. The parties, or their respective successors to rights and obligations, must fully discharge all rights and obligations arising under this Agreement before its termination. 

4. If any provision of this Agreement is deemed invalid or unenforceable under any circumstances, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. 

5. This Agreement is created and executed electronically and constitutes an electronic document in accordance with the laws governing electronic transactions. It shall be legally binding upon the parties from the effective date specified in Clause 1 of this Article.