|
THE
STATE BANK
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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No.
10/2003/TT-NHNN
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Hanoi,
September 16th, 2003
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE DECREE No. 174/1999 DATED 9
DECEMBER, 1999 OF THE GOVERNMENT ON THE MANAGEMENT TO GOLD TRADING ACTIVITIES
AND THE DECREE No. 64/2003/ND-CP DATED 11 JUNE, 2003 OF THE GOVERNMENT ON THE
AMENDMENT, SUPPLEMENT OF THE DECREE No. 174/1999/ND-CP
Pursuant to Article 19 of the
Decree No. 174/1999/ND-CP dated 9 December, 1999 of the Government on the
management to gold trading activities and Article 3 of the Decree No.
64/2003/ND-CP dated 11 June, 2003 of the Government on the amendment,
supplement of the Decree No. 174/1999/ND-CP, the Governor of the State Bank
provides guidance on the implementation as follows:
Chapter I
GENERAL PROVISIONS
Section 1.
GOVERNED SUBJECTS AND GOVERNING SCOPE
1. Subjects of application of
this Circular shall be organizations, which, individuals, who engage in gold
trading activities.
2. This Circular shall govern
the activities of gold trading including jewelry gold, fine art gold, piece
gold, raw material gold; not govern the activities of gold exploitation,
refinement of gold exploiting enterprises.
3. The trading in gold of
international standard shall be performed in accordance with provisions of the
Decree No. 63/1998/ND-CP dated 17 August, 1998 of the Government on foreign
exchange control and the Circular No. 01/1999/TT-NHNN7 dated 16 April, 1999 of
the Governor of the State Bank of Vietnam guiding the implementation of the
Decree No. 63/1998/ND-CP of the Government.
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4. Following gold trading
activities shall require a permit of the State Bank:
a. Export, import of raw
material gold in forms of block, bar, bean and piece;
b. Production of piece gold;
Section 3.
OPERATION OF GOLD TRADING ENTERPRISES WITH FOREIGN INVESTED CAPITAL
5. Enterprises with foreign
invested capital, which are granted an operation license to operate in areas of
production, processing of jewelry, fine art gold, shall comply with applicable
provisions of the Law on Foreign investment in Vietnam, provisions in the
Investment License and provisions in Section 5, Chapter III, Chapter IV and
Chapter V of this Circular during their operation.
Chapter II
GOLD PURCHASE, SALE,
PRODUCTION AND PROCESSING ACTIVITIES
Section 1.
OPERATING CONDITIONS, SCOPE OF ORGANIZATIONS, WHICH, INDIVIDUALS, WHO ENGAGE IN
THE PURCHASE, SALE, PRODUCTION AND PROCESSING OF GOLD.
6. Conditions for operation
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b. Availability of tools that
satisfy requirements for the production, processing of jewelry gold, fine art
gold; availability of gold measurement device, which is certified by a
certificate of verification of the State management agency in charge of the
quality measurement criteria;
c. Availability of staff,
workers with professional skills, which meet requirements of gold trading
activities in line with the certificate of business registration.
7. Scope of operation
a. Purchase, sale of all kinds
of jewelry gold, fine art gold, piece gold and raw material gold;
b. Production, processing of
jewelry and fine art gold.
Section 2.
OPERATING CONDITIONS AND SCOPE OF ENTERPRISES, WHICH PRODUCE PIECE GOLD.
8. Conditions for operation
Considering objectives of the
monetary policy from time to time, the State Bank of Vietnam shall grant a
permit for the production of piece gold to enterprises, which fully
satisfy following conditions:
a. Being enterprises, which have
registered the business of jewelry, fine art gold production;
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c. Availability of managerial
officers and workers with professional skills, which meet requirements of piece
gold production.
9. Scope of operation
a. Piece gold production;
b. Processing of piece gold for
organizations, individuals for weights as stated in the permit of piece gold
production granted to the enterprise by the State Bank of Vietnam.
10. Application file for the
issuance of the permit of piece gold production.
The application file for the
issuance of the permit of piece gold production to be submitted to the State
Bank of Vietnam (Foreign Exchange Control Department ) shall include:
a. An application for the
issuance of the permit for the production of piece gold under the sample form
in the Appendix 1;
b. A notarized copy of the
business registration certificate (only submitted in the first time or in the
event of any change);
c. A report on the status of
premises, machines, equipment;
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Within 10 working days from the
date of receipt of the complete valid file, the State Bank of Vietnam shall
consider granting a permit for the production of piece gold to enterprises. In
case of refusal, the State Bank of Vietnam shall give out clear reasons thereof
in writing.
Chapter
III
EXPORT, IMPORT OF GOLD
Section 1.
EXPORT, IMPORT OF JEWELRY AND FINE ART GOLD
11. Gold trading enterprises
shall be entitled to export, import jewelry, fine art gold (including gold-plated
jewelry and fine arts) in accordance with enterprises' business registration
certificate and applicable provisions of the Prime Minister on the export,
import management without the need to have a permit from the State Bank of
Vietnam.
Section 2.
EXPORT, IMPORT OF RAW MATERIAL AND PIECE GOLD
12. The State Bank of Vietnam
shall, based on the demand for the production of jewelry, fine art gold and
objectives of the monetary policy from time to time, consider granting a permit
for export, import of raw material gold in forms of block, bar, bean, piece to
enterprises, which have registered the business of gold export, import.
13. Files submitted to the State
Bank of Vietnam (Department of Foreign Exchange Control) shall include:
a. An application for the gold
export, import under the sample form in the Appendix 2;
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c. A report on the enterprise's
business result in the last six months.
Within 10 working days from the
date of receipt of complete valid files, the State Bank of Vietnam shall
consider granting a permit to enterprises. In case of refusal, the State Bank
of Vietnam shall state clearly the reasons thereof in writing.
14. Enterprises, which have
registered the gold export, import shall be entitled to export, import
raw-material gold in forms of foil, fiber, powder, solution, welded scrap, gold
salt, semi-finished products of jewelry gold in
accordance with the business registration certificate of enterprises and
applicable provisions of the Prime Minister on the export, import management
without the need to have a permit from the State Bank of Vietnam.
Section 3.
GOLD IMPORT FOR THE PROCESSING OF JEWELRY, FINE ART GOLD PRODUCTS FOR
FOREIGN COUNTRIES
15. Organizations, which,
individuals, who, have registered the gold trading business and have entered
into a processing contract with foreign countries shall be permitted by the
State Bank of Vietnam to import raw material gold in forms of block, bar, bean,
piece for the processing and re-export of gold products to foreign countries.
General Managers of the State Bank's branches in provinces, cities shall
consider granting a permit for the import of raw material gold to these subjects
in accordance with the sample form in Appendix 6.
16. Files submitted to the State
Bank branches in provinces, cities, where the head office of organizations and
individuals is located, shall include:
a. An application for the Gold
import under the sample form in the Appendix 2;
b. A notarized copy of the
certificate of gold business registration.
c. The processing contract with
the foreign country (ies).
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Section 4.
EXPORT OF RAW MATERIAL GOLD BY GOLD EXPLOITING ENTERPRISES
17. Enterprises, which possess a
gold exploitation permit and wish to export raw material gold, which is refined
after exploitation in forms of nuggets, bars, clot, shall submit their
file to the State Bank of Vietnam (Foreign Exchange Control Department) for
their consideration of the issuance of a permit. The file shall include:
a. An application for the gold
export in accordance with the sample form in the Appendix 2;
b. A notarized copy of gold
exploitation permit.
Within a period of 10 working
days from the date of complete receipt of valid files, the State Bank of
Vietnam shall consider granting a permit for the raw material gold export to
enterprises. In case of refusal, the State Bank of Vietnam should give out
clear reasons thereof in writing.
Section 5.
GOLD EXPORT, IMPORT BY GOLD TRADING ENTERPRISES WITH FOREIGN INVESTED CAPITAL
18. Based on business plan of
enterprises with foreign invested capital, the State Bank of Vietnam shall
grant a quota for the import of raw-material gold in forms of block, bar, bean,
piece to enterprises within the planned year. Enterprises with foreign invested
capital shall not be required to submit for the permit of gold export, import
for each shipment.
19. Enterprises with foreign
invested capital shall be entitled to export, import following kinds of gold
without the need to have a permit of the State Bank of Vietnam:
a. Export, import of raw
material gold in forms of foil, fiber, powder, solution, gold salt, welded
scrap, semi-finished products of jewelry gold;
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c. Temporary import, re-export
of jewelry, fine art gold as samples;
d. Export of mixtures containing
gold that are taken during the production process for gold material re-use.
20. Written assignment of quota
issued by the State Bank of Vietnam shall be used as a proof for enterprises to
clear import procedures with the Customs.
21. By the 15th
December of the year prior to the planned year at the latest or in case where
the quota adjustment is required, enterprises shall submit file to the State
Bank of Vietnam (Foreign Exchange Control Department) for the quota assignment
or the quota adjustment. The file shall include:
a. An application for the
assignment of the quota for the import of raw material gold under the sample
form in Appendix 3;
b. A report on the performance
of export, import, consumption of gold products in the Vietnam market of the
year prior to the planned year (estimate for December) under the sample form in
Appendix 7.
22. If an enterprise is
permitted to sell its products in Vietnam, it shall be required to report to
the State Bank's branches in provinces, cities where they intend to locate
their shops of the place of its shops, codes to be sealed on its gold products,
before the opening of its shops. The product sale in Vietnam shall be performed
in compliance with provisions stated in the Investment License.
Section 6.
EXPORT, IMPORT OF GOLD PRODUCTS FOR THE PARTICIPATION IN EXHIBITIONS OR FAIRS
23. The export, import of gold
products for display at exhibitions and fairs shall be performed in compliance
with provisions of applicable laws on the promotion, commercial advertisement
and commercial fairs and exhibitions and other related legal documents.
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24. The non- trade export,
import of jewelry, fine art gold, raw material gold, piece gold shall be
performed in compliance with regulations of the Governor of State Bank of
Vietnam issued from time to time.
Chapter IV
RESPONSIBILITY OF
ORGANIZATIONS, WHICH AND INDIVIDUALS, WHO ENGAGE IN GOLD TRADING ACTIVITIES
25. To seriously carry out
the gold trading activities in compliance with the scope stipulated in the
business registration certificate and applicable provisions of this Circular.
26. To regularly ensure all
conditions to be satisfied during the business process;
27. To publicize the copy of the
certificate of gold business registration, the quality, the purchase and sale
price of gold products at the transaction place and to take responsibilities
before the Law for the products they sell.
28. To perform the regime on the
accounting and statistics in compliance with provisions of applicable laws on
accounting and statistics
29. To have a plan of safety
security, environment protection, prevention and treatment of fire and
explosion
30. In addition to provisions in
points 25, 26, 27, 28 and 29 of this Circular, organization, which and
individuals, who, engage in gold trading activities shall be responsible:
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b. to give written notice of
trademark of enterprises to the State Bank branches in provinces, cities where
their head offices are located for its supervision;
c. to affix organizations,
individuals' trademark, gold quality code on their products
d. to assure the gold quality,
which is sealed on products and to take responsibility for their own products
before the laws.
31. Enterprises, which produce
piece gold, shall comply with provisions stated in the permit, register
trademark and product quality with the State Bank of Vietnam (Foreign Exchange
Control Department) and seal trademark, weight, quality and continuous serial
number on the piece gold products, which they produce and process.
Chapter V
REPORT, INVESTIGATION
AND DEALING WITH VIOLATIONS
Section 1.
REPORTING REGIME
32. For organizations,
individuals
a. Gold trading organizations,
which and individuals, who produce jewelry gold, fine art gold, piece gold,
export, import raw material gold, piece gold shall be required to submit
quarterly, annual reports on their gold trading performance according to the
form at Appendix 4 to the State Bank of Vietnam (Foreign Exchange Control
Department) and State Bank branches in provinces, cities where their head
offices are located.
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c. Foreign invested enterprises,
which engage in the production and processing of jewelry and fine art gold,
shall be required to submit report to the State Bank of Vietnam (Foreign
Exchange Control Department) and State Bank branches in provinces, cities where
their head offices are located of their performance of gold export, import and
gold products sale in Vietnam in conformity with the form at Appendix 7.
33. For State Bank braches in
province, cities
State Bank branches in
provinces, cities shall submit to the Governor of State Bank of Vietnam
(Foreign Exchange Control Department) an annual consolidated report on the
management to gold trading activities according to the form at Appendix 8.
34. Reporting time limit
- For quarterly report: by10th
of the first month of the following quarter at the latest;
- For annual report: by 10th
of January of the following year at the latest
Section 2.
SUPERVISION AND INSPECTION
35. Organizations, which and
individuals, who engage in gold trading, shall be subject to the supervision
and inspection of the State Bank of Vietnam and the State competent agencies of
the compliance with the provisions of the State on the management to the gold
trading activities, provisions of this Circular and other related legal provisions
of applicable laws.
Section 3. Dealing with
violations
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Chapter VI
IMPLEMENTING PROVISION
37. This Circular shall be
effective after 15 days since the date of publication in the Official Gazette
and shall replace the Circular No. 07/2000/TT-NHNN dated 28 April, 2000 of the
Governor of State Bank guiding the implementation of the Decree No.
174/1999/ND-CP dated 9 December, 1999 of the Government on the management to
gold trading activities.
38. The Director of the
Administration Department, the Chief Inspector, the Director of Foreign
Exchange Control Department, Heads of concerning units and General Managers of
the State Bank of Vietnam's branches in provinces and cities under the central
Government's management, organizations, individuals engaging in gold trading
activities shall be responsible for the implementation of this Circular.
FOR
THE GOVERNOR OF STATE BANK
DEPUTY GOVERNOR
Phung Khac Ke
APPENDIX 1
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Name of enterprise
No:........./............
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------
..............,
Date.............
APPLICATION FOR PIECE GOLD PRODUCTION PERMIT
To:
The State Bank of Vietnam
(Foreign Exchange Control Department)
1. Name of Enterprise:
2. Head office: (clearly state
address, ward, town, district, city, province)
3. Tel No.: Fax No.:
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5. Establishment decision:
6. Business registration
certificate No.:
Based on the conditions stated
in the Circular No. ........dated.......of the Governor of the State Bank
guiding the implementation of the Decree No. 174/1999/ND-CP dated 9 December,
1999 of the Government on the management to gold trading activities and the
Decree No. 64/2003/ND-CP dated 11 June, 2003 of the Government on the
amendment, supplement of the Decree No. 174/1999/ND-CP, we would like to
suggest the State Bank of Vietnam to permit ................(name of
enterprise) to produce ......Kg of piece gold in the year........
We would like to commit:
- To take full responsibility
before the laws for documents, files submitted to the State Bank;
- To strictly comply with provisions
on the management to gold trading activities, provisions on foreign exchange
control and other related regulations of Vietnam's laws as well as the
provisions stated in the gold production permit in case of being granted by the
State Bank.
General
Director (Director)
(sign and seal)
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- A notarized copy of Enterprise
establishment decision;
- A notarized copy of Business
registration certificate;
- A report on status of premise,
machines, equipment;
- A report on situation of
managerial officers, technicians, professional workers
- A report on the performance of
piece gold production in previous year (in respect of enterprises which were
granted with piece gold production permit in previous year)
APPENDIX 2
Name of enterprise
No:........./............
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..............,
Date.............
APPLICATION FOR GOLD IMPORT/EXPORT
To:
The State Bank of Vietnam (Foreign Exchange Control Department)
(Organizations, which, individuals, who import raw material gold for product
processing and re-import for foreign countries shall send to the State Bank
of Vietnam's branch in province/city…)
1. Name of organization/
individual:
2. Head office: (clearly state
address, ward, town, district, city, province)
3. Tel No.: Fax No.:
4. Full name of competent
representative
5. Establishment decision:
6. Business registration
certificate No.
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1- Type gold applied for
import/export:
2- Import/export purpose:
3- Import/Export via border
checkpoint
4- Time planned for
import/export:…/…
We would like to undertake:
- To take full responsibility
before the laws for documents, files submitted to the State Bank;
- To strictly comply with provisions
on the management to gold trading activities, provisions on foreign exchange
control and other related regulations of Vietnam's laws as well as the
provisions stated in the gold export/import permit granted by the State Bank.
Competent
representative of organization, individual
(sign and seal)
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- A notarized copy of Enterprise
establishment decision, of business registration certificate;
- A notarized copy of gold
exploitation permit (in respect of gold exploiting enterprises asking for the
export of raw material gold);
- A report on the result of
business operation in the latest 6 months (in the event of asking for the
export, import of raw material gold, piece gold);
- Processing contract entered
into with foreign party (in the event of gold import for processing and
re-export).
APPENDIX 3
Name of enterprise
No:........./............
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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APPLICATION FOR QUOTA ASSIGNMENT OF RAW MATERIAL
GOLD IMPORT
(applicable to foreign invested enterprises)
To:
The State Bank of Vietnam
(Foreign Exchange Control Department)
1. Name of enterprise:
2. Head office: (clearly state
address, ward, town, district, city, province)
3. Tel No.: Fax No.:
4. Full name of Director
(General Director):
5. Investment Licence No:… date
of issue:..................
6. Form of investment: (100%
foreign capital/ joint venture…)
7. Total investment capital: in
the licence Performed
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- borrowed capital: - -
8. Export ratio:
- In the investment
licence:
- Performed:
9. Number of staff, workers:
10. Time commencing operation:
Based on the conditions stated
in the Circular No. ........dated.......of the Governor of the State Bank
guiding the implementation of the Decree No. 174/1999/ND-CP dated 9 December,
1999 of the Government on the management to gold trading activities and the
Decree No. 64/2003/ND-CP dated 11 June, 2003 of the Government on the amendment,
supplement of assign the quota of raw material gold import to
................(name of enterprise) with specific contents as follows:
Order
Description
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Quality
(%)
Weight
(Kg)
Estimated value
(USD)
1
...
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2
…
...
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Total
We would like to undertake:
- To take full responsibility
before the laws for documents, files submitted to the State Bank;
- To strictly comply with provisions
on the management to gold trading activities, provisions on foreign exchange
control and other related regulations of Vietnam's laws as well as the import
quota.
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Enclosed files:
- A notarized copy of Investment
Licence (only submitted in the first time or in the event of any change);
- A report on the performance of
gold export, import and gold product sale in Vietnam
- A plan on the production,
business of jewelry, fine art gold in the planned year
APPENDIX 4
Name of organization/
individual:
Address:.…...........
Tel:...........… Fax:…
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To:
- The State Bank of Vietnam (Foreign Exchange Control Department)
- The State Bank's branch in province/city…
REPORT ON THE PERFORMANCE OF GOLD TRADING
ACTIVITIES
Quarter:… of the year:
(applicable
to organization, individual engaging in the production of jewelry, fine art
gold, piece gold and export, import of raw material gold)
Unit:
Kg (Weight), USD, VND (value)
Target
Weight
(equivalent to 99,99%)
Value
%+
compared with previous period
1. Production (including
processing for domestic organization/ individual)
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Jewelry-fine art gold:
Piece gold:
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2. Processing for foreign
party
3. Purchase turnover
In which:
Jewelry- Fine art gold:
Raw material gold:
Piece gold
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4. Sale turnover
In which:
Jewelry- Fine art gold:
Raw material gold:
Piece gold
...
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...
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5. Import (value stated in
USD)
In which:
Jewelry- Fine art gold:
Raw material gold:
Piece gold
6. Export (value stated in
USD)
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Jewelry- Fine art gold:
Raw material gold:
Piece gold
Drawer
...
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…,
Date…
Competent
representative
(sign and seal)
APPENDIX 5
Name of organization/
individual:
Address:
Tel:…............ Fax:
...............
:
To:
The State Bank of Vietnam's branch in province, city.......
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(applicable
to organization, individual engaging in the purchase, sale and processing of
gold)
Unit:
Kg (Weight), USD, VND (Value)
Target
Weight
(equivalent to 99,99%)
Value
%+
compared with previous period
1. Processing for domestic
organization:
Jewelry-Fine art gold
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2. Processing and re-export
for foreign party
3. Purchase turnover
In which:
Jewelry- Fine art gold:
Raw material gold:
Piece gold
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4. Sale turnover
In which:
Jewelry- Fine art gold:
Raw material gold:
Piece gold
...
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5. Import (value stated in
USD)
In which:
Jewelry- Fine art gold:
Raw material gold:
Piece gold
6. Export (value stated in
USD)
...
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Jewelry- Fine art gold:
Raw material gold:
Piece gold
Drawer
...
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…,
Date…
Competent
representative
(sign and seal)
APPENDIX 6
STATE
BANK OF VIETNAM
BRANCH IN CITY/PROVINCE…
--------------
No:
…
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------
..............,
Date.............
...
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To respond the request of
(name of organization/ individual.…) in the document No. …, the State Bank of
Vietnam's branch in city, province wishes to express its opinion as follows:
1. To permit (name of
organization, individual…) to import …Kg (in words) of raw material gold for
processing and re-export. The import shall be made through the border
checkpoint…
2. (Name of organization,
individual…) is responsible to use the imported gold properly as stated at
point 1 of this Official Dispatch and to strictly comply with provisions in the
Decree No. 174/1999/ND-CP dated 9 December, 2003 of the Government on gold
trading management, the Decree No.64/2003/ND-CP dated 11 June, 2003 of the
Government on the amendment, supplement of several articles of the Decree No.
174/1999/ND-CP, the Circular No. …of the Governor of the State Bank and other
applicable related provisions.
3. (Name of organization,
individual…) must re-export all the products, which are processed from imported
raw material gold before the date of…
4. This document shall be valid
until the date of…
To:
-
Above-mentioned organization /individual
- SBV (FECD) for report
- Kept in branch
STATE
BANK OF VIETNAM'S BRANCH IN CITY, PROVINCE
DIRECTOR
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APPENDIX 7
Name of enterprise:
Address:
Tel:
Fax:
To:
- The State Bank of Vietnam (Foreign Exchange Control Department)
- The State Bank of Vietnam's branch in city, province…
REPORT ON GOLD EX-IMPORT AND GOLDEN PRODUCT
CONSUMPTION IN VIETNAM
Year:…
(Applicable to Foreign invested enterprises)
Unit:
Kg; domestic currency
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Quota
(Weight)
Outstanding at the beginning of the period
Import
Domestic purchase
Export
Domestic sale
Outstanding at the end of the period
Weight
...
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Weight
Value
Weight
Value
Weight
Value
Weight
Value
Weight
...
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1
2
3
4
5
6
7
8
...
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10
11
12
13
14
...
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...
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...
...
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Total
...
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Drawer
Controller
.…,
Date…
General
Director (Director)
(sign and seal)
APPENDIX 8
STATE
BANK OF VIETNAM
BRANCH IN CITY/ PROVINCE:…
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To:
The State Bank of Vietnam (Foreign Exchange Control Department)
REPORT ON GOLD TRADING CONTROL
Year:…
1. Number of organizations, individuals
engaging in gold trading at locality:
Operation registration
Forms of enterprise
State owned enterprise
Private enterprise
Limited liability, joint stock
company, partnership
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1
2
3
4
5
1. Jewelry- fine art gold
trading and processing
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2. Jewelry-fine art gold
production
2. Business performance:
Unit:
Kg (Weight), USD, VND (Value)
Target
Weight
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Value
Increasing/ Decreasing compared
with previous period
1. Production (including
processing for domestic organization, individual)
Jewelry- Fine art gold
Piece gold
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2. Procession and re-export
for foreign party
3. Import (value stated in
USD)
- Jewelry, Fine art gold:
- Raw material gold:
- Piece gold
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4. Export (value stated in
USD)
- Jewelry- Fine art gold:
- Raw material gold:
- Piece gold
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Drawer
Control
…,
Date…
Director
(sign and seal)