THE STATE BANK OF VIETNAM
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
07/TT-NH
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Hanoi, October 29, 1993
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GUIDING
THE IMPLEMENTATION OF THE REGULATION NO. 63/CP
DATED ON SEPTEMBER 24, 1993 OF THE COUNCIL OF MINISTER ABOUT THE STATE
MANAGEMENT ON GOLD BUSINESS ACTIVITIES.
The Council of Ministers
promulgated the Regulation No 63/CP dated on September 24,1993 about the State
management on gold business activities. Referring to the Article 7 of this
Regulation, the Governor of the State Bank of Vietnam guides the
implementations as follows :
I. GOLD OWNERSHIP AND LIMITATION OF THE STATE MANAGEMENT ON GOLD
BUSINESS ACTIVITIES (ARTICLE 1 AND ARTICLE 2)
1. Organizations and individuals
having gold in any legal form of ownership's, irrespective of amount, have the
right to transfer hold, transport, mortgage of deposit and banks, banks will
keep gold in request of organizations and individuals.
2. The State Bank of Vietnam
performances the State management on gold business activities, these include
purchasing, selling, mortgaging processing, producing, exporting, importing
gold, objects to the State management stipulated in the chapter II following
II. THE OBJECTS, CONDITIONS, PROCEDURE, LIMITATIONS AND
RESPONSIBILITIES (ARTICLE 3,4,6)
1. The Object to permit for gold business activities are
entities (the State enterprises, the
limited companies, shares holding companies, private enterprise, enterprise
with foreign capital) which are established in conformity with prevailing laws
(the Regulations for establishment and winding up of the State enterprises, the
company laws, the private company law, the foreign investment law)
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a. Legal capital
a1. In respect of State
enterprises must have 250 million dong of legal capital in currency or in gold
equally.
In the case, institutes wanting
to establish one more of gold business branch (in side or out side of location)
must present an application to director of local branch of the State Bank for
consideration of specific cases, granting license in this case is not based on
legal capital level stated above.
a2. In respect of the private
enterprises :
- Institutes must have 150
million dong of legal capital in currency or in gold equally in Hanoi and Ho
Chi Minh city.
- Institutes must have 50
million dong of legal capital in currency or in gold equally in delta areas.
- Institutes must have 25
million dong of legal capital in currency or in gold equally in mountain areas.
a3. In respect of the limited
companies and the joint stock companies:
- Institutes must have 200
million dong of legal capital in currency or in gold equally in Hanoi and Ho
Chi Minh city.
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- Institutes must have 30
million dong of legal capital in currency or in gold equally in mountain areas.
b. Technical qualifications :
The gold business institutes
must have :
- Trained workers at least from
3 level of scale upward, workers must have skill trained certificates issued by
the centers, schools which are established in accordance with the prevailing
law, institutes present the worker-trained certificates to local branch of the
State Bank for examinations.
- Accurate scales instruments,
which granted an using license by a branch of measure examination agency at
Province and City level in the location, at which the institute seating.
c. The seat
a. A seat of gold business institute
is started clearly (number, District, Street, Quarter, Townlet, City) and must
be agreed by the People Committee of District, Townlet for setting a seat.
The institute must register new
seat again and communicate its decision to branch of the State Bank at province
or City as stipulated in this Circular.
3. Procedure of applying for a
license.
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- The application for issuance
of a license
- The permit for establishment
institute
- The charter of institute
- The certificate of depositing
at banks (in Vietnam dong or foreign currency, gold)
- The level trained certificate
of workers, the permit for its seat.
Director of Province branch or
City of the State Bank base on the Regulations provided above for the objects
and conditions to consider and issue a license to gold business institutes.
4. The limitations for gold
business activities :
The institute having an
operating license for gold business activities have the rights as follows :
- Purchasing, selling gold
nuggets, gold leaf, gold decorative, personal product, block of gold, a stick
of gold, a slime of gold in domestic markets.
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- When having a license of
exports from the State Bank, the institutes
are authorized to export for collecting foreign currencies.
- Entering into a Joint-Venture
company with foreign organizations are foreign private persons to operate on
gold business area in accordance with the investment law.
5. The responsibilities for gold
business institutes
The institutes purchasing,
selling gold must comply with the regulations following :
- Using the forms of bill set by
the Ministry of Finance, the bill must reflect : customers, quantity, weight,
quality, worth of gold purchased or
sold.
- Applying the accounting regime
and keeping book accounts, accounting vouchers according to the Ordinance on
accounting and statistics.
- Products of gold business
institutes sold must meet quality, weight, mark, sign registered with Province
or City branch of the State Bank.
- Seriously, observing the tax
policies of the State, incurring an audit of Province or City Branch of the
State bank for Conditions limitations quality, weight, prices, incurring a
posted up control audit by the People Committee, the economic arbitration, measure-examination
department, financial unit and conduct control Market Committee of Province or
City for Implementing the Regulations of
the State.
- Paying license fee stipulated
by the State Bank and Ministry of Finance.
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- Private persons, who want to
open a processing, producing shop, must submit a document to director of
Province, City branch of the State Bank. The document includes :
a. The application for
processing, producing gold, applicants must committee to do what they have applied
for. If they operate out of what they have applied, their operating license
shall be withdrawn and incurred administrative penalty.
b. The certificate of skill
level issued by the center or the training school (established in accordance
with prevailing Law)
c. Permit certificate of the
District People Committee for setting seat (shop)
III. GOLD EXPORTATION AND IMPORTATION
1. Gold importation is
implemented by the State Bank, in necessary case, the Governor of the State
Bank of Vietnam may allow a number of gold business institutes, which have
prestige enough capital for importation (certificate by keeping account banks)
to import in indirect forms through the
State Bank.
2. Exportations for of
decorative personal products of Institutes must implemented under a license for
exporting issued by director of Province branch of the State Bank or city.
In the case of exporting
decorative personal products only need a contract with foreign partner and
quality tested certificate from City branch of the State Bank or Province to
present to Customs
There is no need of a license
for exporting from director of Province branch of the State Bank or City.
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2.1 The license of gold business
issued by director of City branch of the State Bank or Province.
2.2 The contract with foreign
partner for purchasing, selling decorative personal products, the contract
clearly reflect quantity, weight, quality, worth, manner of payment, the
international commercial terms, products, timing, markets.
2.3 The quality-tested
certificate issued by Province branch of the State Bank or City.
2.4 The application for
exporting decorative personal products are submitted to director or City branch
of the State Bank or Province, the application must be stated the border gate
and the Regulations stipulated at 2.2 point.
3. Institutes exporting,
processing, producing gold to be exported gold material or block of gold, stick
of gold will be considered and issue
exporting license for each time by the Governor of the State Bank of Vietnam.
4. Institutes must pay a fee for
grating a license and testing stipulated by the State bank and the Ministry of
Finance
5. When Vietnamese citizens and
foreign citizens entering, exiting are authorized to bring gold in accordance
with the Regulations on foreign exchange management of the Socialist republic of Vietnam and others Regulations
set by the Governor of the State Bank on gold management.
IV. VIOLATIONS AND PENALTIES (ARTICLE 8)
1. In accordance with article
11,13,14,15,16 of the chapter II of administrative penalty Decree Law, gold
business institutes violating provisions in the Regulation No 63 dated on
September 24, 1993 of the Council of Ministers and this Circular depending. on
serious level of violations will be subjects to one of the following forms of
penalties : confiscating exhibit and incurred a fine up three times of the
value of exhibit confiscated or withdrawing operating license. In serious case,
violator shall be subjects to criminal pursuit in compliance with operating
license with the prevailing Laws.
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2. The authorities of penalties
:
The Penalties are implemented by
the State organizations and authorized persons stipulated at Article 17 chapter
III "decree Law on administrative penalties of violations".
V. THE IMPLEMENTATION PROVISIONS (ARTICLE 7,8,9)
The gold business institutes
must report the status and its results of its business operations to Province
branch of the State Bank of City where they seat monthly, yearly.
The Directors of Province branch
of the State Bank or City are responsible for monitoring and supervising the
executions of gold business institutes in order to observe the provisions of
this Circular seriously, reporting the status of executions to the Governor of
the State Bank (foreign exchange department) (not later than 15 days of the
close quarter)
Within 60 days from the date of
promulgating of this Circular, the institutes, which already had an operating
license before promulgating if this Circular, must reapply for gold business
license.
Within 15 days from the dated of
receipt an application for gold business activities the director of Province branch of the State Bank
or City shall be responsible for reapplying to the institutes.
- The Province branches of the
State Bank or City will refunds the depositing for issuance of the license
for gold business before.
- Ministries, agencies
subordinated to the Council of Minister, The Province Peoples Committee or
City, each within his functions and authorities will be responsible for
coordinating of implementations of this Circular.
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FOR THE STATE BANK OF VIETNAM
DEPUTY GOVERNOR
Le Van Chau