THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
64/2003/ND-CP
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Hanoi, June 11, 2003
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DECREE
ON
THE AMENDMENT, SUPPLEMENT OF THE DECREE No. 174/1999/ND-CP DATED 9 DECEMBER,
1999 OF THE GOVERNMENT ON THE MANAGEMENT TO GOLD TRADING ACTIVITIES
THE GOVERNMENT
- Pursuant to the Law on Government organization dated 25 December,
2001;
- Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated 12
December, 1997;
- Upon the proposal of the Governor of State Bank of Vietnam,
DECREES:
Article 1. To amend and supplement several Articles of the Decree
No. 174/1999/ND-CP dated 9 December, 1999 of the Government on the management
to gold trading activities as follows:
1. Article 7 on the competence
to adjust charter capital shall be repealed.
2. Article 8 shall be amended as
follows:
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1. Organizations and individuals
engaging in gold trading activities, processing of jewelry and fine art gold
should fully satisfy following conditions:
a) Their business registration
must be made in compliance with provisions of applicable laws.
b) Their material, technical
conditions and equipment satisfy the requirements of gold trading, production
and processing of jewelry, fine art gold
c) Their workers possess
professional skills satisfying requirements of gold trading activities,
production and processing of jewelry, fine art gold."
2. Article 9 shall be amended as
follows:
"Article 9. Production of
piece gold
Based on monetary objectives and
policies from time to time, the State Bank shall grant a permit to produce
piece gold to enterprises, which fully satisfy following conditions:
1. Being enterprises, which have
made business registration for production of jewelry, fine art gold;
2. Their material, technical
conditions and equipment satisfy the requirements of piece gold production;
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3. Article 11 shall be amended
as follows:
" Article 11. Export and
import of jewelry and fine art gold
1. The export and import of
jewelry and fine art gold shall be carried out according to the enterprise's
certificate for business registration and the regulation of Prime Minister on
export-import management.
2. The export and import of
jewelry and fine art gold for participating in exhibitions and fairs shall be carried
out in accordance with the regulation of the Government on commercial fair and
exhibition."
4. Article 12 shall be amended
and supplemented as follows:
" Article 12. Export and
import of raw material gold and piece gold
1. The export and import of raw
material gold in the forms of foil, stick, powder, solution, welded scab and
jewelry gold of all kinds in the forms of semi-finished products shall be
carried out in accordance with the certificate of business registration of
enterprises and the regulation of Prime Minister on export-import management.
2. Based on monetary policies
from time to time, the State Bank shall permit enterprises, which have
registered for gold export and import, to export, import raw material gold in
forms of bar, bullion, dust, piece.
3. Organizations and individuals
trading in gold, which have entered into the gold processing contract with
foreign countries, shall be permitted by the State Bank to import raw material
gold in forms of bar, bullion, dust, piece for implementing the processing
contract with foreign countries.
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Article 2. This Decree shall be effective after 15 days since the
date of publication in the Official Gazette. The regulations in the Decree No.
174/1999/ND-CP dated 09 December, 1999 which are already amended at Article 1
of this Decree shall cease its effectiveness since the effectiveness of this
Decree.
Article 3. The State Bank of Vietnam shall be responsible for
guiding the implementation of this Decree.
Article 4. Ministers, Heads of Ministerial agencies, Heads of
Governmental offices, Chairmen of People's committees in provinces and cities
under the central Government's management shall take responsibility for the
implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai