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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
24/2012/ND-CP
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Hanoi,
April 03, 2012
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DECREE
ON GOLD BUSINESS ACTIVITIES
Pursuant to Law on the organization
of the Government of December 25, 2001;
Pursuant to Commercial Law
No.36/2005/QH11 of June 14, 2005;
Pursuant to Enterprise Law of
November 29, 2005;
Pursuant to Law on the State
Bank of Vietnam No. 46/2010/QH12 of June 16, 2010;
Pursuant to Law on credit
institutions No. 47/2010/QH12 of June 16, 2010;
At the proposal of the
Governor of the State Bank of Vietnam;
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Chapter 1.
GENERAL PROVISIONS
Article 1.
Governing scope
1. This Decree regulates gold
business activities including: production and processing of gold jewellery and
fine arts; purchase and sale of gold jewellery and fine arts; purchase and sale
of gold bars; import and export of gold and other gold businesses, including
gold trading via accounts and gold derivative activities.
2. This Decree is not applicable
to gold exploitation and refinery by gold exploiting enterprises.
Article 2.
Scope of regulation
This Decree applies to
organizations and individuals that carry out gold business in the territory of
Vietnam and other agencies, organizations and individuals relating to gold
business activities.
Article 3.
Interpretation of terms
In this Decree, the following
terms shall be construed as below:
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2. Gold bars means gold molded
into bars, engraved with letters, weight indicators, quality, the symbol and
the sign of producing enterprises and credit institutions licensed by the State
Bank of Vietnam (hereinafter referred to as the State Bank) to produce, or gold
bars produced by the State Bank’s in each specific period
3. Gold material means gold
bullions, bars grains, pieces and other types.
4. Gold business activities via
accounts means gold trading via accounts in the form of deposit transactions
and the net value shall be constantly re-evaluated in line with fluctuations in
gold price.
Article 4.
Principles of management
1. Organizations’ and
individuals’ gold ownership is recognized and protected by law.
2. The State Bank is the agency
that, on behalf of the Government, uniformly manages gold business activities
in accordance with provisions of this Decree.
3. The State shall exclusively
produce gold bars, export gold material and import gold material for production
of gold bars.
4. The gold business must be
managed in order to sustainably develop and stabilize the gold market, ensuring
the production and processing of gold jewellery and fine arts to serve the
domestic market and export in accordance with law provisions.
5. Organizations and individuals
doing gold business must comply with this Decree and other relevant law
provisions.
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7. The business of gold
jewellery and fine arts is conditional and not subject to the qualification
certificate of business.
8. Gold derivative activities
made by commercial banks and branches of foreign banks must comply with Article
105 of the Law on credit institutions.
9. Gold business activities,
except gold import and export, purchase and sale of domestic gold material by
enterprises producing gold jewellery and fine arts and enterprises trading gold
jewellery and fine arts and other activities stipulated in Clause 6, 7 and 8 of
this Article, are those in the list of restricted goods and services.
Organizations and individuals shall be only entitled to do gold business after
being approved by the Prime Mister and licensed by the State Bank.
Chapter 2.
ACTIVITIES OF
PRODUCTION, PROCESSING, PURCHASE AND SALE OF GOLD JEWELLERY AND FINE ARTS
Article 5.
Conditions for producing gold jewellery and fine arts
1. Enterprises producing gold
jewellery and fine arts shall be issued with the Qualification certificate of
gold jewellery and fine arts production when the following conditions are
satisfied:
a) The enterprise is established
under law provisions that have registered to produce gold jewellery and fine
arts in the Certificate of business registration.
b) Having premises, facilities
and necessary equipment serving the production of gold jewellery and fine arts.
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Article 6.
Responsibilities of enterprises producing gold jewellery and fine arts
1. Affixing their signs, symbols
and weight on their products, announcing applicable standards and product
weight in accordance with law provisions, bearing responsibility before law for
their announced applicable standards and announced weight of gold products
manufactured by themselves.
2. Taking responsibility under
law for the announcement of applicable standards and weight of gold products
which have been processed on their behalf.
3. Complying with law provisions
on accounting regime, invoices and accounting records.
4. Taking measures for safety in
production and business, environmental protection, fire and explosion
prevention and fighting.
5. Sustaining the conditions
stipulated in Clause 1 Article 5 of this Decree
6. Complying with this Decree
and other relevant law provisions.
Article 7.
Activities of processing gold jewellery and fine arts
Individuals, households,
cooperatives and enterprises are entitled to process gold jewellery and fine
arts enterprises producing gold jewellery and fine arts and must register the
processing of gold jewellery and fine arts in the Certificate of household
business registration, Certificate of business registration or Certificate of
enterprise registration.
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Enterprises trading gold
jewellery and fine arts must meet the following conditions:
1. The enterprises is
established under law provisions and the Certificate of enterprise registration
must include the production of gold jewellery and fine arts.
2. Having premises, facilities
and equipments serving gold jewellery and fine art trading.
Article 9.
Responsibilities of enterprises trading gold jewellery and fine arts
1. Publicly posting the weight,
gold content, purchasing and selling prices of gold jewelry and fine art at the
location of transaction, taking responsibilities before law for the quality of
their products being sold in the market.
2. Complying with law provisions
on the accounting regime, invoices and accounting receipts.
3. Complying with law provisions
on measurement.
4. Taking measures and
facilities and equipment to ensure safety in business activities.
5. Complying with this Decree and
other relevant law provisions.
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PURCHASE AND SALE OF
GOLD BARS
Article 10.
Management of gold bar purchase and sale
The purchase and sale of gold
bars by organizations and individuals shall be only done at credit institutions
and enterprises being issued with the License to trade gold bars by the State
Bank.
Article 11.
Conditions for obtaining the License to trade gold bars
1. Enterprises are eligible for
the License to trade gold bars when the following conditions are satisfied:
a) Being established and
operated under law provisions.
b) Having the charter capital of
100 billion VND and above.
c) Having 2-year experience in
gold trading or more.
d) Having paid the tax on gold
business of 500 (five hundred) million VND/year or above during the two latest
successive years (upon verification of the tax authority).
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2. Credit institutions are
eligible for the License to trade gold bars when the following conditions are
satisfied:
a) Having charter capital of
3,000 (three thousand) billion VND and above.
b) Having registered gold
business.
c) Having branches and sale
offices in 5 (five) provinces and centrally-affiliated cities or more in
Vietnam.
3. The State Bank shall
stipulats the procedures and dossiers on the License to trade gold bars
applicable to enterprises and credit institutions.
Article 12.
Responsibilities of enterprises and credit institutions trading gold bars
Enterprises and credit
institutions trading gold bars are responsible to:
1. Purchase and sell only the
kinds of gold bars stipulated in Clause 2 Article 3 of this Decree.
2. Keep from gold bars trading
through authorized agents.
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4. Post the gold bar sale and
purchase price publicly at the location of transaction.
5. Take measures and equipment
to ensure safety in business activities.
6. Comply with this Decree and
other relevant law provisions.
Chapter 4.
ACTIVITIES OF GOLD
IMPORT AND EXPORT
Article 13.
Import and export of gold jewellery and fine arts
1. The import and export of gold
jewellery and fine arts shall be carried out in conformity with the Certificate
of business registration or the Certificate of enterprise registration.
2. The import and export of gold
jewellery and fine arts for international exhibitions and trade fairs shall be
carried out in accordance with provisions of the Government on international exhibitions
and trade fairs.
Article 14.
Import and export of gold material
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2. The import and export of gold
material by the State Bank shall be exempt from import and export duties under
the decisions of the Prime Minister.
3. The State Bank shall consider
and issue the License to import and export gold material for gold jewellery and
fine arts production to enterprises that have obtained the Qualification
certificate of gold jewellery and fine arts production.
4. Enterprises doing gold
business that have contracted to process gold jewellery and fine arts for foreign
country shall be issued with the License to temporary import gold for re-export
by the State bank.
5. Annually, the State Bank
shall consider and issue the License to import gold material in the planning
year to foreign-invested companies depending on the production capacity and the
report on the export of gold jewellery and fine arts in the previous year.
6. Enterprises investing in gold
exploitation overseas wishing to import gold exploited abroad shall be
considered and issued with the License to import gold material by the State
Bank.
7. Enterprises possessing the
license to exploit gold shall be considered and issued with the License to
export gold material by the State Bank .
8. The import and export of gold
material in form of powder, solution, solder, salt and other semi-finished
golden jewellery shall be carried out in conformity with the Certificate of
business registration or the Certificate of enterprise registration.
9. The State Bank shall
stipulate the conditions, procedures and dossiers on the issuance of the
License to import and export gold material in accordance with Clause 3, 4, 5, 6
and 7 of this Article.
Article 15.
Individuals bringing along gold when entering, exiting the country
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Chapter 5.
STATE MANAGEMENT OF GOLD
BUSINESS ACTIVITIES
Article 16.
Responsibilities of the State Bank
1. The State Bank is responsible
to draw up and submit the strategies, plans on gold market development to
competent authorities for issuing legal documents on management of gold
business in accordance with provisions of this Decree.
2. The State Bank is entitled to
supplement gold bars to the State foreign exchange reserve.
3. The State Bank shall
intervene in and stabilize the gold market by the following measures:
a) Importing and exporting gold
material in accordance with Clause 1 Article 14 of this Decree.
b) Organizing and managing the
production of gold bars by establishing quotas, time and methods of gold bar
production in each period. The expenses on the organization of production of
gold bars shall be accounted into the operating expenses of the State Bank.
c) Making purchase and sales of
gold bars in domestic market and mobilizing gold as regulated by the Prime
Minister.
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a) The Qualification certificate
of gold jewellery and fine arts production.
b) The Licenses to trade gold
bars.
c) The Licenses to import and
export gold material.
d) The License for individuals
who bring along gold exceeding the limit prescribed by law when entering,
exiting the country exceeding the limit prescribed by law.
đ) Licenses for other gold business
activities after having approved by the Prime Minister.
5. The State Bank shall examine
and inspect the production of gold jewellery and fine arts;the purchase and
sale of gold bars, gold jewellery and fine arts; the import and export of gold materials
and other gold business activities.
6. The State Bank shall perform
other tasks and powers related to the management of gold business under the
Prime Minister’s decisions.
Article 17.
Responsibilities of Ministries, ministry-equivalent agencies and People’s
Committees of provinces and centrally-run cities
With the scope of task, function
and power, ministries, ministry-equivalent agencies, People’s Committees of
provinces and centrally-run cities shall exercise the State management over the
following gold business activities:
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2. The Ministry of Planning and
Investment is responsible for stipulating and guiding the issuance of the
Certificate of Enterprise Registration for enterprises doing gold business,
making and sending a copies of the issued Certificated of Enterprise to the
State Bank branches of provinces and centrally-run cities for implementation in
cooperation.
3. The Ministry of Finance shall
cooperate with the State Bank in submitting policies on gold import and export
duties, value added tax, special consumption tax and income tax applicable to
gold business activities for each specific period to competent bodies for
issuance or issue such policies within its scope of power.
4. Ministry of Science and
Technology shall cooperate with relevant competent agencies in promulgating
quality standards applicable to gold jewellery and fine arts; examine, inspect
and manage quality of gold jewellery and fine arts for sale in the market and
test measurement tools used by enterprises doing gold business.
5. The Ministry of Public
Security coordinates with other relevant ministries and services to fight
against, investigate and handle violations of laws within its scope of task and
power as prescribed by law.
6. People’s Committees of
provinces and centrally-run cities within their relevant scope of task and
power exercises State management over local gold business activities in
accordance with provisions of this Decree and other provisions of applicable
law.
Article 18.
Inter-service coordination in management of gold business activities
Depending on reality, relevant
ministries and branches shall cooperate and share information to serve the
management of gold business activities, investigate and inspect in cooperation
the gold business as prescribed by law.
Chapter 6.
ACTS OF VIOLATION
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Acts of violation of gold
business include:
1. Producing gold jewellery and fine
arts without the Qualification certificate of gold jewellery and fine arts
production issued by the State Bank.
2. Purchasing and selling gold
bars, importing and exporting gold materials without the license issued by the
State Bank.
3. Individuals bringing along
gold when entering, exiting the country exceeding the limit prescribed by law
without the written permission from the State Bank.
4. Using gold as a mean of
payment.
5. Producing gold bars in
contravention of this Decree.
6. Conducting other gold
business without being permitted by the Prime Minister licensed by the State
Bank.
7. Violations of other
provisions of this Decree and other relevant law provisions.
Chapter 7.
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Article 20.
Reporting system
Enterprises and credit
institutions doing gold business shall report their production of gold
jewellery and fine arts; purchase and sale of gold bars, import and export of
gold in compliance with provisions of the State Bank and competent bodies.
Article 21.
Transition provisions
1. Within the period of 12
months as from the effective date of this Decree:
a) Organizations producing gold
jewellery and fine arts must register their business again at registration agencies
and complete the procedures for obtaining the Qualification certificate of gold
jewellery and fine arts production at the State Bank in compliance with this
Decree and other relevant law provisions.
b) Organizations trading gold
jewellery and fine arts must register their business again at registration
agencies.
2. The State Bank shall
prescribes the time limit and transitional procedures applicable to enterprises
and credit institutions trading gold bars.
3. The License to produce gold
bars issued by the State Bank shall expire as from the day this Decree takes
effect.
Article 22.
Effect
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Article 23.
Implementation responsibilities
1. The Governor of the State
Bank of Vietnam is responsible for guiding and organizing the implementation of
this Decree.
2. Ministries, Heads of
ministry- equivalent agencies, Heads of governmental bodies, Chairmen of
People’s Committees of provinces and centrally-run cities and other relevant
organizations and individuals shall implement this Decree.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung