THE STATE BANK
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
03/2006/QD-NHNN
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Hanoi, January 18, 2006
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DECISION
ON
GOLD TRADING VIA OVERSEAS ACCOUNTS
THE GOVERNOR OF THE STATE BANK
Pursuant to the December 12, 1997 Law on the State Bank of Vietnam and
the June 17, 2003 Law Amending and Supplementing a Number of Articles of the
Law on the State Bank of Vietnam;
Pursuant to the December 12, 1997 Law on Credit Institutions and the June 15,
2004 Law Amending and Supplementing a Number of Articles of the Law on Credit
Institutions;
Pursuant to the Government's Decree No. 52/2003/ND-CP of May 19, 2003, defining
the functions, tasks, powers and organizational structure of the State Bank of
Vietnam;
At the proposal of the Director of the Foreign Exchange Management Department,
DECIDES:
Article 1.- Governing scope and subjects
This Decision governs the
trading in gold via overseas accounts by credit institutions licensed to
conduct foreign exchange operations and engaged in gold trading activities
(hereinafter called credit institutions for short) and gold-trading
enterprises.
Article 2.- Interpretation of terms
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2. "Gold position of credit
institutions" means the gold balance on overseas gold accounts of credit
institutions.
3. "Gold position of
gold-trading enterprises" means the gold balance on overseas gold accounts
of enterprises.
4. "Converted gold position
price" means the buying price at the opening time of credit institutions
or gold-trading enterprises.
Article 3.- Conditions for gold trading
via overseas accounts
1. General conditions:
a/ Having effective internal
control systems and regulations on risk management in the gold trading domain.
b/ Having at least 01 (one) year
of experience in gold trading, import and export activities.
c/ Not violating regulations on
the management of gold-trading activities.
2. For credit institutions:
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b/ Having the gold deposit
mobilization balance of 500 (five hundred) kilograms of gold or more, counting
to the last day of the month preceding the date of filing applications for gold
trading via accounts.
3. For gold-trading enterprises:
Having their own capital of VND
100 billion at a minimum.
Article 4.- Procedures for grant of
permits for gold trading via overseas accounts
1. Basing themselves on the
conditions set in Article 3 of this Decision, credit institutions and
gold-trading enterprises shall send dossiers of application for permits for
gold trading via overseas accounts to the State Bank of Vietnam (through the
Foreign Exchange Management Department). Such a dossier comprises:
a/ An application for a permit
for gold trading via overseas accounts;
b/ Copies of the foreign
exchange operation permit and business registration certificate, for credit
institutions; or a copy of the business registration certificate, for
gold-trading enterprises;
c/ A plan on gold trading via
overseas accounts, the operational process of trading in gold via overseas
accounts;
d/ A report on the latest year's
situation of gold trading, import and export, and gold mobilization and lending
activities.
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Article 5.- Gold position limit
1. Credit institutions shall
maintain the gold position calculated at the converted gold position price not
exceeding ± 20% of their own capital.
2. Gold-trading enterprises
shall maintain the gold position calculated at the converted gold position
price not exceeding ± 100% of their own capital.
Article 6.- Responsibilities of credit
institutions and enterprises licensed to trade in gold via overseas accounts
1. To be accountable for the
efficiency and safety in their activities of gold trading via overseas
accounts.
2. To observe the provisions of
law on foreign exchange management and gold-trading activity management and the
provisions of this Decision.
3. To send by the 5th day of a
month reports on the preceding month's situation of gold trading via overseas
accounts to the State Bank of Vietnam (through the Foreign Exchange Management
Department) and its branches in provinces or centrally run cities where they
are headquartered.
Article 7.- Handling of violations
Organizations or individuals
that violate the provisions of this Decision shall, depending on the nature and
seriousness of their violations, be sanctioned for administrative violations in
the monetary and banking activities or examined for penal liability.
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1. The Director of the Foreign
Exchange Management Department and heads of units under the State Bank shall
have to implement this Decision.
2. The Director of the
Finance-Accounting Department shall have to guide accounting of transactions of
gold trading via overseas accounts.
3. The chief inspector of the
State Bank and directors of the State Bank's provincial/municipal branches
shall have to inspect and supervise the implementation of this Decision by
credit institutions and enterprises licensed to trade in gold via overseas
accounts according to their decentralized management responsibilities.
4. General directors (directors)
of credit institutions and gold-trading enterprises licensed to trade in gold
via overseas accounts shall be accountable before the State Bank Governor for
the implementation of this Decision by their respective units.
5. Within 30 days after the
effective date of this Decision, credit institutions and enterprises that are
trading in gold via overseas accounts must carry out procedures of application
for permits under the provisions of this Decision.
Article 9.- Implementation effect
This Decision takes effect 15
days after its publication in "CONG BAO."