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STATE
BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
03/2017/TT-NHNN
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Hanoi,
June 06, 2017
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CIRCULAR
AMENDMENTS
TO THE CIRCULAR NO. 16/2012/TT-NHNN DATED MAY 25, 2012 BY THE GOVERNOR OF THE
STATE BANK OF VIETNAM PROVIDING GUIDANCE ON CERTAIN ARTICLES OF THE
GOVERNMENT’S DECREE NO. 24/2012/ND-CP DATED APRIL 03, 2012 ON MANAGEMENT OF
GOLD BUSINESS ACTIVITIES
Pursuant to the Law on State
Bank of Vietnam No. 46/2010/QH12 dated June 16, 2010;
Pursuant to the Law on Credits
Institutions No. 47/2010/QH12 dated June 16, 2010;
Pursuant to the Government’s
Decree No. 16/2017/ND-CP dated February 17, 2017 defining the functions, tasks,
powers and organizational structure of the State Bank of Vietnam;
Pursuant to the Government’s
Decree No. 24/2012/ND-CP dated April 03, 2012 providing for management of gold
business activities;
At the request of Director of
the Foreign Exchange Management Department;
The Governor of the State Bank
of Vietnam promulgates this Circular to provide amendments to the Circular No.
16/2012/TT-NHNN dated May 25, 2012 by the Governor of the State Bank of Vietnam
providing guidance on certain articles of the Government’s Decree No.
24/2012/ND-CP dated April 03, 2012 on management of gold business activities
(hereinafter referred to as the Circular No. 16/2012/TT-NHNN).
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1. Amendments to
Article 8:
“Article 8. Application for
Certificate of eligibility to manufacture gold jewelry and goldsmiths’ wares
1. The application for Certificate of eligibility to manufacture gold jewelry
and goldsmiths’ wares (using the template stated in the Appendix 1
enclosed herewith).
2. Certificate
of enterprise registration and documents proving that the enterprise has
registered for manufacture of gold jewelry and goldsmiths’ wares under
effective regulations of law.
3. Documents
or materials proving the ownership or rights to use the manufacturing location;
declaration of material facilities and equipment serving the manufacture of
gold jewelry and goldsmiths' wares."
2. Amendments to
Article 9:
“Article 9. Application for
License to trade gold bullion
1. The application for License to trade gold bullion submitted by an
enterprise includes:
a) The application
for License to trade gold bullion (using the template stated in the
Appendix 2 enclosed herewith);
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c) Certificate of enterprise
registration, Certificate of registration of branch’s operation and documents proving
that locations registered as gold bullion trading locations according to the
list mentioned in Point b of this Clause have been registered with or reported
to the competent business registration agency under effective regulations of
law;
d) Certificate granted by the tax
agency to certify the amount of tax arisen from gold trading activities paid
within 02 (two) previous years.
2. The application
for License to trade gold bullion submitted by a credit institution includes:
a) The application
for License to trade gold bullion (using the template stated in the Appendix 3
enclosed herewith);
b) The list of
locations registered as gold bullion trading
locations (head office, branches or transaction offices);
c) Certificate of enterprise
registration, Certificate of registration of branch’s operation and documents
proving that locations registered as
gold bullion trading locations according to the list
mentioned in Point b of this Clause have been registered with or reported to the competent business registration agency under
effective regulations of law.”
3. Article 9a
is added to Article 9 as follows:
“Article 9a. Application for
modification of License to trade gold bullion
1. If there is
change in enterprise’s information specified in the License to trade gold
bullion, the application includes:
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b) Certificate of enterprise
registration.
2. If there is change
in names and addresses of gold bullion trading locations,
the application includes:
a) The application
submitted by an enterprise includes:
(i) The application
for change of names and addresses of gold bullion trading locations (using the template stated in the Appendix 3a enclosed herewith);
(ii) Certificate of
enterprise registration or Certificate of registration of
branch’s operation or documents proving that the
changed contents about gold bullion trading locations have been
registered with or reported to the competent business registration agency under
effective regulations of law;
b) The application
submitted by a credit institution includes:
(i) The application
for change of names and addresses of gold bullion trading locations
(using the template stated in the Appendix 3a enclosed herewith);
(ii) Certificate of enterprise
registration (if the head office is changed); the written report made by the
credit institution on the change of transaction office's name (if the name of
gold bullion trading location is changed).
3. The
application for addition of gold bullion trading locations
includes:
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b) Documents proving
that gold bullion trading locations have been registered with or
reported to the competent business registration agency under effective
regulations of law.
4. In case of
termination of gold bullion trading activities at a licensed location, the
application for approval for termination of gold bullion trading activities at
such license location which stating reason thereof shall be submitted.”
4. Amendments to
Article 19:
“Article 19. Reporting by branches of the State bank in provinces or cities
1. Branches of
the State Bank in provinces or cities shall, on the quarterly and annual basis,
submit reports to the Governor of the State Bank of Vietnam (via
the Foreign Exchange Management Department) on the management of gold business
activities in these provinces or cities (using the template stated in the
Appendix 12 enclosed herewith).
2. Branches of the
State Bank in provinces or cities shall, on the quarterly basis, submit reports
to the Governor of the State Bank of Vietnam (via the Foreign Exchange
Management Department) on the issuance, revocation and medication of
Certificate of eligibility to manufacture gold jewelry and goldsmiths’ wares in the previous quarter (using the template stated
in the Appendix 12a enclosed herewith).
3. Branches of the
State Bank in provinces or cities shall, on the quarterly basis, submit reports
on gold material trading by enterprises in such provinces or cities in
the previous quarter to market surveillance agencies and tax agencies for
management and inspection.
4. When
granting License to import gold material for manufacturing gold jewelry or
goldsmiths’ wares or when modifying or granting License to temporarily import
gold material for re-export to an enterprise, the branch of the State Banks in
province or city shall send 01 (one) copy of the granted License to the State Bank of Vietnam (via the Foreign Exchange Management
Department).
5. Time limits
for submitting periodic reports mentioned in Clauses 1, 2, 3 of this Article
are as follows:
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b) Annual report: by the 20th (twentieth) day of January of the following year.”.
Article 2.
1. Clause 3 Article
10 of Circular No. 16/2012/TT-NHNN is abrogated.
2. The phrase “Month….
year….” in the Appendix 12a enclosed with the Circular No. 16/2012/TT-NHNN
is changed into the phrase “Quarter…. year…." and the phrase
“reporting month” in the same document mentioned above is changed into the
phrase “reporting quarter”.
3. The phrase “- NHNN (Vụ QLNH) (Dể b/c);” at the part “Place of receipt” of
Appendix 16, Appendix 20 and Appendix 21 enclosed with the Circular No. 16/2012/TT-NHNN is abrogated.
Article 3.
Implementation responsibility
Chief of Office, Director of
Foreign Exchange Management Department, heads of affiliates of the
State Bank of Vietnam, Directors of branches of the State
Bank in provinces or central-affiliated cities,
Chairpersons of the Management Boards, Chairpersons of the Member Board, and
General Directors (Directors) of credit institutions or enterprises engaged in
gold business shall be responsible for implementing this Circular.
Article 4.
Implementation
1. This Circular
takes effect as from July 22, 2017.
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PP. GOVERNOR
DEPUTY GOVERNOR
Nguyen Thi Hong