IT ' S SMART

Guide some of the provisions of the Protocol 24 /2012/NĐ-CP 03 April 2012

of the Government of the Management of the Gold Business Operations

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Vietnam State Bank Law School No. 46 /2010/QH12 June 16, 2010;

The Code of Credit: 47 /2010/QH12 June 16, 2010;

Base of Protocol 96 /2008/NĐ-CP August 26, 2008 by the Government Regulation, the mandate, the powers and the organizational structure of the State Bank of Vietnam;

Base of Protocol 24 /2012/NĐ-CP April 3, 2012 of the Government on the Management of the Gold Business;

On the recommendation of the Chief of Foreign Affairs Management;

The Governor of the State Bank of Vietnam issued the Information Guide some of the provisions of the Protocol 24 /2012/NĐ-CP April 03, 2012 The Government on the Management of Gold Business Operations,

Item 1

GENERAL REGULATION

What? 1. The adjustment range

This information guides the production of jewelry gold, cosmetics; purchasing business operations, selling gold pieces and export operations, importing the raw materials gold of the business, the credit organization by regulation at the Digital Protocol. 24 /2012/NĐ-CP April 03, 2012 The Government on the Management of the Gold Business Operations (later called the Digital Protocol) 24 /2012/NĐ-CP).

What? 2. Subject applies

This information applies to the business, the credit organization has a gold business in Vietnam and its organizations, the individual involved.

Item 2

EXPORT LICENSE-GRADE CONDITIONS, IMPORT OF RAW MATERIAL GOLD

What? 3. Charter grade gold imports of raw materials for the operating business of jewelry gold, cosmetics, and gold.

1. The registered business registration certificate produces jewellery in jewelry, cosmetics.

2. There is a qualified certificate of gold-jewelry production, the cosmetic produced by the State Bank of Vietnam (later known as the State Bank) granted.

3. The need to import gold raw materials in accordance with the planned production of gold jewelry, cosmetics.

4. No violation of the regulation of the law on the management of gold business operations in the 12 (twelve) months adjacent to the time of the proposed granting of the license to the import of gold raw materials.

What? 4. Charter of a gold-based temporary license to reexport products to the business that has a jewelry contract gold jewelry, cosmetics with foreign countries.

1. Business registration certification is conditional on jewelry production, cosmetics.

2. There is a qualified certificate of gold-jewelry production, the art of the State Bank.

3. The need to import gold raw materials in accordance with the planned production of gold jewelry, cosmetics, and jewelry contract gold jewelry, cosmetics with foreign countries.

4. No violation of the regulation of the gold business operations management in the 12 (twelve) months adjacent to the time of the proposed advance of the gold-raw material for the reentry of the product.

What? 5. The licensing of the license to import gold raw materials on the business has foreign investment capital to produce jewelry gold, cosmetics and cosmetics.

1. As a business established by the rule of law, there is an active registration of gold jewelry, cosmetics.

2. The need to import raw material gold in accordance with production capacity, production plans, business and jewelry, cosmetics, and jewelry.

3. Does not violate the regulation of the law on the management of gold business operations in the December 12 (twelve) months adjacent to the time of the proposed granting of the license to the import of gold raw materials.

What? 6. Charter grade gold imports of raw materials for the investment business abroad in the field of gold mining.

1. As a business established by the rule of law, there is a registration of gold mining activity in the Investment Certificate.

2. There is a document that proves that the source of gold is expected to be imported by the offshore business or is divided by the gold mining agreement abroad.

3. Gold imported raw materials are used only to produce jewelry, cosmetics, and gold.

4. No violation of the regulation of the law on the management of gold business operations in the 12 (twelve) months adjacent to the time of the proposed granting of the license to the import of gold raw materials.

What? 7. The licensing of the export of raw gold exports to the business has gold mining licenses in Vietnam.

1. A business with foreign investment is established by the rule of law.

2. There is a gold mining license.

3. There is a document that proves that the raw material for export is due to the mining business in the country.

4. No violation of the regulation of the law on the management of gold business operations in the 12 (twelve) months adjacent to the time of the proposed granting of the license to the import of gold raw materials.

Section 3

RECORDS OFFER A CERTIFICATE OF SUFFICIENT GOLD JEWELRY, COSMETICS,

BUSINESS LICENSES BUY, SELL GOLD PIECES AND EXPORT PERMITS, IMPORT RAW MATERIALS GOLD.

What? 8. The filing offers a Certificate of Certificate of Jewelry Gold, Fine Arts

1. The application to grant a Certificate of Jewelry Gold, Fine Arts (based on Appendix 1).

2. Business registration certification has a subscription to the gold business.

3. Text or document proving ownership or rights to the use of business location; the manifest of the facilities and equipment serves to produce jewelry, cosmetics, and jewelry.

What? 9. File offers business license to buy, sell gold.

1. Profile of the purchase of the purchase business license, selling gold pieces on business including:

a) The application of the purchase of the Business License, which sells gold (as a template at the Appendix 2);

b) The business registration certificate has a registered gold business;

c) Registration certificate functions;

d) The tax authority ' s confirmation of the tax number submitted by the gold business activity in the preceding 02 (two) years was adjacent.

2. The filing offers a purchase of the Business License, which sells gold pieces to the credit organization including:

a) The application to grant a purchase of the business license, sell gold (as a template at the Annex 3);

b) The established license and operation of the registered credit organization is active in the gold business.

What? 10. The filing offers the license to import raw gold imports of raw materials for the operating business of jewelry, cosmetics, and jewelry

1. The application granting the license to the import of gold raw materials (according to the template at Appendix 4).

2. Business registration certification.

3. Certificate of qualified gold production, cosmetics.

4. Report of the import of raw materials and gold production of the enterprise ' s cosmetics jewelry in the December 12 (twelve) months adjacent to the time of the report, with the opening of the Customs and Gold Import Customs and the Customs (according to the template). at the Appendix 6.

5. The jewelry production plan, the art of the business.

What? 11. The filing offers a gold-based temporary license to reexport the product to the business that has gold jewelry, cosmetics, and foreign co-workers.

1. The application granting the license to the gold-raw materials advance to reexport the product (in the form at Appendix 4).

2. Business registration certification.

3. Certificate of qualified gold production, cosmetics.

4. Contract contract gold, cosmetics with foreign countries.

5. Report of the raw materials import of raw materials, production and export of the enterprise ' s cosmetics jewelry in the December 12 (twelve) months adjacent to the time of the report, with the opening of the temporary Customs-the re-export of gold and the confirmation vote. of Customs (according to the model at Appendix 7).

6. The plans for the production of gold jewelry, the art of the business.

What? 12. The filing offers a license to import raw gold imports of raw materials for businesses that have foreign investment capital to produce jewelry gold, cosmetics.

At the end of 15 December of the year before the year of planning or when the need to add the volume of imported raw material gold by plan, the business has foreign investment deposits to submit a proposed license to obtain the import of gold raw materials. The profile consists of:

1. The application granting the license to the import of gold raw materials (according to the template at Appendix 5);

2. Certificate of investment;

3. Report of the implementation of the export, import and consumption of gold products in the Vietnamese market during the December 12 (twelve) months adjacent to the time of the report, with the publication of the export, import and import Customs, the Customs confirmation. (in the form at Appendix 8);

4. The production plan, business of the business; text, document that demonstrates the production capacity of the business;

5. Contract contract gold, cosmetics with foreign countries.

What? 13. The filing offers a license to import the raw gold material for the investment business abroad in the field of gold mining.

1. The application granting the license to the import of gold raw materials (according to the template at Appendix 4).

2. Certificate of investment.

3. The document that proves the source of gold is expected to be imported by the offshore business or is divided by the gold mining agreement abroad.

4. Text, document that demonstrates the use of imported raw materials gold in accordance with the regulation at paragraph 3 Article 6 This message.

5. Report of the business of mining and import of raw materials of the business in the December 12 (twelve) months adjacent to the time of the report, accompanied by the opening of the Customs and the Customs of the Customs (according to the template at Annex 9). I'm sorry.

What? 14. The file recommended granting a gold export license to the business with a gold mining license.

1. The application to grant the export of gold raw materials (according to the template at Appendix 4).

2. Certificate of investment.

3. The document that proves the source of gold is expected to be imported by the business.

4. Report of the business ' s raw materials mining and export of gold in the December 12 (twelve) months adjacent to the time of the report, with the opening of the Customs and the Customs of the Customs (according to the template at Annex 9). I'm sorry.

Section 4

THE PROCEDURE FOR BUSINESS LICENSES BUYS, SOLD GOLD PIECES; EXPORT PERMITS, GOLD IMPORTS.

RAW MATERIALS AND CERTIFICATES THAT QUALIFY FOR GOLD JEWELRY PRODUCTION, COSMETICS.

What? 15. The procedure of granting a business license to buy, sell gold; the license to export gold raw materials; the license to import gold raw materials to the business with foreign investment, the investment business abroad in the field of gold mining.

1. Enterprise, credit organization has business needs to buy, sell gold; businesses with foreign investment have the need to import gold raw materials to produce jewelry, cosmetics, and investment businesses abroad in the field of gold mining. has the need to import raw material gold due to overseas mining and businesses with a gold mining license that has a need for export of raw material gold by direct mining business or sent through postal roads 1 (one) the regulatory set of gold. in Article 9, Article 12, Article 13 and Article 14 This Notice to the State Bank of Vietnam (Foreign Exchange Management) to be granted a Business License. buy, sell gold or grant export license, import gold raw materials.

2. Base of the regulations on conditions, records, procedures at the Protocol. 24 /2012/NĐ-CP And this message, the Governor-General Exchange, is considering, deciding on the licensing of the purchase of the business license, selling gold.

3. The base of monetary policy goals, supply-the gold bridge in each period and the regulations on conditions, records, procedures at the Protocol. 24 /2012/NĐ-CP And this information, the Foreign Office of the Foreign Exchange, is considering, the decision to grant the export license, importing the gold raw material.

4. During the 30 (thirty) days of work since the date of receiving eligible valid records of the business, credit organization, State Bank or rejection (reason) Business licenses buy, sell gold pieces; License gold export of raw materials or materials. The license to import the raw material gold (in accordance with Appendix 13, 14 or 15). The purchasing business license, the sale of gold by the State Bank to the credit organization is the non-detached department of the foundation's license to establish and the operation of the credit organization.

What? 16. The procedure granted the Certificate of Certificate of Jewelry Gold, Fine Arts and Renewable Gold Clearance Permits to Reexport Products.

1. The business has a need to produce jewelry, cosmetics, and businesses that have the need to import gold raw materials for jewelry gold, cosmetics for foreign countries to submit directly or to post postal mail 01 (a) regulatory filings at Article 8 and Article 11. This information comes to the Provincial State Bank of the province, the central-central city where the business is headquartered (later called the Provincial State Bank of the Province, the city) to be granted a Certificate of Qualified Gold, the Fine Arts. and the license to the gold in the raw materials for the reentry of the product.

2. Base of the regulations on conditions, records, procedures at the Protocol. 24 /2012/NĐ-CP And this information, the State Bank branch of the provincial branch, the city considers it, deciding that the granting of the Certificate of Certificate is eligible for the production of gold jewelry, cosmetics, and the gold-gold clearance permit to reexport the product.

3. During the 30 (thirty) days of employment since the date of receiving sufficient valid records of the business, the Director of the State Bank of the Provincial Branch, the city granted or refused to grant (note the reason) The Certificate of Qualified Gold, the U.S. The material and the license to re-export the product (according to the model at Appendix 16 and 17).

What? 17. The procedure of granting the license to import gold raw materials to produce jewelry gold, cosmetics

1. The business has the need to import raw materials gold to produce jewelry gold, the us directly submit it directly or to the postal line 2 (two) the prescribed filings at Article 10 of this Smart Article to the Provincial State Bank branch, the city to be granted a license. Importing the gold raw material.

2. In the time of 7 (seven) working days from the date of receiving valid records of the business, the State Bank branch of the provincial branch, the city sent records recommended considering the granting of the Export Gold Export License to the State Bank of Vietnam (Case Management). Foreign exchange. The profile consists of:

a) The text of the Provincial State Bank of the provincial branch, the city has an opinion on whether the business is eligible or not eligible for regulation at this Article 3;

b) The licensing offer of the business.

3. During the 30 (thirty) days of employment since the date of the filing of the Provincial State Bank of the province, the city, the State Bank of Vietnam sent the text announcing the approval or refusal to grant permission to the State Bank of the provincial branch state, the city.

4. During the third (three) days of work since the announcement of the announcement of the State Bank ' s announcement, the Director of the State Bank of the State Branch of the Province, the city granted or refused to grant (note the reason) The license to import gold raw materials for gold jewelry, the U.S. art (in the form at Appendix 15).

What? 18. Preliminary filing principle

1. The documents, documents in the specified profile at Section 3 This account must be the main or copy of the certificate according to the rule of law.

2. Enterprise, credit organization must be responsible for the accuracy, honesty of the documents, documents in the profile.

Section 5

REPORT MODE AND RESPONSIBILITY FOR INSPECTION, SURVEILLANCE

What? 19. Responsible for reporting by the State Bank of the provincial branch, city

1. In a month, year, the Bank of State Branch of the Province, the city aggregate the Governor of the State Bank of Vietnam (through the Foreign Office of Foreign Affairs) the situation management of the gold business on the site (according to the model at Appendix 12). The deadline for reporting the slog was the date of the next month's 05 (year) for the monthly report; the date of 15 (fifteen) of January (one) of the next year for the report of the year.

2. When the Certificate of Certificate is eligible for jewelry gold production, cosmetics, gold-gold import permits to produce jewelry gold, cosmetics, and gold-based temporary gold-income permits to reexport products to the business, the State Bank Branch said. In the province, the city sends 1 (a) copy to the State Bank of Vietnam (the Foreign Exchange Management).

What? 20. Corporate reporting responsibility, the credit for the credit for the gold business

1. Months of monthly, year, business, credit organization licensed to buy, sell gold pieces to report purchasing business conditions, sell gold pieces to the State Bank of Vietnam (Foreign Exchange Management) and State Bank of the State Branch. Wake up, city. The deadline for reporting the slog was the date of the next month's 05 (year) for the monthly report and the 15th (fifteenth) of January (one) of the next year for the report of the year.

2. The quarterly valuation, the year, the gold business business performs a gold business situation report for the State Bank (Foreign Exchange Management) and the Provincial State Bank of the Province, the city according to the following regulation:

a) The Enterprise is granted a Certificate of Qualified Gold-based certification, the art of performing jewellery production of gold jewelry, cosmetics (according to the Appendix 11);

b) The jewelry production company, the cosmetics issued a gold import license for the production of gold raw materials for the production of gold jewelry, cosmetics (according to the model at Appendix 6);

c) The gold business enterprise has a jewelry contract gold jewelry contract, cosmetics for foreign countries issued a material gold-import license to reexport products that report the raw materials import of raw materials, production and export of gold jewelry. enacrop (in this Exhibit 7 Appendix 7).

d) The gold-invested business with foreign investment was granted a gold import license for the export of export, gold imports and consumption of gold products in Vietnam (according to the model at Appendix 8).

3. The deadline for reporting by regulation at paragraph 2 is to be the slog 15 (fifteen) of the first month of the next quarter for the quarterly report and the 15th (fifteenth) of January (one) of the next year for the report of the year.

4. The annual, slog term on 15 (fifteen) January 1 (one), the business invested abroad in gold mining and businesses with a gold mining license issued a license to import, export gold raw materials that carry out the report. Import situation, export gold raw materials to the State Bank of Vietnam (Foreign Exchange Management) and the State Bank of the State Branch of the Province, City (in accordance with Appendix 9).

5. In the 10-day period of work since the change in branch network, business venue buying, selling gold pieces, businesses, credit organizations must inform the State Bank of Vietnam (Foreign Exchange Management) and include a copy of the Company. have a Certificate of Enterprise Registration Certificate and Certificate in Branch Operations (have been issued, new or modified, supplemated).

What? 21. Inspector.

The Inspector General, overseeing the bank, the Bank of the State Bank of the province, the city is responsible for carrying out the inspection, inspection and disposal of violations of the gold business activities specified at the Decree. 24 /2012/ND-CP, This information and the laws of law are related.

Section 6

EXECUTION CLAUSE

What? 22. The transition clause

1. During the time of the 06 (six) months from this date from the date of this date, businesses, credit organizations are buying, selling gold pieces that continue to buy, sell gold, and have to complete the business registration procedures with the agency. registered business and completed the procedure of offering a purchase of the business license, selling gold pieces with the State Bank of Vietnam by regulation in this Information and other laws relevant to the law.

2. After a limited transition period at Clause 1 This, businesses, credit organizations are buying, selling gold without a business license, selling gold pieces by the State Bank, which is not allowed to do business, sell it. Gold pieces.

3. After the regulatory transition period at Article 21 Decree 24 /2012/ND-CP, Businesses are producing jewelry gold, cosmetics without a Certificate of Jewelry Gold, and cosmetics are not allowed to produce jewelry, jewelry.

What? 23.

1. This message has been in effect since 10 July 2012.

2. Repeal Digital 10 /2003/TT-NHNN 16 September 2003 of the State Bank Guide to Digital Protocol 174 /1999/NĐ-CP 09/12/1999 of the Government on the Management of Gold Business Operations and Digital Protocol 64 /2003/ND-CP June 11, 2003, by the Government of the revised government, to supplement the decree 174 /1999/NĐ-CP; Number of Decision repel 1703 /2004/QD-NHNN December 28, 2004 amendment to Digital Information 10 /2003/TT-NHNN.

3. Chief of Staff, Chief of Foreign Affairs Management and Head of Units of the State Bank, Director of the Provincial Bank of the State Branch, the city of provinces, the Central City of Central; Chairman of the Board, Chairman of the Council of the City. The Director General, the Director General (Director) of credit organizations, businesses that have a gold business and other organizations, the other individual is responsible for doing this.