The DECREE of the Government issued regulations to manage the activities in the field of gems of GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law on State enterprises of 20 April 1995;
Based on mineral resources Ordinance on July 28, 1989;
According to the recommendation of the Minister of heavy industry, the Minister of finance, the Minister of the Interior, the Governor of the State Bank and the opinion of the leaders of the ministries, relevant local, Decree: article 1.
Attached to this Decree regulations of activities in the field of gems.
Article 2.
1-this Decree replaces Decree No. 67-CP on 7-10-1993 of the Government issued regulation on the management of geological survey activities, mining, manufacturing and trafficking in precious stones.
2-Paragraph b of article 3 of the Charter Forex management attached to Decree No. 161-dated 18-10-1988 of the Council of Ministers (the Government) was: "The precious metals (gold, silver and platinum group spot) when moving abroad or from abroad into Vietnam". Regulation of gems (diamonds, ruby and sapphires group) Forex is abolished.
Article 3.
The Secretary of the Ministry of heavy industry, finance, Interior, trade, General Director of the Bureau of Customs issued the guidance documents regulations attached to this Decree.
Article 4.
The Decree has effect from the day of promulgation. The previous provisions contrary to this Decree are repealed.
Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.
 
MANAGEMENT REGULATION of ACTIVITIES in the FIELD of gems (attached to Decree No. 65-CP on 13-10-1995) chapter I GENERAL PROVISIONS article 1.
Gem said in this regulation is the kind of natural minerals Pearl quality. According to the commercial value, precious stones are divided into 2 groups: Group 1: include diamonds, ruby, sapphires and êmơrốt Group 2: include other precious stones.
Article 2.
Every activity survey, exploration, exploitation, processing manipulated the gems; fine art jewelry shop with gem stones; trade and export, import of gems (hereafter referred to as activities in the field of gems) on the territory of Vietnam must comply with the provisions of this regulation and other relevant provisions of the law.
Article 3.
Ministries, ministerial agencies, government agencies implement state management functions with respect to activities in the field of gems under their powers and duties.
Article 4.
The people's Committee of the level of implementation of State management functionality for gem resources and activities in the field of gems under this regulation and other relevant provisions of the law; responsible for protecting the area gems yet delivered to the management unit; in collaboration with the unit assigned to protect the vùmg mine are mine exploration and exploitation; mining operations and prevent the sale of unauthorized local gems.
The provincial people's committees where established gem resources Fund resource protection gemstones. Gem mining units extract filed 1% (one percent) of revenues from the exploitation of precious stones are for the people's Committee to establish that Foundation.
In addition to the overall annual budget is balanced, the State budget back to the 50% (fifty percent) of revenue from taxes on products value gems mined are of the extraction unit and 50% (fifty percent) of the total revenue of the company as defined in article 16 of this regulation to the investment in infrastructure development construction works, health, education and culture in the local mines.
Article 5.
The State shall encourage and create favourable conditions for economic organizations and individuals, Vietnam's investment in the field of gems under this regulation and other relevant provisions of the law.
The economic organizations, foreign individuals are allowed to invest in the field of gems under the law on foreign investment in Vietnam and the other relevant regulations of the law.
The State encourages and facilitates research institutes, universities, economic units and individuals within the country of investments in research, the production of equipment for mining, manipulated the gems; study on the base construction of gems; staff training on Gemology and technical workers processing; the application of scientific-technical progress in order to enhance the value of gems of Vietnam, according to the content of the Decree No. 35-dated 28 January 1992 of the Council of Ministers (Government) on the management of science and technology.
Article 6.
The State acknowledges the legitimate ownership of institutions, individual gems in the form of raw material, product manufacturing has been manipulated.
State protection of the legal rights of all organizations, individuals active in the field of gems under the provisions of this regulation and other relevant provisions of the law.
Article 7.
Gold and gems Corporation Vietnam (hereinafter the Corporation) is the State enterprise, was established to make the main body of the building and development industry of precious stones and jewelry production in Vietnam.
The functions, duties, powers, organization and activities of the Corporation are defined in terms of organization and activity of the Corporation approved by the Government.
 
CHAPTER II the GEOLOGICAL INVESTIGATION, prospecting, GEM MINING EXPLORATION article 8.
The Ministry of heavy industry, implementation research, investigating the geology of gems, reviews the potential gems in the process of researching the basic investigation of geology and mineral resources, in funding due to State budget level.
On the basis of fundamental investigation results about the gem resources due to The heavy industry implementation, the prime consideration given to the Corporation of the region have the prospect of gems in groups of 1 to the corporation organized the survey, exploration and exploitation.
The Corporation held a survey, finding gems in the quarry was delivered, according to the provisions of the law, by funding due to State budget level. The work of mining exploration because Of the company's capital investment made by the Corporation.
The investigation, prospecting, exploration and exploitation in the gems Group 2 was made according to the current rules for solid minerals.
Article 9.
Geological materials, gem specimens collected during the Census research, prospecting, geological exploration must be preserved in accordance with the provisions of the law.
 
CHAPTER III article 10 GEM MINING.
The Corporation was tasked to organize mining of gems in Group 1 and recovered the other minerals included; protection and rational use of resources, environmental protection, environment in the extraction process.
The accumulation of small gems, dispersion, not focused into the mine, the Organization of industrial scale mining or sale of bid results, are delineated boundaries and delivered to the provincial people's Committee in the management of the Organization, for the local people. The exploration to guarantee safety, security, social order and protecting the environment, the environment.
Article 11.
Economic organizations and individuals, Vietnam (hereafter called as unit), wanted to exploit the gems in Group 1 in the region of the mine was delivered to the Corporation, right through the bidding and contract mining production sharing with the Corporation; subject to the checking, monitoring of the Corporation in the extraction process.
The economic organizations, foreign individuals want to exploit the gems in Group 1 have to venture to the Corporation under the foreign investment law in Vietnam and must get permission of the Prime Minister.
Article 12.
Mining contract production Division was agreed upon and signed between the Corporation and winning bid, subject to the provisions of the law on mineral activities, including the following: 1-the capacity of the Organization, individuals involved in Contracting;
2-subject of the contract;
3-duration of the contract;

4-conditions of termination of the contract before the deadline or extended the term of the contract;
5-rights of obligations of the Contracting Parties;
6-the transfer conditions, rights and obligations of the Contracting Parties;
7-environmental protection responsibility and order, social safety while conducting the exploitation;
8-form dispute resolution arising from the contract.
In addition, the parties signed an agreement the other terms in the contract, but not contrary to these rules and applicable law.
Article 13.
The bidding object is located in the gem-containing plot of land area has had mining projects by the Corporation and the State bodies are competent, the ground level of exploitation in accordance with the law of the land. Area of the plot of land by tender Tender Board determines. Prohibiting the use of bidding only to traders bid to profit from the price difference.
Article 14.
Reviews most recent bid is the minimum price offered for each plot of land containing precious stones, identified by a single uniform price for all the plots in each mine and was announced publicly.
Unit price latest bid is made by these factors: the cost of geological investigation, prospecting, mining exploration; the cost of using infrastructure for the exploitation of the mine; land rents, tax minimum mineral resources and environmental recovery money, flower color compensation and other compensation paid by mining units.
Article 15.
Tender Council by the Chair of the Board Of the company decided to set up private registration for each gem mining region, composed of: a representative Of the company as the President of the Council, representatives of the provincial people's Committee had mine, representative of the Ministry of heavy industry and representatives of the Ministry of finance.
The Council has the task of bidding price review latest bid due to the proposed Corporation, receiving tenders, bid opening, bid results and winning bid.
Gem mine bidding rules by the Corporation, the Minister of heavy industry approval.
Article 16.
The unit hit a tender bear all costs of extraction, the internal protection of the mining area. The value of products obtained during the extraction process, after the filing of the tax (except tax resources have been filed before in the purchase price of the tender) and other charges, divided in proportion: the unit: 85% (eighty percent) of the company: 15% (fifteen percent).
But gems have the sale price reached from 1 billion a back up, then the percentage split is: 75% extraction unit (seven fifty-five percent) Of the company: 25% (twenty five percent).
Article 17.
Proceeds from the auction and contract mining revenue production sharing recorded as revenues in the revenues of the Corporation.
The Ministry of Finance issued currency regime, filed the State budget the revenues of the Corporation after the Prime Minister's comments.
Article 18.
Gem products due to the units resembled the harness must be checked, classification, valuation. Type the value from 100 (one hundred) million a member over, after the reviews are sealed, preserved in the Corporation to auction. The type of a value under 100 (one hundred) million a member delivered to or extraction unit Of company management, consumption.
Article 19.
The Corporation is responsible for the technical guidance in order to exploit the maximum recovery of minerals, environmental protection, labor safety; Check active processes, monitoring, exploitation of the mining unit.
The collecting, sorting, pricing of products in the extraction process so Ban trials done. Acceptance by the Board Of the company founded, composed to represent the Corporation and represent mining units, with the number of participants of the peer party, each party not less than 2 people.
Article 20.
Mining unit has the right to transfer the right to exploit for the Organization, the individual is eligible to continue to implement the rights and obligations of the unit has signed with the Corporation. The case of State or commandeering the mine for reasons of security, defense, mining units are compensated according to the current law.
 
CHAPTER IV PROCESSING and SALE of PRECIOUS STONES article 21.
All organizations and individuals, Vietnam would like to outsource manufacturing, trafficking in precious stones and fine art jewelry shop with gem stones to establish production facilities-business registration, according to the law.
Article 22.
The State shall encourage and create favourable conditions for every organization, the individual making the purchase, the sale of gems (raw materials and has processing) at the center of gems and jewelry of the Corporation. In addition, gem buy, sell only at the headquarters of businesses and shops have a business license in gem, precious stone market in the region of the mine due to the local Government's participatory management Of the company.
The Corporation periodically held the auction of gems out of the country under the rule of law.
The State encourages the export of precious stones has crafted processing, jewelry with semiprecious stones and imported material for processing precious stones crafted for the purpose of re-exports.
Article 23.
The export of precious stones worth from 100 (one hundred) million or over must have a purchase contract and the sales invoice created according to the form of the Ministry of Commerce and Ministry of finance, under 100 (one hundred) million just to produce sales invoices with customs gate. Export tax because the sales unit filed under contract and the sales invoice. The import of raw gems to processing and re-export are not limited in number, must be translated under the Executive the law on imported goods.
The Ministry of Commerce in collaboration with the General Directorate of customs and the State bodies of other relevant regulations on the management of the market and the export and import of gems after the opinion of the Prime Minister.
The Ministry of Finance issued form contracts and invoices for the sale of the gem business under his authority.
 
Chapter V HANDLE BREAKING and REWARDING Things.
All survey activities, exploration of gems do not comply with the provisions of this regulation and the provisions of other relevant timeframes of the law; violation of the provisions of the law on geological documentation security gems must be dealt with strictly, true law.
Article 25.
The extraction, processing, sale and export, import the gems do not comply with the provisions of this regulation and the other relevant regulations of the law, depending on the nature and extent of the violation, will be handled administratively or prejudice criminal liability under the law.
In any case, the number of gem smuggling, illegal favors were seized and remitted to the State Treasury.
Individuals, organizations have the detect denounces, and prevent the timely exploitation of unauthorized activities and smuggling gems are rewarded according to common rules.
Article 26.
Who would abuse a position of authority, the rules of this regulation's provisions depending on the nature and extent of the violation will be handled administratively or prejudice criminal liability under the law.
 
CHAPTER VI article 27 ENFORCEMENT TERMS.
This regulation with effect from the day of promulgation. All previous provisions contrary to this regulation are repealed.
Article 28.
At the latest after 60 days from when issued, the relevant ministries are responsible for issuing the guidance documents make this regulation./.