The DECREE promulgated regulations of geological investigation activities, mining, manufacturing and trafficking the gems of GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Based on mineral resources Ordinance on July 28, 1989 and Decree No. 95, dated 25 March 1992 regarding the enforcement of the Ordinance on mineral resources;
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;
DECREE: article 1.-attached to this Decree regulations of geological investigation activities, mining, manufacturing and trafficking in precious stones.
Article 2.-this Decree replacing decision No. 333-CT on 23-10-1991 Chairman of the Council of Ministers of the Organization of the operations management of geological investigation, exploration, mining, manufacturing and trafficking in precious stones.
Article 3.-the Secretary of the Ministry of heavy industry, finance, the Interior, the Governor of the State Bank pursuant to this Decree, issued the circulars replace guide rules implementing decision No. 333-CT on 23-10-1991 and the temporary regulation issued previously.
Article 4.-the Decree has effect from the date of signing, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.
 
REGULATION MANAGEMENT of GEOLOGICAL SURVEY ACTIVITIES, mining, MANUFACTURING and TRAFFICKING in PRECIOUS STONES (attached to Decree No. 67-CP on 7-10-1993 of the Government) i. GENERAL PROVISIONS article 1. Gem said in this regulation is the kind of natural jewels such as diamonds, sapphires, rubi. emơrốt. Article 2. Mining of precious stones as well as the establishment of the gem-mining business must obtain permission of the Prime Minister.
All activities investigated the geology, mining, manufacturing, trade of gems (including export) must comply with the provisions of this regulation, subject to the checking, monitoring of State management bodies the respective sector and local government levels.
Article 3. The Ministry of heavy industry is unified governance work of the geological survey, mining, gem resources protection, environmental protection is related to the exploitation of precious stones.
The State Bank President for governance activities manipulated, traders, market organization gems in the domestic and the export permit, import of gems.
The Finance Ministry and the Prime Minister promulgated or issued under the authority of the text guiding the implementation of the taxes related to the activity of production-business gem; chairing the Council tender exploit gem.
The Interior Ministry issued and checked, monitoring the enforcement of regulations to protect the operation of geological investigation, exploration, mining, manufacturing and trafficking in precious stones.
The State Committee for cooperation and investment evaluation organization to license investment for foreign investment projects, in collaboration with the industry, the relevant local monitor to check the activity of the enterprises of foreign investment and business cooperation contracts exploit-crafting-trade in precious stones.
Article 4. The people's Committee of the level of implementation of the administrative management functions on the territory of the State by law, supervise and control the implementation of the provisions of the State on land, resource management, protection of the environment, the organizations and individuals exploit the gem business, service tax and other financial obligations according to law; check, monitoring the enforcement and legal processing of unauthorized activities in geological investigation, exploration, mining, gem and gem traders manipulated according to the terms of this regulation and other provisions of State management bodies concerned. The local people's Committee has the duty to protect the area with precious stones including areas not yet licensed exploitation, prevent the exploitation and trade of precious stones.
Article 5. Economic organizations and citizens have legal capacity in Vietnam enough on financial conditions and production business under the regulation of the Ministry of heavy industry and the State Bank would like to exploit, manipulate and gem trafficking must be competent State agencies allowed under the rules.
The State encourages, creates favorable conditions as well as the protection of the legitimate interests of organizations and individuals allowing State were exploited, manipulated, trade in precious stones.
Article 6. The State encourages the economic organizations and foreign private investment in the mining sector, manipulated and gem trading in any form under the law on foreign investment in Vietnam.
 
II. The WORK of the GEOLOGICAL SURVEY, ASSESSMENT of POTENTIAL GEM DEPOSITS EXPLORATION article 7. The Ministry of heavy industry, oversee the Organization of geological investigation, assessment of potential and prospects for gems within the country as the basis for the development of gem industry under the State plan by the State-funded grant. The probe evaluation of industrial capacity at the mine gems in the area licensed by mining enterprises mining dropped which made.
The Minister of heavy industry review and decided to investigate the geology of gem matching industry development plan. The results of the investigation to evaluate prospects, potential, circled the area of value as the basis for the Organization of the tender.
Geological materials of the gems are managed and used under the regime of State security documents. Every organization, individuals related to the creation, storage, use of geological materials of the gems must be responsible for preserving the confidentiality of documents according to the regulations of protecting State secrets.
The geological unit in charge of the investigation, finding gems in local operations would be responsible for coordinating with the Government, local public security organizations protecting in the spirit of the Decree No. 223-dated 19 June 1990 by the Council of Ministers (Government). The geological units are not exploited, trafficked the gems in all forms.
 
III. Article 8 GEM MINING. According to the results of geological survey said in article 7, the Ministry of heavy industry, the mines of gems, rated the mine according to the value of resources and economic-technical conditions exploitation as the basis for the subdivision.
Except for the "mine" or "batch" of land containing precious stones mining licenses have been issued before the date this regulation and specified in article 15 the mining license of the "mine" or "plot" land with stones must be through bidding.
Mining tenders, the plot of land containing precious stones is the Organization of select business (or personal) is committed to pay to the State once or many times the value of the rough gems resources and minerals symbiosis can be exploited from the tender put land plots (after deducting reasonable costs plus tax , plus the profits leave the business, plus the other fees category according to the prescribed regimes). Enterprise winning bid is the highest price paid in the tender business number associated with the project of exploitation and environmental protection. Except for the resource tax and land lease, business winning bid must still perform the other financial obligations according to the law, under license and contract regulations. The case of big risks are audited in production-business, business-winning bid may be considering reducing money buy tender or remission of taxes according to the law. Authority to consider the reduction of the money purchase bids or tax exemptions because the Prime Minister decides according to the recommendation of the Minister of heavy industry and the Minister of finance.

All organizations and individuals who Vietnam and foreign countries have enough of the necessary conditions for mining precious stones according to the regulations of the Ministry of heavy industry are involved in the bidding mining gems.
In the next tender times, businesses are exploiting precedence when bidding for the plot of land in the protected area or plot of land next to the area are allowed to exploit.
Article 9. The tender business harness the gems are the Ministry of heavy industry to provide information, documents and economic geology, mine are actual mining research by bidding rules.
Article 10. The bidding price of bidding by the Council regulation of custom specific mines.
The bidding regulations issued by the Ministry of finance after engage comments of the Ministry of heavy industry, the State Bank, the Ministry of the Interior, economic Arbitration Commission and provincial mine gems.
Organizing and operating the tender bidding Council harness the gems made, honestly and impartially guaranteed the right law.
Article 11. The business of exploitation and trafficking, gems says in article 5, article 6 of this regulation be equal rights bids the lands containing the gems.
Enterprise winning bid after Prime medical standards allow mining, financial procedures are done according to the rules will be mining license, the license to use the land under the law of the land.
Slowly for a year since the mining license, businesses must put the mine into operation.
Article 12. Mining of precious stones to make reasonable technology in order to reduce to a minimum the harmful effects to the environment as the environment water, soil, forests and to implement recovery scheme for environmental management.
All the gem-mining business to escrow the money recovered under the environmental management technical-economic justification and are out the money to make the work of environmental protection.
Article 13. The State-owned enterprises and enterprises with foreign capital must apply advanced extraction technology protection products at the mine, the tight control the sorting, storing and transport of the product.
Article 14. State the right to buy the gems have special value, before prescribing the gems n standard weighing from 50 carat and above for rubi, from 100 carat and above for sapphires in the kind of State the right to purchase of any organization or individual would exploit or retrieving. The purchase price of the jewel according to market value. Any organization or individual would deliberately conceal the jewel has the special value of this type will be sanctioned.
Article 15. For those special areas or features the private quarry at the suggestion of the Chairman of the provincial people's Committee and the Minister of heavy industry, the delivery of the mine, land exploration mining gems in this case was the prime consideration.
Article 16. Server exploit is transferred the right of succession, transferable mining area with the medical standards of the Prime Minister. In the case of mines are being recovered State tapping or requisition by the demands of national security, the exploit is State compensation and may be granted other mining areas. The mining owners are protected by law when the right to use legitimate mining area has been compromised.
Mining area will be revoked or suspended when mining exploitation violate the commitments with the State or violating the law.
 
IV. PROCESSING and TRAFFICKING in PRECIOUS STONES article 17. All organizations and citizens of Vietnam is eligible work manipulated, gem dealers as stipulated by the State Bank of the State Bank to be licensed to operate all can work manipulated, making jewelry with gemstones and precious stones trade, including outsourcing contracts with foreign countries.
Article 18. Economic institutions and foreign private business nuốn manipulated and gem dealers in Vietnam must seek permission by the State Bank and the State Committee for cooperation and investment grade seconds allowed by law activities of foreign investment in Vietnam article 19. State Bank manages domestic gem market, import and export of gems and gem trading outlets abroad.
The State encourages the export of precious stones over crafted manufacturing and importing of precious stones, semi-precious stones into Vietnam to processing export.
State Bank regulations for export or import of gems.
Article 20. The sales of the gems in the form of raw materials on the territory of Vietnam are to perform at the Center or shopping gems have license to operate. Prohibiting the sale of precious stones exchange outside the legal market in any form.
The State Bank in collaboration with the local people's Committee governing the basis of buying and selling precious stones, issued the regulation on the Organization of activity of the Center or the bazaars, shops for the sale of gems.
Article 21. Based on tax brackets enacted by the National Assembly, the Ministry of finance together with the State Bank of the Prime export tax rates enacted apply to rough gems and precious stones over crafted; mode of fees in the sale and export of gems.
Article 22. The State encourages the Science Center, the universities, the research facility quality control for gems of business development or application of technology tools, quality control for gems; There is financial incentive policies for science and technology in the field of processing manipulated the gems in the spirit content of Decree No. 35-dated 28 January 1992 of the Council of Ministers (Government).
Article 23. Ministry of Commerce, the Steering Committee of the central market management in collaboration with the Ministry of Interior, General Directorate of customs, the State Bank held combating unauthorised business and against smuggling of gems. The Organization of the premises for the sale of gems materials must proceed simultaneously with the clearance sale venues the gem mining region of the illegal and the local.
 
V. REWARDS and SANCTIONS article 24. All activities investigated the geology of gem does not comply with the regulations of the Ministry of heavy industry, providing geological information about the gems because of the personal purposes or locally is the illegal activities must be dealt with according to the strict laws.
Article 25. The gem mining companies due to the province and the Ministry of industry, established that the Prime Minister must redo the procedure under this regulation and under Decree No. 95-dated 25 March 1992 regarding the enforcement of the Ordinance on mineral resources.
Article 26. The trade, import and export of gems do not follow the regulation of the State Bank is violating the law and sanctioned by law.
Individuals or organizations violating depending on heavy or light level will be processed according to the Ordinance on sanctioning administrative violations or prejudice criminal liability (for individuals). In all cases, the unauthorized trafficking gems seized and filed with the State Treasury or Treasury Department of the province, the city of wait handles.
Individuals or organisations in detecting, denounces and prevent the smuggling of gems be rewarded materially and spiritually under the current regime.
Article 27. Individuals or organizations working to protect the gem business if beneficial use positions of authority violated State and property of citizens or lack of responsibility in protecting serious damage to State property and citizens, then depending on the extent of that infringement is damages and administrative sanctions or being prejudice liable the (for individuals) under the provisions of the law.
 
VI. ENFORCEMENT OF TERMS

Article 28. These rules are effective from the date of signing, all rules regarding content on previously issued contrary to this regulation are repealed.
Article 29. At the latest after 30 days from the date of enactment of this regulation, the Minister of the Ministry of heavy industry, finance, the Interior, the Governor of the State Bank is responsible for issuing the guidelines text./.