Advanced Search

333-Cthđbt Decision: On The Organization, Manage The Operation Of Geological Investigation, Exploration, Mining, Manufacturing And Trafficking The Gems

Original Language Title: Quyết định 333-CTHĐBT: Về tổ chức, quản lý các hoạt động điều tra địa chất, thăm dò, khai thác mỏ, chế tác và buôn bán đá quý

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The DECISION About the Organization, manage the operation of geological investigation, exploration, mining, manufacturing and trafficking the gems the PRESIDENT of the COUNCIL of MINISTERS pursuant to the law the Council of Ministers held on July 4, 1981;
Pursuant to the law of private business and corporate law;
Based on mineral resources Ordinance on July 28, 1989, the Banking Ordinance on May 23, 1990;
Consider the required production development-business gem, DECIDED: I-GENERAL PROVISIONS article 1: gem in this decision say includes: diamond, Emerald, sapia, rubi and other natural gems of equivalent value.
Article 2: gem resources, irrespective of the concentration scale large or small, is the main minerals or minerals associated with other minerals, above the surface or deep in the ground, have been or not been investigating geological exploration, are either not yet mined in nationwide precious resources are owned by the whole people, unified management by the State.
All activities of geological investigation, exploration and mining, manufacturing, trade, import and export of gems all have to obey the law, the provisions of this decision and subject to the checking, monitoring of the competent State bodies.
Article 3: the Ministry of heavy industry of Unity State management work of geological investigation, exploration, mining, gem resources protection, environmental protection is related to the exploitation of precious stones, protecting legitimate interests for those who exploit the legitimate gems.
State Bank of Unity State management work activities, trafficking, import and export of gems, organize and manage the gems market in the country and manage the import and export of gems (hereinafter referred to as the gem market has Organizer); ensure market order and protect legitimate interests for those who manipulated, legitimate gems trade.
The Finance Ministry and the competent State agencies issued under the authority of The Minister or the specific provisions about the taxes, fees, financial accounting regime of obligations and rights relating to the production and trading of precious stones in accordance with the provisions of this decision.
The Interior Ministry issued and checked, monitoring the enforcement of the regulation on ensuring economic security and order, social safety in the operation of geological investigation and manufacture-trading gems, in collaboration with the local departments concerned organized and directed the implementation of that regulation.
Ministries, other State agencies involved in collaboration with the aforementioned agencies issued the rules under his management functions and checks, monitoring the implementation of those provisions.
Article 4: the Committee level perform management functions of State administration according to geographical territories, responsible for supervising the enforcement of the law and legal disposal of unauthorized activities in geological investigation, exploration – mining, manipulated and trafficking in precious stones according to the provisions of this decision; education, the people make the right and obligation to protect resources, protect the environment, ensure the security order.
Article 5: The economic organizations and citizens have legal capacity in Vietnam enough on financial conditions, career and business ability according to the regulations of the Ministry of heavy industry and the State Bank would like to exploit, manipulate, gem dealers have to do enough procedures to be competent authority granted the license.
The State shall encourage and create favorable conditions as well as the protection of the legitimate interests of organizations and individuals allowing State were exploited, manipulated, trade in precious stones.
 
II-the WORK of GEOLOGICAL SURVEY, ASSESSMENT of POTENTIAL and GEM MINES CLASS article 6: Bureau of geology of Vietnam under the Ministry of heavy industry is responsible for organizing the work of the geological survey, assessment of potential and gems in nationwide by the State budget according to the plan by the Minister of heavy industry.
The geological organization assigned the task said on air are combined business organization gems.
The material about geology and gemstones resources are managed and used under the regime of State Security documents.
Article 7: according to the results of geological survey said in article 6, The heavy industry Division the quarry prospects. The mine has great prospects, the subdivision-tender. The mine has the prospects of lower then stock-sale pricing.
Standard class mine by Ministry of heavy industry.
The standard price for bidding, specific price sale of securities by the Ministry of heavy industry along the Finance Ministry decision.
The bidding rules, organization and operating the tender due to The heavy industry chaired with the participation of the Ministry of finance, the Ministry of the Interior, economic arbitration agencies and people's committees where there are mines.
 
III-GEM MINING article 8: the business of gems (organization or individual) says in article 5 of this decision have the right to bid or buy securities on gem mining to proceed.
Business stock purchased bid, once done the financial procedures, the heavy industry now permits the use of resources.
Only business was started after mining has been granted a license to use the resource.
Article 8: The organization and foreign individuals not be bid and buy securities on GEM mines to tap precious stones, is not involved in the activities of geological investigation, exploration and mining of gems in any way.
 
IV-MACHINED, MANIPULATED and GEM TRAFFICKING article 10: All organizations and individuals are eligible to practice offshoring, manipulated, gem dealers as stipulated by the State Bank and the State Bank to be granted a business license may be manipulated, making jewelry with gemstones and gemstone dealers.
Gem source materials to machining, manipulated to be legitimate sources (by self tapping, buys at the market has held gems, get processed, manipulated for organizations and individuals having legitimate sources of raw gemstones).
Article 11-economic institutions and foreign individuals are allowed to invest in the field of machining, traders manipulated the gems in a form prescribed by the law on foreign investment in Vietnam.
Article 12-The economic organizations and individuals are allowed to practise the extraction, processing, manufacturing, trafficking in precious stones, are allowed to purchase precious stones in the country or export gems abroad in certain places by State Bank organization; the sale in addition to the places that are considered illegal gem trade.
Article 13: In the place of sale, the export of precious stones by the State Bank of the Organization, who are trading rights and obligations: the fixed prices through auction mechanism.
Be the expert appraisal of State Bank review, for comments due diligence if requested.
Entrance fees and other service charges, if any.
Implementation of tax obligations.
Do the procedures borrowed bank credit.
Licensed certified gem ownership has just been bought.
Get the license put gems abroad when buying gems at the State Bank held the sales of the precious stones for export.
Article 14: The import and export of gems and gem shops opened in foreign banks by the State management.
The Organization of production-business gem if enough of the conditions prescribed by the Bank are considered to permit the direct export of gems and gem shop open in foreign countries.
Unlicensed organizations and individuals wanting to join the import and export of gems and semi precious stones engagement abroad is mandated for licensed institutions.

Article 15: the State Bank issued a regulation governing the place of sale, import and export of gems and gem shop open in foreign countries; the construction organization plan to implement, in collaboration with the industry, the relevant local organizations perform each step, there are plans, key organizations about monetary services cater to the exploration, exploitation, processing and trafficking in precious stones.
V-terms of the IMPLEMENTATION of article 16: the decision has effect from the date of signing. The previous provisions contrary to this decision were dismissed.
Organizations and individuals conducting geological investigation, exploration-exploitation, trafficking, import and export of gems contrary to the provisions of this decision depending on the level of heavy or light subjected to administrative sanctions or prejudice criminal liability under the law. In any case, the number of precious stones mining, buying and selling, illegal import and export are seized; violators can also be fined up to three times the value of the gems seized.
Article 17: the latest after 30 days from the date of signing of this decision, the Minister of the Ministry of heavy industry, finance, the Interior, the Governor of the State Bank, heads of ministries, State committees, other bodies concerned in the Council of Ministers are responsible to the President of the Council of Ministers issued or under his authority to enact the Statute and writing guides does.
Within 60 days from the date of signing of this decision, the Ministers and heads of agencies mentioned above must review the review of institutions and individuals are exploited, manipulated, gem dealers don't have permits, guide them to do the necessary procedures to consider licensing; help individuals are exploited, manipulated, trafficking is not enough gems to the conditions specified in this decision and the accompanying text, created the voluntary organizations are eligible to be considered a license to continue operating the business.
After the deadline it must suspend the activities of the organizations and the individuals exploited, manipulated the illegal gem trade.