Chapter I
GENERAL PROVISIONS
Article 1.- Subjects and scope of regulation
1. Subjects to be governed by this Decree shall include organizations and individuals conducting gold business activities, excluding gold mining and refining activities of gold mining enterprises.
2. This Decree’s scope of regulation covers activities of dealing in gold other than gold of international standard, including: gold jewelry, gold fine art items, ingot gold and raw material gold.
3. Dealing in gold of international standard shall comply with the Government’s Decree No. 63/1998/ND-CP of August 17, 1998 on the management of foreign exchange.
Article 2.- Interpretation of terms
In this Decree the following phrases shall be construed as follows:
1. "Gold business activities" mean activities of producing, processing gold products; gold purchase and sale, export and import in accordance with the provisions of law.
2. "Gold jewelry" means gold products whether or not set with gemstone, precious metals or other materials to meet people’s adornment needs, such as rings, necklaces, bracelets, earrings, pins, statues and other kinds.
3. "Gold fine art items" mean gold products whether or not set with gemstone, precious metals, or other materials to meet the artistic decoration needs, such as picture frames, statues, and other kinds.
4. "Ingot gold" mean gold beaten in ingots with various forms, stamped with figures indicating weight, quality and the manufacturer’s symbol and sign.
5. "Raw material gold" means gold in the forms of: pieces, bars, leaves, granules, wires, solution, powder, ornamental semi-finished products and other kinds, which are not gold of international standard.
Article 3.- Management of gold business activities
1. The Vietnam State Bank (hereinafter referred to as the State Bank) is the agency exercising the State management over gold business activities according to the provisions in this Decree.
2. The ministries, ministerial-level agencies, agencies attached to the Government and the People’s Committees of the provinces and centrally-run cities shall have the responsibility to exercise State management over gold business activities within the ambit of their respective functions, tasks and powers.
Article 4.- Tasks and powers of the State Bank
1. To elaborate legal documents on gold business activities and submit them to the competent authorities for promulgation or promulgate them according to its competence;
2. To grant and withdraw licenses for:
a/ Production of ingot gold;
b/ Gold export and import as prescribed in this Decree;
c/ Individuals to carry extra-quota gold upon entry or exit.
3. To supervise, inspect or coordinate with the functional agencies in supervising and inspecting the observance of law provisions on the management of gold business activities within the ambit of its functions and powers.
4. To discharge other tasks and powers related to gold business activities under the Prime Minister’s decisions.
Article 5.- The gold business association
Gold business organizations and individuals may establish a gold business association for coordinating and raising the quality of gold production and business activities, ensuring its members’ legitimate rights and interests as well as the national interests.
The establishment of the gold business association and its charter must be approved by the State Bank before submission to the competent authorities for decision.
Article 6.- Activities of foreign-invested enterprises
Foreign-invested enterprises licensed by the competent State agencies to operate in the field of production and processing of gold jewelry and fine art items shall, in the process of operation, have to strictly observe the provisions of the Law on Foreign Investment in Vietnam, the provisions of their investment licenses and the provisions of this Decree.
Article 7.- Competence to adjust the level of legal capital
The adjustment of the level of legal capital prescribed in Articles 8, 9 and 12 of this Decree shall be decided by the Prime Minister.
Tìm kiếm
Nghị định 174/1999/NĐ-CP (Bản Word)