What are the responsibilities of enterprises engaged in the production of gold jewelry and fine arts in Vietnam?
Amend the procedures for granting a license to import raw gold for jewelry?
On December 30, 2022, the Governor of the State Bank issued Circular 24/2022/TT-NHNN of Vietnam amending Circulars regulating administrative procedures in the field of foreign exchange management.
According to that, the content of amendments to regulations on procedures for granting a license to import raw gold for the production of gold jewelry and fine art is specified in Clause 2, Article 1 of Circular 24/2022/TT-NHNN of Vietnam as follows:
Enterprises wishing to import raw gold for the production of gold jewelry and fine art shall submit 01 set of dossiers service specified in Article 10 of Circular 16/2012/TT-NHNN of Vietnam directly to the One-Stop Department of the branch of the State Bank of Vietnam in the province or city where the enterprise's head office is located or via postal to obtain a license to import raw gold.
Note: For dossiers received by the State Bank of Vietnam before the effective date of Circular 24/2022/TT-NHNN of Vietnam but have not been reviewed and processed, it shall continue to be processed according to the method specified in Circular 16/2012/TT-NHNN, Circular 34/2015/TT-NHNN, and Circular 12/2016/TT-NHNN.
What are the responsibilities of enterprises engaged in the production of gold jewelry and fine arts in Vietnam?
What are the procedures for granting a license to temporarily import raw gold for re-export of products?
Pursuant to Clause 4, Article 16 of Circular 16/2012/TT-NHNN of Vietnam (amended by Clause 1, Article 1 of Circular 24/2022/TT-NHNN of Vietnam) on procedures for granting a license to temporarily import gold for re-export of products as follows:
Procedures for granting and adjusting the Certificate of eligibility for gold jewelry and fine art production; License to temporarily import raw gold for re-export of products
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4. Procedures for granting a license to temporarily import raw gold for re-export of products and procedures for adjusting the permit for temporary import of raw gold for re-export are carried out as follows:
a) Enterprises wishing to temporarily import raw gold for re-export of their products or modify their License for temporary import of raw gold for re-export of products shall send 01 set of dossiers specified in Article 11, Article 11a of this Circular in accordance with one of the following three ways:
(i) Submit online through the National Public Service Portal or on the State Bank Public Service Portal;
(ii) Submit directly at the One-Stop Department of the branch of the State Bank of Vietnam in the province or city where the enterprise's head office is located;
(iii) Send by postal service.
b) In case of sending online dossiers through the National Public Service Portal or on the State Bank Public Service Portal, electronic records may use digital signatures in accordance with the law on administrative procedures in the electronic environment. In case the system of the National Public Service Portal or the State Bank's Public Service Portal has problems or errors, it cannot receive and exchange electronic information, the declaration, sending, receiving, returning results, and exchanging information. Information exchange and feedback is done via postal service or directly at the State Bank's Single Window Department, branch in the province or city where the enterprise's head office is located;
c) The documents in the electronic file are electronic scanned from the original, the original (PDF file) or declared on the Public Service Portal of the State Bank;
d) The documents in the paper file are the original, the original or the copy certified by the enterprise about the copy from the original.
Thus, an enterprise wishing to temporarily import raw gold for re-export of its products or to adjust its License to temporarily import raw gold for re-export shall send 01 set of documents specified in Article 11, Article 11a of this Circular in accordance with one of the following three ways:
(i) Submit online through the National Public Service Portal or on the State Bank Public Service Portal;
(ii) Submit directly at the One-Stop-Shop Department of the State Bank branch in the province or city where the enterprise's head office is located;
(iii) Send by postal service.
- In case of submitting online dossiers through the National Public Service Portal or on the State Bank Public Service Portal, electronic records may use digital signatures in accordance with the law on implementation of administrative procedures on the Internet.
- In case the system of the National Public Service Portal or the State Bank's Public Service Portal has problems or errors, it cannot receive and exchange electronic information, the declaration, sending, receiving and returning results, information exchange and feedback is done via postal service or directly at the State Bank's Single Window Department, branch in the province or city where the enterprise's head office is located;
- Documents in electronic dossiers are electronic copies scanned from the original, the original (PDF file) or declared on the State Bank's Public Service Portal;
- Documents in paper dossiers are originals, originals or copies certified by the enterprise for copying from the originals.
What are the responsibilities of enterprises producing gold jewelry and fine arts in Vietnam?
According to the provisions of Article 6 of Decree 24/2012/ND-CP of Vietnam on the responsibilities of enterprises engaged in the production of gold jewelry and fine arts as follows:
Responsibilities of enterprises producing gold jewelry and fine arts in Vietnam
1. Affixing their signs, symbols and weight on their products, announcing applicable standards and product weight in accordance with law provisions, bearing responsibility before law for their announced applicable standards and announced weight of gold products manufactured by themselves.
2. Taking responsibility under law for the announcement of applicable standards and weight of gold products which have been processed on their behalf.
3. Complying with law provisions on accounting regime, invoices and accounting records.
4. Taking measures for safety in production and business, environmental protection, fire and explosion prevention and fighting.
5. Sustaining the conditions stipulated in Clause 1 Article 5 of this Decree
6. Complying with this Decree and other relevant law provisions.
Thus, enterprises engaged in the production of gold jewelry and fine arts must:
- Affixing their signs, symbols and weight on their products, announcing applicable standards and product weight in accordance with law provisions, bearing responsibility before law for their announced applicable standards and announced weight of gold products manufactured by themselves.
- Taking responsibility under law for the announcement of applicable standards and weight of gold products which have been processed on their behalf.
- Complying with law provisions on accounting regime, invoices and accounting records.
- Taking measures for safety in production and business, environmental protection, fire and explosion prevention and fighting.
- Sustaining the conditions stipulated in Clause 1 Article 5 of this Decree
- Complying with this Decree and other relevant law provisions.
Circular 24/2022/TT-NHNN of Vietnam takes effect from February 15, 2023.
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