CIRCULAR

ON AMENDMENTS TO SOME ARTICLES OF THE CIRCULAR NO. 16/2012/TT-NHNN DATED MAY 25, 2012 OF THE GOVERNOR OF THE STATE BANK OF VIETNAM ON GUIDANCE ON SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 24/2012/ND-CP DATED APRIL 03, 2012 ON MANAGEMENT OF GOLD BUSINESS

Pursuant to the Law on Credits Institutions No. 47/2010/QH12 dated June 16, 2010;

Pursuant to the Law on Credits Institutions No. 47/2010/QH12 dated June 16, 2010;

Pursuant to the Government’s Decree No. 156/2013/ND-CP dated November 11, 2013 defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;

Pursuant to the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

At the request of Director of the Foreign Exchange Management Department;

The Governor of the State Bank of Vietnam hereby adopts the Circular on amendments to some articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business (hereinafter referred to as “Circular No.16/2012/TT-NHNN”).

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1. Article 3 is amended as follows:

“Article 3. Conditions for issuance of gold material export or import licenses to manufacturers of gold jewelry

1. The manufacturer has a certificate of eligibility for manufacture of gold jewelry issued by the State Bank of Vietnam.

2. Demand of gold material import conforms to plan for manufacture of gold jewelry.

3. The manufacturer does not violate regulations of law on gold business and management of quality of gold jewelry sold on the market over the last 12 (twelve) months before the application for a gold material import license is submitted and over the period from that day to the date on which the gold material import license is issued.”.

2. The title of Section 3 is amended as follows:

“Applications for issuance and adjustment of the Certificate of eligibility for manufacture of gold jewelry, License for gold bullion trading and License for import and export of gold material”.

3. Article 8 is amended as follows:

“Article 8. Composition of the application for Certificate of eligibility for manufacture of gold jewelry

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2. A Certificate of enterprise registration and documents proving that the enterprise has registered for manufacture of gold jewelry in accordance with regulations of law.

3. Documents or materials proving the right to ownership or right to enjoyment of the manufacturing location; declaration of facilities and equipment serving the manufacture of gold jewelry; the plan for management of quality of gold jewelry sold on the market, including the declaration of applied standards and labeling of gold jewelry (using the template provided in the Appendix 1a enclosed herewith).”.

4. Article 8a is added after Article 8 as follows:

“Article 8a. Application for adjustment of Certificate of eligibility for manufacture of gold jewelry

1. A written request for adjustment of Certificate of eligibility for manufacture of gold jewelry.

2. A Certificate of enterprise registration.

3. In case of adjustment of manufacturing location specified in the Certificate of eligibility for manufacture of gold jewelry; the application must include documents proving the right to ownership or right to enjoyment of the manufacturing location; declaration of facilities and equipment serving the manufacture of gold jewelry at the new location.”.

5. Article 9 is amended as follows:

“Article 9. Application for License for gold bullion trading

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a) An application form for issuance of the License for gold bullion trading (using the template provided in the Appendix 2 enclosed herewith);

b) The list of locations registered as gold bullion trading locations (head office, branches or business locations);

c) A Certificate of enterprise registration, Certificate of branch registration and documents proving that locations registered as gold bullion trading locations according to the list mentioned in Point b of this Clause have been registered in accordance with regulations of law;

d) Documents issued by tax authorities certifying payment of tax on gold business over the last 02 (two) years;

dd) The audited financial statements of the 02 (two) previous years.

2. An application for License for gold bullion trading submitted by a credit institution includes:

a) An application form for issuance of the License for gold bullion trading (using the template provided in the Appendix 3 enclosed herewith);

b) The list of locations registered as gold bullion trading locations (head office, branches or business locations);

c) A Certificate of enterprise registration or Certificate of branch registration and documents proving that locations registered as gold bullion trading locations according to the list mentioned in Point b of this Clause have been registered in accordance with regulations of law.”.

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“Article 9a. Application for adjustment of License for gold bullion trading

1. If there is change in enterprise’s information specified in the License for gold bullion trading, the application includes:

a) A written request for permission to change enterprise’s information specified in the License for gold bullion trading;

b) A Certificate of enterprise registration.

2. If case of renaming or relocation of a gold bullion trading location, the application includes:

a) The application submitted by an enterprise includes:

(i) A written request for permission to rename or relocate the gold bullion trading location (using the template provided in the Appendix 3a enclosed herewith);

(ii) A Certificate of enterprise registration or Certificate of branch registration and documents proving that the new location for gold bullion trading have been registered in accordance with regulations of law;

b) The application submitted by a credit institution includes:

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(ii) A Certificate of enterprise registration (if the head office is changed); the written consent granted by the branch of the State Bank of the province or the Department of Banking Inspection and Supervision to renaming of the branch, relocation of the branch’s head office and relocation of the transaction office’s head office; documents submitted by the credit institution about the renaming of transaction office’s name.

3. The application for addition of a new gold bullion trading location includes:

a) A written request for permission to open a new gold bullion trading location (using the template provided in the Appendix 3b enclosed herewith);

b) Documents proving that the business location has been registered in accordance with regulations law.

4. In case of shutdown of a licensed gold bullion trading location, the application includes a written request for permission to shut down a licensed gold bullion trading location, stating reason thereof.”.

7. Clause 4a is added after Clause 4 of Article 10 as follows:

“4a. A report on the management of quality of gold jewelry sold on the market over the last 12 (twelve) months before the application is submitted, the report must clearly state the declaration of applied standards and labeling of gold jewelry (using the template provided in the Appendix 22 enclosed herewith).”.

8. Clause 5 of Article 10 is amended as follows:

“5. The enterprise’s plan for manufacture of gold jewelry (using the template provided in the Appendix 6a enclosed herewith).”.

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“Article 11. Application for License for temporary import of gold material for production of domestic exports submitted by enterprises that sign a contract with foreign partners for processing of gold jewelry

1. An application form for issuance of the License for temporary import of gold material for production of domestic exports (using the template provided in the Appendix 4 enclosed herewith);

2. A Certificate of enterprise registration.

3. The contract for processing of gold jewelry signed with foreign partners.

4. The enterprise's report on the import of gold material, manufacture and export of gold jewelry sold on the market over the last 12 (twelve) months before the application is submitted (using the template provided in the Appendix 7 enclosed herewith), enclosed with the list of gold temporary import and re-export declarations of gold temporary import and re-export and the document for monitoring import quantity certified by the customs authority (using the template provided in the Appendix 7a enclosed herewith).

5. The enterprise's plan for manufacture of gold jewelry.”.

10. Article 11a is added after Article 11 as follows:

“Article 11a. Application for adjustment of License for temporary import of gold material for production of domestic exports submitted by enterprises that sign a contract with foreign partners for processing of gold jewelry

1. A written request for adjustment of the License for temporary import of gold material for production of domestic exports.

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3. The enterprise’s report on the import of gold material, manufacture and export of gold jewelry from the date on which the License for temporary import of gold material for production of domestic exports is issued to the date on which the application is submitted (using the template provided in the Appendix 7 enclosed herewith), enclosed with the list of gold temporary import and re-export declarations and the document for monitoring import quantity certified by the customs authority (using the template provided in the Appendix 7a enclosed herewith).

4. The enterprise's plan for manufacture of gold jewelry.”.

11. Clause 3 of Article 12 is amended as follows:

“3. The report on the import, export and sale of gold products in Vietnam over the last 12 (twelve) months before the reporting date (in case the application for the report license is submitted in the planned year) or from the beginning of the year to the reporting date (in case of increase in quantity of gold import) (using the template provided in the Appendix 8 enclosed herewith), enclosed with the list of gold export and import declarations and the document for monitoring import quantity certified by the customs authority (using the template provided in the Appendix 7a enclosed herewith).

12. The title of Section 4 is amended as follows:

“Procedures for issuance and adjustment of the License for gold bullion trading, Certificate of eligibility for manufacture of gold jewelry, License for temporary import of gold material for production of domestic exports; issuance of License for import and export of gold material”.

13. Clause 1a is added after Clause 1 of Article 15 as follows:

“1a. In case of issuance of the License for gold bullion trading, after the State Bank of Vietnam receives the satisfactory application submitted by an enterprise or credit institution, the State Bank of Vietnam shall request the branch of the State Bank of the province to inspect the enterprise’s legal documents proving its right to ownership or right to enjoyment of the business location, and availability of necessary equipment for the trading of gold bullion at the registered location. Within 07 (seven) working days from the date on which the report submitted by the State Bank of Vietnam is received, the branch of the State Bank of the province shall submit a report on the inspection results to the State Bank of Vietnam (the Foreign Exchange Management Department).”.

14. Article 15a is added after Article 15 as follows:

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1. In case of change in the enterprise’s information specified in the License for gold bullion trading and relocation of gold bullion trading location, the license holder shall apply for adjustment of the License for gold bullion trading according to Clauses 2, 3 and 4 of this Article.

2. In case of change in enterprise’s information specified in the License for gold bullion trading

a) The enterprise shall submit 01 (one) application prescribed in Article 9a of this Circular to the State Bank of Vietnam;

b) Within 15 (fifteen) working days from the date on which the satisfactory application is received, the State Bank of Vietnam shall issue a decision on adjustment of License for gold bullion trading.

3. In case of renaming or relocation of a licensed gold bulltion trading location

a) The enterprise or credit institution shall submit 01 application specified in Article 9a of this Article, directly or by post, to the State Bank of Vietnam;

b) After the State Bank of Vietnam receives the satisfactory application submitted by an enterprise or credit institution, the State Bank of Vietnam shall request the branch of the State Bank of the province to inspect enterprise’s legal documents proving its right to ownership or right to enjoyment of the business location, and availability of necessary equipment for the trading of gold bullion at the registered location requested for addition or the new gold bullion trading location. In case of renaming of a gold bullion trading location, the branch of the State Bank of the province shall not inspect necessary equipment for the trading of gold bullion;

c) Within 07 (seven) working days from the date on which the report of the State Bank of Vietnam is received, the branch of the State Bank of the province shall submit a report on the inspection results to the State Bank of Vietnam (the Foreign Exchange Management Department);

d) The State Bank of Vietnam shall issue a decision on adjustment of License for gold bullion trading or issue a written notice about the refusal to the enterprise, credit institution and the branch of the State Bank of the province. Time limit for issuing a decision or a written notice is 15 (fifteen) days from the date on which a satisfactory application is received in case of renaming of a location and is 30 (thirty) working days from the date on which a satisfactory application is received in case of relocation of a location.

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a) Enterprise or credit institution shall submit a written request for permission to shut down a licensed gold bullion trading location, directly or by post, to the State Bank of Vietnam;

b) Within 15 (fifteen) working days from the date on which a satisfactory application is received, the State Bank of Vietnam shall issue a decision on adjustment of License for gold bullion trading to the enterprise or credit institution.

5. The decision on adjustment of License for gold bullion trading is an integral part of the License for gold bullion trading.”.

15. Article 16 is amended as follows:

“Article 16. Procedures for issuance and adjustment of the Certificate of eligibility for manufacture of gold jewelry; License for temporary import of gold material for production of domestic exports

1. An enterprise wishing to manufacture gold jewelry and enterprise wishing to import gold material in order to process gold jewelry for a foreign partner shall submit 01 (one) application specified in Article 8 or Article 11 of this Circular, directly or by post, to the branch of the State Bank of the province where the enterprise’s head office is located.

2. In case of change in information of the Certificate of eligibility for manufacture of gold jewelry; License for temporary import of gold material for production of domestic exports, the enterprise shall apply for adjustment of Certificate and License. The enterprise shall submit 01 (one) application specified in Article 8a or Article 11a of this Circular, directly or by post, to the branch of the State Bank of the province where the enterprise’s head office is located.

3. Regarding the procedures for issuance of Certificate of eligibility for manufacture of gold jewelry, according to the regulations on conditions, application and procedures specified in the Decree 24/2012/ND-CP, this Circular and results of inspection of facilities and equipment serving the manufacture of gold jewelry, within 30 (thirty) working days from the date on which a satisfactory application is received, the Director of the branch of the State Bank of the province shall issue or refuse to issue (stating reasons) the Certificate of eligibility for manufacture of gold jewelry (using the template provided in the Appendix 16 enclosed herewith).

4. Regarding the procedures for issuance of the License for temporary import of gold material for production of domestic exports, according to the regulations on conditions, application and procedures specified in the Decree 24/2012/ND-CP and this Circular, within 30 (thirty) working days from the date on which a satisfactory application is received, the Director of the branch of the State Bank of the province shall issue or refuse to issue (stating reasons) the Certificate of eligibility for manufacture of gold jewelry (using the template provided in the Appendix 17 enclosed herewith). The validity period of a License for temporary import of gold material for production of domestic exports is determined under the contract for processing of gold jewelry and is 12 (twelve) months from its issuance date. The production for domestic exports shall be carried out within the validity period of the License. The quantity of gold import is determined under the processing contract and the enterprise's plan for manufacture of gold jewelry.

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6. Regarding the procedures for issuance of the License for temporary import of gold material for production of domestic exports, according to the adjustment contract and regulations specified in this Circular, within 30 (thirty) working days from the date on which a satisfactory application is received, the Director of the branch of the State Bank of the province shall issue or refuse to issue (stating reasons) the decision on adjustment of License for temporary import of gold material for production of domestic exports (using the template provided in the Appendix 21 enclosed herewith). In case of adjustment of the validity period of the License, the period to be adjusted is determined under the processing contract and is 12 (twelve) months from the date of first issuance of License.  In case of adjustment of quantity of gold import, the quantity to be adjusted is determined under the processing contract, appendix and the enterprise’s plan for manufacture of gold jewelry.”.

16. Article 17 is amended as follows:

“Article 17. Procedures for issuance of the License for import of gold material for manufacture of gold jewelry

1. An enterprise wishing to import gold material to manufacture gold jewelry shall submit 02 (two) applications specified in Article 10 of this Circular, directly or by post, to the branch of the State Bank of the province to be issued with a License for import of gold material.

2. Within 20 (twenty) working days from the date on which a satisfactory application submitted by the enterprise is received, the branch of the State Bank of the province shall submit an application for issuance of the License for import of gold material to the State Bank of Vietnam (the Foreign Exchange Management Department). The application includes:

a) The branch of the State Bank of the province’s document covering comments on the enterprise's eligibility or ineligibility as prescribed in Article 3 of this Circular, including the management of quality of gold jewelry sold on the market and the conformity between the enterprise’s plan for manufacture of gold jewelry and demand of gold material import.

b) An application for license by an enterprise.

3. Within 17 (seventeen) working days from the date on which the application submitted by the branch of the State Bank of the province is received, the State Bank of Vietnam shall issue a written notice about the consent to or refusal of the issuance of license to the branch of the State Bank of the province.

4. Within 03 (three) working days from the date on which the written notice issued by the State Bank of Vietnam is received, the Director of the branch of the State Bank of the province shall issue or refuse to issue (stating reasons) the License for import of gold material for manufacture of gold jewelry (using the template provided in the Appendix 15 enclosed herewith).

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6. On a quarterly basis or where necessary, according to the enterprise’s report specified in Clause 3, Article 20 of this Circular, the branch of the State Bank of the province shall inspect and compare applications and documents related to the import of gold material for manufacture of gold jewelry.”.

17. Clause 1 of Article 18 is amended as follows:

“1. Documents and papers of the application specified in Section 3 of this Circular must be the originals or copies from the master registers or certified true copy in accordance with regulations of law or copies enclosed with their originals for comparison. In the cases where the applicant sends copies enclosed with their originals for comparison, the checker (person who compares copies and originals) shall be responsible for confirming accuracy of copies versus originals.”.

18. Section 4a is added after Section 4 as follows:

“Section 4a. APPLICATION AND PROCEDURES FOR SHUTDOWN OF GOLD BULLION TRADING AND MANUFACTURE OF GOLD JEWELRY

“Article 18a. Applications and procedures for shutdown of gold bullion trading

1. In the cases where an enterprise or credit institution voluntarily shuts down its gold bullion trading

a) The application submitted by an enterprise or credit institution to the State Bank of Vietnam of includes:

(i) A written request for permission to voluntarily shut down gold bullion trading, stating reasons thereof;

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(ii) The originals of documents that are an integral part of the enterprise or credit institution’s License for gold bullion trading (if any);

b) Within 15 (fifteen) working days from the date on which a satisfactory application submitted by the enterprise or credit institution is received, the Governor of the State Bank of Vietnam shall issue a decision on shutdown of gold bullion trading to the enterprise or credit institution (using the template provided in the Appendix 19 enclosed herewith).

2. In the cases where an enterprise or credit institution is required to shut down its gold bullion trading

a) Based on the inspection and supervision results or written request submitted by the competent authority, the Foreign Exchange Management Department shall submit the decision on shutdown of gold bullion trading to the Governor of the State Bank of Vietnam for issuance (using the template provided in the Appendix 19 enclosed herewith);

b) Within 05 (five) working days from the date on which the decision on shutdown of gold bullion trading issued by the State Bank of Vietnam is received, the enterprise or credit institution shall return the License for gold bullion trading and the originals of documents that are an integral part of the License (if any) and shall shut down its gold bullion trading.

“Article 18b. Application and procedures for shutdown of manufacture of gold jewelry

1. In the cases where an enterprise voluntarily shuts down its manufacture of gold jewelry

a) The application submitted by the enterprise to the branch of the State Bank of the province where the enterprise’s head office is located includes:

(i) A written request for permission to voluntarily shut down manufacture of gold jewelry, stating reasons thereof;

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(iii) The originals of documents that are an integral part of the the enterprise’s Certificate of eligibility for manufacture of gold jewelry (if any);

b) Within 15 (fifteen) working days from the date on which a satisfactory application is received, the Director of the branch of the State Bank of the province shall issue a decision on shutdown of manufacture of gold jewelry by the enterprise (using the template provided in the Appendix 20 enclosed herewith).

2. In the cases where an enterprise is required to shut down its manufacture of gold jewelry

a) Based on the inspection and supervision results or written request submitted by the competent authority, the Director of the branch of the State Bank of the province shall issue a decision on shutdown of manufacture of gold jewelry by the enterprise (using the template provided in the Appendix 20 enclosed herewith);

b) Within 05 (five) working days from the date on which the decision on manufacture of gold jewelry issued by the branch of the State Bank of the province is received, the enterprise shall return the original of Certificate of eligibility for manufacture of manufacture of gold jewelry and the originals of documents that are an integral part of the Certificate of eligibility for manufacture of gold jewelry (if any) and shall shut down its manufacture of gold jewelry.”.

19. Article 19 is amended as follows:

“Article 19. Reporting by branches of the State Bank of provinces

1. Branches of the State Bank of provinces shall submit quarterly and annual reports to the Governor of the State Bank of Vietnam (via the Foreign Exchange Management Department) on the management of gold business in these provinces (using the template provided in the Appendix 12 enclosed herewith).

2. Branches of the State Bank of provinces shall submit quarterly reports to the Governor of the State Bank of Vietnam (via the Foreign Exchange Management Department) on the issuance, revocation and adjustment of Certificate of eligibility for manufacture of gold jewelry in the previous month (using the template provided in the Appendix 12a enclosed herewith), enclosed with copies of the Certificate of eligibility for manufacture of gold jewelry, decision on adjustment of the Certificate of eligibility for manufacture of gold jewelry and decision on revocation of the Certificate of eligibility for manufacture of gold jewelry.

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4. Upon the issuance of License for import of gold material for manufacture of gold jewelry or issuance or adjustment of License for temporary import of gold material for production of domestic exports to an enterprise, the branch of the State Bank of the province shall send 01 (one) copy to the State Bank of Vietnam (via the Foreign Exchange Management Department).

5. Time limits for submitting periodic reports mentioned in Clauses 1, 2, 3 of this Article are as follows:

a) Monthly reports shall be submitted by the 10th of the following month;

b) Quarterly reports shall be submitted by the 20th of the first month of the following quarter;

c) Annual reports shall be submitted by the 20th of January of the following year.”

20. Article 20 is amended as follows:

“Article 20. Reporting by enterprises and credit institutions involved in gold business

1.  Every holder of the License for gold bullion trading shall submit daily, monthly, annual or unscheduled reports on gold bullion trading to the State Bank of Vietnam. Daily reports shall be submitted to the State Bank of Vietnam (the Foreign Exchange Management Department) and made according to the template provided in the Appendix 10a of this Circular. The monthly and annual reports submitted to State Bank of Vietnam (the Foreign Exchange Management Department, Banking Inspection and Supervision Authority) and the branches of the State Bank of provinces shall be made according to the template provided in the Appendix 10 of this Circular.

2. The gold business enterprise shall submit daily, monthly, annual or unscheduled reports on its gold business to the branch of the State Bank of the province according to the following regulations:

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b) A gold business enterprise that signs a contract with a foreign partner for processing of gold jewelry and is issued with a License for temporary import of gold material for production of domestic exports shall submit reports on import of gold material for manufacture and export of jewelry (using the template provided in the Appendix 7 enclosed herewith).

3. Every holder of the License for import of gold material for manufacture of gold jewelry shall submit daily, monthly, annual or unscheduled reports on import of gold material for manufacture of gold jewelry, manufacture and sale of gold jewelry from gold import (using the template provided in the Appendix 6 enclosed herewith).

4. Time limits for submitting periodic reports mentioned in Clauses 1, 2, 3 of this Article are as follows:

a) Daily reports shall be submitted before 02:00 pm of the following working day;

b) Monthly reports shall be submitted by the 05th of the following month;

c) Quarterly reports shall be submitted by the 15th of the first month of the following quarter;

d) Annual reports shall be submitted by the 15th of January of the following year.

5. Within 05 (five) working days since the shutdown of the contract signed with a foreign partner for processing of gold jewelry, the enterprise that signs a contract with a foreign partner for processing of gold jewelry and is issued with a License for temporary import of gold material for production of domestic exports shall submit a report on the execution of the processing contract enclosed with a processing contract finalization sheet certified by a customs authority to the branch of the State Bank of the province.

6.  Regulations on reporting by credit institutions (if any) shall apply to the content of the reports specified in Clause 1 of this Article.”.

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Article 2.

1. Clause 1, Article 4 of the Circular No. 16/2012/TT-NHNN is abrogated.

2. The phrase “tờ khai Hải quan” (“Customs declaration”) specified in Clause 4, Article 10, Clause 5 Article 13, Clause 4 Article 14, Appendix 8 and Appendix 9 of the Circular No. 16/2012/TT-NHNN is changed into “bảng kê khai các tờ khai Hải quan” (“List of customs declarations”).

3. The Appendices 6, 7, 10, 11, 12, 13, 16 and 17 enclosed with the Circular No. 16/2012/TT-NHNN are replaced with Appendices 6, 7, 10, 11, 12, 13, 16 and 17 enclosed with this Circular.

Article 3. Implementation clause:

1. This Circular comes into force from February 15, 2016.

2. Chief of Office, Director of the Foreign Exchange Management Department, heads of affiliates of the State Bank of Vietnam, Directors of branches of the State Bank of provinces or central-affiliated cities, Chairpersons of the Boards of Directors, Chairpersons of the Boards of Directors, and General Directors (Directors) of credit institutions or enterprises involved in gold business shall be responsible for implementing this Circular./.

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APPENDIX 1a

NAME OF ENTERPRISE

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. …./…..

…………….[place],…………….[date]

PLAN FOR MANAGEMENT OF QUALITY OF GOLD JEWELRY SOLD ON THE MARKET

To: The State Bank of Vietnam

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Name of enterprise:

Head office:

Phone number:                                          Fax:

Manufacturing location:

Full name of the competent representative:

2. The plan for management of quality of gold jewelry sold on the market is as follows:

- Types of gold jewelry to be manufactured;

- Applied standards, plan for declaration of applied standards, product labeling and other responsibilities according to regulation on management of quality of gold jewelry sold on the market.

We are committed to comply with regulation of law on management of quality of gold jewelry sold on the market and relevant regulations of law.

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Competent representative of enterprise
(Signature, seal and full name)

APPENDIX 3a

NAME OF CREDIT INSTITUTION/ENTERPRISE

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. …./…..

…. …. …………….[place],…………….[date]

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To: The State Bank of Vietnam

1. Name of credit institution/enterprise:

2. Head office:

3. Phone number:                                          Fax:

4. Full name of the competent representative:

5. License for gold bullion trading:

Pursuant to the conditions specified in the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business, the Circular No. 16/2012/ND-CP dated May 25, 2012 on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business and guidance specified in the Circular No. … dated … of the Governor of the State Bank of Vietnam, we hereby request the State Bank of Vietnam to consider permitting the renaming and/or relocation of gold bullion trading location of (name of credit institution/enterprise) as follows:

No.

Old name/address

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Reasons

1.

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- Take responsibility to the law for accuracy and honesty of documents and applications submitted to the State Bank of Vietnam;

- Comply with regulations on management of gold business, regulations on management of foreign exchange and relevant regulations of law.

Competent representative of credit institution/enterprise
(Signature, seal and full name)

Enclosures: (Credit institution/enterprise shall make a list of the enclosures).

APPENDIX 3b

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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. …./…..

…. …. …………….[place],…………….[date]

APPLICATION FORM FOR ADDITION OF GOLD BULLION TRADING LOCATION

To: The State Bank of Vietnam

1. Name of credit institution/enterprise:

2. Head office:

3. Phone number:                                          Fax:

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5. License for gold bullion trading:

Pursuant to the conditions specified in the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business, the Circular No. 16/2012/ND-CP dated May 25, 2012 on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business and the Circular No. … dated … of the Governor of the State Bank of Vietnam, we hereby request the State Bank of Vietnam to consider permitting the addition of gold bullion trading location of (name of credit institution/enterprise) as follows:

No.

Name

Address

Number of Certificate of business/ branch/ enterprise registration

1.

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We are committed to:

- Take responsibility to the law for accuracy and honesty of documents and applications submitted to the State Bank of Vietnam;

- Comply with regulations on management of gold business, regulations on management of foreign exchange and relevant regulations of law.

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Enclosures: (Credit institution/enterprise shall make a list of the enclosures).

APPENDIX 6

NAME OF ENTERPRISE
No. .../...
Phone number:                    Fax:

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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…………….[place],…………….[date]

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- The State Bank of Vietnam (the Foreign Exchange Management Department);
- The branch of the State Bank of … province/city.

REPORT ON IMPORT OF GOLD MATERIAL FOR MANUFACTURE OF GOLD JEWELRY
(Prepared by enterprises importing gold material to manufacture gold jewelry)

From… to…

Quota
(Kg)

Opening stock

Import

Manufacture

Closing stock

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Value (USD)

Quantity (Kg)

Value (USD)

Types

Output (Kg)

Value (VND)

Quantity (Kg)

Value (USD)

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1. Rings

- Round smooth rings

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- Other rings

2. Necklaces

3. Pendants

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Total

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Prepared by
(Signature, full name and phone number)

Competent representative of enterprise
(Signature, seal and full name)

Enclosures:

- Documents about import of gold material;

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- The document for monitoring import quantity certified by the customs authority.

APPENDIX 6a

NAME OF ENTERPRISE
No. .../...
Phone number:                      Fax:

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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…………….[place],…………….[date]

To: The branch of State Bank of…….

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No.

Name of items

Fineness (karat)

Unit

Quantity

Total quantity (kilogram)

Time for manufacturing 1 unit

Quantity of 99.99% gold material used for manufacture

Value (VND)

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Notes

1

Rings

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- Round smooth rings

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- Other rings

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2

Necklaces

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3

Pendants

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Total

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Notes: Specify weight of round smooth rings (one tenth of a tael, two tenths of a tael, five tenths of a tael, one tael, etc.), whether they bear or do not bear wrapping and quantity of each type. 

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Competent representative of enterprise
(Signature, seal and full name)

APPENDIX 7

NAME OF ENTERPRISE
No. .../...
Phone number:                       Fax:

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

…………….[place],…………….[date]

To: The branch of State Bank in…….

...

...

...

Quota
(kilogram)

Opening stock

Import

Manufacture

Export

Closing stock

Quantity (kilogram)

Value (USD)

Quantity (kilogram)

...

...

...

Output (kilogram)

Value (VND)

Quantity (kilogram)

Value (USD)

Quantity (kilogram)

Value (USD)

...

...

...

Total

...

...

...

...

...

...

Competent representative of enterprise
(Signature, seal and full name)

Enclosures:

- List of customs declarations;

- The document for monitoring import quantity certified by the customs authority.

APPENDIX 7a

NAME OF ENTERPRISE
No. .../...
Phone number:                      Fax:

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

...

...

...

…………….[place],…………….[date]

To: ………………………………………………………………

LIST OF CUSTOMS DECLARATIONS (EXPORT/IMPORT/ TEMPORY IMPORT AND RE-EXPORT)

No.

Declaration Number

Registration date

Exports

Gold import used for manufacture and processing of exports
(specified the quantity on each declaration)

Quantity (kilogram)

...

...

...

Types of gold

Quantity (kilogram)

Value (USD)

...

...

...

...

...

...

Prepared by
(Signature, full name and phone number)

Competent representative of enterprise
(Signature, seal and full name)

...

...

...

NAME OF CREDIT INSTITUTION/ENTERPRISE

No. …/ …
Phone number:                     Fax:

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

…………….[place],…………….[date]

To:

- The State Bank of Vietnam (the Foreign Exchange Management Department; Banking Inspection and Supervision Authority)
- The branch of the State Bank of…province/city

REPORT ON GOLD BULLION TRADING
(Prepared by enterprises and credit institutions issued with a License for gold bullion trading)
From… to…

...

...

...

Purchase

Sales

Weight (tael)

Value (VND)

Weight (tael)

Value (VND)

...

...

...

...

...

...

Total

Prepared by
(Signature, full name and phone number)

Competent representative of credit institution/enterprise
(Signature, seal and full name)

...

...

...

APPENDIX 10a

NAME OF CREDIT INSTITUTION/ENTERPRISE

No. …/ …

Phone number:                     Fax:

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

…………….[place],…………….[date]

To: The State Bank of Vietnam (the Foreign Exchange Management Department)

DAILY REPORTS ON GOLD BULLION TRADING
…………….[date]

Unit: tael, VND

...

...

...

Name of customers

Purchase

Sales

Weight (tael)

Value (VND)

Total weight (tael)

Total value (VND)

Customers purchasing from 5 to 10 taels

...

...

...

Customers purchasing > 50 taels

1

Individual customers

...

...

...

2

Organizational customers (*)

...

...

...

Customer A

...

...

...

Customer B

Total

...

...

...

Notes: (*) Make a list of customers

Prepared by
(Signature, full name and phone number)

...

...

...

APPENDIX 11

NAME OF ENTERPRISE
Phone number:           Fax:
No. ……

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

…………….[place],…………….[date]

To: The branch of State Bank in…….

REPORT ON MANUFACTURE OF GOLD JEWELRY
(Prepared by enterprises that manufacture gold jewelry in accordance with the Certificate of eligibility for manufacture of gold jewelry issued by the branch of the State Bank)

...

...

...

1. Purchase of gold material during the reporting period

No.

Transactions

Total weight of gold traded
(tael)

Total value of transactions
(VND)

Transactions

1.

The transaction with a value of 05 (five) taels of gold or more

...

...

...

2.

The transaction with a value of below 05 (five) taels of gold

Total

...

...

...

2. Manufacture of gold jewelry during the reporting period

Types of gold
(classified according to karat)

Output (kilogram)

Value
(million VND)

Accumulation from the beginning of the period
(kilogram)

Difference from the previous period
(%)

Expected output of the next period
(kilogram)

...

...

...

...

...

...

Total

…

….

Prepared by
(Signature, full name and phone number)

Competent representative of enterprise
(Signature, seal and full name)

...

...

...

APPENDIX 12

THE BRANCH OF THE STATE BANK OF VIETNAM
OF... PROVINCE/CITY
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. …….

…………….[place],…………….[date]

To: The State Bank of Vietnam (the Foreign Exchange Management Department)

REPORT ON MANAGEMENT OF GOLD BUSINESS

REPORT OF……………..(QUARTER/YEAR)

...

...

...

1.1. Number of enterprises:

1.2. Data of the summary report:

Type of gold
(classified according to karat)

Output (kilogram)

Value
(million VND)

Accumulation from the beginning of the year
(kilogram)

Difference from the previous period
(%)

Expected output of the next period
(kilogram)

...

...

...

...

...

...

Total

…

….

1.3. Difficulties and complaints:

2. The import of gold material for manufacture of gold jewelry of enterprises whose operations are conducted in accordance with the License issued by the branch of the State Bank within their area

1.1. Number of enterprises:

...

...

...

Types of gold

Quota
(kilogram)

Opening stock at the beginning of the year

Import

Manufacture

Closing stock at the end of the year

Quantity (kilogram)

Value (USD)

Quantity (kilogram)

...

...

...

Output (kilogram)

Value (VND)

Quantity (kilogram)

Value (USD)

...

...

...

Total

...

...

...

2.3. Difficulties and complaints:

3. The import of gold material of gold business enterprises that sign a contract with foreign partners for processing of gold jewelry within their area

3.1. Number of enterprises:

3.2. Data of the summary report:

Types of gold

...

...

...

Opening stock

Import

Export

Closing stock

Quantity (kilogram)

Value (VND)

Quantity (kilogram)

Value (VND)

Quantity (kilogram)

...

...

...

Quantity (kilogram)

Value (VND)

...

...

...

...

...

...

Total

...

...

...

3.3. Difficulties and complaints:

4. The management of gold business

Prepared by
(Signature, full name and phone number)

DIRECTOR
(Signature, seal and full name)

APPENDIX 12a

...

...

...

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. …...

..., …………….[place],…………….[date]

To: The State Bank of Vietnam (the Foreign Exchange Management Department)

REPORT ON ISSUANCE, REVOCATION AND ADJUSTMENT OF CERTIFICATE OF ELIGIBILITY FOR MANUFACTURE OF GOLD JEWELRY
Month..…Year…..

1. Issuance of Certificate of eligibility for manufacture of gold jewelry in the reporting month

No.

Name of enterprises

...

...

...

Certificate of eligibility for manufacture of gold jewelry

Number

Date of issuance

2. Revocation of Certificate of eligibility for manufacture of gold jewelry in the reporting month

...

...

...

Name of enterprises

Adress of head office

Certificate of eligibility for manufacture of gold jewelry

Decision on revocation of Certificate

Reasons

Number

Date of issuance

Number

Date

...

...

...

3. Adjustment of Certificate of eligibility for manufacture of gold jewelry in the reporting month

...

...

...

Name of enterprises

Certificate of eligibility for manufacture of gold jewelry

Adjustments

Written consent to adjustment

Number

Date of issuance

Before change

After change

Number

...

...

...

...

...

...

DIRECTOR
(Signature, seal and full name)

Notes: Regarding the first report from the effective date of this Circular, the branch of the State Bank of the province shall submit the report enclosed with the list of current holders of the Certificate of eligibility for manufacture of gold jewelry, specifying their name, address of head office, number and date of issuance of with the Certificate of eligibility for manufacture of gold jewelry.

APPENDIX 13

THE STATE BANK OF VIETNAM
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No.         /GP-NHNN

Hanoi,…………….[date]

...

...

...

LICENSE FOR GOLD BULLION TRADING

THE GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

Pursuant to the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of the gold business;

Pursuant to the Circular No. ... dated ... of the Governor of the State Bank of Vietnam on amendments to some articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

In consideration of the application form for License for trading of gold bullion and enclosures;

At the request of Director of the Foreign Exchange Management Department,

HEREBY DECIDES TO:

Article 1. Grant permission for:

...

...

...

2. Adress of head office

3. Charter capital:

to trade in gold bullions.

Article 2. [Name of credit institution/enterprise] that is only permitted to trade in gold bullions at branches/business locations in the list enclosed with this License; Openly post the certified true copy of License for gold bullion trading and list of branches/business locations at gold bullion trading locations.

Article 3. During its operation, the license holder shall: (responsibility of credit institution/enterprise opening gold bullion trading in accordance with applicable regulations).

Article 4. This License comes into force from the date on which it is signed

Article 5. This License is made into five (05) originals: one (01) issued to the name of credit institution/enterprise, three (03) kept at the State Bank of Vietnam and 01 (one) kept at the branch of the State Bank of...

...

...

...

APPENDIX 16

THE BRANCH OF THE STATE BANK OF VIETNAM
OF... PROVINCE/CITY
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. …./…..

…………….[place],…………….[date]

CERTIFICATE OF ELIGIBILITY FOR MANUFACTURE OF GOLD JEWELRY

THE BRANCH OF THE STATE BANK OF VIETNAM OF....

...

...

...

Pursuant to the Circular No. ... ... on guidance on the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

In consideration of the application form for Certificate of eligibility for manufacture of gold jewelry and enclosures of …,

HEREBY CERTIFIES:

Article 1. Certify that:

1. Name of enterprise:

2. The Certificate of enterprise registration No.

3. Adress of head office

Manufacturing location:

is eligible and permitted to manufacture gold jewelry.

...

...

...

Article 3. This Certificate comes into force from the date on which it is signed.

DIRECTOR

APPENDIX 17

THE BRANCH OF THE STATE BANK OF VIETNAM
OF... PROVINCE/CITY
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. …./…..

...

...

...

LICENSE FOR IMPORT OF GOLD MATERIAL FOR PRODUCTION OF DOMESTIC EXPORTS

THE BRANCH OF T HE STATE BANK OF....

Pursuant to the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

Pursuant to the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of the gold business;

Pursuant to the Circular No. ... dated ... of the Governor of the State Bank of Vietnam on amendments to some articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

In consideration of the application form for license for import of gold material for production of domestic exports and enclosures of …;

HEREBY DECIDES TO:

1. Grant permission for the enterprise …. to import gold material with a quantity of … kg (in words) through the ….. [name of the border checkpoint] …..for production of domestic exports, to be specific:

...

...

...

Quantity (Kg)

24K

18K

....

….

Total

...

...

...

2. Request the enterprise to strictly comply with regulations of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business, the Circular No. 16/2012/ND-CP dated May 25, 2012 of Governor of the State Bank of Vietnam on guidance on some articles of the Decree No. 24/2012/ND-CP, the Circular No. … dated … on amendments to some articles of the Circular No. 16/2012/TT-NHNN and other relevant regulations of law.

3. This License expires on ....

DIRECTOR

APPENDIX 18

THE BRANCH OF THE STATE BANK OF VIETNAM
OF... PROVINCE/CITY
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

...

...

...

…………….[place],…………….[date]

LICENSE FOR IMPORT OF GOLD MATERIAL FOR MANUFACTURE OF GOLD JEWELRY

THE BRANCH OF THE STATE BANK OF....

Pursuant to the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

Pursuant to the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of the gold business;

Pursuant to the Circular No. ... dated ... of the Governor of the State Bank of Vietnam on amendments to some articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

In consideration of the application form for license for import of gold material for manufacture of gold jewelry and enclosures of the … Company;

HEREBY DECIDES TO:

...

...

...

Types of gold (K)

Quantity (Kg)

24K

18K

…

….

Total

...

...

...

2. Request the enterprise to strictly comply with regulations of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business, the Circular No. 16/2012/ND-CP dated May 25, 2012 of Governor of the State Bank of Vietnam on guidance on some articles of the Decree No. 24/2012/ND-CP, the Circular No. … dated … on amendments to some articles of the Circular No. 16/2012/TT-NHNN and other relevant regulations of law.

3. This License expires on ....

DIRECTOR

APPENDIX 19

THE STATE BANK OF VIETNAM
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

...

...

...

Hanoi,…………….[date] 

DECISION ON SHUTDOWN OF GOLD BULLION TRADING

THE GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

Pursuant to the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of the gold business;

Pursuant to the Circular No. ... /2015/TT-NHNN dated ... of the Governor of the State Bank of Vietnam on amendments to some articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

In consideration of the written request No. … dated … of … (name of enterprise, credit institution) and enclosures; Based on the inspection results and written request No. … of … (name of the competent authority);

At the request of the Foreign Exchange Management Department,

...

...

...

Article 1. The following enterprise/credit institution is no longer allowed to trade in gold bullions:

Name of enterprise/credit institution:

Adress of head office:

Charter capital:

Article 2. (In the cases where an enterprise or credit institution is required to shut down its gold bullion trading)

Within 05 (five) working days from the date on which this decision is received, (name of enterprise/credit institution) shall return the original of the License for gold bullion trading and the originals of documents that are an integral part of the License (if any) and shall shut down its gold bullion trading.

Article 3. This Decision comes into force from the date on which it is signed.

...

...

...

APPENDIX 20

THE BRANCH OF THE STATE BANK OF VIETNAM
OF... PROVINCE/CITY
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. …./…..

…………….[place],…………….[date]

DECISION ON SHUTDOWN OF MANUFACTURE OF GOLD JEWELRY

THE BRANCH OF THE STATE BANK OF....

...

...

...

Pursuant to the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of the gold business;

Pursuant to the Circular No. ... dated ... of the Governor of the State Bank of Vietnam on amendments to some articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

In consideration of the written request No. … dated … of … (name of enterprise) and enclosures, Based on the inspection results and written request No. … of … (name of the competent authority),

HEREBY DECIDES:

Article 1. The following enterprise is no longer permitted to manufacture gold jewelry:

Name of enterprise:

Adress of head office:

The Certificate of enterprise registration No.

Article 2. (In the cases where an enterprise is required to shut down its manufacture of gold jewelry)

...

...

...

Article 3. This Decision comes into force from the date on which it is signed.

.

DIRECTOR

APPENDIX 21

THE BRANCH OF THE STATE BANK OF VIETNAM
OF... PROVINCE/CITY
-------

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. …………

...

...

...

DECISION

On adjustment of Certificate of eligibility for manufacture of gold jewelry/License for temporary import of gold material for production of domestic exports of (name of enterprise) ….. (specify the number of adjustments)

THE DIRECTTOR OF BRANCH OF THE STATE BANK OF VIETNAM OF...

Pursuant to the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

Pursuant to the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of the gold business;

Pursuant to the Circular No. ... dated ... of the Governor of the State Bank of Vietnam on amendments to some articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam on guidance on some articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on management of gold business;

In consideration of the written request No. … dated … of … (name of enterprise) and enclosures,

HEREBY DECIDES:

...

...

...

………………………………………………………..

Article 2. The decision on (name of enterprise)…’s Certificate of eligibility for manufacture of gold jewelry/License for temporary import of gold material for production of domestic exports comes into force from the date on which it is signed and is an integral part of the enterprise’s Certificate of eligibility for manufacture of gold jewelry/License for temporary import of gold material for production of domestic exports.

DIRECTOR

APPENDIX 22

NAME OF ENTERPRISE
No. .../...
Phone number:                      Fax:

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

...

...

...

…………….[place],…………….[date]

To: The branch of State Bank of…….

REPORT ON THE MEASUREMENT AND MANAGEMENT OF QUALITY OF GOLD JEWELRY SOLD ON THE MARKET

REPORT OF……………..(QUARTER/YEAR)

1. The declaration of standards applied to gold jewelry

2. The labeling of gold jewelry

...

...

...

Competent representative of enterprise
(Signature, seal and full name)