CIRCULAR

AMENDMENT TO CIRCULAR NO. 16/2012/TT-NHNN DATED MAY 25, 2012 OF THE GOVERNOR OF THE STATE BANK OF VIETNAM (SBV) PROVIDING GUIDELINES FOR SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 24/2012/ND-CP DATED APRIL 03, 2012 ON GOLD BUSINESS

Pursuant to the Law on State Bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Credit Institutions dated Jun 16, 2010 and the Law dated November 20, 2017 on amendments to the Law on Credit Institutions;

Pursuant to the Ordinance on Foreign Exchange Control dated December 13, 2005 and the Ordinance dated March 18, 2013 on amendments to the Ordinance on Foreign Exchange Control;

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

Pursuant to he Government's Decree No. 85/2019/ND-CP dated November 14, 2019 on handling of administrative procedures via National Single Window and ASEAN Single Window and specialized inspection for exports and imports;

Pursuant to the Government's Decree No. 16/2017/ND-CP dated February 17, 2017 on functions, tasks, entitlements and organizational structure of SBV;

At the request of the Director of Foreign Exchange Department;

The Governor of SBV promulgates a Circular on amendment to Circular No. 16/2012/TT-NHNN dated May 25, 2012 of the Governor of the State Bank of Vietnam (SBV) providing guidelines for some Articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012 on gold business (hereinafter referred to as “Circular No. 16/2012/TT-NHNN”).

Article 1. Amendments to some Articles of Circular No. 16/2012/TT-NHNN

1. Clause 1b below is added after Clause 1a Article 15:

 “1b. In case a foreign-invested enterprise wishes to import gold material for manufacture of jewellery and applies for licensing using the national single-window system, the application for licensing import of gold material prescribed in Article 12 of this Circular shall be sent to the National Single-window Information Portal.”.

2. Clause 5 below is added to Article 15:

“5. Procedures for issuing the license to import gold material to a foreign-invested enterprise for manufacture of jewellery using the national single-window system:

Rules for declaring, sending, receiving, returning, exchanging, providing information about the application for issuing the license to import gold material to a foreign-invested enterprise for manufacture of jewellery

- Digital signature shall be used for the electronic application submitted to the National Single-window Information Portal. Information shall be sent using digital signature on the National Single-window Information Portal and the specialized processing system of SBV according to Decree No. 85/2019/ND-CP and its amending or replacing documents (if any);

- In case the National Single-window Information Portal or SBV’s specialized processing system is not functional or otherwise cannot receive or send electronic information, information shall be exchanged by post or in person at the reception department of SBV.

- Documents in the electronic application shall be scanned copies of originals or original documents (in PDF, TIF, JPG formats), except the application form which is submitted on the National Single-window Information Portal. Physical documents shall be originals or copies that are extracted from master registers or certified true copies prescribed by law or copies enclosed with originals for comparison. In case the applicant submits copies enclosed with originals for comparison.

b) Procedures for issuing the license to import gold material to a foreign-invested enterprise for manufacture of jewellery:

- The enterprise shall prepare and submit 01 application to SBV according to Clause 1b and Point a of this Clause;

- Within 15 working days from the day on which the satisfactory application is received according to Article 12 of this Circular, SBV shall decide whether to issue the license or reject the application (and provide explanation) according to the form in Appendix No. 15 hereof and send it to the enterprise according to Point a of this Clause. In case the application is unsatisfactory, SBV shall notify the enterprise.”.

3. Clause 6 of Article 16 is amended as follows:

“6. Regarding procedures for revising the license for temporary import of gold material for re-export of products, on the basis of the revised contract and regulations of this Circular, within 30 working days from the receipt of the satisfactory application, the Director of SBV’s provincial branch shall decide whether to issue the decision to revise the license or reject the application (and provide explanation) according to the form in Appendix No. 21 hereof). In case of extension of the license, the revised duration shall be conformable with the revised processing contract and not exceeding 12 months from the issuance date of the revised license. In case of change to the amount of imported gold material, the revised amount shall be conformable with the processing contract, its Appendices and the enterprise’s jewellery production plan.”.

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

“1. The documents specified in Section 3 of this Circular, unless the application is submitted through the national single-window system, shall be originals or copies that are extracted from master registers or certified true copies prescribed by law or copies enclosed with originals for comparison. In case the applicant submits copies enclosed with originals for comparison, the comparing person shall be responsible for the authenticity of the copies.”.

5. Clause 1a of Article 20 is amended as follows:

“1a. Every quarter, enterprises and credit institutions that are granted the license for gold bar trading shall submit reports on the changes (according to Appendix No. 10b hereof) including: license holder’s information on the license; change of tradng location (including change of name, address of the trading location, addition of trading location, termination of gold bar trading at a licensed location). To be specific:

Enterprises and credit institutions shall submit reports of the entire system to SBV (Foreign Exchange Department) and SBV’s provincial branches of the provinces where they are headquartered;

b) Enterprises and credit institutions shall submit reports of their branches and transaction offices that have changes to SBV’s provincial branches of the provinces the branches and transaction offices are located.”.

Article 2. Replacement of some phrases and appendices of Circular No. 16/2012/TT-NHNN

1. The phrase “phiếu trừ lùi có xác nhận của Hải quan” is replaced with “Phiếu trừ lùi in từ hệ thống thông tin nghiệp vụ Hải quan có xác nhận của doanh nghiệp về tính chính xác của tài liệu này” in Clause 4 Article 10, Clause 4 Article 11, Clause 3 Article 11a, Clause 3 Article 12, Clause 5 Article 13, Clause 4 Article 14, Appendices 6, 7, 8, 9 of Circular No. 16/2012/TT-NHNN .

2. The phrase “nộp trực tiếp hoặc gửi qua đường bưu điện” is replaced with the phrase “nộp trực tiếp tại Bộ phận một cửa hoặc qua dịch vụ bưu chính” in Clause 1 Article 15, Clause 1 and Clause 2 Article 16, Clause 1 Article 17 of Circular No. 16/2012/TT-NHNN .

3. Appendix 10b of Circular No. 16/2012/TT-NHNN , which is amended by Circular No. 29/2019/TT-NHNN, is replaced with Appendix 10b enclosed with this Circular.

Article 3. Organization of implementation

Chief of Office, Director of Foreign Exchange Department, Chief of Banking Inspectorate, heads of units of SBV, Directors of SBV’s provincial branches, gold-trading enterprises and credit institutions are responsible for organizing the implementation of this Circular.

Article 4. Implementation clause

1. This Circular comes into force from November 20, 2021.

2. This Circular abrogates:

Clause 17 Article 1 of Circular No. 38/2015/TT-NHNN dated 31/12/2015 of the Governor of SBV on amendments to Circular No. 16/2012/TT-NHNN .

b) Clause 1, Clause 2 and Clause 4 Article 1 of Circular No. 29/2019/TT-NHNN.

c) Appendix 10b of Circular No. 29/2019/TT-NHNN./.