Circular 15/2021/TT-NHNN amending Circular 16/2012/TT-NHNN on management of gold business activities

CIRCULAR

Amending and supplementing a number of articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012, of the Governor of the State Bank of Vietnam, guiding a number of articles of the Government's Decree No. 24/2012/ND-CP of April 3, 2012, on management of gold business activities

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Pursuant to the Law No.46/2010/QH12 on the State bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Credit Institutions dated June 16, 2010, and the Law on Amending and Supplementing a Number of Articles of the Law on Credit Institutions dated November 20, 2017;

Pursuant to the Ordinance on Foreign Exchange dated December 13, 2005, and the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Foreign Exchange dated March 18, 2013;

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

Pursuant to Government’s Decree No. 85/2019/ND-CP dated November 14, 2019, prescribing the performance of administrative procedures under the national single-window mechanism and ASEAN Single-Window mechanism and specialized inspection of imports and exports;

Pursuant to the Government's Decree No. 16/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

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

The Governor of the State Bank of Vietnam hereby promulgates the Circular amending and supplementing a number of articles of the Circular No. 16/2012/TT-NHNN dated May 25, 2012, of the Governor of the State Bank of Vietnam, guiding a number of articles of the Government's Decree No. 24/2012/ND-CP of April 3, 2012, on management of gold business activities (hereinafter referred to as the Circular No. 16/2012/TT-NHNN).

Article 1. To amend and supplement a number of articles of the Circular No. 16/2012/TT-NHNN

1. To add Clause 1b after Clause 1a of Article 15 as follows:

“1b. In case a foreign-invested enterprise wishing to import gold material for the manufacture of gold jewelry and art crafts requests for licensing according to the national single-window mechanism, it shall submit a dossier specified in Article 12 of this Circular to the Vietnam National Single Window portal to obtain a gold material import license.”.

2. To add Clause 5 to Article 15 as follows:

“5. Procedures for grant of gold material import licenses for foreign-invested enterprises for manufacturing gold jewelry and art crafts according to the national single-window mechanism are prescribed as follows:

a) Principles of declaring, sending, receiving, and returning results, exchange and feeding back information about dossiers of request for grant of gold material import licenses for foreign-invested enterprises for manufacturing gold jewelry and art crafts:

- An e-dossier with a digital signature is sent on the Vietnam National Single Window portal. The declaring, sending, receiving, and returning results, exchanging and feeding back information, using digital signatures on the Vietnam National Single Window portal and the specialized processing system of the State Bank of Vietnam shall comply with the Government's Decree No. 85/2019/ND-CP dated November 14, 2019, prescribing the performance of administrative procedures under the national single-window mechanism and ASEAN Single-Window mechanism and specialized inspection of imports and exports, and amending, supplementing or replacing documents (if any);

- In case the Vietnam National Single Window portal or specialized processing system of the State Bank of Vietnam encounters incidents or contains errors, thus making it/them unable to receive and exchange e-information, the declaring, sending, receiving and returning results, exchanging and feeding back information shall be implemented by portal service or directly at the department in charge of receiving and returning results of the State Bank of Vietnam;

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