Decree 390/2026/ND-CP amend Decree 24/2012/ND-CP on management of gold business activities

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012, on management of gold business activities, which was amended and supplemented under Decree No. 232/2025/ND-CP

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on the State Bank of Vietnam No. 46/2010/QH12;

Pursuant to the Law on Credit Institutions No. 32/2024/QH15, amended and supplemented under Law No. 96/2024/QH15;

Pursuant to the Law on Foreign Trade Management No. 05/2017/QH14;

Pursuant to the Commercial Law No. 36/2005/QH11;

Pursuant to the Law on Enterprises No. 59/2020/QH14, amended and supplemented under Law No. 76/2025/QH15;

Pursuant to the Law on Standards and Technical Regulations No. 68/2006/QH11, amended and supplemented under Law No. 35/2018/QH14 and Law No. 70/2025/QH15;

Pursuant to the Law on Product and Goods Quality No. 05/2007/QH12, amended and supplemented under Law No. 35/2018/QH14 and Law No. 78/2025/QH15;

Pursuant to the Law on Measurement No. 04/2011/QH13;

Pursuant to the Law on Investment No. 143/2025/QH15;

At the proposal of the Governor of the State Bank of Vietnam;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 24/2012/ND-CP dated April 03, 2012, on management of gold business activities, which was amended and supplemented under Decree No. 232/2025/ND-CP.

Article 1. To amend and supplement a number of clauses of Article 4

1. To amend and supplement Clause 4 Article 4 as follows:

“4. The management of gold trading activities aims to promote the stable and sustainable development of the gold market.”

2. To amend and supplement Clause 6 Article 4 as follows:

“6. Gold bar production and gold bar trading activities are conditional business activities and must be licensed by the State Bank with a gold bar production license and a gold bar trading license. The activities of trading gold material by enterprises and commercial banks producing gold bars shall be carried out in accordance with this Decree.”

3. To amend and supplement Clause 7 Article 4 as follows:

“7. The production, processing and trading of gold jewelry and art crafts do not belong to the sectors and trades subject to conditional business investment. Organizations and individuals engaged in the production, processing and trading of gold jewelry and art crafts shall comply with the laws on quality of products and goods, standards, measurement, goods labels, price listing, invoices, documents, taxes, fire prevention and fighting, environmental protection, protection of consumers’ interests, anti- money laundering, and other relevant laws.”

4. To amend and supplement Clause 10 Article 4 as follows:

“10. Payments for gold trading with a value of VND 5 million or more per day by a customer must be made through his/her cashless payment instruments in accordance with the law on cashless payment.”

Article 2. To amend and supplement a number of points and clauses of Article 14

1. To amend and supplement Clause 4 Article 14 as follows:

“4. An enterprise registered to produce and process gold jewelry and art crafts, and having a contract for processing gold jewelry and art crafts with a foreign party shall be considered by the State Bank for the grant of the permit for gold material import for performance of the processing contract and export of the processed products, provided that its demand for importing gold material is consistent with such contract.”

2. To amend and supplement Clause 5 Article 14 as follows:

“5. Annually, the State Bank shall consider granting permits for gold material import to a foreign-invested enterprise based on its production capacity, performance of contracts for processing or exporting gold jewelry and art crafts, and reports on the export of gold jewelry and art crafts in the preceding year, if any, provided that the following conditions are satisfied:

a) It is established in accordance with Vietnamese law, and registered the production and processing of gold jewelry and art crafts;

b) Its gold material import demand matching its contracts for processing or exporting gold jewelry and art crafts.”

3. To amend and supplement Clause 8 Article 14 as follows:

“8. The export and import of the following types of gold shall be carried out in accordance with the enterprise registration certificates, the customs law and relevant specialized law:

a) Gold material in the forms of powder, solution, solder flakes, gold salts, wire and tubes, and gold jewelry in semi-finished form;

b) Gold used as raw materials for manufacturing electronic components, electronic equipment, medical equipment and medical instruments.”

4. To amend and supplement Point dd.4 Clause 10 Article 14 as follows:

dd.4) Sale to enterprises registered for the production of gold jewelry and art crafts.”

5. To amend and supplement Point e Clause 10 Article 14 as follows:

e) To establish an information system for complete and accurate processing and storing of data on export, import, trading, use and inventory of imported gold material; data on gold material purchase and sale transactions; and to connect and provide information to the State Bank in accordance with regulations of the Governor of the State Bank.”

Article 3. To amend and supplement Clause 5 Article 16

“5. To conduct inspection and examination, within the scope of its state management of gold trading activities, of the production of gold bar; gold bar trading; gold bar and gold material export and import; compliance with regulations on licensing, quotas, reporting, purchase, and use of imported gold material, and gold trading activities specified in Clause 9 Article 4 of this Decree.”

Article 4. To amend and supplement Clause 3 Article 17

“3. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with the State Bank and relevant agencies in, formulating and promulgating national standards applicable to gold jewelry, art crafts and gold bars; inspecting and managing measurement and quality of gold jewelry and art crafts, gold bars, and gold material in production, import, and circulation on the market; and calibrating measuring instruments of gold trading enterprises.”

Article 5. To amend and supplement Article 20

“Article 20. Reporting regime

Enterprises and commercial banks engaged in gold trading must report on their production and trading of gold bars; gold import and export; purchase and sale, use and inventory of imported gold material; performance of contracts for processing or exporting gold jewelry and art crafts in case where the gold material import permit has been granted; and the sale of imported gold material in accordance with regulations of the State Bank and competent agencies.”

Article 6. To repeal Articles 5, 6, 7, 8, 9; Point a Clause 3 Article 16, and Clause 1 Article 19.

Article 7. Effect and implementation responsibility

1. This Decree takes effect from October 16, 2026.

2. Certificates of eligibility for production of gold jewelry and art crafts granted by the State Bank before the effective date of this Decree shall no longer constitute a condition for organizations and individuals to engage in the production of gold jewelry and art crafts.

3. For dossiers of application for grant or modification of certificates of eligibility for production of gold jewelry and art crafts which were submitted before the effective date of this Decree, but remain unprocessed by that date, the State Bank shall terminate their processing and notify the organizations and individuals that submitted such dossiers. The paid fees and charges, if any, shall be handled in accordance with the law on charges and fees.

4. Contents and validity of the permits for gold import and export; permits for gold temporary import for product re-export, quotas for gold material export and import granted or determined by the State Bank before the effective date of this Decree shall continue to be implemented, unless such permits or quotas are modified or revoked in accordance with law. Any grant, modification or renewal thereto after the effective date of this Decree shall comply with this Decree.

5. The Governor of the State Bank shall provide instructions and organize the implementation of this Decree.

6. Ministers, heads of ministerial-level agencies, Chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.