Is the enterprise registration certificate included in the dossier of application for granting a gold material import license in Vietnam?

Bấm vào đây để xem bản dịch tiếng Việt của bài viết này Click HERE to see the Vietnamese translation of this article
Question date: 31/03/2023

Is the enterprise registration certificate included in the dossier of application for granting a gold material import license for a manufacturer of gold jewelry and art crafts in Vietnam? - Question from My Le.

    • Is the enterprise registration certificate included in the dossier of application for granting a gold material import license for a manufacturer of gold jewelry and art crafts in Vietnam?

      Pursuant to Article 10 of the Circular 16/2012/TT-NHNN (amended by Clause 7 Article 1 of the Circular 38/2015/TT-NHNN, Clause 8 Article 1 of the Circular 38/2015/TT-NHNN, Clause 2 Article 2 of the Circular 38/2015/TT-NHNN, Clause 1 Article 2 of the Circular 15/2021/TT-NHNN and Clause 5 Article 1 of the Circular 24/2022/TT-NHNN) stipulating the dossier of application for granting a gold material import license for a manufacturer of gold jewelry and art crafts in Vietnam as follows:

      Dossier of application for granting a gold material import license for a manufacturer of gold jewelry and art crafts

      1. An application for granting a gold material import license (made according to the form 4 of this Circular).

      4. The enterprise's report on gold material import and manufacture of gold jewelry and art crafts in 12 (twelve) latest months before reporting, enclosed with the gold import customs declaration and reconciliation slip certified by the customs office (made according to the form 6 of this Circular).

      4a. Report on the implementation of the provisions of the law on quality control of gold jewelry and fine arts circulated on the market within 12 (twelve) months immediately preceding the time of application submission, in which the report clearly the announcement of applicable standards and labeling for gold jewelry and fine arts (made according to the form in Appendix 22 of this Circular).

      5. The enterprise's plan for production of gold jewelry and fine arts (made according to the form in Appendix 6a to this Circular).

      As regulations above, from 15/02/2023, the enterprise registration certificate is not necessary to be included in the dossier of application for granting a gold material import license for a manufacturer of gold jewelry and art crafts in Vietnam.

      Where can the dossier of application for granting a gold material import license for a manufacturer of gold jewelry and art crafts in Vietnam be submitted directly?

      Pursuant to Article 17 of the Circular 16/2012/TT-NHNN (amended by Clause 2 Article 1 of the Circular 24/2022/TT-NHNN) stipulating as follows:

      Procedures for licensing temporary import of gold material for manufacture of gold jewelry and art crafts

      1. The enterprise that wishes to import gold material for manufacture of gold jewelry and goldsmiths’ wares shall submit an application which is made according to Article 10 of this Circular directly to the single-window section of the SBV’s branch of the province or city where it is headquartered or by post.

      2. Within 7 (seven) working days after receiving a complete and valid dossier from an enterprise, a provincial-level State Bank branch shall send to the State Bank (the Foreign Exchange Management Department) a dossier of request for granting gold material import license, which includes:

      a/ The provincial-level State Bank branch's document gives opinion on the enterprise's eligibility or ineligibility as prescribed in Article 3 of this Circular;

      b/ The copy of the application for the license made by the enterprise.

      3. Within 30 (thirty) working days after receiving a dossier from a provincial-level State Bank branch, the State Bank shall send to that provincial – level State Bank branch a notice of approval or refusal for licensing.

      4. Within 3 (three) working days after receiving the State Bank's notice, the director of a provincial-level State Bank branch shall grant or refuse to grant (clearly stating the reason) a gold material import license for manufacture of gold jewelry and art crafts (made according to the form 15 of this Circular).

      5. The validity period of a license to import raw gold for the production of gold jewelry and fine arts is determined based on the enterprise's plan for gold jewelry and fine art production and is up to 12 (twelve) ) months from the date of issue.

      6. Quarterly or when necessary, on the basis of reports of enterprises as prescribed in Clause 3, Article 20 of this Circular, the State Bank's branches in provinces and cities shall check and compare dossiers and certificates words related to the import of raw gold for the production of gold jewelry and fine art.

      As regulations above, the enterprise that wishes to import gold material for manufacture of gold jewelry and goldsmiths’ wares shall submit an application directly to the single-window section of the SBV’s branch of the province or city where it is headquartered or by post.

      What are conditions for grant of gold material export or import licenses with respect to manufacturers of gold jewelry and art crafts in Vietnam?

      Pursuant to Article 3 of the Circular 16/2012/TT-NHNN (amended by Clause 1 Article 1 of the Circular 38/2015/TT-NHNN) stipulating conditions for grant of gold material export or import licenses with respect to manufacturers of gold jewelry and art crafts in Vietnam as follows:

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

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

      - 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.

      Best regards!

    - Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn

    - The content of the article is for reference only;

    - The applicable terms may have expired at the time you are reading;

    - If you have any questions about the copyright of the article, please contact us via Email: nhch@lawnet.vn;

    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 10 of the Circular 16/2012/TT-NHNN Download
    • Article 17 of the Circular 16/2012/TT-NHNN Download
    • Article 3 of the Circular 16/2012/TT-NHNN Download
    • Article 1 of the Circular 38/2015/TT-NHNN Download
    • Article 2 of the Circular 38/2015/TT-NHNN Download
    • Article 2 of the Circular 15/2021/TT-NHNN Download
    • Article 1 of the Circular 24/2022/TT-NHNN Download
    RESPONSIBILITY INFORMATION
    Let GOOGLE support you