The Decision amends and supplements provisions on gold trading on foreign accounts for credit institutions. The amendments focus on defining the status of gold and experience requirements.
Scope of application
Credit institutions are permitted to engage in gold trading on foreign accounts.
Key points
- The status of gold of credit institutions is defined as the net total position between domestic physical gold trading and gold trading on foreign accounts.
- Domestic physical gold trading must comply with the regulations on the conversion ratio of gold-denominated mobilized capital into currency.
- Credit institutions must hold a foreign exchange operation license from the State Bank of Vietnam and have at least one year of experience in one of the following areas: buying and selling gold, mobilizing and lending gold, importing and exporting gold.
🌐 Social impact of this document
- The positive impact is that clarifying the regulations on gold trading on foreign accounts will help credit institutions operate more transparently.
- The negative impact may be that the requirement for operational experience and a foreign exchange license will create a burden for new organizations wishing to enter the market.
❓ Frequently asked questions
How many years of experience does a credit institution need to be permitted to engage in gold trading on foreign accounts?
According to the regulations, credit institutions must have at least one year of experience in one of the following areas: buying and selling gold, mobilizing and lending gold, importing and exporting gold.
What license does a credit institution need to be permitted to engage in gold trading on foreign accounts?
According to the regulations, credit institutions must hold a foreign exchange operation license from the State Bank of Vietnam.
What does the status of gold of a credit institution include?
The status of gold of a credit institution is the net total position between permitted domestic physical gold trading and the status of gold trading on foreign accounts.
How must credit institutions comply with the regulations on the conversion ratio of gold-denominated mobilized capital into currency?
Permitted domestic physical gold trading must comply with the maximum conversion ratio regulations set by the State Bank of Vietnam for gold-denominated mobilized capital into currency.
When does this Decision take effect?
This Decision takes effect fifteen days after its publication in the Official Gazette.
Full text
DECISION
Regarding amending and supplementing Decision No. 03/2006/QD-NHNN dated January 18, 2006 of the Governor of the State Bank of Vietnam on gold tradingon foreign accounts
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GOVERNOR OF THE STATE BANK OF VIETNAM
Pursuant to the Law on the State Bank of Vietnam 1997, and the Law Amending and Supplementing Certain Provisions of the Law on the State Bank of Vietnam 2003;
Pursuant to the Law on Credit Institutions 1997, and the Law Amending and Supplementing Certain Provisions of the Law on Credit Institutions 2004;
Pursuant to Decree No. 52/2003/ND-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;
Pursuant to Decree No. 160/2006/ND-CP dated December 28, 2006 of the Government detailing the implementation of the Foreign Exchange Law;
At the proposal of the Director of the Foreign Exchange Management Department.
DECISION:
Article 1. Amend and supplement certain provisions of Decision No. 03/2006/QD-NHNN dated January 18, 2006 of the Governor of the State Bank of Vietnam on gold trading on foreign accounts as follows:
"2. Company Limited Tan Cang - Petro Cam Ranh (hereinafter referred to as Tan Cang - Petro Cam Ranh Company) is an enterprise directly serving national defense and security, with 100% capital contribution from state-owned enterprises holding 100% of the Charter Capital."
"2. The 'gold status of credit institutions' is the net aggregate status between the permitted domestic physical gold trading status and the foreign account gold trading status of credit institutions."
2. Supplement Clause 5 of Article 2 as follows:
"5. The 'permitted domestic physical gold trading status' is the gold status complying with the State Bank of Vietnam's regulations on the maximum conversion ratio of gold-denominated deposits into cash and other physical gold trading statuses."
3. Amend sub-item b of Clause 1 of Article 3 as follows:
"b) Having at least one year of experience in one of the following fields:
- Gold buying and selling activities;
- Gold deposit and lending activities;
- Gold import and export activities."
4. Amend Clause 2 of Article 3 as follows:
"2. For credit institutions: Credit institutions must have a foreign exchange business license issued by the State Bank of Vietnam."
Article 2. Effective Date
This Decision shall take effect fifteen days after its publication in the Official Gazette.
Article 3. Responsibility for Implementation
The Head of the Office, the Director of the Foreign Exchange Management Department, Heads of relevant units under the State Bank of Vietnam, Governors of the State Bank of Vietnam branches in provinces and centrally-administered cities, General Directors (Directors) of credit institutions, and enterprises permitted to trade gold on foreign accounts are responsible for implementing this Decision./.
DEPUTY DIRECTOR
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