Circular No. 110/2011/TT-BTC guides the amendment and supplementation of Circular No. 22 TC/KBNN dated 1993 on the return of gold, silver, and personal effects temporarily held for certain objects that have been processed. This circular specifies the subjects to be considered for the return and the principles for issuing decisions on handling.
要点
- The original owner is a Vietnamese citizen currently residing abroad and a foreigner (with a request to reclaim property) who is considered eligible for the return of gold, silver, and personal effects temporarily held but has not yet received a decision from the competent authority.
- If the original owner has already been reviewed and handled by the Gold and Silver Disposal Committee of the province or city, the Gold and Foreign Currency Inventory and Transfer Committee of the State at the provincial or municipal level shall base their decision on the conclusions recorded in the minutes of the previous committee to issue a decision on handling.
- If the original owner has not been reviewed and handled by the Gold and Silver Disposal Committee, the Gold and Foreign Currency Inventory and Transfer Committee of the State at the provincial or municipal level shall base their decision on the state's policy of transformation during the period of 1975-1983 to issue a decision on handling.
- This circular takes effect from October 1, 2011.
🌐 本文件的社会影响
- Positive impact: It helps citizens and businesses to be considered for the return of temporarily held assets, facilitating asset management.
- Negative impact: It may cause difficulties in determining the handling policy for cases without prior decisions.
❓ 常见问题
Who is eligible to be considered for the return of gold, silver, and personal effects temporarily held?
The original owner is a Vietnamese citizen currently residing abroad and a foreigner (with a request to reclaim property) who falls under this category.
If the original owner has already been reviewed and handled by the Gold and Silver Disposal Committee previously, how is the decision-making process carried out?
The Gold and Foreign Currency Inventory and Transfer Committee of the State at the provincial or municipal level bases its decision on the conclusions recorded in the minutes of the previous committee to submit to the Provincial or Municipal People's Committee for issuance of a decision on handling.
If the original owner has not been reviewed and handled by the Gold and Silver Disposal Committee, how is the decision-making process carried out?
The Gold and Foreign Currency Inventory and Transfer Committee of the State at the provincial or municipal level bases its decision on the state's policy of transformation during the period of 1975-1983 to review and submit to the Provincial or Municipal People's Committee for issuance of a decision on handling.
When does this circular take effect?
This circular takes effect from October 1, 2011.
In case of difficulties encountered during implementation, who will handle them?
It is requested that the People's Committees of the provinces and cities promptly report to the Ministry of Finance for appropriate measures to resolve these issues.
全文
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MINISTRY OF FINANCE |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 110/2011/TT-BTC |
Hanoi, August 1, 2011 |
CIRCULAR
GUIDELINES FOR AMENDING AND SUPPLEMENTING THE CIRCULAR NO. 22 TC/KBNN OF MARCH 19, 1993 OF THE MINISTRY OF FINANCE GUIDING THE IMPLEMENTATION OF DECISION NO. 17/TTG OF OCTOBER 21, 1992 OF THE PRIME MINISTER ON THE RETURN OF GOLD, SILVER, AND TEMPORARILY HELD PERSONAL EFFECTS TO CERTAIN SUBJECTS WHO HAVE BEEN PROCESSED
Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decision No. 17/TTg dated October 21, 1992 of the Prime Minister on the return of gold, silver, and temporarily held personal effects;
Implementing Circular No. 1453/VPCP-KHTH dated December 2, 2010 of the Government Office on the return of gold, silver, and temporarily held personal effects under Decision No. 17/TTg dated October 21, 1992; the Ministry of Finance supplements Circular No. 22 TC/KBNN dated March 19, 1993 as follows:
Article 1. Supplement Point 1.3 in Section 1 as follows:
1.3.The original owners who are Vietnamese citizens currently residing abroad and foreigners (with applications for the return of assets) are subjects eligible for consideration to have their gold, silver, and temporarily held personal effects returned as stipulated in Point 2 of this Circular, but who have not previously received a decision from the competent authority.
Article 2. Supplement Point 4.4 in Section 4 as follows:
4.4. The principle for considering decisions to process for the original owners specified in Point 1.3 of Section 1 above is as follows:
- If the original owner was previously considered and processed by the Gold and Silver Disposal Committee of the province or city, the Gold and Foreign Currency Handover Committee of the province or city (established pursuant to Decision No. 340/CT dated September 22, 1992 of the Chairman of the Council of Ministers - now the Prime Minister) shall base its decision on the conclusions recorded in the minutes of the previous Gold and Silver Disposal Committee, and submit it to the People's Committee of the province or city for a decision on processing the gold and silver that has been seized from the original owner. There will be no reconsideration of the previous conclusions regarding the degree of processing made by the Gold and Silver Disposal Committee for the original owner.
- If the original owner was not previously considered and processed by the Gold and Silver Disposal Committee, the Gold and Foreign Currency Handover Committee of the province or city shall base its decision on the socialist transformation policy of the State during the period 1975-1983 as stipulated in Decision No. 252/CP dated September 12, 1977 of the Council of Ministers "on the socialist transformation policy for private individuals engaged in trading, processing, and manufacturing precious metals, gems, and pearls in southern provinces and cities" to consider and submit to the People's Committee of the province or city for a decision on processing the gold and silver seized from the original owner.
Article 3. Implementation Organization
1. This Circular takes effect from October 1, 2011.
2. During the implementation process, if there are difficulties or obstacles, please promptly report them to the Ministry of Finance for appropriate measures to resolve them.
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Place of Receipt: |
DEPUTY MINISTER |
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