Decree No. 202 stipulates domestic trading of gold and silver, prohibits unauthorized export of gold and silver, limits weight when transporting from one district to another, and requires traders to have permits. Violations will be punished with fines or imprisonment.
적용 범위
Traders, carriers of gold and silver
핵심 사항
- Exporting gold and silver without permission from the Minister of Finance is prohibited (Article 1 and Article 6).
- Transporting gold and silver from one district to another must be authorized by the provincial, city, or municipal administrative committee (Article 2 and Article 7).
- Authorized traders of gold and silver must have permits from the provincial, city, or municipal administrative committee (Article 3).
- Traders must keep records of gold and silver transactions according to prescribed models (Article 4).
- Violations will be fined three times the value of the illicit gold and silver and/or imprisoned for one month to five years depending on the severity of the violation (Article 5 and Article 8).
🌐 이 문서의 사회적 영향
- Minimize illegal gold and silver trading, stabilize the market.
- Increase administrative burden on traders and carriers.
- Citizens may be restricted in transferring gold and silver between regions.
❓ 자주 묻는 질문
Is it necessary to obtain permission from the Minister of Finance for exporting gold and silver?
Yes, exporting gold and silver without permission from the Minister of Finance is prohibited (Article 1 and Article 6).
What is the penalty for violating regulations on trading gold and silver?
Violations will be fined three times the value of the illicit gold and silver and/or imprisoned for one month to five years depending on the severity of the violation (Article 5 and Article 8).
What must authorized traders of gold and silver do?
Authorized traders of gold and silver must have permits from the provincial, city, or municipal administrative committee (Article 3) and keep records of transactions according to prescribed models (Article 4).
Are there weight limits for transporting gold and silver?
Yes, only jewelry or decorative items weighing up to one tael (100 grams) or one catty (1 kilogram) may be transported without authorization. Exceeding these limits requires permission from the provincial, city, or municipal administrative committee where the carrier resides (Article 2 and Article 7).
Is trading silver at prices higher than those set by law prohibited?
Yes, trading, intending to trade, or attempting to trade domestic currency with silver at prices higher than those set by law is prohibited (Article 6).
전문
DECREE
Provisions on the trade in gold and silver
||| President of the Government of the Democratic Republic of Vietnam
||| Considering the current situation within the country;
||| In accordance with the proposal of the Minister of Finance;
||| After consulting the Standing Committee of the National Assembly and the Council of Ministers having reached an agreement,
||| Issues the Decree:
Section I on the trade in gold
ARTICLE 1
||| From now on, exporting gold is prohibited unless authorized by the Minister of Finance.
||| Trading, concentrating gold for the purpose of disrupting the market or selling to foreigners, and smuggling gold are also prohibited.
Article 2
||| Only jewelry or artistic items made of gold, regardless of age, may be transported from one district to another (city, province, town) not exceeding one troy ounce (100 grams).
||| Exceeding this amount requires permission from the People's Committee of the province, town, or city where the individual resides.
||| Transporting non-jewelry or non-artistic items such as:
||| - Gold coins, including foreign currency,
||| - Gold ingots, gold bars, gold leaves,
||| - Gold used in industry, gold scrap,
||| Regardless of weight or fineness, must obtain permission from the People's Committee of the province, town, or city where the individual resides.
||| When issuing permits, the People's Committee of the province, town, or city must examine the purpose of transportation to prevent illegal trading and speculation in gold.
Article 3
||| Domestic gold trading must be conducted by traders licensed by the People's Committee of the province, town, or city.
||| Within one month from the date of promulgation of this Decree, those traders must submit applications for permission to the People's Committee of the province, town, or city where they reside.
Article 4
||| Licensed traders buying or selling gold are required, in addition to regular business records, to maintain two ledgers in accordance with the models attached to this Decree (Annexes 1 and 2).
||| The first ledger is for recording purchases of gold.
||| The second ledger is for recording sales of gold.
||| Entries must be made sequentially in these ledgers without leaving blank spaces or writing between lines. These ledgers are to be made on ordinary paper, numbered from the first page to the last, and each page must bear the signature of the responsible official similar to the aforementioned business records, and must be presented to the authorities when requested.
||| Any corrections must be noted separately at the bottom, signed or thumb-printed by both parties involved, and written in red ink.
Article 5
||| Violations of the above provisions will result in penalties:
||| - A fine, necessarily three times the value of the smuggled or intended-to-be-smuggled gold;
||| - Imprisonment, from one month to two years, or subject to one of these penalties.
||| For repeat offenses, imprisonment may range from six months to five years.
||| Smuggled or intended-to-be-smuggled gold will be confiscated.
Section II on the trade in silver
Article 6
||| Exporting silver ingots, silver bars, silver scrap, silver coins, and silver items is now prohibited unless authorized by the Minister of Finance.
||| Trading, intending to trade, or attempting to trade domestic silver coins (or other types of metal) at prices higher than those set by law is also prohibited.
||| Trading, concentrating silver for the purpose of disrupting the market or selling to foreigners, and smuggling silver are also prohibited.
||| Only jewelry or artistic items made of silver, regardless of age, may be transported from one district to another (city, province, town) not exceeding one catty (1 kilogram).
ARTICLE 7
||| Exceeding this amount requires permission from the People's Committee of the province, town, or city where the individual resides.
||| Transporting non-jewelry or non-artistic items such as silver ingots, bars, scrap... regardless of weight or fineness, must obtain permission from the People's Committee of the province, town, or city where the individual resides.
||| When issuing permits, the People's Committee of the province, town, or city must examine the purpose of transportation to prevent illegal trading and speculation in silver.
||| Violations of Article 6 and Article 7 will result in penalties:
Article 8
||| - A fine, necessarily three times the value of the smuggled or intended-to-be-smuggled silver;
||| - Imprisonment, from six days to six months, or subject to one of these penalties.
||| For repeat offenses, imprisonment may range from two months to two years.
||| Smuggled or intended-to-be-smuggled silver or coins will be confiscated.
||| All previous regulations contrary to this Decree are hereby abolished.
Article 9
||| The Ministers of Interior, Justice, and Finance shall implement this Decree.
Article 10
The Minister of Interior, the Minister of Justice, and the Minister of Finance shall implement this Decree.
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