Circular No. 33-TC/HCP-1 guiding the implementation of Decree No. 42-CP dated September 14, 1960 of the Council of Ministers on policies for those who dig up, find, or retrieve precious metals and gems, or indicate the location of buried items.

 CIRCULAR

Guidelines for implementing Decree No. 42-CP dated September 14, 1960 of the Council of Ministers on policies towards individuals who dig up, find, or report the hiding places of precious metals and gems 

In recent years, in some localities, the people have dug up, found, and submitted precious metals to the State.

As there was no specific policy previously for these individuals, rewards were handled differently at each location.

To unify the reward system for those who have made contributions, the Council of Ministers issued Decree No. 42-CP on September 14, 1960.

Below, we provide detailed guidelines for implementing certain provisions of the aforementioned decree:

1. Precious metals and gems referred to in this decree include gold, silver (such as gold and silver ingots, blocks, sheets, gold dust, gold leaf, gold powder, gold and silver coins), platinum; jewelry and ornaments made of gold, silver, and platinum; alloys containing gold and platinum.

Gems include diamonds and other precious stones.

2. Article 4 of the decree states that individuals who dig up, find, and submit all precious metals and gems to the State shall be rewarded with a percentage ranging from 15% to 20% of the value of the precious metals and gems, but the reward amount shall not exceed 1,000 dong; individuals who report the correct hiding place shall be rewarded with a percentage ranging from 10% to 15%, but the reward amount shall not exceed 500 dong.

Thus, the reward ratio is not uniformly set for all cases: depending on the level of effort and the honesty of those who have contributed, the administrative committees of regions, cities, and provinces may determine the reward ratio to be 15%, 18%, or 20% of the value of the precious metals and gems submitted, or 10%, 12%, or 15% of the value of items excavated based on correct reporting.

On the other hand, individuals who dig up, find precious metals and gems but do not submit them to the State and instead bury, scatter, or sell them secretly shall be considered to have violated State regulations and shall be dealt with according to Decree No. 355-TTg dated July 16, 1958 of the Prime Minister.

To prevent the recipients from having to wait long or make multiple trips, incurring expenses and losing time, affecting production, the administrative committees of regions, cities, and provinces should immediately handle the payment of rewards. Upon receiving precious metals and gems submitted by the people, the administrative committees of regions, cities, and provinces should immediately transfer them to the Finance Departments responsible for transactions with banks to purchase them at official prices. The reward money will be deducted directly from the sale proceeds and given to the contributors according to the determined ratio.

The remaining amount will be submitted to the Central General Budget.

In cases where there is a dispute over the ownership of precious metals and gems submitted by the people or reported to have been excavated - whether they belong to the State or private individuals - these items should be temporarily deposited in the bank and the awarding process postponed.

Only after the competent authority determines that the ownership of these precious metals and gems belongs to the State will the bank purchase them immediately and the administrative committee decide on the awarding.

3. For individuals who dug up, found precious metals and gems before the issuance of Decree No. 42-CP and have not yet submitted them to the State, they can still submit them now and enjoy the rewards stipulated in Article 4.

Additionally, this decree does not apply to two cases:

- People who find precious metals and gems buried by themselves or their families during the resistance war and recognized by local authorities;

- Individuals who lose precious metals and gems and then find them again, with concrete evidence.

Nevertheless, after finding them, these individuals must still report to the authorities according to Decree No. 355-TTg dated July 16, 1958 and Directive No. 532-TTg dated December 11, 1958 of the Prime Minister regarding the management of precious metals and gems.