The Ministry of Justice has just announced the appraisal dossier of the draft Decree amending and supplementing a number of articles of Decree 24/2012/ND-CP on the management of gold trading activities (hereinafter referred to as the draft decree).
The Ministry of Public Security has proposed to consider and supplement the regulation that at least once every 3 or 5 years, the State Bank will preside over the inspection of the gold market. PHOTO: DT
Commenting on the draft, the Ministry of Public Security proposed to consider and supplement specific regulations on the management, supervision and post-inspection mechanisms for units licensed to produce gold bars and the import and export of raw gold and gold bars by these units.
In particular, the study considers the regulation requiring these units to conduct periodic (annual) independent audits on gold bar production and import and export of raw gold and gold bars.
In addition, consider and supplement the regulation that at least every 3 or 5 years, the State Bank shall preside over the inspection of the gold market and organizations with gold trading activities. Ministries, branches, People's Committees of provinces and centrally-run cities shall coordinate according to the request of the State Bank.
Explaining this content, the State Bank said that enterprises and commercial banks that are eligible to be licensed to produce gold bars must conduct independent audits of financial statements (including content on gold trading activities of enterprises and commercial banks) annually or semi-annually in accordance with the provisions of law.
The draft decree has stipulated the responsibilities of the State Bank, ministries and branches in the inspection and examination of gold trading activities according to their functions and tasks and the inter-sectoral coordination between ministries and branches according to the provisions of law. In addition, the current law on inspection has specific provisions on planned inspection and thematic inspection.
Regarding the licensing of gold bar export and import and gold bar processing and production, according to the Ministry of Public Security, it is necessary to clarify the purpose and nature of licensing gold bar export and import.
The draft decree and summary of Decree 24/2012/ND-CP have not mentioned whether gold bar production units are allowed to hire other units (domestic or foreign) to process gold bar production (especially note the case of joint stock commercial banks that currently do not have direct gold bar production workshops).
According to the explanation of the State Bank, the draft decree stipulates that enterprises and commercial banks that are allowed to produce gold bars are responsible for: "Announcing the applicable standards, mass and content of the product according to the provisions of law and being responsible before the law for the mass and content standards of the produced products that are in accordance with the announced mass and content standards; taking full responsibility for the gold bar products they produce, guaranteeing the gold bar products for customers according to the provisions of law; fully and accurately storing data on the gold bars produced".
Thus, enterprises and commercial banks are fully responsible for the gold bars they produce or hire for processing and must announce the applicable standards, volume and content of the gold bars they produce or hire for processing.
In addition to the above contents, the Ministry of Public Security also proposed to study and supplement regulations on reporting gold export and import data to serve management and monitoring. Enterprises licensed to import raw gold must have periodic reports (monthly, quarterly, 6 months, yearly) on the use of raw gold to the State Bank to increase the control mechanism.
"This content has been stipulated in Article 20 of the draft decree and will be specified in the guiding circular," said the State Bank./.
According to Thanh Nien Newspaper
Source: https://thanhnien.vn/bo-cong-an-de-nghi-thanh-tra-doanh-nghiep-kinh-doanh-vang-3-nam-lan-185250712130859022.htm
Source: https://baolongan.vn/bo-cong-an-de-nghi-thanh-tra-doanh-nghiep-kinh-doanh-vang-3-nam-lan-a198613.html
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