Regulations of People's Republic of China (PRC) Municipality on the Administration of Gold and Silver
Chapter I General Principles
Article 1 These Regulations are formulated in order to strengthen the management of gold and silver, ensure the demand for gold and silver for national economic construction, and prohibit the smuggling and speculation of gold and silver.
Article 2 Gold and silver mentioned in these Regulations include:
(1) Gold and silver produced by mineral deposits and gold and silver by-products of smelting;
(2) Gold and silver bars, blocks, ingots and powders;
(3) Gold and silver coins;
(4) Gold and silver products and gold-based and silver-based alloy products;
(5) Gold and silver contained in chemical products;
(6) Gold and silver contained in gold and silver scraps, waste residue, waste liquid and waste materials.
Platinum (platinum) shall be managed in accordance with relevant state regulations.
Gold and silver cultural relics shall be managed in accordance with the provisions of the Cultural Relics Law of People's Republic of China (PRC).
Article 3 The State implements a policy of unified management, purchase and distribution of gold and silver.
All the gold and silver receipts and payments of organs, armed forces, organizations, schools, state-owned enterprises, institutions and urban and rural collective economic organizations (hereinafter referred to as domestic institutions) in People's Republic of China (PRC) are included in the national gold and silver receipts and payments plan.
Article 4 The competent authority of the state in charge of gold and silver is the People's Bank of China.
The People's Bank of China is responsible for managing the national gold and silver reserves; Responsible for the purchase and distribution of gold and silver, formulate and manage the purchase and distribution prices of gold and silver together with the competent price department of the state, examine and approve the units (hereinafter referred to as operating units) that operate (including processing and selling) gold and silver products, chemical products containing gold and silver and recover gold and silver from waste residue, waste liquid and waste containing gold and silver, and manage and inspect the gold and silver market; Supervise the implementation of these regulations.
Article 5 Gold and silver held by domestic institutions, except raw materials, equipment, utensils and souvenirs retained with the permission of the People's Bank of China, must be sold to the People's Bank of China and may not be disposed of or possessed by themselves.
Article 6 The State protects individuals from holding legally acquired gold and silver.
Article 7 Within the territory of People's Republic of China (PRC), no unit or individual may use gold and silver at a fixed price, and it is forbidden to buy and sell gold and silver without permission, and to borrow or mortgage gold and silver.
Chapter II Administration of Gold and Silver Purchase
Article 8 The purchase of gold and silver shall be handled by the People's Bank of China. No unit or individual may purchase gold and silver except with the permission or entrustment of the People's Bank of China.
Article 9 Gold and silver (including mineral products and smelting by-products) mined by factories, mines, rural communes, troops and individuals engaged in gold and silver production must be sold to the People's Bank of China, and may not be sold, exchanged or retained by themselves.
The production units listed in the preceding paragraph must, in accordance with the relevant provisions, strengthen the management of finished and semi-finished gold and silver in the production process, and may not sell or dispose of them privately.
Article 10 The State encourages business units and units that use gold and silver to recover gold and silver from associated gold and silver and waste residue, liquid waste and waste containing gold and silver.
The units listed in the preceding paragraph must sell the recovered gold and silver to the People's Bank of China, and may not sell, exchange or keep them on their own; However, with the permission of the People's Bank of China, units that use gold and silver will recycle the recovered gold and silver.
Article 11 The by-product gold and silver extracted by domestic institutions from gold, silver and mineral products imported from abroad shall be sold to the People's Bank of China, with the exception of gold and silver allowed to be retained by the People's Bank of China or stipulated for re-export of raw materials, and shall not be sold, exchanged or retained by themselves.
Article 12 Individuals selling gold and silver must sell them to the People's Bank of China.
Article 13 Unearthed ownerless gold and silver belong to the state, and no unit or individual may melt, damage or possess it.
Unearthed ownerless gold and silver discovered by units and individuals must be redeemed by the People's Bank of China, and the price shall be turned over to the state treasury. However, if it has the value of historical relics, it shall be handled in accordance with the provisions of the Cultural Relics Law of People's Republic of China (PRC).
Article 14 All gold and silver confiscated by public security, justice, customs, industry and commerce administration, taxation and other state organs according to law shall be sold to the People's Bank of China, and shall not be disposed of by themselves or replaced by other articles. The confiscated gold and silver price shall be turned over to the state treasury in accordance with regulations.
Chapter III Administration of Gold and Silver Placement
Fifteenth units that need gold and silver must apply to the People's Bank of China for the use of gold and silver in accordance with the prescribed procedures, and the People's Bank of China will examine and approve the supply.
The People's Bank of China shall supply the goods according to the approved plan, and shall not arbitrarily reduce or delay the sales.
Article 16 Foreign-funded enterprises, Chinese-foreign joint ventures and foreign businessmen in People's Republic of China (PRC) who need to supply gold and silver in China when ordering gold and silver products or processing other products containing gold and silver must apply in accordance with the prescribed procedures, and the People's Bank of China will examine and approve the supply.
Article 17 Units that use gold and silver must establish a use system, strictly implement special use, and return the balance. Without the permission of the People's Bank of China, gold and silver raw materials (including semi-finished products) shall not be transferred or used for other purposes.
Article 18 Within the scope of these Regulations, the People's Bank of China has the right to supervise and inspect units that use gold and silver. Units that use gold and silver shall provide information and materials on the use of gold and silver to the People's Bank of China.
Chapter IV Management of Business Units and Individual Silversmiths
Article 19 Units applying for dealing in (including processing and selling) gold and silver products, chemical products containing gold and silver, and recovering gold and silver from waste residue, waste liquid and waste containing gold and silver must be examined and approved by the People's Bank of China and relevant competent authorities in accordance with relevant state regulations and examination and approval procedures, and registered with the administrative department for industry and commerce before starting business.
Article 20 Business units must operate in accordance with the approved business scope of gold and silver, and may not change the business scope without authorization, and may not deduct, misappropriate or purchase gold and silver in the course of operation.
Article 21 The People's Bank of China shall handle the casting and distribution of gold and silver commemorative medals, and no other unit may cast, copy or distribute them.
The export of gold medals (plates) shall be handled separately by the People's Bank of China and the Ministry of Foreign Economic Relations and Trade of People's Republic of China (PRC).
Article 22 Entrusting or consignment shops shall not purchase or consign gold and silver products and gold and silver equipment. Jewelry stores can buy jewelry inlaid with gold and silver for export, but they are not allowed to buy or sell gold and silver products and equipment. Gold and silver products are purchased by the People's Bank of China for export.
Article 23 Individual silversmiths in frontier minority areas and coastal areas where the relatives of overseas Chinese are concentrated may, with the approval of the People's Bank of China at or above the county level and the administrative department for industry and commerce, engage in the business of processing and repairing gold and silver products on behalf of customers, but may not purchase or sell gold and silver products.
Article 24 The State allows individuals to mail gold and silver ornaments, and the specific administrative measures shall be formulated by the People's Bank of China in conjunction with People's Republic of China (PRC) and the Ministry of Posts and Telecommunications.
Chapter V Entry and Exit Administration of Gold and Silver
Article 25 The amount of gold and silver brought into People's Republic of China (PRC) is unlimited, but it must be registered at the People's Republic of China (PRC) Customs and People's Republic of China (PRC) Customs at the place of entry.
Twenty-sixth gold and silver exit or re-take, People's Republic of China (PRC) and China customs clearance by the certificate issued by the People's Bank of China or the number registered in the original customs declaration at the time of entry; Those who cannot provide proof or exceed the original registration number at the time of entry are not allowed to leave the country.
Twenty-sixth gold and silver ornaments (including inlaid ornaments, handicrafts, utensils and so on. ) carried out of the country by tourists from People's Republic of China (PRC) and People's Republic of China (PRC), and checked and released by People's Republic of China (PRC) and People's Republic of China (PRC) Customs on the basis of special invoices issued by domestic units dealing in gold and silver products. People without documents are not allowed to leave the country.
Article 28 When China people, foreigners and stateless persons in People's Republic of China (PRC) leave the country to settle down, the limit for each person to carry gold and silver is: gold ornaments 1 2 (3 10.25g), silver ornaments10 (312.50g) and silverware 20 (6,244). After being inspected by People's Republic of China (PRC) and People's Republic of China (PRC) Customs and meeting the prescribed limits.
Article 29 Foreign-funded enterprises and Sino-foreign joint ventures in People's Republic of China (PRC) shall import gold and silver from abroad as raw materials for their products in unlimited quantities. The export of products with high gold and silver content must be approved by the People's Bank of China before they can be released. Without approval or exceeding the approved export quantity. Don't leave this country.
Chapter VI Reward and Punishment
Thirtieth units or individuals that have the following deeds shall be commended or given appropriate material rewards by the state:
(1) Conscientiously implementing the national policies and decrees on gold and silver and making remarkable achievements in the recovery or management of gold and silver;
(two) in order to protect the national gold and silver, resolutely crack down on smuggling, speculation and other illegal and criminal acts, outstanding deeds;
(3) It is found that unearthed gold and silver without owners are reported or handed in in time, making contributions to the country;
(4) donating the gold and silver collected by individuals to the state.
Article 31 The following acts in violation of these Regulations shall be punished by the People's Bank of China, the administrative department for industry and commerce and the customs respectively according to their respective functions and powers:
(1) Whoever, in violation of the provisions of Articles 8, 10 and 11 of these Regulations, purchases, sells, exchanges and retains gold and silver without authorization shall be forcibly purchased or devalued by the People's Bank of China or the administrative department for industry and commerce. If the circumstances are serious, the administrative department for industry and commerce may impose a fine or confiscation.
In violation of the provisions of Article 8, Article 10 and Article 11 of these regulations, the administrative department for industry and commerce may also revoke its business license.
(2) Whoever, in violation of the provisions of Article 13 of these regulations, melts, destroys or occupies unearthed gold and silver without owner shall be recovered by the People's Bank of China or fined by the administrative department for industry and commerce.
(three) in violation of the provisions of article seventeenth of this Ordinance, the People's Bank of China shall give a warning or recover the gold and silver that have been put in. If the circumstances are serious, a fine shall be imposed until the supply is stopped.
(4) Whoever, in violation of the provisions of Articles 19, 20, 21, 22 and 23 of these Regulations, engages in business without approval, or changes the business scope without authorization, or falsely purchases gold and silver, misappropriates or embezzles gold and silver, shall be fined or confiscated by the administrative department for industry and commerce. If the circumstances are serious, the business license may be revoked and ordered to suspend business.
(five) in violation of the provisions of article seventh of these regulations, the use of gold and silver, private transactions. If the loan is secured, it shall be purchased by the People's Bank of China or the administrative department for industry and commerce for compulsory purchase or devaluation. If the circumstances are serious, the administrative department for industry and commerce shall impose a fine or confiscation.
(6) Those who violate the regulations on the entry and exit of gold and silver in Chapter V of these regulations or smuggle gold and silver out of the country by various means shall be dealt with by the customs in accordance with these regulations and the national customs regulations.
(seven) in violation of the provisions of article fourteenth of this Ordinance, shall be paid by the people's Bank of China. The directly responsible personnel shall be investigated for administrative responsibility by the relevant units.
Thirty-second violation of the provisions of this Ordinance, which has constituted a criminal act, shall be investigated for criminal responsibility by judicial organs according to law.
Chapter VII Supplementary Provisions
Article 33 The detailed rules for the implementation of these Regulations shall be formulated by the People's Bank of China jointly with relevant departments of the State Council.
Thirty-fourth border minority areas need to make some flexible provisions on the management of gold and silver, which shall be formulated by the people's governments of the relevant provinces and autonomous regions in conjunction with the People's Bank of China according to these regulations.
Article 35 These Regulations shall come into force as of the date of promulgation. Measures for the administration of gold and silver formulated by relevant departments in the past shall be abolished.