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This
PEOPLE'S REPUBLIC OF
which
Council of
In case of discrepancy, theoriginal version in Chinese shall prevail.
REGULATIONS OF THE PEOPLE'SREPUBLIC OF CHINA ON
(Promulgated by the StateCouncil on June 15, 1983)
These Regulations are formulatedfor the purpose of tightening control of
gold and silver, ensuring thedemands for
economic construction, andbanning smuggling and speculation in gold
The gold and silver referred toin these Regulations include:
(1) gold and silver extractedform ore
(2) gold and silver bars,nuggets, bullion and powder;
(4) gold and silver articles andgold- or silver-based alloy articles;
(5) gold and silver contained inchemical products; and
(6) gold and silver tailings,and gold and silver contained in residual,
Platinum shall be controlledaccording to the relevant State provisions.
The gold and silver witha cultural
according to the Law of thePeople's Republic of China on Protection
The State pursues a policy ofunified control and
allocation with regard to goldand silver.
All gold and silverearnings
forces,organizations,
urban and rural collectiveeconomic organizations within the territory of
the People's Republic of China(hereinafter referred to as organizations
within territory) shall beincorporated in the State plan for
silver earnings andexpenditures.
The competent agency of theState responsible for gold and silver is
The People's Bank of China isresponsible for managing the State's
and silver reserves; responsiblefor the purchase, allocation and sale of
gold and silver; it shall workout and control purchasing, allocating and
selling prices of gold andsilver in conjunction with the State competent
agency responsible for commodityprices; it shall work in conjunction with
the relevant competent agenciesto examine and approve
(including processing andretailing) gold and silver articles and chemical
products containing gold andsilver and the recovery of gold and
from residual,
referred to as business units),and shall control and inspect the gold and
silver market; it shallsupervise the implementation of these Regulations.
All gold
territory except the
retained for use with thepermission of the People's Bank of China, must
be sold to the
The State protects thepossession of gold and silver lawfully obtained by
No units and individuals withinthe territory of the People's Republic of
China are allowed to use goldand silver to calculate prices, to engage in
private buying and selling ofgold and silver, or to use it as a mortgage
in respect of borrowing andlending.
The purchase of gold and silveris monopolized by
China. No unit or individual ispermitted
unless permitted or entrusted bythe Bank.
All gold and silvermined
communes, brigades and teams,armed forces and individuals engaging in and
producing gold and silver(including that extracted from ore deposits and
refined as by-product), must besold to the People's Bank of China,
must not
The producing units listed inthe preceding paragraph must tighten control
over
manufacturing process accordingto the relevant provisions, and must not
sell
The State encourages businessunits and those units using gold and silver
to recover gold and silver fromassociated mineral ores and from residual
liquid and solid wastescontaining gold and silver.
Units listed in the precedingparagraph must sell their recovered gold and
silver to the People's Bank ofChina, and must not
exchange or use by themselveswithout authorization, except those retained
for reuse by units usinggold and
All gold and silver extracted orrefined by organizations within territory
as a by-product from importedgold, silver or ore products must be sold to
the People's Bank of China,except for the gold and silver kept with the
permission of the Bank orthose
imported materials in accordancewith relevant provisions, and must not be
sold, exchanged or retained foruse by themselves.
Individuals wishing to sell goldor silver must sell it
Any excavated gold and silverobjects without legal owners belong to the
State. No unit or individual maymelt down, destroy, or take possession of
such gold andsilver.
owners discovered by any unit orindividual shall be sold to the People's
Bank of China and the receiptsfrom such sales shall be turned over to the
Treasury; those found to be ofhistorical value upon evaluation by local
cultural administrationdepartments shall be handled in accordance
the Law of the People's Republicof China on the
All gold and silver confiscatedby the public security, judicial, Customs,
industry and commerceadministration,
according to law must be sold tothe People's Bank of China, and must not
be disposed of by these organsor substituted
sale proceeds from confiscatedgold and silver shall be turned over to the
Treasury according to relevantprovisions.
Units requiring gold and silverfor use shall submit to the People's Bank
of China a planrequesting
specified procedures, and theBank shall supply such gold and silver after
examination andapproval.
and silver according to theapproved plan, and must not reduce at will the
amount approved or delaydelivery.
Foreign-capital enterprises,Chinese-foreign
foreign businessmen within theterritory of the People's Republic of China
purchasing gold and silverarticles or processing
and silver thus wishing toacquire gold and silver supplies in China shall
make application according tothe specified
Bank of China for examinationand approval and fulfillment of the request.
Units using gold and
comply strictly with theearmarked
portion. Without the permissionof the People's Bank of China, they shall
not transfer gold and silvermaterials (including semi-finished products)
to others or use them for anyother purposes.
The People's Bank of China hasthe authority, within
for in these Regulations, tosupervise and check up on units using
and silver. The unitsconcerned
information and data in regardto the use of gold and silver.
Units applying for dealing in(including processing and marketing of) gold
and silver articles and chemicalproducts containing gold and silver, and
those recovering gold and silverfrom residual, liquid
containing them, shall besubject
People's Bank of China and therelevant competent
the relevant provisions andapproving procedures of the State and
register with
department for industry andcommerce before they begin operations.
Business units must conducttheir business within the approved scope, and
shall not alter the scope ofbusiness without authorization, embezzle gold
and silver or use them for anyother purpose, or illegally purchase them
in the course of theiroperations.
The minting and issuing of gold-and silver-based souvenir coins shall be
handled by the People's Bank ofChina, and no other unit may mint, imitate
or issue such coins. The exportof gold- and silver-based souvenir badges
(or plaques) shall be handledrespectively by the People's Bank of China
and the Ministry of ForeignEconomic Relations and Trade of the People's
Commission stores andsecond-hand
commission gold and silverarticles and appliances. Jewellery shops
purchase jewellery inlaid withgold and silver for sale abroad, but
not purchase or sell gold andsilver articles and appliances. The People's
Bank of China is responsible forpurchasing gold and silver articles for
export and supplying them to theforeign trade departments.
Self-employed
nationalities and in coastalareas with a concentration of relatives
overseas Chinese, may engage inprocessing and repairing gold and silver
articles for clients upon theapproval of the People's Bank of China
the county level or aboveand of
commerce, but are
The State allows individuals tosend gold and silver
and specific measures forcontrol thereof
People's Bank of Chinain conjunction
There is no limit to thequantity of gold and silver to be brought
the People's Republic of China.However, this
Customs of the People's Republicof China at the port of entry.
Gold and silver taken or retakenout of
released by the Customs of thePeople's Republic of China according to the
quantity specified in thecertificate issued by the People's Bank of China
or the declaration form at thetime of entry; it may not be taken out if
no certificate is produced or ifthe amount exceeds that specified in the
declaration form at the time ofentry.
Gold and silver jewellery(including inlaid jewellery handicraft and
products and vessels) to becarried out of
inspected and released by theCustoms of the People's Republic of
against the special invoicesissued by the domestic units dealing in gold
and silver articles. Withoutsuch invoices, the articles may not be taken
When Chinese citizens, foreignnationals
leave the People's Republic ofChina to immigrate abroad, they may
carry out up to 1 liang (31.25grams) in gold jewellery, 10 liang (312.50
grams) in silver jewellery and20 liang (625 grams) in silver vessels.
Items not exceeding these limitsshall be allowed to be carried out upon
inspection by the Customs of thePeople's Republic of China.
There is no limit to thequantity of gold and silver to be imported as raw
materials by foreign-capitalenterprises and Chinese-foreign equity joint
ventures in the People'sRepublic of China. Export products containing a
high percentage of gold andsilver shall be released upon verification and
approval by the People's Bank ofChina. Items not verified and approved or
in excess of the approved amountshall not be exported.
Units or
commended or given appropriatematerial rewards by the State:
(1) those who have made markedsuccesses in recovering or controlling gold
and silver in strictimplementation of
(2) those who have hadoutstanding performance in the protection of
and silver for the State in thestruggle against
criminal acts such as smugglingand speculation;
(3) those who have promptlyreported or handed
organ upon discovery ofunearthed gold and silver
thus rendering a service to thestate; and
(4) those who have donated tothe State their
The following acts in violationof these Regulations shall be subject to
penalty imposed, in accordancewith the
People's Bank of China, or bythe administrative department for industry
and commerce, or by the Customs,according to their
(1) If gold and silver have beenpurchased, sold,
without authorization inviolation of Articles 8, 9, 10, and 11 of
Regulations, the People's Bankof China or the
for industry and commerce shallresort to compulsory purchase or devalued
purchase. In cases of seriousviolation, the administrative department for
industry and commerce may imposefines in addition, or
the gold and silver inquestion.
In cases of violation ofArticles 8, 9, 10, and 11 of these Regulations,
the
violators' business licences inaddition.
(2) If unearthed gold and silverobjects without legal
melted down, destroyed or heldin possession in violation of Article 13 of
these Regulations, the People'sBank of China shall recover the unearthed
objects or the administrativedepartment for industry and commerce shall
(3) If the intended use of goldand silver is altered, or gold and silver
used as raw materials aretransferred without authorization in violation
of Article 17 of theseRegulations,
either issue a warning orrecover the gold and silver allocated. In cases
of serious violation, finesshall be imposed or even supplies suspended.
(4) For such acts as dealing ingold and
altering the scope of businesswithout authorization, illegally purchasing
or using gold and silver forother purpose, or embezzling gold and silver,
in violation of Articles 19, 20,21, 22 and 23 of these
administrative department forindustry and commerce shall impose fines or
confiscate the goods. In casesof serious violation, business licenses may
be revoked in addition andsuspension of business operations be ordered.
(5) If gold and silverare used
privately, or used as a means ofa mortgage in respect
lending in violation of Article7 of these Regulations, the People's Bank
of China or the administrativedepartment for industry and commerce shall
purchase such gold and silvercompulsorily or at devalued prices. In cases
of seriousviolation,
commerce may impose fines orconfiscate the gold and silver in question.
(6) If the provisions in ChapterV of these
gold and silver taken into orout of China are violated or various means
are used to smuggle gold andsilver out of China, the Customs shall deal
with such cases in accordancewith these Regulations and the Customs law
(7) If the provisions of Article14 of these Regulations are violated, the
People's Bank of China shallpurchase the gold and silver in question. The
administrative
investigated by the relevantunits.
If violations of theseRegulations constitute crimes, the judicial organs
shall investigate the criminalresponsibilities according to law.
The rules for implementation ofthese Regulations shall be formulated by
the People's Bank of China inconjunction with
If modified regulations arerequired for gold and silver control in border
areas inhabited by minoritynationalities, the people's governments of the
provinces
conjunction with the People'sBank of
These Regulations shall go intoeffect as of the date of promulgation.
Measures of gold and silvercontrol previously formulated by the related