Decree No. 107/2018/ND-CP dated August 15, 2018 of the Government on rice export business

THE GOVERNMENT

Decree No. 107/2018/ND-CP dated August 15, 2018 of the Government on rice export business

Pursuant to the Law on Organizing the Government dated June 19, 2015;

Pursuant to the Law on Investment dated November 26, 2014;

Pursuant to the Law on Enterprises dated November 26, 2014;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Law on Commerce dated June 14, 2005;

Pursuant to the Law on Prices dated June 20, 2012;

At the request of the Minister of Industry and Trade;

The Government promulgates the Decree on Rice Export Business.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Decree provides for the commercial export of paddies and rice of all categories (below collectively referred to as “rice”)

2. This Decree does not govern the import, temporary import for re-export, temporary export for re-import, merchanting trade and transit of rice and subcontract production of rice for foreign parties and non-commercial export, donation and giving as gift of rice.

Article 2. Subjects of application

This Decree applies to traders prescribed in Commercial Law; agencies and organizations in charge of rice export management and other relevant organizations and individuals.

Article 3. Rights to rice export business

1. If Vietnamese traders of all economic sectors satisfy the conditions specified in Article 4 hereof and obtain a certificate of eligibility for rice export business (hereinafter referred to as “Certificate”), they may conduct rice export business in accordance with this Decree and relevant laws.

2. Traders being foreign-invested enterprises shall obtain the Certificate and conduct rice export business in accordance with this Decree, other relevant laws of Vietnam and commitments of the Socialist Republic of Vietnam under international treaties to which Vietnam is a signatory.

Chapter II

RICE EXPORT BUSINESS CONDITIONS AND CERTIFICATE

Article 4. Rice export business conditions

1. A trader that is being incorporated and registers for business under law shall be allowed to conduct rice export business if it satisfies the following conditions:

a. Have at least 01 rice warehouse that satisfies the national technical standards and regulations promulgated by a competent authority in accordance with the Law on Standards and Technical Regulations.

b. Have at least 01 rice mill or rice processer that satisfies the national technical standards and regulations promulgated by the competent authority in accordance with the Law on Standards and Technical Regulations.

2. The rice warehouse, mill or processor that is mentioned in clause 1 of this Article must be owned by the trader or rent by the trader from other organizations or individuals under a lease agreement of at least 05 years.

The trader who obtains the Certificate shall not lease or sublet the rice warehouse, mill and processor that are declared in its application form in order to prevent another trader from using the aforesaid properties to apply for another Certificate.

3. The trader that exports organic rice, parboiled rice and rice with micronutrients is not required to satisfy the business conditions specified in point a and b, clause 1, clause 2 of this Article and to implement the regulations in Article 12, and is entitled to export the aforesaid types of rice without a certificate, but shall make a report in accordance with clause 2, Article 24 hereof.

While carrying out the export procedures, the trader who exports organic rice, parboiled rice and rice with micronutrients without a Certificate shall only submit the original or a certified true copy of the confirming document issued by the competent authority or of the rice assessment certificate issued by the assessment organization as prescribed in the regulations on rice export products that satisfy the criteria and measures provided by the Ministry of Agriculture and Rural Development and the Ministry of Health in accordance with point dd, clause 2, clause 3, Article 22 hereof.

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