Decree 11/2022/ND-CP amending Decree 103/2020/ND-CP on certification of fragrant rice varieties exported to the European Union

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 103/2020/ND-CP dated September 4, 2020 on certification of fragrant rice varieties exported to the European Union to guide the implementation of certification of fragrant rice varieties for export to the European Union and the United Kingdom of Great Britain and Northern Ireland

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Pursuant to the June 19, 2015 Law on Organization of the Government; the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the April 9, 2016 Law on Treaties;

Pursuant to the National Assembly’s Resolution No. 102/2020/QH14 of June 8, 2020, ratifying the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA);

In implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland, which took effect on January 1, 2021;

The Government promulgates the Decree amending and supplementing a number of articles of the Government's Decree No. 103/2020/ND-CP dated September 4, 2020 on certification of fragrant rice varieties exported to the European Union to guide the implementation of certification of fragrant rice varieties for export to the European Union and the United Kingdom of Great Britain and Northern Ireland.

Article 1. Amending and Supplementing a number of articles of the Government's Decree No. 103/2020/ND-CP dated September 4, 2020 on certification of fragrant rice varieties exported to the European Union (hereinafter referred to as the Decree No. 103/2020/ND-CP) to guide the implementation of certification of fragrant rice varieties for export to the European Union and the United Kingdom of Great Britain and Northern Ireland

1. To amend, supplement Article 1 as follows:

“Article 1. Scope of regulation

This Decree provides the certification of fragrant rice varieties on the list specified at Point 8, Sub-section 1, Section B, Appendix 2-A to the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (hereinafter referred to as the EVFTA), which are eligible for quota-based import duties exemption when being exported to the European Union (EU) within the framework of the EVFTA and exported to the United Kingdom of Great Britain and Northern Ireland within the framework of the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as the UKVFTA)”.

2. To amend, supplement Clause 1 Article 3 as follows:

“1. Fragrant rice means a rice variety on the list specified at Point 8, Sub-section 1, Section B, Appendix 2-A to the EVFTA. The list of fragrant rice varieties exported to the European Union (hereinafter referred to as EU) may be modified or supplemented under the EVFTA Trade Committee’s decisions; the list of fragrant rice varieties exported to the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as UK) may be modified or supplemented under the UKVFTA Trade Committee’s decisions.”

3. To amend, supplement Point b Clause 1 Article 7 as follows:

“b) A certificate of fragrant rice variety fully filled in with information specified in sections 1 thru 9 of the form provided in Appendix VI promulgated together with the Decree No.103/2020/ND-CP for fragrant rice exported to the EU or Appendix Via to this Decree for fragrant rice exported to the UK.”

4. To amend, supplement Point b Clause 2 Article 7 as follows:

“b) Within 5 working days after receiving a complete dossier, the Department of Crop Production shall appraise and certify in Section 10 in a certificate form of fragrant rice variety in Appendix VI promulgated together with the Decree No.103/2020/ND-CP for fragrant rice exported to the EU or Appendix VIa to this Decree for fragrant rice exported to the UK; in case of non-certification, written reply that clearly states the reason must be issued.”

5. To amend, supplement Point b Clause 2 Article 8 as follows:

“b) A specimen authenticity certificate of fragrant rice variety fully filled in with information specified in sections 1 thru 9 of the form provided in Appendix VII promulgated together with the Decree No.103/2020/ND-CP for fragrant rice exported to the EU or Appendix VIIa to this Decree for fragrant rice exported to the UK.”

6. To amend, supplement Point b Clause 3 Article 8 as follows:

“b) Within 3 working days after receiving a complete dossier, the Department of Crop Production shall appraise and certificate in section 10 in a certificate form of fragrant rice variety in Appendix VII promulgated together with the Decree No.103/2020/ND-CP for fragrant rice exported to the EU or Appendix VIIa promulgated together with this Decree for fragrant rice exported to the UK; in case of non-certification, written reply that clearly states the reason must be issued.”

7. To amend, supplement Clause 2 Article 12 as follows:

“2. To publicize on the portal of the Department of Crop Production of the Ministry of Agriculture and Rural Development the list of inspecting organizations; names of organizations and individuals having their fragrant rice varieties certified, granted or invalidated authenticity certificate of fragrant rice; list of fragrant rice varieties exported to EU updated and modified under the EVFTA Trade Committee’s decisions; list of fragrant rice varieties exported to UK updated and modified under the UKVFTA Trade Committee’s decisions.”

8. To add Appendices VIa, VIIa promulgated together with this Decree.

9. To replace Appendix V to the Decree No. 103/2020/ND-CP with Appendix V to this Decree.

10. To repeal Appendix I promulgated together with the Decree No. 103/2020/ND-CP.

Article 2. Implementation organization

1. This Decree takes effect on the date of its signing.

2. Transition provisions

For fragrant rice produced before the effective date of this Decree for export to the UK, the application for certification of fragrant rice varieties of organizations and individuals shall comply with Point a Clause 1 Article 7 of the Decree No. 103/2020/ND-CP and Clause 3 Article 1 of this Decree; the application for re-issuance of an authenticity certificate of fragrant rice varieties shall comply with Point a Clause 2 Article 8 of the Decree No. 103/2020/ND-CP and Clause 5 Article 1 of this Decree until the end of March 31, 2022.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees, related organizations and individuals shall implement this Decree.

On behalf of the Government

For the Prime Minister

The Deputy Prime Minister
Le Van Thanh