Decree No. 01/2025/ND-CP dated January 01, 2025 of the Government amending and supplementing a number of articles of the Government’s Decree No. 107/2018/ND-CP dated August 15, 2018 on rice export business

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 107/2018/ND-CP dated August 15, 2018 on rice export business

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

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

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

Pursuant to the Commercial Law dated June 14, 2005;

Pursuant to the Law on Price dated June 19, 2023;

At the request of Minister of Industry and Trade;

The Government promulgates the Decree on amending and supplementing a number of articles of the Government’s Decree No. 107/2018/ND-CP dated August 15, 2018 on rice export business (hereinafter referred to as the Decree No. 107/2018/ND-CP).

Article 1. Amending and supplementing a number of articles of Decree No. 107/2018/ND-CP

1. To add Clause 3, Article 3 as follows:

“3.  Traders possessing certificates of eligibility for rice export business shall only entrust export to or receive entrustment of export from other traders possessing certificates of eligibility for rice export business.”

2. To add Point h Clause 1 Article 8 as follows:

“h) In the event that, upon the expiration of 45 days from the date on which the Ministry of Industry and Trade issues a written reminder to a rice export trader, the Ministry of Industry and Trade has not received the trader’s report as required under Clauses 1 and 2, Article 24 of this Decree.”

3. To amend Point a Clause 2 Article 8 as follows:

“a) In case a trader has his/her/its certificate revoked due to a violation specified at Point d, Point dd or Point h, or first-time violation specified at Point e or Point g of Clause 1 of this Article, such time limit is 12 months after the issuance of the revocation decision.”

4. To add Clause 4, Article 8 as follows:

“4. A decision on revocation of certificate of eligibility for rice export business shall be issued by the Ministry of Industry and Trade, and sent to the trader whose certificate is revoked, the General Department of Customs, and the provincial-level Department of Industry and Trade of the relevant locality, with a copy concurrently sent to the Vietnam Food Association for information and implementation.”

5. To amend and supplement Clause 2 Article 20 as follows:

“2. On the 15^th of each month or the next working day (if the 15^th falls on a Saturday, Sunday or holiday), the General Department of Customs shall provide rice data to the Ministry of Industry and Trade. In extraordinary circumstances, the General Department of Customs shall provide data upon the Ministry of Industry and Trade’s written request. The information provided shall include the following criteria: HS code 1006 (except paddy 100610), volume, value, name of goods under the declaration, importing countries, importers, exporters, export border-gates, date of registration of written export declaration.”

6. To amend Point a Clause 1 Article 22 as follows:

“a) Organize the implementation of the program of foreign trade development and trade promotion concerning rice and processed rice products, with the aim of enhancing the value, quality, and brand of Vietnamese rice, and ensuring a proactive, focused, and prioritized approach in the management and administration of rice and processed rice products.”

7. To add Point c Clause 4 Article 22 as follows:

“c) Give priority in the annual budget allocation to the program of foreign trade development and trade promotion concerning rice and processed rice products.”

8. To amend Point d Clause 6 Article 22 as follows:

“d) Within 45 days from the date the Ministry of Industry and Trade grants a certificate of eligibility for rice export business to the trader, the People's Committee of the province/city shall direct the provincial-level Department of Industry and Trade of the locality where the trader’s rice storehouse is located to coordinate with relevant agencies of the province/city in organizing post-inspection of rice storehouses, rice mills to meet the conditions for rice export business in the locality as prescribed in Clause 2, Article 5 of this Decree.”

9. To amend Clause 3 Article 24 as follows:

“3. Before the 5^th of each month, to submit a report to the Ministry of Industry and Trade, the provincial-level Department of Industry and Trade of the locality where the trader’s head office, rice storehouse or mill is located and at the same time send a copy of report to the Vietnam Food Association on the actual amount of paddy and rice in stock of the trader by each specific type to synthesize data for management purposes.”

Article 2. To repeal a number of regulations defined in the Decree No. 107/2018/ND-CP

To repeal Clause 6 Article 24.

To repeal the phrase “and the State Bank of Vietnam” in Clause 1, Article 27.

Article 3. Organization of implementation

1. This Decree takes effect on March 01, 2025.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally-run cities and related agencies, Chairperson of the Vietnam Food Association, and relevant agencies, organizations, enterprises and individuals shall take responsibility for the implementation of this Decree.