Decree No. 107/2018/ND-CP stipulates the conditions for rice export business

DECREE

On rice export business

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

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to the Enterprise Law dated November 26, 2014;

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 Prices dated June 20, 2012;

At the proposal of the Minister of Industry and Trade;

The Government issues this Decree stipulating regulations on rice export business. 

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree regulates rice export business including rough rice and all types of rice (hereinafter referred to collectively as rice).

2. Import activities, temporary import for re-export, temporary export for re-import, transshipment, transit, processing rice for foreign countries; non-commercial export, aid, gift, and donation rice export activities are not within the scope of regulation of this Decree.

Article 2. Applicability

This Decree applies to traders as prescribed by the Law on Trade; agencies and organizations responsible for managing and directing rice exports, and other related organizations and individuals.

1. Vietnamese traders from all economic sectors, if meeting the conditions prescribed in Article 4 of this Decree and being granted a Certificate of Eligibility for Rice Export Business (hereinafter abbreviated as the Certificate), have the right to engage in rice export business in accordance with this Decree and other relevant laws.

2. Foreign-invested enterprises that are granted the Certificate and conduct rice export business in accordance with this Decree; other relevant provisions of Vietnamese law and commitments of the Socialist Republic of Vietnam under international treaties to which the Socialist Republic of Vietnam is a party.

Chapter II

CONDITIONS FOR BUSINESS AND CERTIFICATE

ELIGIBILITY FOR RICE EXPORT BUSINESS

Article 4. Conditions for engaging in rice export business

1. A trader established and registered for business in accordance with the law may engage in rice export business when meeting the following conditions:

a) Having at least one specialized warehouse for storing rough rice and rice that meets national technical standards and specifications for rice storage facilities issued by the competent authority in accordance with the Law on Standards and Technical Regulations;

b) Having at least one facility for milling, polishing, or processing rough rice and rice that meets national technical standards and specifications for rice storage and milling, polishing, and processing facilities issued by the competent authority in accordance with the Law on Standards and Technical Regulations.

2. The warehouses and facilities for milling, polishing, and processing rough rice and rice to meet the business conditions specified in Clause 1 of this Article can be owned by the trader or leased from other organizations or individuals by the trader, with a written lease agreement in compliance with the law for a minimum term of five years.

Traders holding the Certificate shall not lease or sublease warehouses and facilities for milling, polishing, and processing rough rice and rice declared to prove their eligibility for business in their application for the Certificate to other traders for use in applying for the Certificate.

3. Traders exporting organic rice, processed rice, and fortified rice do not need to meet the business conditions specified in points a and b of Clause 1 and Clause 2 of this Article, and they do not need to obtain the Certificate, nor must they implement the circulation reserve as stipulated in Article 12, and they are responsible for reporting as prescribed in Clause 2 of Article 24 of this Decree.

When handling customs procedures for rice export, traders exporting organic rice, processed rice, and fortified rice without the Certificate only need to present to the Customs Authority the original or certified copy of the document confirming or certifying by the competent authority or inspection certificate of exported rice issued by the certification organization in compliance with the law regarding the exported rice products meeting the criteria and methods determined by the Ministry of Agriculture and Rural Development and the Ministry of Health as prescribed in point d of Clause 2 and Clause 3 of Article 22 of this Decree.

Article 5. Inspection of Conditions for Exporting Rice

1. The trader shall voluntarily declare the application dossier for the issuance of the Certificate of Eligibility, and shall bear full responsibility under the law for the contents declared, for the documents and materials in the application dossier stipulated in Article 6 of this Decree, and for meeting the conditions for exporting rice as prescribed in Article 4 of this Decree.

2. The Department of Industry and Trade shall take the lead and coordinate with the Department of Agriculture and Rural Development and relevant agencies to conduct post-inspection of warehouses and establishments for milling, husking, and processing paddy and rice to ensure compliance with the conditions for exporting rice within the jurisdiction of the trader after the trader has been issued the Certificate of Eligibility.

Within five working days from the date of completion of the inspection, the Department of Industry and Trade shall report in writing to the Ministry of Industry and Trade on the inspection results, propose measures to handle violations (if any), and attach the inspection record.

3. In accordance with the annual plan or at any time, the Ministry of Industry and Trade shall take the lead and coordinate with relevant agencies to inspect the post-inspection work as stipulated in Clause 2 of this Article and the maintenance of compliance with the conditions for exporting rice by traders.

Article 6. Issuance of the Certificate of Eligibility for Exporting Rice

1. The Ministry of Industry and Trade shall issue the Certificate of Eligibility for the trader in accordance with the provisions of Article 4 of this Decree.

2. The application dossier for the issuance of the Certificate of Eligibility includes:

a) Application form according to Form No. 01 prescribed in the Appendix attached to this Decree: one original copy;

b) Business registration certificate or enterprise registration certificate, investment certificate: one copy certified and stamped as true copy by the trader;

c) Lease contract for warehouse or establishment for milling, husking, and processing paddy and rice (in case the trader leases the warehouse or establishment) or documents proving land use rights or ownership of the warehouse or establishment (in case the warehouse or establishment belongs to the trader): one copy certified and stamped as true copy by the trader.

3. Number of dossiers: one set.

The trader may submit the dossier directly at the headquarters of the Ministry of Industry and Trade or send it through postal service (address for receiving dossiers: Ministry of Industry and Trade, No. 54, Hai Ba Trung Street, Hoan Kiem District, Hanoi City) or submit it online via the Ministry of Industry and Trade’s e-Government Portal.

In case of submitting the dossier directly at the headquarters of the Ministry of Industry and Trade, the trader may submit copies of the documents and materials specified in points b and c of Clause 2 of this Article and present the originals for verification.

4. Within fifteen working days from the date of receipt of a complete and valid dossier, the Ministry of Industry and Trade shall examine and issue the Certificate of Eligibility according to Form No. 02 prescribed in the Appendix attached to this Decree.

In case the Certificate of Eligibility is not issued, within seven working days from the date of receipt of the dossier, the Ministry of Industry and Trade must reply in writing to the trader and clearly state the reasons.

5. The Certificate of Eligibility is valid for five years from the date of issuance. When the Certificate of Eligibility expires, the trader must apply for a new Certificate of Eligibility to continue exporting rice.

6. The issuance of a new Certificate of Eligibility for the trader to replace the expiring Certificate of Eligibility shall be carried out as follows:

a) At least thirty days before the expiry date of the Certificate of Eligibility, the trader shall submit the application dossier for the issuance of the Certificate of Eligibility in accordance with Clause 2 of this Article to the Ministry of Industry and Trade;

b) The number of sets of dossiers, methods of submission, and deadlines for examination and issuance of the new Certificate of Eligibility shall comply with the provisions of Clauses 3 and 4 of this Article.

Article 7. Reissue and amend the contents of the Certificate

1. The Ministry of Industry and Trade shall examine and reissue the Certificate in cases where the Certificate is lost, damaged, or destroyed.

The application dossier for reissuing the Certificate includes:

a) Application form No. 03 prescribed in the Appendix attached to this Decree: 01 original copy;

b) Original Certificate that has been issued. In case the original is not available due to loss, damage, or destruction, the trader must provide a report explaining the situation and clearly stating the reasons.

2. The Ministry of Industry and Trade shall examine and amend the contents of the Certificate in cases where there is a change in the content of the Certificate.

The application dossier for amending the contents of the Certificate includes:

a) Application form No. 03 prescribed in the Appendix attached to this Decree: 01 original copy;

b) Documents related to the changes in the content of the Certificate: 01 copy, certified and stamped with a true copy seal by the trader.

3. Number of dossiers: one set.

The trader may submit the application dossier directly at the headquarters of the Ministry of Industry and Trade or send it via postal service (address for receiving dossiers: Ministry of Industry and Trade, No. 54, Hai Ba Trung Street, Hoan Kiem District, Hanoi City) or submit the dossier on the online public service portal, the Ministry of Industry and Trade's official website.

In the case of submitting the application dossier directly at the headquarters of the Ministry of Industry and Trade, the trader may submit copies of the required documents and present the original for verification.

4. The time limit for examining and reissuing or amending the contents of the Certificate is 10 working days from the date of receipt of a complete and valid dossier. In case the Ministry of Industry and Trade does not agree to reissue or amend the contents of the Certificate, within 07 working days from the date of receipt of the dossier, the Ministry of Industry and Trade must respond in writing to the trader and clearly state the reasons.

5. The validity period of the reissued or amended Certificate according to Clause 1 and Clause 2 of this Article is the same as the validity period of the previously issued Certificate.

a) The trader who was issued the Certificate requests its revocation;

b) The trader is dissolved or bankrupt as provided by law;

c) The trader's business registration certificate or enterprise registration certificate, investment registration certificate is revoked;

d) The trader does not export rice for a continuous period of 18 months, except in cases where the trader has notified a temporary cessation of business operations as provided by law;

đ) The trader fails to maintain compliance with the conditions for business operations as stipulated in Clause 1 and Clause 2 of Article 4 of this Decree during the course of business;

e) The trader declares inaccurately the actual storage warehouse, milling, processing facilities, or engages in other fraud to obtain the Certificate;

g) The trader does not implement or implements incorrectly the directives and management of the competent authority as stipulated in Article 15 of this Decree.

2. In the case where the trader's Certificate is revoked according to Clause 1 of this Article, the Ministry of Industry and Trade will only consider issuing a new Certificate to the trader after the minimum period specified below has expired:

b) In the case where the trader has been revoked the Certificate due to violations stipulated in point e and point g of Clause 1 of this Article and commits a repeat offense, the period is 24 months, starting from the date of the most recent revocation decision.

3. Issuing a new Certificate to the trader after revocation shall be carried out in accordance with Article 6 of this Decree and can only be implemented after the expiration of the minimum period specified in Clause 2 of this Article.

Article 9. Fees for Issuing, Reissuing, and Amending the Content of the Certificate

Businesses requesting to issue, reissue, or amend the content of the Certificate shall not be required to pay fees.

Chapter III

REGULATIONS ON RICE EXPORT MANAGEMENT

Article 10. Objectives and Principles of Rice Export Management

Rice export management must ensure the following objectives and principles:

1. Contributing to the consumption of commercial rice and ensuring the interests of rice growers in accordance with current policies.

2. Ensuring balance between exports and domestic consumption; contributing to stabilizing domestic rice prices.

3. Implementing international commitments; ensuring effective exports.

Article 11. Balance of Commercial Rice for Export

1. Annually, the Ministry of Agriculture and Rural Development shall take the lead and coordinate with provincial People's Committees to balance domestic demand for rice consumption, announce in the fourth quarter of each year the amount of commercial rice that can be exported in the next planning year; update and inform the Ministry of Industry and Trade, provincial People's Committees, and the Vietnam Food Association about production situations, yields, and amounts of commercial rice that can be exported by type and season during the year.

2. Rice export management shall be based on the annual balance of commercial rice allocated for export as stipulated in Clause 1 of this Article.

Article 12. Circulation Reserves

Businesses engaged in rice export must maintain a minimum circulation reserve equivalent to 5% of the quantity of rice they have exported in the previous six months.

Article 13. Purchasing Commercial Rice for Export

1. Businesses engaged in rice export are responsible for informing provincial People's Committees about purchasing points for rice and announcing these points and posting purchase prices according to quality, type of commercial rice, and harvest seasons so that farmers are aware and can directly transact.

2. In cases where commercial rice is purchased through other businesses or from processing facilities, businesses and processing facilities must link and organize a stable system to implement the provisions of Clause 1 of this Article.

Article 14. Determination and Announcement of Guideline Rice Prices

1. The Ministry of Finance shall take the lead and coordinate with the Ministry of Agriculture and Rural Development to promulgate regulations and guidelines for investigating and determining production costs and calculating production costs of commercial rice for provincial People's Committees to base their determination and announcement of average projected rice production costs in the province or city at the beginning of each crop in the year.

2. Based on the average projected rice production costs announced by provincial People's Committees for each crop, the Ministry of Finance shall take the lead and coordinate with the Ministry of Agriculture and Rural Development to review, compile, and determine the average projected rice production costs for each crop in the entire production area.

3. Based on the average projected production costs, the Ministry of Finance shall determine and announce guideline rice prices at the beginning of each crop to serve as a basis for applying measures to stabilize the market price of commercial rice, contributing to ensuring an average profit level for rice growers in accordance with current policies.

Article 15. Stabilizing Domestic Prices of Commercial Rice

1. The announcement and application of measures to stabilize rice prices shall be carried out in accordance with laws on pricing.

2. In cases where the price of commercial rice increases excessively and unreasonably, businesses engaged in rice export shall be responsible for organizing a distribution system, supplying stored rice and circulation reserves immediately to stabilize the domestic market according to the directives of competent state agencies.

3. In cases where the price of commercial rice decreases excessively and unreasonably, not in line with the guideline rice prices stipulated in Article 14 of this Decree, the Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministries of Finance, Industry and Trade, the State Bank of Vietnam, and the Vietnam Food Association to submit specific measures to the Prime Minister for consideration and decision to regulate the market and minimize losses for producers.

4. Businesses engaged in rice export shall be responsible for implementing the price stabilization measures specified in this Article and shall be compensated for any additional costs incurred according to decisions and directives of competent state agencies.

Article 16. Linkage in Production, Consumption, and Establishment of Raw Material Areas

1. Encouraging businesses engaged in rice export to establish raw material areas or link with producers to build raw material areas (hereinafter referred to as raw material areas) in the following ways:

a) Establishing raw material areas under the management and use of businesses on land for rice production assigned, leased, or contributed by households, organizations, or individuals through land use rights or land leasing in accordance with laws on land.

b) Implementing policies to encourage the development of cooperation and linkage in production tied to agricultural product consumption and large-scale fields.

c) Signing contracts for production and consumption linkage of paddy and rice with rice-growing households or representatives of farmers in accordance with guidelines issued by the Ministry of Agriculture and Rural Development and relevant laws.

d) Other forms as prescribed and guided by competent state agencies.

2. Businesses establishing raw material areas in accordance with Clause 1 of this Article shall be considered for priority in specific support policies such as:

a) Participating in trade promotion programs, building and promoting the image and brand of products and enterprises both domestically and internationally.

b) Allocation of quotas for centralized rice export contracts.

c) Participation in the national temporary rice purchase program.

3. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant agencies to review and promulgate or propose to the Government and the Prime Minister to promulgate mechanisms and policies to encourage and support the establishment of raw material areas.

Article 17. Ensuring Quality of Commercial Rice for Export

1. Exported rice must comply with national technical standards and regulations corresponding to it, and meet quality, packaging, labeling, packing, storage, traceability requirements according to the importing country's regulations; except where the importer has different requirements, such requirements shall be followed.

2. Businesses engaged in rice export and those exporting rice products as stipulated in Clause 3, Article 4 of this Decree shall be responsible for implementing production, processing, storage procedures, standards, and technical regulations for commercial paddy and rice issued by competent state agencies.

Article 18.Promoting the rice export market

1. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and relevant agencies to negotiate opening up the rice market, remove difficulties and barriers in various markets; direct and organize market information work, implement trade programs and activities, product promotion, and rice trade promotion; establish, consolidate, and expand cooperative relations on rice trade with countries and regions.

2. The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries, sectors, and agencies to negotiate and sign memorandums and agreements on rice trade with foreign countries and regions at the ministry level. In cases where foreign countries or regions require signing at the government level or by enterprises, the Ministry of Industry and Trade shall report to the Prime Minister for consideration and decision.

3. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Industry and Trade and relevant agencies to monitor, negotiate, and remove technical barriers and plant quarantine measures applied by countries and regions to imported paddy and rice; negotiate and sign plant quarantine agreements and technical regulations on the quality of paddy and rice with foreign countries and regions.

4. The Ministry of Finance shall allocate annual funds for the implementation of programs and activities specified in Clauses 1, 2, and 3 of this Article.

Article 19. Transactions, negotiations, bidding, signing, and organizing the implementation of centralized rice export contracts

1. A centralized rice export contract (hereinafter referred to as a centralized contract) is a rice export contract signed based on the Memorandum of Understanding or agreement between the competent authority of the Government of Vietnam and the competent authority of a foreign government or region, or rice export contracts signed according to the directive of the Prime Minister.

2. The Ministry of Industry and Trade shall consult relevant agencies and organizations and designate key traders for centralized contract transactions based on the following criteria:

a) The exporter's performance in exporting rice to the intended market in the two most recent years;

b) The exporter's performance in exporting rice in the two most recent years;

c) Transactions with foreign partners designated or expected to be designated as importers.

Traders who were designated as key traders before this Decree took effect may continue their operations until the end of the signed contracts.

3. Where two or more traders are designated as key traders in a centralized contract market, a rotating key trader mechanism shall be implemented.

4. Responsibilities of key traders in transactions, negotiations, or bidding and signing, and organizing the implementation of centralized contracts.

a) Proactively monitor market conditions, promptly grasp transaction demand information, signing import rice purchase contracts, or organizing import tender rounds by authorized agencies and organizations of the importing country;

b) Based on supply and demand balance and capacity, traders proactively develop transaction plans, bids, independently determine pricing to ensure export efficiency, and bear responsibility for signed contracts;

c) Report in writing to the Ministry of Industry and Trade about transaction capacity, contract signing capacity, participation in tenders, capacity to balance goods sources, and other related issues to ensure contract fulfillment; transaction results, contract signing results, tender results, and organizational implementation plans;

d) Ensure the implementation of signed centralized contracts; fulfill entrusted export targets returned or not fulfilled or not accepted by any trader.

5. Key traders signing and organizing the implementation of centralized contracts directly export 20% of the rice quantity in the contract. In cases where the rotating key trader mechanism is implemented as stipulated in Clause 3 of this Article, the Ministry of Industry and Trade shall specify the allocation of 20% of the rice quantity in the contract to key traders.

Based on the criteria specified in Clause 6 of this Article and regulations issued by the Ministry of Industry and Trade, the Vietnam Food Association allocates the remaining 80% of the centralized contract rice quantity to other rice export businesses for entrusted exports.

6. The allocation of centralized contracts to rice export businesses for entrusted exports is based on the following criteria:

a) The exporter's direct export performance in the six months prior;

b) Responsibility for fulfilling delivery under assigned centralized contracts;

c) Results of raw material area development or production and consumption linkage implementation by the exporter;

d) Performance in purchasing paddy and rice according to directives from authorized agencies and organizations.

7. The Vietnam Food Association allocates centralized contract implementation targets to traders based on the criteria specified in Clause 6 of this Article; monitors and urges the implementation of centralized contracts, including the signing and implementation of entrusted export contracts, and reports the implementation situation to the Ministry of Industry and Trade.

After the Vietnam Food Association allocates targets, traders allocated targets and key traders must sign contracts regarding the implementation of centralized contracts, clearly defining the rights and obligations of all parties in the contract.

Disputes arising between the parties under contracts shall be resolved in accordance with the provisions of the law.

8. A trader shall not be allocated centralized contract performance quotas as prescribed in this Article in the following cases:

a) Bidding, transacting, or signing export rice contracts directly or indirectly into markets with centralized export rice contracts contrary to regulations and directives from competent state agencies;

b) Forging documents or engaging in other fraud to be designated as a centralized contract focal point, to be allocated centralized contract performance quotas, or to be approved for returning entrusted export quota that has been allocated;

c) Not performing or performing inadequately the entrusted export quota that has been allocated without being in a force majeure situation and without reporting to competent state agencies as prescribed.

The period for applying the measure of not allocating centralized contract performance quotas as stipulated in this clause is six months.

In case a trader violates multiple points prescribed in this clause or reoffends during the application period, the duration of the application of the measure prescribed in this clause shall be determined by the total duration applied for each violation case.

9. In cases where foreign countries or territories organize open tenders allowing non-centralized contract focal point traders to participate, based on notifications from competent authorities of those foreign countries or territories, the Ministry of Industry and Trade shall notify such traders engaged in rice exports to be aware and participate in bidding, bearing responsibility for business outcomes.

10. Based on the provisions of this Decree, the Ministry of Industry and Trade shall take the lead and coordinate with relevant agencies to issue guidelines on criteria for designating focal traders, contract signing, and organizing centralized contract implementation.

Article 20Statistics, information exploitation, data management, and statistical report systems for export rice contracts and their implementation rice

1. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Finance and relevant agencies to unify the content of information and data for rice export contract notifications and mechanisms for feedback on delivery status according to notified contracts to serve rice export management operations.

Article 21. Ensuring Export Rice Management Objectives and Principles

To ensure export rice management objectives and principles, based on market conditions and actual export rice management requirements, the Prime Minister shall consider and decide on adjusting rice export activities and applying a floor price for exported rice based on proposals from the Ministers of Industry and Trade, Agriculture and Rural Development, and Finance.

Chapter IV

RESPONSIBILITIES OF STATE AUTHORITIES IN ORGANIZING AND IMPLEMENTING MEASURES

AND ASSOCIATED ORGANIZATIONS AND INDIVIDUALS

Article 22. Responsibilities of Ministries, Sectors, and Provincial People's Committees

In addition to the responsibilities stipulated in this Decree and other current laws, the Ministries and sectors of Industry and Trade, Agriculture and Rural Development, Finance, Health, State Bank of Vietnam, and relevant provincial people's committees shall also have the following responsibilities:

1. Ministry of Industry and Trade

Proactively seek and expand export rice markets through centralized contract agreements, negotiate, and sign trade agreements on rice with foreign countries or regions with import needs;

b) Organize inspections of the implementation of laws on rice export business by traders and related agencies; coordinate with authorized agencies to inspect, detect, and handle violations in the rice export business; resolve complaints and accusations and handle violations in the rice export business within their authority;

c) Take the lead and coordinate with relevant ministries, sectors, provincial people's committees, and related agencies to manage rice exports in accordance with the principles set forth in this Decree;

d) Take the lead and coordinate with the Ministry of Agriculture and Rural Development to monitor and supervise the allocation of indicators for implementing centralized rice export contracts by the Vietnam Foodstuff Association in a transparent manner and in compliance with this Decree;

đ) Coordinate with related agencies to guide and organize the implementation of policies encouraging and supporting traders engaged in rice export business as stipulated in Clause 2, Article 16 of this Decree;

e) Guide and support rice exporting traders to enhance production and business capabilities, market information, negotiation, signing, and execution of export contracts, and resolution of international commercial disputes.

2. Ministry of Agriculture and Rural Development

a) Uniformly direct localities to establish and implement plans for commodity rice production areas; guide farmers to produce specialized high-quality and high-value rice varieties ensuring food safety; apply scientific and technological advancements in production, processing, and storage of paddy and rice; improve the quality and brand of Vietnamese rice in the market;

b) Take the lead and coordinate with provincial people's committees and the Vietnam Foodstuff Association to monitor production situations, grasp paddy and rice yields to balance exportable paddy and rice supplies; take the lead and coordinate with relevant ministries, sectors, localities, and the Vietnam Foodstuff Association to ensure national food security and meet the objectives and principles of rice export management as prescribed in this Decree;

c) Issue or submit to competent authorities for issuance of preferential mechanisms and policies for traders investing in high-tech paddy and rice production and processing, and clean, organic, and high-value-added rice products or by-products from paddy and rice;

d) Develop and issue or submit to competent authorities for issuance of policies encouraging and supporting the development of raw material areas, implementation of production and consumption linkages of paddy and rice; enhance organizational capacity for farmers, resolve difficulties and issues related to relevant mechanisms and policies;

đ) Take the lead and coordinate with related agencies to guide criteria and methods for determining organic and parboiled rice products as stipulated in Clause 3, Article 4 of this Decree; issue procedures for paddy cultivation, processing, storage, and quality inspection of exported paddy and rice products; develop and issue national technical standards and specifications for exported paddy and rice; issue national technical standards and specifications for storage facilities and milling and processing establishments to meet conditions for rice export business; guide, direct, and organize inspections and supervision of traders, producers, and related organizations and individuals;

3. The Ministry of Health shall take the lead and coordinate with related agencies to guide criteria and methods for determining fortified rice products with micronutrients as stipulated in Clause 3, Article 4 of this Decree; issue maximum residue limits for chemicals in rice products; develop and issue national technical standards and specifications for rice product packaging as required; guide, direct, and organize inspections and supervision of traders, producers, and related organizations and individuals;

a) Take the lead and coordinate with relevant ministries, sectors, and localities to implement measures to stabilize paddy and rice prices as prescribed by law;

b) Direct the General Department of Customs to compile and send reports on rice exports regularly (monthly, quarterly, annually) or at any time upon request to the Ministry of Industry and Trade;

5. The State Bank of Vietnam

Direct credit institutions to proactively balance capital sources to promptly meet the borrowing needs of traders investing in construction of storage facilities, milling and processing establishments, drying facilities in raw material areas, traders engaged in rice export business building raw material areas, rice producers in raw material areas, and rice producers linked with rice export traders;

6. Responsibilities of Provincial People's Committees

a) Develop and implement plans for rice production, direct the supply of inputs, seed structure, and implementation of cultivation techniques to enhance rice quality meeting market demands; inspect production, circulation, and consumption activities of paddy and rice within their jurisdiction; manage and implement plans for storage facility systems and milling and processing establishments within their jurisdiction; direct the purchase of paddy and rice directly from producers and through production and consumption linkage contracts signed with producers according to current state policies in their jurisdiction;

b) Report periodically or at any time upon request of the Prime Minister, relevant ministries and sectors on the stockpile volume and types of commercial rice and paddy, and the projected yield of paddy and rice by type and crop season within their jurisdiction to support the management of rice exports;

c) Direct the Departments of Finance, Agriculture and Rural Development, Industry and Trade, and related agencies to organize investigations and surveys on production costs and cost of production for each crop according to this Decree and the guidance of the Ministry of Finance; direct, inspect, and supervise traders engaged in rice export activities within their jurisdiction in compliance with regulations and directives from competent state authorities as stipulated in this Decree; effectively implement policies on building raw material areas within their jurisdiction; inspect, detect, and handle violations concerning production, business, and use of fertilizers and plant protection chemicals within their jurisdiction;

đ) Promote, mobilize, and organize local people to implement rice production according to national planning and orientation to enhance the efficiency of rice production, business, and export; comply with directives and guidance from the agricultural sector regarding production procedures, seed structure, and cropping patterns; produce according to market demand and orders from traders, and collaborate with traders to establish rice raw material areas for export purposes;

Article 23. Responsibilities of the Vietnam Food Association

In addition to functions and tasks as prescribed by current laws, the Vietnam Food Association also has specific responsibilities as follows:

1. Coordinate with provincial People's Committees in directing, guiding, and supporting association members in implementing the construction of raw material areas according to the current policies of the State.

2. Coordinate with competent authorities to inspect and detect violations in the field of rice export business, and recommend measures for handling such violations to competent authorities.

3. Coordinate with ministries, sectors, and localities in directing and guiding association members in purchasing commercial rice and maintaining compulsory circulation reserves and stabilizing the market according to this Decree.

4. Establish and maintain the operation of an electronic information website on the supply-demand situation of rice, domestic and international markets, import customers, prices, and rice trade forecasts, as well as information on rice export and consumption.

5. Proactively seek and expand rice export markets; guide association members to improve market capacity, actively engage in transactions, negotiate, and sign export contracts to enhance the effectiveness of rice exports.

6. Regularly report weekly, monthly, and quarterly to the Ministry of Industry and Trade, Ministry of Finance, Ministry of Agriculture and Rural Development, Government Office, and provincial People's Committees on the domestic price trends of paddy and rice; export prices of paddy and rice; stock levels of association members.

7. Timely report to relevant ministries and sectors on emerging issues within their assigned functions and tasks, and propose solutions for handling such issues.

Article 24. Responsibilities of traders engaged in rice export business

1. Immediately report in writing to the Ministry of Industry and Trade, the Provincial Department of Industry and Trade where the trader has storage warehouses or rice milling and processing facilities declared for obtaining the Certificate of Recognition when unable to meet the business conditions or when there are changes to the storage warehouses or rice milling and processing facilities to comply with the business conditions stipulated in Article 4 of this Decree.

2. Regularly report on the 20th day of each month to the Ministry of Industry and Trade on the signing and implementation of rice export contracts during the reporting period.

4. Report regularly quarterly and annually, and report promptly as required by the Ministry of Industry and Trade, the Ministry of Finance, the Ministry of Agriculture and Rural Development, the People's Committee, and the Provincial Department of Industry and Trade where the trader has its main office, storage warehouses, rice milling and processing facilities, or raw material production areas. Regular reports shall be carried out according to Model No. 04 prescribed in the Appendix attached to this Decree.

5. Actively implement the construction of raw material production areas in accordance with state policies; fulfill the reporting system on the progress of constructing raw material production areas to the Ministry of Industry and Trade and relevant agencies as prescribed.

7. Based on the provisions of this Decree, the Ministry of Industry and Trade shall specify the reporting system for traders prescribed in this Article in a manner that strengthens the application of information technology to facilitate traders' compliance.

Chapter V

IMPLEMENTING PROVISIONS 

Article 25. Transitional Provisions

1. A trader who has been issued a Certificate of Recognition in accordance with Decree No. 109/2010/NĐ-CP may continue to operate in the rice export business within the validity period of the Certificate of Recognition already issued, without needing to reapply for a new Certificate of Recognition under this Decree, except in cases of requesting a new issuance, modification of the content of the Certificate of Recognition as prescribed in Article 7 of this Decree.

2. Foreign-invested traders who were operating rice production and export before Decree No. 109/2010/NĐ-CP took effect may continue their operations under the existing permits.

3. For traders who have submitted applications for issuance, reissuance, or modification of the content of the Certificate of Recognition in accordance with Decree No. 109/2010/NĐ-CP before the effective date of this Decree, the Ministry of Industry and Trade will consider issuing, reissuing, or modifying the content of the Certificate of Recognition for the traders in accordance with Decree No. 109/2010/NĐ-CP.

The submission date of the trader's application is calculated based on the postmark date (in cases where the trader submits the application via postal service), the date the Ministry of Industry and Trade receives the application through the online public service portal, or the date indicated on the receipt stamp of the Ministry of Industry and Trade for direct submissions at the Ministry's headquarters.

Article 26. Effective date

1. This Decree takes effect from October 1, 2018.

2. Repeal Decree No. 109/2010/NĐ-CP dated November 4, 2010 of the Government on rice export business.

Article 27. Implementation Organization and Responsibility for Enforcement

The Ministries of Agriculture and Rural Development and Health shall issue guidelines on determining types of rice as stipulated in Point d Clause 2 and Clause 3 Article 22 of this Decree to be implemented from the date this Decree takes effect; they shall also promulgate criteria and methods for determining these types of rice before December 31, 2018.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and the Chairman of the Vietnam Food Association are responsible for enforcing this Decree./. 

 Appendix