Decision No. 12/1998/QĐ-TTg On Exporting Rice and Importing Fertilizers in 1998

Pursuant to …; OF THE PRIME MINISTER

Regarding the management of rice exports and fertilizer imports in 1998

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PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Considering the proposal of the Minister of Trade and the Minister of Agriculture and Rural Development,

DECISION:

I. RICE EXPORTS:

Article 1. The export quota for rice at 4.0 million tons in 1998 shall be allocated as follows:

Localities: 2.8 million tons (including state-owned enterprises, non-state-owned enterprises, and enterprises with foreign investment within the province or city).

Central Companies: 1.2 million tons (including enterprises with foreign investment).

Based on the volume of commercial rice consumption, the results of rice exports in 1997, and after consultation with the Ministry of Agriculture and Rural Development, the Minister of Trade shall issue a decision to allocate 90% of the aforementioned rice export quota to provinces, central enterprises, and enterprises with foreign investment immediately in January 1998 to organize implementation.

By September 1998, if production conditions are favorable, the Ministry of Agriculture and Rural Development shall report to the Prime Minister for consideration of allocating the remaining rice export quota for 1998.

Rice exports by enterprises with foreign investment shall be carried out according to the investment license issued.

Article 2. For rice produced in the North and Central regions: Allow enterprises of various economic components to participate in rice exports. The Ministry of Trade shall provide specific guidance for implementation.

Article 3. For rice produced in the South: In addition to enterprises directly exporting rice in 1997, now expand to include:

Provinces with over 1 million tons of rice production, if they do not have two direct rice exporting enterprises, may add one enterprise.

Permit the Saigon General Trading Corporation, the Agricultural Materials Corporation, the Grain Import-Export Company under the Ministry of Agriculture and Rural Development, and the Red Flag Farm in Can Tho to directly export rice.

In addition to the state-owned enterprises mentioned above, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial people's committees shall decide according to the provisions of this Article, the Ministry of Trade shall permit some non-state-owned enterprises that meet the conditions to pilot direct rice exports.

Article 4. The allocation and adjustment of the rice export quota (within the total rice export quota assigned to the province) for enterprises within the province, including rice exporting enterprises that are members of the Southern Foodstuff Corporation, shall be decided specifically by the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the provincial people's committee.

Article 5. Based on the supply and demand situation of food grains nationwide and the market dynamics of rice globally, the Ministry of Finance shall adjust the export tax rate on rice to suit the actual situation. Initially, apply a 0% export tax rate on rice to encourage the consumption of rice from the beginning of 1998.

II. FERTILIZER IMPORTS:

Article 6. Based on the import targets for various types of fertilizers in 1998 (Urea: 1,600,000 tons; DAP: 300,000 tons; SA: 250,000 tons; NPK: 350,000 tons; KCL: 240,000 tons), the Ministry of Trade shall coordinate with the Ministry of Agriculture and Rural Development to allocate the import targets for various types of fertilizers to provinces and central enterprises in January 1998 so that provinces and enterprises can proactively plan their imports and sales.

Article 7. To ensure the demand for fertilizers for production nationwide, in addition to enterprises importing fertilizers in 1997, the following enterprises are added to be allowed to import fertilizers:

Mineral Import-Export Company (Minexport) under the Ministry of Trade

Chemical General Corporation under the Ministry of Industry

One state-owned enterprise in Gia Lai Province

One state-owned enterprise in Nam Dinh Province

The Ministry of Trade shall submit to the Prime Minister for approval to allow some non-state-owned enterprises meeting the conditions to import and trade in fertilizers.

Article 8. Allocate approximately 300,000 tons of various fertilizers for import by Hai Phong Trade and Service Company (Hachimex) outside the targets specified in this Decision, to implement the business plan involving regular warehouse storage approved in principle by the Prime Minister in Document No. 5271/KTTH dated October 20, 1997.

Based on current regulations, assign the Ministry of Trade and the Ministry of Planning and Investment to consider allowing the Vietnam Hydro Agri Joint Venture Company (HAV) to organize sourcing to meet the stable demand for fertilizers for Vietnamese enterprises through the aforementioned warehouse system.

Article 9. For special fertilizers not yet produced domestically (bio-fertilizers, foliar fertilizers) which have been permitted for use in Vietnam, enterprises holding relevant import-export licenses may import according to production and business needs.

For chemical raw materials used in the production of compound fertilizers, assign the Ministry of Trade to coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Industry to allow some enterprises specified in Article 7 of this Decision to ensure sufficient raw material sources and supply them to domestic compound fertilizer production facilities already licensed by the Ministry of Industry and quality certified by the Ministry of Science, Technology, and Environment;

The Ministry of Industry needs to review and rectify compound fertilizer production enterprises to ensure product quality and balance supply and demand for compound fertilizers.

III. IMPLEMENTATION:

Article 10. Based on this Decision and the Minister of Trade's Decision allocating the rice export quota and fertilizer import targets for 1998 to provinces, by early February 1998, the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the provincial people's committee shall notify the names of enterprises and export quotas for rice and import quotas for fertilizers as stipulated in Articles 3 and 7 of this Decision to the Ministry of Trade, General Customs Department, State Bank, Ministry of Finance, and Ministry of Planning and Investment for coordination in directing implementation.

Article 11. Based on the Ministry of Trade's Decision allocating the rice export quota and fertilizer import quota (for provinces, central enterprises, and enterprises with foreign investment), and the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the provincial people's committees' Decisions (allocating the rice export quota and fertilizer import targets to enterprises within the province), the General Customs Department shall guide customs checkpoints to process export-import procedures for enterprises. Abolish the issuance of export permits for rice and import permits for fertilizers.

Article 12. For the export quota of rice and the import target for fertilizers in 1997, enterprises are permitted to implement until March 31, 1998.

As for the rice markets previously assigned to certain enterprises, if other enterprises can sign contracts with commercial terms and prices advantageous as directed by the Ministry of Trade, they will also be allowed to directly export or export through third-party customers to these markets.

In addition to enterprises regularly engaged in rice exports, state-owned enterprises that find new markets and consider it effective shall be recommended by the Ministers of relevant ministries, Chairmen of provincial people's committees under the central government for consideration and resolution by the Ministry of Trade to allow export. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The provincial people's committees under the central government shall regularly coordinate with the Ministry of Trade, the Ministry of Agriculture and Rural Development, strictly guiding enterprises to purchase all commodity rice from farmers; exporting effectively and ensuring timely supply of materials at reasonable prices for agricultural production; combining grain trading activities with fertilizer supply and other services for agricultural production.

Article 13. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The provincial people's committees under the central government must monitor and supervise and take responsibility for the implementation of assigned export-import targets; not allowing the sale, transfer of quotas in any form.

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The State Bank shall direct commercial banks to ensure that enterprises have sufficient funds and in a timely manner to purchase rice, and import fertilizers according to this Decision.

Article 14. Establish a Steering Committee to manage the operation of rice exports and fertilizer imports, headed by a Deputy Minister of Trade, including representatives from the Ministry of Agriculture and Rural Development, the Ministry of Finance, the State Bank, the General Customs Department, some provinces with large amounts of commodity rice production, and the Vietnam Association of Import-Export Grains.

Article 15. Establish a Steering Committee to manage rice export activities and fertilizer import activities, headed by a Vice Minister of Trade, including representatives from the Ministry of Agriculture and Rural Development, the Ministry of Finance, the State Bank, the General Department of Customs, some provinces with large quantities of commercial rice production, and the Vietnam Foodstuff Import-Export Association.

Article 16. This Decision takes effect from the date of signature until March 31, 1999. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Local People's Committees of provinces and centrally-administered cities are responsible for implementing this Decision./.