Decree No. 01/2025/ND-CP dated January 01, 2025 on amendments to Decree No. 107/2018/ND-CP on rice export business

DECREE

AMENDMENTS TO CERTAIN ARTICLES OF THE GOVERNMENT’S DECREE NO. 107/2018/ND-CP ON RICE EXPORT BUSINESS DATED AUGUST 15, 2018

Pursuant to Law on Government Organization dated June 19, 2015; Law on Amendments to certain Articles of the Law on Government Organization and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to Law on Investment dated June 17, 2020;

Pursuant to Law on Enterprises dated June 17, 2020;

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

Pursuant to Law on Commerce dated June 14, 2005;

Pursuant to Law on Prices dated June 19, 2023;

At the request of the Minister of Industry and Trade;

The government promulgates the Decree on amendments to certain articles of the Government’s Decree No. 107/2018/ND-CP on rice export business dated august 15, 2018 (hereinafter referred to as " Decree No. 107/2018/ND-CP”)

Article 1. Amendments to certain Articles of the Decree No. 107/2018/ND-CP

1. Clause 3 shall be added to Article 3 as follows:

“3. A trader holding the Certificate of eligibility for rice export business (hereinafter referred to as “Certificate”) is only allowed to entrust or be entrusted to export rice by another trader holding the Certificate.”

2. Point h shall be added to Clause 1 Article 8 as follows:

“h) The trader fails to send a report to the Ministry of Industry and Trade as prescribed in Clause 1, Clause 2 of Article 24 of this Decree within 45 days from the issuance of written reminder by the Ministry of Industry and Trade.

3. Point a, Clause 2 Article 8 shall be amended as follows:

“a) 12 months after the issuance of the certificate revocation decision, for the trader committing the violations specified in points d, dd and h, or committing the violations specified in point e, g, clause 1 of this Article for the first time.”

4. Clause 4 shall be added to Article 8 as follows:

“4. The certificate revocation decision issued by the Ministry of Industry and Trade shall be sent to the trader, the General Department of Customs, relevant Departments of Industry and Trade; a copy of decision shall be sent to Vietnam Food Association for information and implementation.

5. Clause 2 Article 20 shall be amended as follows:

“2. The General Department of Customs shall provide rice data to the Ministry of Industry and Trade on the 15th of each month or the next consecutive working day (if the 15th is a Saturday, Sunday, or public holiday). The General Department of Customs shall provide ad hoc rice data in response to written requests from the Ministry of Industry and Trade. The rice data include the following criteria: HS code 1006 (excluding rice 100610), quantity, value, declared name, country of import, importer, exporter, export border gate, and date of export declaration.”

6. Point a, Clause 1 Article 22 shall be amended as follows:

“a) Implement the program to develop foreign trade activities, promote trade for rice and rice products to enhance the value, quality, and brand of Vietnamese rice, ensure the proactivity, focus, and priority in the management of rice and rice products.”

7. Point c shall be added to Clause 4 Article 22 as follows:

“c) Give priority to the allocation of annual funding for the program to develop foreign trade activities, promote trade for rice and rice products.”

8. Point d, Clause 6 Article 22 shall be amended as follows:

“d) Within 45 working days from the date on which The Ministry of Industry and Trade issues the Certificate to the trader, the People’s Committee of the province/city where the trader's rice warehouses and mills are located of the same province/city, to cooperate with relevant agencies of their provinces/cities in conducting post-inspection of rice warehouses and mills, with the aim to satisfy the business conditions in their provinces/cities as prescribed in clause 2, Article 5 hereof.

9. Clause 3 Article 24 shall be amended as follows:

“3. Send a report on the trader’s actual inventory of rice of each category to the Ministry of Industry and Trade and Departments of Industry and Trade of the province/city where the trader's rice warehouses and mills are located before the 5th of each month; send a copy of report to Vietnam Food Association to make an aggregate report for administration.”

Article 2. Annulment of some regulations of Decree No. 107/2018/ND-CP

Clause 6, Article 24 shall be annulled.

The phrase " và Ngân hàng Nhà nước Việt Nam" (“and the State Bank of Vietnam”) in Clause 1, Article 27 shall be removed.

Article 3. Implementation

1. This Decree shall come into force from March 01, 2025.

2. Ministers, Heads of ministerial authorities, Heads of governmental authorities, Chairpersons of the People’s Committees of provinces and central affiliated cities, the Chairperson of Vietnam Food Association, and relevant agencies, organizations, enterprises, and individuals shall be responsible for implementing this Decree.