What are regulations on revocation of certificates of eligibility for rice export business in Vietnam?

What are regulations on revocation of certificates of eligibility for rice export business in Vietnam?

Pursuant to Article 8 of the Decree 107/2018/NĐ-CP stipulating revocation of certificates of eligibility for rice export business in Vietnam as follows:

1. The Ministry of Industry and Trade shall consider revoking the Certificate if:

a. It is requested by the trader that processes the Certificate.

b. The trader is dissolved or bankrupt under law.

c. The trader has its registration certificate or enterprise registration certificate or investment certificate revoked.

d. The trader fails to export rice for 18 consecutive months, unless the trader has announced the business suspension under laws.

dd. The trader fails to maintain the business conditions specified in clause 1, clause 2, Article 4 hereof during its business operation.

e. The trader fails to declare the actual conditions of the rice warehouse, mill and processor or commits a fraud in order for it to be granted the Certificate.

g. The trader fails to follow the guidance of the competent authority as prescribed in Article 15 hereof.

2. If the trader has its Certificate revoked in accordance with clause 1 of this Article, the Ministry of Industry and Trade may only consider issuing it with a new Certificate if the following period expires:

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

b. 24 months after the issuance of the latest certificate revocation decision, for the trader that has its Certificate revoked as a result of committing the violations specified in point e, g, clause 1 of this Article for the second time.

3. The issuance of the new Certificate shall be done in accordance with the regulations in Article 6 hereof and shall only be done after the expiry date specified in clause 2 of this Article.

What are objectives and principles of rice export administration in Vietnam? What are regulations on balance of commodity rice sources for export in Vietnam?

Pursuant to Article 10 of the Decree 107/2018/NĐ-CP stipulating objectives and principles of rice export administration in Vietnam as follows:

The rice export administration shall adhere to following objectives and principles:

1. Increase of commodity rice sale and assurance of interests of rice growers under current policy.

2. Balance of export and domestic consumption; contribution to the stabilization of domestic rice prices.

3. Fulfillment of international commitments; assurance of efficient export.

Pursuant to Article 11 of the Decree 107/2018/NĐ-CP stipulating balance of commodity rice sources for export in Vietnam as follows:

1. Annually, the Ministry of Agriculture and Rural Development shall take charge and cooperate with the People’s Committees of provinces in balancing the domestic demands for rice and announcing in the fourth quarter the commodity rice sources for export in the next planning year; update and notify the Ministry of Industry and Trade, People's Committees of provinces and Vietnam Food Association of the crop-based production, output, sources of rice to be exported by categories and harvest time in the year.

2. The rice export shall be administered based on the commodity rice sources planned for annual export as prescribed in clause 1 of this Article.

What are regulations on circulation reserves and procurement of commodity rice for export in Vietnam?

Pursuant to Article 12 of the Decree 107/2018/NĐ-CP stipulating circulation reserves as follows:

The rice exporters shall maintain regularly a minimum circulation reserve equivalent to 5% of their rice exports of the previous 06 months.

Pursuant to Article 13 of the Decree 107/2018/NĐ-CP stipulating procurement of commodity rice for export in Vietnam as follows:

1. The rice exporters shall notify the People’s Committees of provinces of the rice procurement points and make public these points; post up buying prices based on the commodity rice quality and categories and harvest time to facilitate farmers’ direct sale.

2. For procurement of commodity rice from other traders or processors, these traders and processors shall associate and organize themselves into a stable system for compliance with the regulations in clause 1 of this Article.

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