Right to export rice in Vietnam from March 1, 2025

Right to export rice in Vietnam from March 1, 2025​ (Image from Internet)

On January 1, 2025, the Government of Vietnam issued Decree 01/2025/ND-CP amending Decree 107/2018/ND-CP on the business of rice export.

Right to export rice in Vietnam from March 1, 2025

Article 3 of Decree 107/2018/ND-CP (amended by Decree 01/2025/ND-CP) stipulates rice export business rights from March 1, 2025, as follows:

- Vietnamese traders from all economic sectors, if they meet the conditions specified in Article 4 of Decree 107/2018/ND-CP and are granted the Certificate of eligibility for rice export business (hereinafter referred to as the Certificate), have the right to conduct rice export business according to the provisions of Decree 107/2018/ND-CP and other relevant legal regulations.

- Traders as enterprises with direct foreign investment, granted the Certificate, shall conduct rice export business according to the provisions of Decree 107/2018/ND-CP; other relevant legal regulations of Vietnam and commitments of the Socialist Republic of Vietnam in international agreements to which the Socialist Republic of Vietnam is a member.

- Traders with the Certificate of eligibility for rice export business are only allowed to entrust the export or receive entrusted export from traders who have the Certificate of eligibility for rice export business.

Conditions for exporting rice in Vietnam

Article 4 of Decree 107/2018/ND-CP stipulates the rice export business conditions as follows:

(1) Traders who are established and registered for business according to legal regulations are allowed to conduct rice export business when meeting the following conditions:

- Have at least one specialized warehouse for storing paddy, rice that meets the national technical standard for warehouses of storing paddy, rice issued by competent authorities according to the Law on Standards and Technical Regulations;

- Have at least one milling, refining or processing facility for paddy, rice that meets the national technical standard for warehouses and milling, refining, processing facilities for storing paddy, rice issued by competent authorities according to the Law on Standards and Technical Regulations.

(2) The warehouse, milling, refining, processing facility for paddy, rice that meets the business conditions specified in (1) may be owned by the trader or rented from other organizations or individuals, with a written lease contract according to legal regulations with a minimum lease term of 5 years.

Traders with the Certificate shall not lease or sublease the warehouse, milling, refining, processing facility for paddy, rice that has been declared to prove the fulfillment of business conditions in their application for the Certificate for other traders to use for the purpose of obtaining the Certificate.

(3) Traders exporting organic rice, parboiled rice, fortified rice with micronutrients are not required to meet the business conditions specified in point a, point b, clause 1, clause 2, Article 4 of Decree 107/2018/ND-CP, are allowed to export these types of rice without a Certificate, without having to maintain circulation reserves according to the provisions of Article 12 and are responsible for reporting as regulated in clause 2, Article 24 of Decree 107/2018/ND-CP.

When conducting customs procedures for rice export, traders exporting organic rice, parboiled rice, fortified rice with micronutrients without a Certificate only need to present the original or authenticated copy of the document of confirmation, certification from competent authorities or the inspection certificate of rice export issued by the inspection organization according to the law regarding export rice products that meet the criteria and determination methods guided by the Ministry of Agriculture and Rural Development, the Ministry of Health pursuant to point dd clause 2, clause 3, Article 22 of Decree 107/2018/ND-CP.

Refer to more details at Decree 01/2025/ND-CP effective from March 1, 2025.

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