What must be included in the application dossier for issuance of certificate of eligibility for rice export business in Vietnam? – Xuan Hong (Thai Binh)
Pursuant to Clause 2, Article 6 of Decree 107/2018/ND-CP stipulating that the application dossier shall consist of:
- An original of the application form, using form No. 01 in Appendix to Decree 107/2018/ND-CP.
- A certified true copy of the business registration certificate or enterprise registration certificate or investment certificate.
- A certified true copy of the lease agreement for rice warehouse, mill and processor (applicable to traders who rent rice warehouse and mill) or of the document proving the land use rights and the ownership rights to rice warehouse, mill and processor (applicable to traders who own the rice warehouse, mill and processor).
Application dossier for issuance of certificate of eligibility for rice export business in Vietnam (Internet image)
Pursuant to the provisions of Article 6 of Decree 107/2018/ND-CP, the procedures for issuance certificate of eligibility for rice export business are in Vietnam is as follows:
(1) The trader may send the application dossier in person at the Ministry of Industry and Trade office or by post to the address: Ministry of Industry and Trade, 54 Hai Ba Trung, Hoan Kiem district, Hanoi, or online via the public service website or portal of the Ministry of Industry and Trade.
If a trader sends its application dossier in person at the Ministry of Industry and Trade, he/she may submit the copies of the documents specified in point b and c, clause 2 of Article 6 of Decree 107/2018/ND-CP, together with the originals.
(2) Within 15 working days, from the date on which the completed documents are received, the Ministry of Industry and Trade shall consider issuing the Certificate, using form No. 02 in Appendix hereto.
If the application is refused, within 07 working days from the date on which the application is received, the Ministry of Industry and Trade shall provide explanation in writing for the trader.
The issuance of new Certificate for replacement of Certificate to be expired shall be done as follow:
- At least 30 days before the Certificate's expiry date, the trader shall send the application dossier specified in clause 2 of this Article to the Ministry of Industry and Trade for requesting a new Certificate.
- The quantity of application dossiers, procedures for submitting them and period for considering and issuing the new Certificate shall comply with the regulations in (1) and (2).
The Certificate is valid for 05 years from the date of issue. If the Certificate expires, the trader shall request for a new one in order for it to be allowed to continue the rice export business.
Pursuant to Clause 1, Article 8 of Decree 107/2018/ND-CP, the Ministry of Industry and Trade shall consider revoking the Certificate if:
- It is requested by the trader that processes the Certificate.
- The trader is dissolved or bankrupt under law.
- The trader has its registration certificate or enterprise registration certificate or investment certificate revoked.
- The trader fails to export rice for 18 consecutive months, unless the trader has announced the business suspension under laws.
- The trader fails to maintain the business conditions specified in clause 1, clause 2, Article 4 of Decree 107/2018/ND-CP during its business operation.
- 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.
- The trader fails to follow the guidance of the competent authority as prescribed in Article 15 of Decree 107/2018/ND-CP.
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