Integrated document No. 02/VBHN-BCT dated March 24, 2025 Decree on rice export business

MINISTRY OF INDUSTRY AND TRADE OF VIETNAM --------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ---------------
No: 02/VBHN-BCT	Hanoi, March 24, 2025

 

DECREE

ON RICE EXPORT BUSINESS

Government's Decree No. 107/2018/ND-CP dated August 15, 2018 on rice export business, effective from October 10, 2018, is amended by:

Government's Decree No. 01/2025/ND-CP dated January 01, 2025 on amendments to certain articles of the Government’s Decree No. 107/2018/ND-CP on rice export business dated august 15, 2018, effective from January 01, 2025.

Government’s Decree No. 85/2024/ND-CP dated July 10, 2024 elaborating certain articles of Law on Prices, effective from the day on which it is signed.

Pursuant to Law on Prices dated June 19, 2015;

Pursuant to Law on Investment dated June 26, 2014;

Pursuant to Law on Enterprises dated June 26, 2014;

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 20, 2012;

At the request of the Minister of Industry and Trade;

The Government promulgates the Decree on rice export business.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree provides for the commercial export of paddies and rice of all categories (below collectively referred to as “rice”).

2. This Decree does not govern the import, temporary import for re-export, temporary export for re-import, merchanting trade and transit of rice and subcontract production of rice for foreign parties and non-commercial export, donation and giving as gift of rice.

Article 2. Regulated entities

This Decree applies to traders prescribed in Commercial Law; agencies and organizations in charge of rice export management and other relevant organizations and individuals.

Article 3. Rights to rice export business

1. If Vietnamese traders of all economic sectors satisfy the conditions specified in Article 4 hereof and obtain a Certificate of eligibility for rice export business (hereinafter referred to as “Certificate”), they may conduct rice export business in accordance with this Decree and relevant laws.

2. Traders being foreign-invested enterprises shall obtain the Certificate and conduct rice export business in accordance with this Decree, other relevant laws of Vietnam and commitments of the Socialist Republic of Vietnam under international treaties to which Vietnam is a signatory.

3. A trader holding the Certificate of eligibility for rice export business are only allowed to entrust or be entrusted to export rice by other traders holding the Certificate.

Chapter II

RICE EXPORT BUSINESS CONDITIONS AND CERTIFICATE

Article 4. Rice export business conditions

1. A trader that is being incorporated and registers for business under law shall be allowed to conduct rice export business if it satisfies the following conditions:

a) Have at least 01 rice warehouse that satisfies the national technical standards and regulations promulgated by a competent authority in accordance with the Law on Technical Standards and Regulations;

b) Have at least 01 rice mill or rice processer that satisfies the national technical standards and regulations promulgated by the competent authority in accordance with the Law on National Technical Standards and Regulations;

2. The rice warehouse, mill or processor specified in Clause 1 of this Article must be owned by the trader or rent by the trader from other organizations or individuals under a lease agreement of at least 05 years.

The trader who obtains the Certificate shall not lease or sublet the rice warehouses, mills and processors that are declared in its application form in order to prevent another trader from using the aforesaid properties to apply for another Certificate.

3. The trader that exports organic rice, parboiled rice and rice with micronutrients is not required to satisfy the business conditions specified in point a and b, Clause 1, Clause 2 of this Article and to implement the regulations in Article 12, and is entitled to export the aforesaid types of rice without a certificate, but shall make a report in accordance with Clause 2, Article 24 hereof.

While carrying out the export procedures, the trader who exports organic rice, parboiled rice and rice with micronutrients without a Certificate shall only submit the original or a certified true copy confirming document issued by the competent authority or of the rice assessment certificate issued by the assessment organization as prescribed in the regulations on rice export products that satisfy the criteria and measures provided by the Ministry of Agriculture and Rural Development and the Ministry of Health in accordance with point dd, Clause 2, Clause 3, Article 22 hereof.

Article 5. Inspection of the rice export business conditions

1. The trader shall declare the application for the new Certificate, take responsibility for the declared information, documents specified in Article 6, and information proving that the trader has satisfied the regulations specified in Article 4 hereof.

2. Departments of Industry and Trade shall take charge and cooperate with Departments of Agriculture and Rural Development and other relevant agencies to carry out post-inspection for the rice warehouses, mills and processors, with the aim to satisfy the rice export business conditions in the province/city where the trader obtains the Certificate.

Within 05 working days, from the date on which the inspection ends, the Department of Industry and Trade shall send a report on the inspection results enclosed with the inspection record to the Ministry of Industry and Trade in order to request for the actions against the violations (if any).

3. The Ministry of Industry and Trade shall take charge and cooperate with relevant agencies to carry out regular or surprise assessment of the post-inspection mentioned in Clause 2 of this Article and the trader’s ability to maintain the business conditions.

Article 6. Issuance of Certificates

1. The Ministry of Industry and Trade shall issue the Certificate to the trader as prescribed in Article 4 hereof.

2. The application shall consist of:

a) An original of the application form made using Form No. 01 in Appendix hereto;

A certified true copy of the business registration certificate or enterprise registration certificate or investment certificate.

c. 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).

3. Quantity of application: 01 (one) set.

The trader may submit the application 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 submits its application in person at the Ministry of Industry and Trade office, the trader may submit the copies of the documents specified in point b and c, Clause 2 of this Article, together with the originals.

4. 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.

5. The Certificate is valid for 05 years from the issuance date. 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.

6. The issuance of new Certificate for replacement of Certificate to be expired shall be done as follow:

a) At least 30 days before the Certificate's expiry date, the trader shall send the application specified in Clause 2 of this Article to the Ministry of Industry and Trade for requesting a new Certificate.

b) The quantity of application, submission procedures, consideration period for the issuance of a new Certificate shall comply with the regulations in Clause 3, Clause 4 of this Article.

Article 7. Replacement and modifications of Certificates

1. The Ministry of Industry and Trade shall consider replacing the Certificate if it is lost, damaged or destroyed.

The application shall consist of:

a) An application form made using Form No. 03 in Appendix hereto;

b) An original of the Certificate which has been issued. In cases where the original is lost, damaged or destroyed, the trader shall provide explanation in writing.

2. The Ministry of Industry and Trade shall consider modifying the Certificate’s contents if being requested.

The application shall consist of:

a) An application form made using Form No. 03 in Appendix hereto;

b) Certified true copies of documents related to the changes in the Certificate’s contents.

3. Quantity of application: 01 (one) set.

The trader may submit the application 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 submits its application in person at the Ministry of Industry and Trade, the trader may submit the copies of the documents specified in point b and c, Clause 2 of this Article, together with the originals.

4. The Certificate shall be considered replaced or modificated within 10 working days from the date on which the satisfactory application is received. 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.

5. The duplicate or modified Certificate in Clause 1, Clause 2 of this Article shall have the same validity period with the former Certificate.

Article  8. Revocation of Certificates

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 informed 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;

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.

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 points d, dd and h, 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.

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; copies shall be sent to Vietnam Food Association for information and implementation.

Article 9. Fees for issuance, replacement and modification of Certificates

The applicants that request for the issuance, replacement and modification of Certificate are not required to pay any fees.

Chapter III

RICE EXPORT ADMINISTRATION

Article 10. Objectives and principles of rice export administration

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.

Article 11. Balance of commodity rice sources for export

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.

Article 12. Circulation reserves

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

Article 13. Procurement of commodity rice for export

1. Rice exporters shall notify the People’s Committees of provinces of the rice procurement points; publish these points and 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.

Article 14. abrogated

Article 15. Stabilization of domestic rice prices

1. The measures for stabilizing rice prices shall be announced and applied in accordance with laws on prices.

2. If the rice prices increases too high without reasons, the exporters shall organize a rice distribution system for providing stored rice and rice circulation reserves, with the aim to stabilize the domestic market as guided by the competent authority.

3. (abrogated)

4. (abrogated)

Article 16. Joint production, consumption and establishment of raw materials area

1. Exporters are encouraged to establish raw materials area or cooperate with the processors in establishing such area (hereinafter referred to as “raw materials area”) under the following forms:

a) The raw materials area under the management and use of the trader shall be established on the land for rice cultivation, which is handed over or leased by the State or contributed as capital by households, or entities in form of land use right or land lease right for the rice cultivation purposes in accordance with land laws.

b) The policy on encouraging and developing cooperation and joint production associated with the consumption of agricultural products and building of large field;

c) The agreement on joint production and rice consumption shall be signed with the rice growers or the representatives of rice growers in accordance with the guidance of Ministry of Agriculture and Rural Development and regulations.

d) Other forms as prescribed in the regulations and guidance of competent authorities.

2. Traders establishing the raw materials areas as prescribed in Clause 1 of this Article shall be considered and given priority to:

a) Participate in the trade promotion programs, develop and promote the images and brands of domestic and foreign products and enterprises;

b) Apportion the implementation targets of the government-to-government rice export contract (hereinafter referred to as “G2G contract”);

c) Participate in the State’s procurement of temporary stored rice.

3. The Ministry of Agriculture and Rural Development shall take charge and cooperate with relevant agencies in reviewing, promulgating or sending the mechanism and policy on encouragement and support for the establishment of raw materials area to the Government or Prime Minister for promulgation.

Article 17. Assurance about the quality of commodity rice for export

1. Rice used for export shall comply with the national technical standards and regulations and satisfy the requirements for the rice quality, package, label, maintenance, and traceability as prescribed in the law regulations of the importing country; if the importer has other requirements, the exporter shall satisfy them.

2. Rice exporters that export the categories of rice prescribed in Clause 3, Article 4 hereof shall follow technical procedures, technical standards, and regulations on production and maintenance of commodity rice stipulated by competent authorities.

Article 18. Development of the rice export market

1. The Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Agriculture and Rural Development and relevant agencies in negotiating to open the rice market and remove the difficulties and barriers of different markets; directing the market information provision, developing trading programs and activities, promoting products, doing trade promotion, and establishing, strengthening and expanding the cooperative relationship between Vietnam and other countries regarding the rice trade.

2. The Ministry of Industry and Trade shall take charge and cooperate with the ministries, sectors and relevant agencies in negotiating and signing the memorandum and agreements on rice trade with foreign countries and territories at ministerial levels. In cases where foreign countries or territories request to sign G2G contracts or contracts between enterprises, the Ministry of Industry and Trade shall send a report to the Prime Minister for consideration and decision-making.

3. The Ministry of Agriculture and Rural Development shall take charge and cooperate with the Ministry of Industry and Trade and relevant agencies in monitoring, negotiating and removing the technical and plant quarantine barriers of the importing countries or territories; negotiate and sign agreements on plant quarantine, technical regulations on quality of rice commodity exported to foreign countries or territories.

4. The Ministry of Finance shall allocate the annual funding for developing the programs and activities specified in Clause 1, Clause 2, Clause 3 of this Article.

Article 19. Transaction, negotiation, bidding, signing and implementation of G2G contracts

1. Government-to-government rice export contract (hereinafter referred to as “G2G contract”) refers to a contract signed under the memorandum and agreement between a competent agency of the Government of Vietnam and a competent agency of a foreign country or territory, or a contract signed under the Prime Minister’s direction.

2. The Ministry of Industry and Trade shall request for opinions from relevant agencies and organizations to assign a key trader to negotiate the G2G contract based on the following criteria:       

a) The trader's rice export performance in the last 2 years in the expected market of G2G contract transaction;

b) The trader’s export performance in 02 recent years.

c) The transactions with foreign partners who are assigned or to be assigned as key rice exporters.

The trader assigned to take charge of contract transactions before this Decree comes into force shall continue performing the transactions until the signed contract expires.

3. If 02 traders or more are assigned to act as key traders in the market with G2G contracts, they shall take turns to perform such transactions.

4. The responsibilities of the key trader during transactions, negotiation, bidding, signing and implementation of G2G contract:

a) Monitor the market process, timely inform about the transaction demands, sign rice export contracts or organize bidding for the rice import of competent authorities of importing countries.

b) Develop plans for transactions, bid, and determine the offer price on the basis of the balance of supply and demand and capabilities, and take responsibility for the contract which has been signed;

c) Send a written report on the ability to carry out transactions, sign contracts, participate in bidding activities, balance the commodity sources and other activities related to contract implementation; transaction results, contract signing results or bidding results and the plan for implementing the contract to the Ministry of Industry and Trade;

d) Ensure the execution of signed G2G contracts; handle the entrusted export which is returned or not executed, or not be accepted by a trader.

5. The key trader that signs and executes the G2G contract shall directly export 20% of the rice volume specified in such contract. If the key traders take turn in performing the transactions prescribed in Clause 3 of this Article, the Ministry of Industry and Trade shall specify the regulations on distribution of 20% of the rice volume specified in the contract.

Based on the criterion specified in Clause 6 of this Article and in the regulations promulgated by the Ministry of Industry and Trade, Vietnam Food Association shall allocate 80% of the remaining rice volume specified in the G2G contract to rice exporters for entrusted export.

6. The rice volume specified in the G2G contract shall be allocated to traders for entrusted export based on the following criteria:

a) Direct export performance within the previous 06 months.

b) Responsibilities for rice delivery under G2G contract previously assigned to traders;

c) Results of development the raw materials area or the trader’s joint rice production and consumption;

d) Rice procurement performance guided by the competent agencies or organizations.

7. Vietnam Food Association shall allocate the implementation targets of G2G contracts to the traders according to Clause 6 of this Article; monitor and urge the implementation of G2G contracts, including signing, executing export entrustment contract, and reporting on the implementation to the Ministry of Industry and Trade.

Traders allocated targets by Vietnam Food Association and key traders shall sign contracts including the implementation process and regulations on the rights and obligations of both parties.

Any dispute that arises from the contract between parties shall be settled according to the laws.

8. A trader shall not be allocated the implementation targets of G2G contracts in accordance with this Article if they:

a) Participate in bidding, sign contracts for the direct or indirect export of rice to markets with G2G contracts against regulations and directions of competent authorities;

b) Forge documents or engage in other fraudulent activities to be designated as a key trader for a G2G contract, allocate targets for implementation of G2G contracts, or obtain approval for the return of entrusted export targets that have been allocated;

c) Fail to perform or completely perform the allocated export targets which are not under any cases of force majeure events and fail to report to competent authorities as required by laws.

The time limit for imposition methods upon failure in performing targets of a G2G contract shall be 06 months.

In cases where the trader violates multiple regulations of this Article or violate such regulations for the second time during the aforesaid period, such time limit shall be determined based on its total time with regards to each violation being handled..

9. In cases where foreign countries or foreign territories organize competitive bidding for traders that are not key traders of G2G contracts, on the basis of receiving the notification from competent authorities of foreign countries or foreign territories, the Ministry of Industry and Trade shall inform traders to participate in bidding and taking responsibility for their business efficiency.

10. The Ministry of Industry and Trade shall take charge and cooperate with other agencies in promulgating guidelines on the development of criteria for selecting key agencies, signing and executing G2G contracts.

Article 20. Statistics and exploitation of information, data and reporting regime of statistic figures of rice export contracts and implementation

1. The Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Finance and relevant agencies in ensuring the consistency of information and data on rice export contract notifications and the feedback mechanism for rice delivery process to serve the management of rice export.

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.

Article 21. Assurance of  objectives and principles of rice export administration

The Prime Minister shall consider adjusting rice export activities and applying price floors based on the current market and actual requirements, at the request of the Minister of Industry and Trade, the Minister of Agriculture and Rural Development or the Minister of Finance, in order to ensure the objectives and principles of rice export administration.

Chapter IV

RESPONSIBILITIES OF REGULATORY AGENCIES AND RELEVANT ORGANIZATIONS OR INDIVIDUALS

Article 22. Responsibilities of the ministries, sectors and People's Committee of provinces

In addition to the responsibilities specified in this Decree and applicable laws, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Finance, the Ministry of Health, Vietnam State Bank and People’s Committees of provinces shall:

1. The Ministry of Industry and Trade shall:

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.

Search for and expand the rice export market based on the G2G contracts, negotiation and signing of rice trading contracts with foreign countries or foreign territories;

b) Organize inspections on the compliance with regulations on rice export business by traders and relevant agencies and organizations; cooperate with competent authorities to inspect, detect, and handle violations against regulations on rice export business; resolve complaints, denunciations and handle the violations against regulations on rice export business according to its competence.

c) Take charge and cooperate with relevant ministries, sectors, People's Committees of provinces and agencies in management of rice export based on the principles specified in this Decree;

d) Take charge and cooperate with the Ministry of Agriculture and Rural Development in keeping track of and monitoring the process for allocating the implementation targets of G2G contracts of Vietnam Food Association; such process shall be transparent, made public and in accordance with the regulations hereof.

dd) Cooperate with relevant agencies in providing guidelines and organizing implementation of incentive policies for traders specified in Clause 2, Article 16 hereof.

e) Provide guidance and assistance for traders in order to improve their ability in production, trading, market information, negotiation, signing and implementation of export contracts, handling of international trade disputes.

2. The Ministry of Agriculture and Rural Development shall:

a) Unify directions provided by provinces and organize the implementation of commercial rice production planning; provide guidelines for farmers to specialize in cultivating high-quality, high-value rice varieties that ensure food safety; apply scientific and technological advances in rice production, processing and maintenance; improve the Vietnamese rice brand in the market;

b) Take charge and cooperate with the People’s Committees of provinces and Vietnam Food Association in monitoring the production process and rice output in order to balance the rice sources for export; take charge and cooperate with the ministries, sectors, provinces/cities and Vietnam Food Association in ensuring national food security, meeting the objectives and principles of rice export administration under this Decree.

c) Promulgate or request competent authorities to promulgate mechanism and incentive policies for traders that invest in high-tech rice production, produce and trade clean rice, organic rice and rice with high quality and high value, or produce byproducts from rice;

d) Develop and promulgate or request competent authorities to promulgate incentive policies for development of raw materials areas, joint rice production and consumption; improve the organizational capacity of farmer representatives; remove difficulties and obstacles occurring during the implementation of relevant mechanism and policies;

dd) Take charge and cooperate with relevant agencies in providing guidance on targets and methods for determining the organic rice and parboiled rice specified in Clause 3, Clause 4 of this Article; promulgate the rice production processes and the procedures for processing, maintaining and evaluating rice export commodity; promulgate national technical standards and regulations on rice warehouses, mills and processors, satisfying the conditions for rice export business according to law soft; guide and direct the assessment and inspection of the compliance with regulations by traders, processors and relevant entities.

3. The Ministry of Health shall take charge and cooperate with relevant agencies in providing guidance on criteria and methods for determining the rice with micronutrients specified in Clause 2, Article 4 hereof; promulgate the regulations on the maximum chemical residue of rice commodity; develop and promulgate the national technical standards and regulations on the packaging of rice commodity; guide and direct the inspection and supervision activities regarding the implementation process of traders, processors and relevant entities.

4. The Ministry of Finance shall:

a) (abrogated)

b) Direct the General Department of Customs in reviewing and periodically reporting (monthly, quarterly and periodically) or unexpectedly reporting on rice export;

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

5. The State Bank of Vietnam shall

Direct the credit institutions in balancing funds, with the aim to satisfy the lending demands of traders that invest in building rice warehouses, mills and processors in the raw materials areas or only invest in building such areas, or rice producers who work there or participate in the joint rice production and consumption with the traders.

6. Responsibilities of People's Committee of provinces include:

a) Formulate and organize the implementation of planning on paddy production; direct the provision of supplies and farming techniques and improvement of rice quality to meet market demands; inspect rice production, circulation and sale in provinces; manage and organize the implementation of planning on rice warehouses and mills systems in provinces; direct the procurement of rice directly from producers and under the contracts signed with the producers according to the state current policy.

b) Report regularly or upon request by the Prime Minister or relevant ministries and sectors on commodity rice yield, categories and inventories and expected rice productivity and yield according to different categories and harvest time in their provinces/cities for rice export administration.

c) Direct, inspect, and supervise traders in their provinces in compliance with regulations and directions of competent authorities under this Decree; organize implementation of policies on building the raw materials area in their provinces; inspect, detect and handle the violations of regulations on the production, trading and use of fertilizer and pesticide in their provinces;

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.

dd) Promote, mobilize, and organize people to produce rice under the planning and orientations of the State of Vietnam, enhancing the efficiency of rice production, trading, and export;  comply with directions and guidelines on production process variety structure, crop structure and harvest structure provided by the agricultural sector; produce rice according to the market demands and traders' orders and cooperate with these traders in building the raw materials area to serve rice export.

Article 23. Responsibilities of Vietnam Food Association

In addition to functions and tasks specified in applicable laws, Vietnam Food Association shall also:

1. Cooperate with the People’s Committees of provinces and central affiliated cities in directing, guiding and providing assistance for their members in building the raw materials area according to the current state policies.

2. Cooperate with competent agencies in inspecting and detecting the violations in rice export business and request competent agencies to take actions against these violations.

3. Cooperate with the ministries, sectors and provinces/cities in directing and guiding their members in procuring rice commodity to maintain compulsory circulation reserves for market stabilization under this Decree.

4. Develop and maintain the operation of a website on rice supply and demand in the markets of Vietnam and foreign countries, importers, prices and commercial forecast of rice, and information on rice export and sale.

5. Search for and expand the rice export market; provide guidance for their members in enhancing the market power, proactively seeking, negotiating and signing the export contracts to increase rice export efficiency.

6. Submit weekly, monthly or quarterly reports on domestic rice prices, export rice prices and rice circulation reserves of their members to the Ministry of Industry and Trade, Ministry of Finance, Ministry of Agriculture and Rural Development, Office of the Government and People’s Committees of provinces.

7. Promptly report the relevant ministries and sectors about difficulties arising under their functions and tasks; and propose the handling measures.

Article 24. Responsibilities of the traders

1. Send a written report to the Ministry of Industry and Trade, Departments of Industry and Trade in the province where the rice warehouses, mills and processors declared to obtain the Certificate when they fail to satisfy the requirements or when there are changes of information about rice warehouses, mills and processors to meet requirements specified in Article 4 hereof.

2. Send a report on signing and implementing rice export contracts to the Ministry of Industry and Trade on the 20th of each month.

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.

4. Report periodically by quarter, year, and at the request of the Ministry of Industry and Trade, Ministry of Finance, Ministry of Agriculture and Rural Development, People's Committee, and Department of Industry and Trade of the province where the head offices, rice warehouses, mills and processors or raw materials area are located. The periodic reports shall be made using form No. 04 in Appendix hereto.

5. Implement the state policies on building the raw materials areas; impose the reporting regime by sending a report on the building process of raw materials area to the Ministry of Industry and Trade and relevant agencies as prescribed by laws.

6. (abrogated)

7. According to the regulations in this Decree, the Ministry of Industry and Trade shall provide specify the reporting regime for traders stipulated in this Article, enhancing the application of information technology to facilitate the implementation of traders.

Chapter V

IMPLEMENTATION CLAUSES

Article 25. Transition Clauses

1. Traders issued with Certificate in accordance with Decree No. 109/2010/ND-CP shall be allowed to perform the rice export business during the validity period of such Certificate; it is not required to re-apply for the Certificate according to  this Decree, except for the case of replacement or modification of Certificate as prescribed in Article 7 hereof.

2. Foreign-invested traders engaged in rice production and export before the effective date of the Decree No. 109/2010/ND-CP may continue operate under their licenses.

3. Traders that have applied for issuance, replacement or modification of Certificate in accordance with Decree No. 109/2010/ND-CP before the effective date of this Decree, the Ministry of Industry and Trade shall consider issuing or re-issuing or modifying contents of their Certificates in accordance with Decree No. 109/2010/ND-CP at request of traders.

The submission time of an application shall be calculated based on the date on postmark (if the application is submitted by post) or the date on which the application is received by the Ministry of Industry and Trade (if the application is submitted online), or the date specified on the receipt stamp of the Ministry of Industry and Trade (if the application is submitted in person).

Article 26. Effect

1. This Decree shall come into force from October 01, 2018.

2. The Government’s Decree No. 109/2010/ND-CP dated November 04, 2010 shall be revoked.

Article 27. Implementation responsibilities

1. According to the regulations specified in this Decree, The Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Finance shall promulgate a written guidance on the implementation of this Decree.

The Ministry of Agriculture and Rural Development  and the Ministry of Health shall promulgate a written guidance on determining the rice categories specified in point d, Clause 2, Clause 3, Article 22 hereof, from the date on which this Decree takes effect; promulgate regulations on the criteria and methods for determining such rice categories before December 31, 2018.

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 shall be responsible for implementing this Decree./.