New regulations on rice export business

Kinhtedothi - The Government issued Decree No. 01/2025/ND-CP amending and supplementing a number of articles of Decree No. 107/2018/ND-CP dated August 15, 2018 on rice export business.

Decree No. 01/2025/ND-CP adds cases of revocation of Certificate of eligibility for rice export business.

According to the provisions of Clause 1, Article 8 of Decree 107/2018/ND-CP, the Ministry of Industry and Trade considers and decides to revoke the Certificate of eligibility for rice export business in the following 7 cases:

1- The trader granted the Certificate requests revocation;

2- The trader is dissolved or bankrupt according to the provisions of law;

3- Traders whose Business Registration Certificate or Enterprise Registration Certificate or Investment Registration Certificate are revoked;

4- The trader does not export rice for 18 consecutive months, except in cases where the trader has notified a temporary suspension of business in accordance with the provisions of law;

5- The trader fails to maintain compliance with the business conditions prescribed in Clause 1 and Clause 2, Article 4 of this Decree during the business process;

6- Traders falsely declare the actual warehouse, milling, grinding, and rice processing facilities or commit other fraud to obtain a Certificate;

7- Traders do not implement or do not properly implement the direction and management of competent authorities as prescribed in Article 15 of this Decree.

In Decree No. 01/2025/ND-CP just issued, the Government added Point h, Clause 1, Article 8 of Decree No. 107/2018/ND-CP.

Thus, in addition to the above 7 cases, according to the new regulations, the Ministry of Industry and Trade will consider and decide to revoke the Certificate of eligibility for rice export business in the 8th case: In case after 45 days from the date the Ministry of Industry and Trade issues a document urging rice export traders, if the Ministry of Industry and Trade does not receive a report from the trader as prescribed in Clause 1, Clause 2, Article 24 of Decree No. 107/2018/ND-CP, the Ministry of Industry and Trade will consider and decide to revoke the Certificate of eligibility for rice export business.

Decree No. 01/2025/ND-CP also adds a provision: The decision to revoke the Certificate of eligibility for rice export business is issued by the Ministry of Industry and Trade and sent to the revoked trader, the General Department of Customs, the relevant local Department of Industry and Trade, and a copy is sent to the Vietnam Food Association for information and implementation.

Supplementing regulations on business rights and responsibilities of rice exporters

Regarding the right to conduct rice export business, in addition to current regulations, Decree No. 01/2025/ND-CP adds a provision: Traders with a Certificate of Eligibility for Rice Export Business are only allowed to entrust exports or receive entrustment of exports from traders with a Certificate of Eligibility for Rice Export Business.

Regarding the responsibilities of rice export traders, according to the provisions of Clause 3, Article 24 of Decree No. 107/2018/ND-CP, it is stipulated that: Periodically on Thursday of each week, rice export traders shall report to the Ministry of Industry and Trade on the actual amount of paddy and rice in stock of traders according to each specific type to synthesize data for management purposes.

Decree No. 01/2025/ND-CP now stipulates: Periodically, before the 5th day of each month, rice export traders must report to the Ministry of Industry and Trade, the Department of Industry and Trade where the trader has its head office, warehouse, milling, grinding facility or rice processing facility, and at the same time send a copy to the Vietnam Food Association on the actual amount of rice and paddy in stock of the trader according to each specific type to synthesize data for management purposes.

At the same time, Decree No. 01/2025/ND-CP removes Clause 6, Article 24 of Decree No. 107/2018/ND-CP: "Traders who make false reports or fail to comply with the reporting regime as prescribed in this Article shall not enjoy the preferential policies prescribed in Clause 2, Article 16 of this Decree until the trader stops or corrects the violation."

Decree No. 01/2025/ND-CP takes effect from March 1, 2025.

Source: https://kinhtedothi.vn/quy-dinh-moi-ve-kinh-doanh-xuat-khau-gao.html