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THE GOVERNMENT

Decree No. 109/2010/ND-CP of November 4, 2010, on rice export business

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Commercial Law; Pursuant to the November 29, 2005 Enterprise Law; At the proposal of the Minister of Industry and Trade,

DECREES:

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

 

1. This Decree provides 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, border-gate transfer and transit of rice and subcontract production of rice for foreign parties and non-commercial export, donation and giving as a gift of rice.

 

Article 2. Subjects of application

 

This Decree applies to traders defined in the Commercial Law; agencies and organizations in charge of rice export management and administration and other concerned organizations and individuals.

 

Article 3. Right to rice export business

 

1. Vietnamese traders of all economic sectors that fully satisfy the conditions specified in Article 4 of this Decree and obtain a certificate of eligibility for rice export business (below referred to as certificate) may conduct rice export business under this Decree and relevant laws. 2. Traders being foreign-invested enterprises shall conduct rice export business under this Decree; relevant laws of Vietnam and commitments of the Socialist Republic of Vietnam under treaties to which the Socialist Republic of Vietnam is a contracting party.

Chapter II

RICE EXPORT BUSINESS CONDITIONS AND CERTIFICATES

 

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Article 4. Rice export business conditions

 

1. To export rice, a trader must fully satisfy the following conditions: a/ Being established and registering business under law. b/ Having at least 1 (one) warehouse which can store at least 5,000 (five thousand) tons of paddies and meets general regulations promulgated by the Ministry of Agriculture and Rural Development.

 

c/ Having at least 1 (one) rice mill with an hourly capacity of at least 10 tons of paddies which meets general regulations promulgated by the Ministry of Agriculture and Rural Development.

 

2. The rice warehouse and mill mentioned in this Article must be owned by the trader and located in a province or centrally run city which has export commodity rice or an international seaport with rice export activities at the time the trader applies for a certificate.

 

Article 5. Inspection and certification of rice warehouses and mills Within 10 (ten) working days after receiving a trader’s written request and related documents, provincial-level Industry and Trade Departments shall

assume the prime responsibility for, and coordinate with provincial-level Agriculture and Rural Development Departments in, inspecting and certifying rice warehouses and mills in localities according to the forms provided in Appendices IV and V to this Decree.

 

Article 6. Grant of certificates

 

1. The Ministry of Industry and Trade shall grant certificates to traders under Article 4 of this Decree.

 

2. A certificate application dossier comprises:

 

a/ An application made according to the form provided in Appendix I to this Decree.

 

b/ A valid copy of the business registration certificate or enterprise registration certificate or investment certificate.

 

c/ The original statement of rice warehouses and the original statement of mills made according to the forms provided in Appendices IV and V to this Decree, which are certified by a provincial-level Industry and Trade Department under this Decree.

 

3. Within 15 (fifteen) working days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall consider the dossier and grant a certificate according to the form provided in Appendix II to this Decree.

 

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In case of refusal, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason.

 

4. A certificate is valid for 5 (five) years from the date of its grant. When a certificate expires, a trader shall apply for a new certificate to continue rice export business.

 

5. A new certificate in replacement of a to-be-expired one shall be granted as follows:

 

a/ At least 30 (thirty) days before a certificate expires, a trader shall submit a dossier of application for a new certificate to the Ministry of Industry and Trade. A dossier comprises:

 

- The papers specified in Clause 2 of this Article.

 

- The original certificate. When the original certificate is lost, damaged or destroyed, the trader shall make a written explanation clearly stating the reason.

 

- A report on rice export business made according to the form provided in Appendix VI to this Decree.

 

b/ The time limit for consideration and grant of a new certificate complies with Clause 3 of this Article.

 

Article 7. Re-grant and modification of certificates

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