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MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 65/2026/TT-BCT
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Hanoi, October 1, 2026
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CIRCULAR
ON ELABORATION OF CERTAIN ARTICLES AND MEASURES FOR THE
IMPLEMENTATION OF DECREE NO. 365/2026/ND-CP DATED SEPTEMBER 23, 2026 OF THE
GOVERNMENT ON THE RICE EXPORT AND IMPORT BUSINESS
Pursuant to Decree No.
351/2026/ND-CP of the Government prescribing the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No.
365/2026/ND-CP of the Government on the rice export and import business;
At the proposal of the
Director General of the Import-Export Department;
The Minister of
Industry and Trade hereby promulgates a Circular on elaboration of certain
articles and measures for the implementation of Decree No. 365/2026/ND-CP of
the Government on the rice export and import business.
Chapter
I
GENERAL
PROVISIONS
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This Circular elaborates
on Point e and Point g of Clause 1 of Article 14, Article 19, Point h of Clause
1 of Article 23, and measures for the implementation of Clause 2 of Article 18,
Points b and c of Clause 1 of Article 25, and Point a of Clause 2 of Article 25
of Decree No. 365/2026/ND-CP of the Government on the rice export and import
business, regarding:
1. The designation of lead
traders to sign and organize the implementation of centralized contracts under
Memoranda of Understanding and agreements on rice trade negotiated and signed
by the Ministry of Industry and Trade or submitted to the competent authority
for signing, as prescribed in Clause 2 of Article 18 of Decree No. 365/2026/ND-CP.
2. The reporting regime of
traders engaged in the rice export and import business.
3. The credibility rating
evaluation of traders engaged in the rice export business.
Article
2. Regulated entities
This Circular applies to
traders engaged in the rice export and import business and relevant agencies,
organizations and individuals.
Chapter
II
DESIGNATION
OF LEAD TRADERS TO SIGN AND ORGANIZE THE IMPLEMENTATION OF CENTRALIZED CONTRACTS
Article
3. Designation of lead traders
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2. Where two or more
traders are designated as lead traders in a market with centralized contracts,
the rotating lead trader mechanism as prescribed in Article 4 of this Circular
shall apply.
Article
4. Rotating lead trader mechanism
1. The rotating lead
trader mechanism is a mechanism applied where two or more traders are
designated as lead traders in a market with centralized contracts but the
competent authority of the importing country or the designated foreign importer
requires that only one trader participate in the signing and transaction of
each round of rice imports under the centralized contract.
2. The procedures for the
rotating lead trader mechanism are as follows:
a) No later than 01 day
from the date of receipt of the importing country's notification of rice
imports, the trader whose turn it is in the rotation shall report to the Ministry
of Industry and Trade and send a copy to the Vietnam Food Association on its
capacity to participate in the transaction round.
Where the lead trader
whose turn it is in the rotation proposes not to participate, it shall clearly
report the reasons to the Ministry of Industry and Trade and simultaneously
send copies to the Vietnam Food Association and the other lead trader(s).
b) No later than 01 day
from the date of receipt of the notice of non-participation from the lead
trader whose turn it is in the rotation, the next trader in the rotation shall
report to the Ministry of Industry and Trade and simultaneously send a copy to
the Vietnam Food Association on its capacity to participate in the transaction
round.
Acting as a substitute in
a transaction or bid shall not be counted as a rotation turn for the substitute
trader, and the substitute trader shall continue to participate in the next
transaction round in accordance with its official rotation turn.
c) Where all lead traders
decline to participate in the transaction round, the Ministry of Industry and
Trade shall designate another trader to participate in the transaction as
prescribed.
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3. Quotas shall be
allocated to lead traders under the rotating mechanism as follows:
Lead traders under the
rotating mechanism may directly export 20% of the rice volume in the
centralized contract, in which:
The lead trader signing
the centralized contract shall implement two-thirds (2/3) of the 20% volume of
rice in the centralized contract. Lead traders not signing the centralized
contract shall be allocated equal quantities of rice within one-third (1/3) of
the 20% volume of rice in the centralized contract.
Article
5. Responsibilities of lead traders under the rotating lead trader mechanism
1. The lead trader signing
the centralized contract under the rotating lead trader mechanism shall be responsible
for:
a) Carrying out the
responsibilities prescribed in Clause 4 of Article 19 of Decree No.
365/2026/ND-CP of the Government.
b) Implementing the
reallocated quota portion as prescribed in Clause 2 of Article 9 of this
Circular.
2. Lead traders not
signing the centralized contract under the rotating lead trader mechanism shall
be responsible for:
a) Developing the
transaction plan together with the lead trader signing the centralized contract
and the Vietnam Food Association.
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c) Participating in
preparing the supply of goods for the implementation of the contract; together
with the lead trader signing the centralized contract, organizing the
implementation of the signed contract.
d) Implementing the
reallocated quota portion as prescribed in Clause 3 of Article 4 and Clause 2
of Article 9 of this Circular.
dd) Traders prescribed in
this Clause shall be responsible for implementing the rice volume prescribed in
Point d of this Clause in equal proportions.
Article
6. Entities eligible for entrusted export quota allocation
1. The allocation of
centralized contract implementation quotas to traders engaged in the rice
export business for entrusted export shall be carried out in accordance with
the provisions and criteria prescribed in Clause 6 of Article 19 of Decree No.
365/2026/ND-CP of the Government.
2. Traders not eligible
for quota allocation:
a) Traders without a
Certificate of Eligibility for Rice Export Business.
b) Traders falling within
the cases prescribed in Clause 8 of Article 19 of Decree No. 365/2026/ND-CP of
the Government.
Article
7. Allocation of entrusted export quotas
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2. Based on the Ministry
of Industry and Trade's notification, the provincial People's Committee where
the trader has its head office shall review traders wishing to receive
entrusted export quotas as prescribed in Decree No. 365/2026/ND-CP and Article
6 of this Circular; compile a list of traders eligible for quota allocation and
submit it to the Ministry of Industry and Trade.
3. Based on the list of
traders provided by the provincial People's Committee where the trader has its
head office and the commercial rice supply balance and domestic harvest season
situation provided by the Ministry of Agriculture and Environment, the Ministry
of Industry and Trade shall allocate quotas in accordance with the provisions
of Decree No. 365/2026/ND-CP of the Government and this Circular.
4. The Ministry of
Industry and Trade shall notify in writing of the allocation of centralized
contract implementation quotas to provincial People's Committees and lead
traders for implementation.
5. Based on the written
notification of the allocation of centralized contract implementation quotas,
provincial People's Committees shall notify traders for implementation.
Article
8. Principles for the allocation of entrusted export quotas
1. The Ministry of
Industry and Trade shall allocate centralized contract implementation quotas to
traders satisfying the criteria in Points a, b, c and d of Clause 6 of Article
19 of Decree No. 365/2026/ND-CP of the Government.
2. The volume of
centralized contract implementation quotas allocated to traders shall
correspond to their credibility rating. Traders in the same credibility group
shall receive equal quota allocations.
3. Where the credibility
rating evaluation results for traders are not yet available, the quota
allocated to a trader shall not exceed the average allocation for traders
allocated quotas in the same round.
4. The quota allocated to
a trader shall not exceed the volume that the trader registered pursuant to the
notification prescribed in Clause 1 of Article 7 of this Circular.
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a) Traders in the very
high credibility group shall receive quota allocations no greater than the
quota of the lead trader.
b) Traders in the high
credibility group shall receive quota allocations no greater than 50% of the
quota of traders in the very high credibility group.
c) Traders in the medium
credibility group shall receive quota allocations no greater than 50% of the
quota of traders in the high credibility group.
d) Traders in the low
credibility group shall receive quota allocations no greater than 50% of the
quota of traders in the medium credibility group.
dd) Traders in the very
low credibility group shall receive quota allocations no greater than 50% of
the quota of traders in the low credibility group.
6. The volume of quotas
allocated to traders shall be rounded to the nearest ton (metric ton).
7. After allocation, the
remaining amount that cannot be allocated in accordance with the principles set
out above shall be allocated by the Ministry of Industry and Trade to the lead
trader signing the centralized contract for implementation, but shall not
exceed 0.01% of the total centralized contract volume.
Article
9. Return of entrusted export quotas
1. Where a trader is
unable to implement its allocated entrusted quota, within 03 days from the date
of the provincial People's Committee's notification as prescribed in Clause 5
of Article 7 of this Circular, the trader shall submit a written report to the
provincial People's Committee on the return of the quota portion it is unable to
implement, and simultaneously send a copy to the Ministry of Industry and
Trade. The provincial People's Committee shall compile the quotas returned by
traders and submit a written report to the Ministry of Industry and Trade.
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3. On the basis of the
compiled volume of entrusted export quotas returned or not implemented by
traders, the Ministry of Industry and Trade shall reallocate them to the lead
traders. Where quotas are reallocated to lead traders under the rotating lead
trader mechanism, the principle shall be that the lead trader signing the centralized
contract implements two-thirds (2/3) of the rice volume and lead traders not
signing the centralized contract implement one-third (1/3) of the rice volume.
Chapter
III
REPORTING
REGIME ON RICE EXPORT AND IMPORT BUSINESS ACTIVITIES
Article
10. Reports on the status of signing and implementation of rice export
contracts and paddy and rice stocks
1. The submission of
reports prescribed in Point b of Clause 1 of Article 25 of Decree No.
365/2026/ND-CP of the Government shall be carried out on the reporting system
at: baocao.moit.gov.vn.
2. Where the reporting
system experiences a technical malfunction affecting the submission of data,
the trader shall submit the report as an electronic data file via email to:
[email protected] and shall update the data on the reporting system
within 05 days from the date on which the reporting system resumes normal
operation.
Article
11. Quarterly and annual periodic reports and ad hoc reports on rice export
business activities
1. The submission of
reports prescribed in Point c of Clause 1 of Article 25 of Decree No.
365/2026/ND-CP of the Government shall be carried out on the reporting system
at: baocao.moit.gov.vn.
2. For quarterly periodic
reports, traders shall submit them to the Ministry of Industry and Trade before
the 15th of the first month of the following quarter. For annual periodic
reports, traders shall submit them to the Ministry of Industry and Trade before
January 15 of the following year.
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4. Where the reporting
system experiences a technical malfunction affecting the submission of data,
the trader shall submit the report as an electronic data file via email to:
[email protected] and shall update the data on the reporting system
within 05 days from the date on which the reporting system resumes normal
operation.
Article
12. Reports on rice import business activities
1. The submission of
reports prescribed in Point a of Clause 2 of Article 25 of Decree No.
365/2026/ND-CP of the Government shall be carried out on the reporting system
at: baocao.moit.gov.vn.
2. For quarterly periodic
reports, traders shall submit them to the Ministry of Industry and Trade before
the 15th of the first month of the following quarter. For annual periodic
reports, traders shall submit them to the Ministry of Industry and Trade before
January 15 of the following year.
3. Traders shall submit ad
hoc reports as prescribed in Point a of Clause 2 of Article 25 of Decree No.
365/2026/ND-CP of the Government at the request of the Ministry of Industry and
Trade on the rice import situation and other requirements for the purpose of
state management of rice import activities.
4. Where the reporting
system experiences a technical malfunction affecting the submission of data,
the trader shall submit the report as an electronic data file via email to:
[email protected] and shall update the data on the reporting system
within 05 days from the date on which the reporting system resumes normal
operation.
Chapter
IV
CREDIBILITY
RATING EVALUATION OF TRADERS ENGAGED IN THE RICE EXPORT BUSINESS
Article
13. Principles for the credibility rating evaluation of traders engaged in the
rice export business
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2. The credibility score
of a trader is the average of the scores of the component criteria prescribed
in Clause 1 of Article 14 of Decree No. 365/2026/ND-CP of the Government.
Article
14. Notification of credibility rating results
Within 05 working days
from the date of completion of the credibility rating evaluation, the Ministry
of Industry and Trade shall post the list of traders by credibility rating on
the Electronic Information Portal of the Ministry of Industry and Trade.
Article
15. Rice export business performance results
The criterion for rice
export business performance is evaluated on a 100-point scale, in which:
1. Annual export
performance: 50 points.
The annual export
performance criterion has a maximum score of 50 points and a minimum score of
10 points and is evaluated as follows:
a) The top 10 traders in
terms of export performance shall receive corresponding scores ranging from 41
to 50 points;
b) Traders with export
performance exceeding 100,000 tons but not in the group of traders prescribed
in Point a of this Clause shall receive 40 points;
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d) Traders with export
performance exceeding 10,000 tons shall receive 20 points;
dd) Traders with export
performance of 10,000 tons or below shall receive 10 points.
2. Market development: 50
points.
The market development
criterion has a maximum score of 50 points and a minimum score of 10 points and
is evaluated as follows:
a) Traders with export
activities to all three market groups, comprising: traditional markets, markets
covered by Free Trade Agreements (FTA) and other markets, shall receive 50
points;
b) Traders with export activities
to 2 out of the 3 market groups prescribed in Point a of this Clause shall
receive 30 points;
c) Traders with export
activities to 1 out of the 3 market groups prescribed in Point a of this Clause
shall receive 10 points.
Each year, the Ministry of
Industry and Trade shall publish the list of markets in each group prescribed
in this Clause.
Article
16. Results of compliance with the reporting regime and circulation reserve
requirements
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1. The reporting
compliance record criterion has a maximum score of 60 points and a minimum
score of 0 points and is evaluated as follows:
Traders shall have points
deducted for their reporting compliance record in the following cases:
a) Violation of reporting
deadlines: Reports submitted after the prescribed deadline but no more than 05
working days from the expiry of the reporting deadline or the deadline as
required by the competent authority shall have 01 point deducted per report;
where a report is submitted more than 05 working days late, 03 points shall be
deducted per report.
b) Violation of reporting
content requirements: Reports that are incomplete, inaccurate or not in the
prescribed form shall have from 01 to 03 points deducted per report.
2. The circulation reserve
criterion has a maximum score of 40 points and a minimum score of 08 points and
is scored as follows:
a) A circulation reserve
level exceeding 25% of the volume of rice exported by the trader in the
preceding 06 months: 40 points;
b) A circulation reserve
level of from 20% to 25% of the volume of rice exported by the trader in the
preceding 06 months: 32 points;
c) A circulation reserve
level of from 15% to below 20% of the volume of rice exported by the trader in
the preceding 06 months: 24 points;
d) A circulation reserve
level of from 10% to below 15% of the volume of rice exported by the trader in
the preceding 06 months: 16 points;
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Where a trader has no
export performance in the preceding 06 months, the circulation reserve score
shall be determined at the score level prescribed in Point dd of this Clause.
The circulation reserve
criterion is continuously evaluated throughout the year and the average score
is used to calculate the final result.
The circulation reserve
level is recorded based on the trader's report submitted on the 5th of each
month and the ad hoc reports prescribed in Clauses 1 and 2 of Article 11 of
this Circular.
Chapter
V
IMPLEMENTATION
PROVISIONS
Article
17. Entry into force
1. This Circular comes
into force as of October 1, 2026.
2. This Circular annuls:
a) Circular No.
30/2018/TT-BCT of the Minister of Industry and Trade on elaboration of certain
articles of Decree No. 107/2018/ND-CP dated August 15, 2018 of the Government
on the rice export business;
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3.
This Circular annuls Article 26 of Circular No. 42/2019/TT-BCT of the Minister
of Industry and Trade amending certain provisions on the periodic reporting
regime in circulars promulgated or jointly promulgated by the Minister of
Industry and Trade.
4. The detailed list by HS
code of exported paddy and rice as prescribed in Clause 1 of Article 2 of
Circular No. 08/2023/TT-BCT of the Minister of Industry and Trade shall
continue to apply until amended or replaced by another document.
Article
18. Transitional provisions and implementation
1. Traders that were
designated as lead traders before this Circular comes into force shall continue
to act as such until the Memoranda of Understanding and agreements between the
competent authority of the Vietnamese Government and foreign competent
authorities and rice export contracts signed at the direction of the Prime
Minister expire or the importing country proposes to change the designated lead
trader.
2. Registered rice export
contracts and centralized contracts already allocated for implementation before
the effective date of this Circular shall continue to be implemented without
re-registration or re-allocation.
3. The credibility rating
evaluation of rice export traders and the implementation of matters relating to
the credibility rating under this Circular shall take effect from January 1,
2028.
4. During the period
before the credibility rating evaluation of traders is conducted, quotas shall
be allocated equally to traders that register and satisfy the conditions for
quota allocation as prescribed in Decree No. 365/2026/ND-CP of the Government
and this Circular.
5. The Department of
Science, Technology and Digital Transformation shall coordinate with the
Import-Export Department to develop, operate and upgrade the reporting system
at: baocao.moit.gov.vn to meet the proposed operational requirements and comply
with the provisions of Decree No. 365/2026/ND-CP of the Government and this
Circular.
6. During the
implementation of this Circular, where issues arise or difficulties are
encountered, agencies, organizations, individuals and traders engaged in the
rice export and import business shall refer to the Ministry of Industry and
Trade (Import-Export Department) for consideration and resolution./.
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PP. MINISTER
DEPUTY MINISTER
Luong Hoang Thai