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THE
GOVERNMENT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
01/2025/ND-CP
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Hanoi,
January 01, 2025
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DECREE
AMENDMENTS TO CERTAIN ARTICLES OF THE GOVERNMENT’S DECREE
NO. 107/2018/ND-CP ON RICE EXPORT BUSINESS DATED AUGUST 15, 2018
Pursuant to Law on Government
Organization dated June 19, 2015; Law on Amendments to certain Articles of the
Law on Government Organization and the Law on Organization of Local Government
dated November 22, 2019;
Pursuant to Law on Investment
dated June 17, 2020;
Pursuant to Law on Enterprises
dated June 17, 2020;
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 19, 2023;
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The government promulgates the
Decree on amendments to certain articles of the Government’s Decree No.
107/2018/ND-CP on rice export business dated august 15, 2018 (hereinafter
referred to as " Decree No. 107/2018/ND-CP”)
Article 1.
Amendments to certain Articles of the Decree No. 107/2018/ND-CP
1. Clause
3 shall be added to Article 3 as follows:
“3. A trader holding the
Certificate of eligibility for rice export business (hereinafter referred to as
“Certificate”) is only allowed to entrust or be entrusted to export rice by
another trader holding the Certificate.”
2. Point
h shall be added to Clause 1 Article 8 as follows:
“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.
3. Point
a, Clause 2 Article 8 shall be amended as follows:
“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.”
4. Clause
4 shall be added to Article 8 as follows:
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5. Clause
2 Article 20 shall be amended as follows:
“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.”
6. Point
a, Clause 1 Article 22 shall be amended as follows:
“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.”
7. Point
c shall be added to Clause 4 Article 22 as follows:
“c) Give priority to the
allocation of annual funding for the program to develop foreign trade
activities, promote trade for rice and rice products.”
8. Point
d, Clause 6 Article 22 shall be amended as follows:
“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 shall direct Departments of Industry and Trade
of the same province/city to cooperate with relevant agencies of their
provinces/cities in conducting post-licencing inspection of rice warehouses and
mills, in order to make sure the business conditions in their provinces/cities
as prescribed in clause 2, Article 5 hereof are fully complied with.
9. Clause
3 Article 24 shall be amended as follows:
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Article 2.
Annulment of some regulations of Decree No. 107/2018/ND-CP
Clause 6, Article 24 shall be
annulled.
The phrase " và Ngân hàng Nhà
nước Việt Nam" (“and the State Bank of Vietnam”) in Clause 1, Article 27
shall be removed.
Article 3.
Implementation
1. This
Decree shall come into force from March 01, 2025.
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, and relevant agencies,
organizations, enterprises, and individuals shall be responsible for
implementing this Decree.
ON
BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Bui Thanh Son
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