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THE PRIME
MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 12/1998/QD-TTg
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Hanoi, January
23, 1998
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DECISION
THE MANAGEMENT OF
RICE EXPORT AND FERTILIZER IMPORT IN 1998
THE PRIME MINISTER
Pursuant
to the Law on Organization of the Government of September 30, 1992;
At the proposals of the Minister of Trade and the Minister of Agriculture and
Rural Development,
DECIDES:
I. ON THE
RICE EXPORT:
Article
1.- The 1998 rice export quota of 4 (four) million tons shall be allocated
as follows:
- Localities: 2.8 million tons (including State
enterprises, non-State enterprises and foreign-invested enterprises in
provinces and cities).
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On the basis of the volume of commodity rice
that need to be sold and the 1997 rice export result, and after consulting the
Ministry of Agriculture and Rural Development, the Minister of Trade shall
decide to allocate at one time 90% of the above-said rice export quota to
provinces, the centrally-run enterprises and foreign-invested enterprises
immediately in January 1998 so that they can organize the implementation
thereof.
If by September 1998, the rice production goes
well, the Ministry of Agriculture and Rural Development shall propose the Prime
Minister to consider the allocation of the remaining 1998 rice export quota.
The export of rice by foreign-invested
enterprises shall comply with the investment licenses granted to them.
Article 2.-
For rice produced in Northern and Central Vietnam: To allow enterprises of all
economic sectors to take part in the export thereof. The Ministry of Trade
shall provide detailed guidance for the implementation.
Article 3.-
For rice produced in Southern Vietnam: In addition to the enterprises engaged
in direct rice export in 1997, new ones shall be added:
- For provinces that have achieved the annual
rice output of over one million tons and each has had less than 2 enterprises
conducting direct rice export, 01 (one) more enterprise shall be added;
- To permit the Saigon General Trade
Corporation, the Agricultural Supplies Corporation, the Cereal Export-Import
Company under the Ministry of Agriculture and Rural Development and the Red
Flag Farm of Can Tho province to conduct direct rice export;
- In addition to a number of State enterprises
decided by the provincial/municipal People's Committees under the provisions of
this Article, the Ministry of Trade shall experimentally permit a number of
non-State enterprises currently engaged in rice processing and grinding to
conduct direct rice export if they are fully qualified therefor.
Article 4.-
The allocation and adjustment of rice export quotas (included in the total rice
export quotas already allocated to provinces) to enterprises located in
provinces, including rice export enterprises which are members of the Southern
Food Corporation, shall be considered and decided by the presidents of the
People's Committee of such province on the case-by-case basis.
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II. ON
THE FERTILIZER IMPORT:
Article 6.-
Basing itself on the 1998 quotas for import of fertilizers of various kinds
(Urea fertilizer: 1,600,000 tons; DAP fertilizer: 300,000 tons; SA fertilizer
250,000 tons; NPK fertilizer: 350,000 tons and KCL fertilizer: 240,000 tons),
the Ministry of Trade shall coordinate with the Ministry of Agriculture and
Rural Development in allocating at one time the quotas for import of
fertilizers of various kinds to provinces and centrally-run enterprises in
January 1998 so that such provinces and enterprises can take initiative in
planning the import and consumption of fertilizers.
Article 7.-
To meet the country's demand for fertilizers in service of production, in
addition to the enterprises that imported fertilizers in 1997, the following
enterprises shall also be permitted to import fertilizers:
- The Mineral Export and Import Company
(Minexport) under the Ministry of Trade;
- The Chemicals Corporation under the Ministry
of Industry;
- 1 (one) State enterprise of Gia Lai province;
- 1 (one) State enterprise of Nam Dinh province;
The Ministry of Trade shall propose the Prime
Minister to permit a number of qualified non-State enterprises to import and
trade in fertilizers.
Article
8.- An import quota of 300,000 tons of fertilizers of various kinds shall
be allocated to Hai Phong Trade and Service Company (Hachimex) (besides the
quotas defined in this Decision), in order to realize the business plan by the
mode of setting up a regular reserve storehouse which has already been agreed
upon in principle by the Prime Minister in Document No.5271/KTTH of October 20,
1997.
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Article 9.-
For fertilizers of other special types, which have not been produced in the
country (micro-biological fertilizer, leaf fertilizer) but already permitted to
be used in Vietnam, the enterprises having permits for export and/or import of
goods in such appropriate commodity group shall be entitled to import them
according to production and business demand.
For chemical fertilizers used as raw materials
for the production of composite fertilizers, the Ministry of Trade shall
consult the Ministry of Agriculture and Rural Development and the Ministry of
Industry before permitting a number of enterprises defined in Article 7 of this
Decision to sufficiently import such raw materials and supply them to domestic
fertilizer production establishments which have been granted production permits
by the Ministry of Industry and goods quality certificates by the Ministry of
Science, Technology and Environment;
The Ministry of Industry should scan then
reorganize the enterprises manufacturing composite fertilizers with a view to
ensuring the goods quality and balancing the composite fertilizer demand and
supply.
III. THE
ORGANIZATION OF IMPLEMENTATION:
Article 10.- Basing themselves on this Decision
and the Minister of Trade's decisions to allocate the 1998 rice export and
fertilizer import quotas to the provinces, in early February 1998, the
presidents of the provincial People's Committees shall notify the names of
designated enterprises with their respective rice export quotas or fertilizer
import quotas allocated under the provisions of Articles 3 and 7 of this
Decision to the Ministry of Trade, the General Department of Customs, the State
Bank, the Ministry of Finance and the Ministry of Planning and Investment for
their coordination in directing the implementation.
Article
11.- Basing itself on the decisions of the Ministry of Trade on the
allocation of rice export and fertilizer import quotas (to provinces, the
centrally-run enterprises, foreign-invested enterprises), the decisions of the
presidents of the provincial People's Committees (on the allocation of rice
export and fertilizer import quotas to provincial enterprises), the General
Department of Customs shall guide the border-gate customs offices to process
the goods export or import procedures for enterprises. The granting of rice export
permits and fertilizer import permits shall be canceled.
Article
12.- For the 1997 rice export and fertilizer import quotas, the concerned
enterprises are allowed to fulfill them till March 31, 1998.
With respect to rice markets previously assigned
to a number of enterprises, if other enterprises have concluded contracts with
lucrative commercial terms and prices, under the guidelines of the Ministry of
Trade, they shall be allowed to export rice directly or through a third party
to such markets.
Apart from the enterprises permitted to conduct
regular rice export activities, those State enterprises that have found new
markets which may yield results, the concerned ministers or presidents of the
People's Committees of the provinces and cities directly under the Central
Government shall propose the Ministry of Trade to consider and permit the
export.
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The People's Committees of the provinces and
cities directly under the Central Government shall have to inspect, supervise
and bear responsibility for the fulfillment of the allocated export and import
quotas; and shall not permit the sale, purchase or transfer of quotas in any
forms.
Article
14.- The State Bank shall direct the commercial banks in satisfactorily and
promptly providing loans for enterprises to buy rice and to import fertilizers
under this Decision.
Article
15.- To set up the Steering Committee for the management of rice export and
fertilizer import activities, which shall be headed by a Vice Minister of Trade
and composed of representatives from the Ministry of Agriculture and Rural
Development, the Ministry of Finance, the State Bank, the General Department of
Customs, some provinces with high commercial rice output and the Vietnam Food
Exporters-Importers' Association.
Article 16.-
This Decision takes effect from the date of its signing to the end of March 31,
1999. The ministers, the heads of the ministerial-level agencies, the heads of
the agencies attached to the Government and the presidents of the People's
Committees of the provinces and cities directly under the Central Government
shall have to implement this Decision.
THE PRIME MINISTER OF
GOVERNMENT
Phan Van Khai