New regulations on conditions of rice export business

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From 1st October 2018, new Decree on rice export business will take effect.

Specifically, conditions of rice export business include:

1- Traders are permitted to establish and register business in accordance with regulations of the law when they meet conditions as follows: Having at least 1 specialized warehouse used for storing rice and paddy in conformity with the national standards and regulations on warehousing for storing rice and paddy issued by the competent agency in accordance with the Law on standards and technical regulations; Having at least 1 facility for milling, grinding or processing of rice and paddy in conformity with national standards and technical regulations on facility for milling, grinding or processing of rice and paddy issued by the competent agency in accordance with provisions of the law on standards and technical regulations.

2- In order to meet the above mentioned conditions, the warehouses, facilities for milling, grinding or processing of rice and paddy may be owned by traders or can be leased from other individuals and organizations under written leasing contracts in accordance with provisions of the law with the minimum term of 5 years. Traders who have certificates of eligibility for rice export business (certificates) shall not be allowed to lease or sublease warehouses, facilities for milling, grinding or processing of rice and paddy which have been declared to prove their satisfaction of business conditions in their application for the granting of certificates for other traders to use for the purpose of applying for certificates.

3- Traders only exporting organic rice, parboiling rice and multi-micronutrient fortified rice do not need to meet the above mentioned business conditions and are allowed to export these types of rice without a certificate, do not have to reserve for circulation and have to report in accordance with regulations.

When carrying out Customs procedures, traders exporting rice, organic rice, parboiling rice and multi-micronutrient fortified rice without certificates only submit to the Customs authority the original, or a written copy with confirmation authenticated by competent agencies, organizations or assessment certificate on rice exports issued by assessment organizations in accordance with the law on rice exports in conformity with criteria and determination method instructed by the Ministry of Agriculture and Rural Development and the Ministry of Health.

Also, the Decree specifies the inspection for conditions of rice export business. Accordingly, traders shall fill an application for certificates and take responsibility before law for their declared contents and documents in the dossiers and the satisfaction of the conditions of rice export business.

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The Industry and Trade Department shall lead and coordinate with the Agriculture and Rural Development Department and relevant agencies to implement post-inspection for warehouses, facilities for milling, grinding or processing of rice and paddy to meet conditions of rice export business in the traders’ areas after they were granted certificates.

Within 5 working days after the inspection is finished, the Industry and Trade Department shall report to the Ministry of Industry and Trade the inspection results in writing and propose measures for handling (if any) together with the inspection report.

According to the plan, annually or randomly, the Ministry of Industry and Trade shall lead and coordinate with relevant agencies to implement the post-inspection for warehouses and facilities for milling, grinding or processing of rice and paddy in the traders’ areas after they were granted certificates and the maintenance of satisfaction of conditions of rice export business of traders.

The Decree will take effect on 1st October 2018.