Title: Circular 44/2010/TT-BCT Detailing a number of articles of the Government's Decree 109/2010/ND-CP on rice export business

Type: Circular

Issuing Agency: Ministry of Industry and Trade

Responsible Agency: Ministry of Industry and Trade

Issuing Date: 31-12-2010

 

 

 

Dossiers and procedures for rice export contract registration

1. A dossier of rice export contract registration comprises:

a/ A written request for rice export contract registration.

b/ The original or valid copy of the signed rice export contract.

c/ The original report on the volume of available rice, clearly stating the total volume of rice available in the trader's warehouses; addresses of the trader's warehouses and the volume of rice in each warehouse.

d/ A valid copy of the valid certificate of eligibility for rice export business (below referred to as certificate), for first contract registration.

e/ To be given priority under Clause 2, Article 18 of the Government's Decree No. 109/2010/ ND-CP, the trader shall additionally submit a request for prioritized registration and a summary report on direct procurement of rice under farm produce procurement contracts signed with producers, enclosed with supporting documents.

2. The order and procedures for rice export contract registration comply with Article 17 of the Government's Decree No. 109/2010/ND-CP.

Traders shall submit contract registration dossiers directly or by registered (or express) mail to the Vietnam Food Association. The Vietnam Food Association shall register and certify every page of a trader's rice export contract under the Government's Decree No. 109/2010/ND-CP and this Circular.

3. Prioritized registration under Clause 2, Article 18 of the Government's Decree No. 109/2010/ND-CP shall be made as follows:

a/ A contract registration dossier which meets prescribed criteria shall be registered right on the date of its receipt.

b/ For a dossier which needs to be modified, the Vietnam Food Association shall notify such to the trader on the date of dossier receipt and register the contract right on the date of receiving the valid modified dossier.

c/ When a dossier is received at the end of a working day and there is not enough time to process it, this dossier shall be examined and processed before other dossiers at the beginning of the subsequent working day.

Application of floor export prices of rice and verification of traders' available rice volume

1. Floor export prices of rice

a/ The time for applying the floor export price of rice in contract registration is at least 3 (three) days after the Vietnam Food Association's announcement under regulations.

b/ When the export price under a contract is not lower than the floor export price of rice announced by the Vietnam Food Association at the lime of contract signing, but is lower than the floor price at the lime of contract registration, the floor price at the time of contract signing will apply provided that the time of contract registration does not pass the time limit provided in Clause 2, Article 17 of the Government's Decree No. 109/2010/ND-CP.

2. Traders' available rice

a/ A trader shall declare its available rice in the report specified at Point c, Clause 1, Article 3 of this Circular and take responsibility before law for the truthfulness of repotted figures.

b/ When detecting a trader's untruthful reporting, right after contract registration, the Vietnam Food Association shall request in writing a provincial-level Industry and Trade Department to examine and verify such reporting.

Rice export contracts

1. A rice export contract must comply with Vietnamese law and international practices and contain the following information:

a/ Names and addresses of the buyer and seller.

b/ Name, quantity, type, quality, packing specification and packaging of goods. Allowable quantitative error is five per cent at most (± 5%).

c/ Goods delivery mode and time, loading and unloading ports; transshipment ports (if any).

d/ Price and payment mode and time.

2. A rice export contract must contain a term on rice export to a third country (re-export term) as follows:

a/ The buyer's re-export to a third country being a country or territory with centralized contract transactions with Vietnam is subject to the seller's consent.

b/ The seller may accept the buyer's re-export or delivery of goods to a third country being a country or territory with centralized contract transactions with Vietnam within the time limit specified in Clause 2, Article 15 of this Circular only when obtaining the Ministry of Industry and Trade's written approval.

3. The time limit for delivering the first lot of rice under a rice export contract is 90 (ninety) days after the contract is signed.

4. When a registered contract is modified, the trader shall sign and register the contract annex at the Vietnam Food Association within 3 (three) working days after the contract annex is signed.

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Download English: Circular 44/2010/TT-BCT Detailing a number of articles of the Government's Decree 109/2010/ND-CP on rice export business

Download Vietnamese: Circular 44/2010/TT-BCT Detailing a number of articles of the Government's Decree 109/2010/ND-CP on rice export business