First, Rice export business conditions is regulated at article 4, Decree No. 109/2010/ND-CP
1. To export rice, a trader must fully satisfy the following conditions:
a/ Being established and registering business under law.
b/ Having at least 1 (one) warehouse which can store at least 5,000 (five thousand) tons of paddies and meets general regulations promulgated by the Ministry of Agriculture and Rural Development.
c/ Having at least 1 (one) rice mill with an hourly capacity of at least 10 tons of paddies which meets general regulations promulgated by the Ministry of Agriculture and Rural Development.
2. The rice warehouse and mill mentioned in this Article must be owned by the trader and located in a province or centrally run city which has export commodity rice or an international seaport with rice export activities at the time the trader applies for a certificate.
Second, when they satisfy the above conditions, the business registrate rice export business. Within 10 (ten) working days after receiving a trader's written request and related documents, provincial-level Industry and Trade Departments shall assume the prime responsibility for, and coordinate with provincial-level Agriculture and Rural Development Departments in, inspecting and certifying rice warehouses and mills in localities according to the forms provided in Appendices TV and V to this Decree.
Article 6 Decree No. 109/2010/ND-CP regulates about Grant of certificates
1. The Ministry of Industry and Trade shall grant certificates to traders under Article 4 of this Decree.
2. A certificate application dossier comprises:
a/ An application made according to the form provided in Appendix I to this Decree.
b/ A valid copy of the business registration certificate or enterprise registration certificate or investment certificate-
c/ The original statement of rice warehouses and the original statement of mills made according to the forms provided in Appendices IV and V to this Decree, which are certified by a provincial-level Industry and Trade Department under this Decree.
3. Within 15 (fifteen) working days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall consider the dossier and grant a certificate according to the form provided in Appendix II to this Decree.
In case of refusal, the Ministry of Industry and Trade shall issue a written reply clearly stating the reason.
4. A certificate is valid for 5 (five) years from the date of its grant. When a certificate expires a trader shall apply for a new certificate to continue rice export business.
5. A new certificate in replacement of a to-be-expired one shall be granted as follows:
a/ At least 30 (thirty) days before a certificate expires, a trader shall submit a dossier of application for a new certificate to the Ministry of Industry and Trade. A dossier comprises:
- The papers specified in Clause 2 of this Article.
- The original certificate. When the original certificate is lost, damaged or destroyed, the trader shall make a written explanation clearly stating the reason.
- A report on rice export business made according to the form provided in Appendix VI to this Decree.
b/ The time limit for consideration and grant of a new certificate complies with Clause 3 of this Article,
Dossiers and procedures for rice export contract registration is provided Article 3 Circular No. 44/2010/TT-BCT.
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.
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