Where do traders apply for certificates of eligibility for rice export business in Vietnam?

Where do traders apply for certificates of eligibility for rice export business in Vietnam?

Pursuant to Article 6 of Decree 107/2018/ND-CP stipulating issuance of Certificates as follows:

1. The Ministry of Industry and Trade shall issue the Certificate to the trader as prescribed in Article 4 hereof.

2. The application dossier shall consist of:

a. An original of the application form, using form No. 01 in Appendix hereto.

b. A certified true copy of the business registration certificate or enterprise registration certificate or investment certificate.

c. A certified true copy of the lease agreement for rice warehouse, mill and processor (applicable to traders who rent rice warehouse and mill) or of the document proving the land use rights and the ownership rights to rice warehouse, mill and processor (applicable to traders who own the rice warehouse, mill and processor).

3. Quantity of application dossier: 01 (one)

The trader may send the application dossier in person at the Ministry of Industry and Trade office or by post to the address: Ministry of Industry and Trade, 54 Hai Ba Trung, Hoan Kiem district, Hanoi, or online via the public service website or portal of the Ministry of Industry and Trade.

If a trader sends its application dossier in person at the Ministry of Industry and Trade, he/she may submit the copies of the documents specified in point b and c, clause 2 of this Article, together with the originals.

4. Within 15 working days, from the date on which the completed documents are received, the Ministry of Industry and Trade shall consider issuing the Certificate, using form No. 02 in Appendix hereto.

If the application is refused, within 07 working days from the date on which the application is received, the Ministry of Industry and Trade shall provide explanation in writing for the trader.

5. The Certificate is valid for 05 years from the date of issue. If the Certificate expires, the trader shall request for a new one in order for it to be allowed to continue the rice export business.

6. The issuance of new Certificate for replacement of Certificate to be expired shall be done as follow:

a. At least 30 days before the Certificate's expiry date, the trader shall send the application dossier specified in clause 2 of this Article to the Ministry of Industry and Trade for requesting a new Certificate.

b. The quantity of application dossiers, procedures for submitting them and period for considering and issuing the new Certificate shall comply with the regulations in clause 3, clause 4 of this Article.

Thus, eligible rice traders can apply for a Certificate of eligibility for rice export business at the Ministry of Industry and Trade. Dossier and order of application are specified above in Vietnam.

Can traders rent a rice warehouse rice to be eligible to apply for a certificate of eligibility for rice export business in Vietnam?

According to Clause 1, Clause 2, Article 4 of Decree 107/2018/ND-CP, rice export business conditions are as follows:

1. A trader that is being incorporated and registers for business under law shall be allowed to conduct rice export business if it satisfies the following conditions:

a. Have at least 01 rice warehouse that satisfies the national technical standards and regulations promulgated by a competent authority in accordance with the Law on Technical Standards and Regulations.

b. Have at least 01 rice mill or rice processer that satisfies the national technical standards and regulations promulgated by the competent authority in accordance with the Law on National Technical Standards and Regulations.

2. The rice warehouse, mill or processor that is mentioned in clause 1 of this Article must be owned by the trader or rent by the trader from other organizations or individuals under a lease agreement of at least 05 years.

The trader who obtains the Certificate shall not lease or sublet the rice warehouse, mill and processor that are declared in its application form in order to prevent another trader from using the aforesaid properties to apply for another Certificate.

According to this Article, traders can rent rice warehouses of other organizations or individuals to be eligible to apply for a Certificate of eligibility for rice export business in Vietnam.

Warehouses must meet national technical standards and regulations and must have a written lease agreement as prescribed by law with at least 05 years. When renting a warehouse to store rice, traders are not allowed to sublease it according to regulations in Vietnam.

What are cases of replacement of Certificates of eligibility for rice export business in Vietnam?

In Clause 1, Article 7 of Decree 107/2018/ND-CP stipulating replacement and modifications of Certificates as follows:

1. The Ministry of Industry and Trade shall consider replacing the Certificate if it is lost, damaged or destroyed.

The application dossier shall consist of:

a. An original of the application form, using form No. 03 in Appendix hereto.

b. An original of the Certificate which has been issued. If the original is lost, damaged or destroyed, the trader shall provide explanation in writing.

Thus, the Ministry of Industry and Trade considers and re-issues the Certificate of eligibility for rice export business in cases where the Certificate is lost, damaged or destroyed in Vietnam.

Best Regards!