CIRCULAR detailing a number of articles of Decree No. 109/2010/ND-CP on January 4, 2011 by the Government on the export of rice _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 109/2010/ND-CP on January 4, 2011 by the Government on the export of rice (hereinafter abbreviated as Decree No. 109/2010/ND-CP of the Government);
After the Exchange with the Ministry of finance, Ministry of agriculture and rural development, Vietnam food Association, the Minister of industry and trade, detailing a number of articles of Decree No. 109/2010/ND-CP of the Government as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular rules on rice export contract registration, centralized rice export contract (hereafter abbreviated as centralized contracts) and the related issues in accordance with Decree No. 109/2010/ND-CP of the Government.
Article 2. The object application this circular apply to rice export sales merchant; the Agency, responsible organization in signing rice export contracts, transactions, signing, execution of the contract and the Agency, organization or individuals involved.
Chapter II REGISTRATION article 3 RICE EXPORT CONTRACT. Records, registration of rice export contract 1. Profile sign rice export contracts, including: a) the suggested text sign rice export contracts.
b) original or valid copy of the rice export contract was signed.
c the main paddy quality report), rice is available, which stated the total amount of paddy, rice traders available in store; the specific address and quantity of paddy rice in paddy rice, container of each trader.
d) valid copy of certificate of eligibility to the rice export business is still in force (hereafter abbreviated as certificate), when signing the contract.
DD) case to be priority according to the provisions in clause 2 Article 18 of Decree 109/2010/ND-CP of the Government, traders submit more documents suggest priorities and report the purchase of paddy, rice directly through consuming agricultural contracts signed with the manufacturer accompanied by the relevant documents to prove.
2. Order registration procedure rice export contracts made under the provisions of article 17 of Decree 109/2010/ND-CP of the Government.
Trader registration filing of contracts directly or sent by secure mail (or courier) to the Vietnam food Association. Vietnam food Association has the responsibility to perform the registration, confirm directly on each page of the rice export contracts of merchants under the provisions of Decree No. 109/2010/ND-CP of the Government and the provisions of this circular.
3. The previous registration priority according to the provisions in clause 2 Article 18 of Decree 109/2010/ND-CP of the Government are as follows: a) the case of the registration of the contract records meet the criteria under the regulations shall be registered on the receiving records.
b) case records need to modify, Supplement, the Vietnam food Association notify the trader know in on receiving records and sign the contract right in the day received the modified profile, valid additions.
c) case record on the last day of work and not enough time to handle the records are the first priority must be examined, processed before other records at the beginning of the next working day.
Article 4. Rules of application of floor price of rice exports and to verify the amount of available rice trader 1. The floor prices of rice export a) effect time applied in the registration of the contract of the floor price of rice exports is minimal after 3 (three) days from the date of Vietnam food Association published under the regulations.
b) export price in case the contract is not lower than the floor price of rice exports by Vietnam food Association published at the time the contract was signed, but lower than the floor price at the time of subscription contract shall apply under the floor price at the time of the conclusion of the registration period on condition that the contract does not exceed the time prescribed in clause 2 article 17 of the Decree No. 109/2010/ND-CP of the Government.
2. About the amount of available rice traders a) traders to declare himself the amount of rice available in the report referred to in point c of paragraph 1 of article 3 of this circular and responsible before the law about the authenticity of the reports.
b) case discovered incorrect reports traders are immediately after signing the contract, the Vietnam food Association has proposed text Department of industry and trade of the province, central cities examined, verified.
Article 5. Rice export contract contents 1. Rice export contracts must conform with the law of Vietnam and international practices and must contain the following information: a) the name, address of the buyer and the seller.
b) every Name, amount, type, quality, packaging, packaging. The rate of tolerance in quantity not exceeding plus minus five percent (± 5%). c) method of delivery, delivery period, the port of shipment, the port of unloading; transfer port (if available).
d) prices, payment methods, billing period.
2. rice export contract must contain terms and provisions on the export of rice to third countries (re-export terms) as follows: a) The buyer back to third countries as the country or territory has the contract deals with Vietnam must be agreed by the seller.
b) only approved vendor to the buyer on delivery to the countries of origin or third countries or regions have contractual dealings with Vietnam in the time prescribed in clause 2 article 15 this circular if are Industry approved in writing.
3. The time limit for delivery of the first shipment of rice export contracts do not exceed 90 (ninety) days from the date the contract was signed, rice exports.
4. The case of the contents of registered contracts, traders must sign the annex and the appendix to that registered in Vietnam food Association within 3 (three) working days from the date of signing the contract addendum.
Article 6. Processed in violation of the export contract registration 1. In the process of registering the rice export contract, if detected fraudulent or violate the regulations, by the competent State agencies on the market have the contract, Vietnam food Association or traders to report in writing to the Industry and propose measures to handle.
On the basis of the proposed report of the Vietnam food Association, the Ministry of industry and trade test, the handle according to the regulations.
2. Traders are obliged to provide adequate, timely, relevant documents to the competent authority to check, verify the issues as defined in paragraph 1 of this article.
Article 7. Updated information on the implementation of the rice export contract 1. Rice export sales merchant is responsible for notification to the Vietnam food Association on the implementation of the contract has been registered at the request of the Vietnam food Association.
2. Traders not notice as specified in paragraph 1 of this article or do not make deliveries as specified in clause 3 5 of this circular, the Vietnam food Association considered canceling contracts that registration of the trader or the trader suggested in talks with partners to determine ability to perform the contract and registration with the Association of food Vietnam.
Chapter III IMPLEMENTATION of CENTRALIZED CONTRACTS article 8. Specify transaction clue trader 1. After consultation of the relevant organizations, organs, the Ministry of industry and trade appointed focal traders trading contracts focus according to the following criteria: a) achievement of rice Export Trader within 2 (two) years on the market expected contract deals.
b) rice export achievements of traders in 2 (two) years.
c) transactions with foreign partners are assigned or expected to be importing rice.
2. The trader has been appointed the focal transaction before this circular in force shall be continued until the end of the contract signed.
Article 9. The responsibility of the Vietnam food Association 1. Vietnam food Association has the responsibility to monitor the situation, balancing cargo rice resources to guide and assist traders in the preparation, negotiation, Contracting focus.
2. Vietnam food Association sign contracts focus for traders clues when receiving records under the provisions of article 10 paragraph 3 of this circular.
Article 10. The responsibility of traders clue 1. Traders clues are responsible to report in writing to the Ministry of industry and trade and the Vietnam food Association: a) time scheduled to begin and end the transaction; the tender approach, negotiating, Contracting focus ensure effective and responsible of signing the contract.
b) results of the contract and the project implementation contract, immediately after signing the contract.
2. Traders clues must balance base sources goods rice to negotiate the amount and schedule of delivery consistent with the situation of the domestic harvest season, does not cause a negative impact to the market price of rice in the country; the price of rice export contracts focus must not lower the export price under contract to trade on the market at the same time to ensure effective export.
3. Traders clues are responsible for registration of the contract in Vietnam food Association within 5 (five) working days from the date the contract is signed. Contract registration profile to focus include the papers specified in point a, b of paragraph 1 of article 3 of this circular.
4. Traders clues have the responsibility of ensuring the implementation of centralized contract signed; make the target export authorization is returned or not done or no trader would receive authorization to export.
Article 11. Criteria for allocation of fiduciary export target of 1. The allocation of the target made the contract for the rice export business traders to export mandate pursuant to the criteria specified in clause 4 Article 16 of Decree 109/2010/ND-CP of the Government.

2. Vietnam food Association plans to allocate indicators according to the criteria specified in article 16 of Decree 109/2010/ND-CP of the Government and sent the Industry consider before delivery target for traders to implement; organize allocation targets as stipulated in Decree No. 109/2010/ND-CP of the Government and this circular; the track, urging the signing, perform the trust contract to export and report the implementation of Ministry of industry and trade.
Article 12. The allocation procedure 1. After receiving reports of traders clues about the outcome of the contract, Vietnam food Association reported in writing to the rice export sales merchant know to register the target export mandate.
2. within 5 (five) working days from the date of notification of the Vietnam food Association, the traders sent the registration records of the target export authorization to the Vietnam food Association, the records include: a) the suggested text is allocated only goal Trustees export trader , which stated the amount, types of rice received export authorization.
b) accomplishment reports of direct rice export 6 (six) months ago that inventory situation and paddy, rice traders, which stated the amount of rice inventory due to the purchase of storage under the direction of interim bodies, competent organization (if any).
3. registration base of traders, the source of rice balance goods and the situation of the domestic harvest season, the Vietnam food Association plans target allocation made under the provisions of clause 2 article 11 of this circular.
The leaders Vietnam food Association decided the allocation targets, notice in writing to the registered traders know, perform and report the results of Industry attached to the list of registered traders.
Article 13. Return the fiduciary export target of 1. In the case of force majeure which traders can not perform trust targets have been allocated, the trader must have text return indicators that sent traders clues and the Vietnam food Association.
2. Traders do not make true targets were allocated without in the case prescribed in clause 1 of this article not being allocated only made the contract then focus within a period of 6 (six) months from the date of the violation.
Article 14. Signing and implementing the trust contract to export 1. Fiduciary contracts to export rice to be distributed from the centralized contract must have rules of handling the responsibilities of the parties if the fiduciary breach of contract signed, on the basis of the terms of the contract signed focus.
2. The trader does not perform properly the contract signed, the trustee shall bear liability pursuant to the fiduciary contract and not allocated according to criteria prescribed in clause 2 article 13 this circular.
Article 15. Regulations on the export and re-export of rice on the market have focused contract 1. Traders are not trading, signed rice export or re-export of rice buyer to market the contract focused in the time specified in paragraph 2 of this article, except Industry approved in writing prescribed in paragraph 3 of this article.
2. Industry notice in writing of the time and the market are trading contracts with Vietnam Vietnam food Association submitted to popular for rice export sales merchant to know and implement the provisions in paragraph 1 of this article.
3. The approval for the transaction, traders signed contracts to export rice or exported to foreign traders, rice appeared on the market have focused contract are specified as follows: a) traders have proposed in writing accompanied by the relevant documents sent Industry and why send the Vietnam food Association.
b) after receiving the written recommendation of the traders, Industry Review and reply in writing.
4. When the registration of the contract, if the trader signs violated the provisions in clause 1 of this article, the Vietnam food Association have yet to sign contracts and reports, processing measures recommendations in writing submit Industry to consider, handle according to regulations.
The case does not agree with the processing of the Vietnam food Association, as traders reflected in writing about the Industry to consider, handle according to regulations.
Chapter IV PROVISIONS on the RENT storage space, BASE GRIND, GRINDING grains of RICE to MEET the RICE EXPORT BUSINESS CONDITIONS article 16. Rules for hiring, renting storage space, base grind, grinding grains of rice to meet the rice export business conditions 1. Organizations and individuals for rent storage space, the base grind, paddy rice, milled to meet rice export business conditions not signed the lease exceeded the actual capacity of the container, grind, grind, base rubbing rubbing for hire.
Merchant Warehouse rental, base grind, rubbing in response to business conditions to export rice to fact check storage space, base grind, rubbing and responsible before the law about the lease signed.
2. Traders have no certificates are for rent or rent storage space, base grind, rubbing to other merchants hired or leased storage space, base grind, rubbing it on purpose-please use the certification.
3. Merchant Warehouse rental, base grind, rubbing in response to business conditions to have the lease in writing, in accordance with the provisions of paragraph 1, paragraph 2 of this Article and the provisions of relevant laws.
4. rice export sales merchant violates the provisions of paragraph 1, paragraph 2 this is dealt with under the provisions of Decree No. 109/2010/ND-CP of the Government.
Article 17. The records suggest, again, adjust the content of the certificate in addition to the documents specified in article 6, article 7 of Decree 109/2010/ND-CP of the Government, traders and warehouse rental, base grind, rubbing in response to business conditions must submit the attached original lease file grant proposals , the level again, adjust the content of the certificate.
Article 18. The validity of the certificate issued to traders and warehouse rental, base grind, rubbing in response to business conditions 1. The certificate issued to traders and warehouse rental, base grind, rubbing in response to business conditions in effect to the end of September 2012.
2. After the time limit specified in paragraph 1 of this article, traders must have storage space, base grind, rubbing owned under the provisions of article 4 of Decree 109/2010/ND-CP of new Government continue rice export business.
Chapter V ENFORCEMENT PROVISIONS article 19. Responsible for implementation 1. Vietnam food Association has the responsibility: a) build public and professional process, the registration form, statistics, export the report to perform the assigned tasks according to the provisions of Decree No. 109/2010/ND-CP of the Government, reported the Industry before enactment.
b) reported receiving address records, phone number, fax number, e-mail address (email) to the rice export business traders know and transactions; announced the process of receiving, processing the records, the result of processing the profile in the profile and reception locations on electronic information page (website) of the Vietnam food Association.
c) notified in writing them, name, title and signature of the person authorized to sign rice export contract registration and sign the documents the Vietnam food Association issued under the provisions of Decree No. 109/2010/ND-CP of the Government and this circular to the Ministry of industry and trade The people's Committee, and the Department of industry and trade of the province, central cities have paddy, rice exports, the Customs and the traders to export rice.
2. Vietnam food Association, rice export sales merchant and the agencies, organizations, individuals concerned are responsible for implementation of the provisions of this circular and the other provisions of the relevant laws.
Article 20. Effect 1. This circular has effect from the date of Feb. 14, 2011.
2. for rice export contracts already signed, the contract has been allocated focus made prior to the date of this circular in force is to be made without having to register, allocated.
3. During implementation of this circular, if obstacles arise, agencies, organizations and business traders rice exports reflected in writing about the Industry to handle.