Decree 11/2022/ND-CP amending Decree 103/2020/ND-CP on certification of fragrant rice exported to the European Union to guide the implementation of certification of fragrant rice exported to the EU European Union and the United Kingdom of Great Britain and Northern Ireland

DECREE

AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREE NO 103/2020/ND-CP SEPTEMBER 4, 2020 OF THE GOVERNMENT ON CERTIFICATION OF FRAGRANT RICE TYPES FOR EXPORT TO THE EUROPEAN UNION TO GUIDE THE IMPLEMENTATION OF THE CERTIFICATION OF FRAGRANT RICE TYPES FOR EXPORT TO THE EUROPEAN UNION AND THE UNION OF THE UK AND THE NORTH IRELAND

Base Law on Government Organization June 19, 2015; Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Local Government Organization November 22, 2019;

Base Law of International Treaties April 9, 2016;

Pursuant to Resolution No 102/2020/QH14 June 8, 2020 approved by the National Assembly Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (EVFTA);

Implementing the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland (UKVFTA) effective from date 01 month 01 month 2021;

At the request of the Minister of Agriculture and Rural Development;

The Government promulgates a Decree amending and supplementing a number of articles of Decree No 103/2020/ND-CP September 4, 2020 of the Government regulations on certification of fragrant rice exported to the European Union to guide the implementation of certification of fragrant rice exported to the European Union and the United Kingdom of Great Britain and Northern Ireland.

Article 1. Amending and supplementing a number of articles of Decree No 103/2020/ND-CP September 4, 2020 of the Government regulations on certification of fragrant rice exported to the European Union (hereinafter abbreviated as Decree No. 103/2020/ND-CP) to guide the implementation of certification fragrant rice varieties exported to the European Union and the United Kingdom of Great Britain and Northern Ireland

1. Modifications and additions Article 1 as follows:

"Article 1. Scope

This Decree regulates the certification of fragrant rice types on the List specified in Point 8, Subsection 1, Section B, Appendix 2-A of the Free Trade Agreement between Vietnam and the European Union (hereinafter abbreviated as EVFTA Agreement) enjoy import tax exemption according to quotas when exporting to the European Union within the framework EVFTA Agreement and exported to the United Kingdom of Great Britain and Northern Ireland within the framework of the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland (hereinafter abbreviated as UKVFTA Agreement).

2. Amendments and supplements Clause 1 Article 3 as follows:

"first. Fragrant rice is a type of rice on the List specified in Point 8, Subsection 1, Section B, Appendix 2-A of the EVFTA Agreement. The list of fragrant rice exported to the European Union (hereinafter abbreviated as EU) is amended and supplemented according to the Decision of the Trade Committee of the EU. EVFTA Agreement; The list of fragrant rice exported to the United Kingdom of Great Britain and Northern Ireland (hereinafter abbreviated as UK) is amended and supplemented according to the Decision of the Trade Committee of the UKVFTA Agreement.

3. Amendments and supplements Point b Clause 1 Article 7 as follows:

“b) Sample Certificate of fragrant rice variety with fully declared information from sections 1 to 9 according to the form specified in Appendix VI issued with Decree No. 103/2020/ND-CP for fragrant rice exported to the EU or Appendix VIa issued with this Decree for fragrant rice exported to the UK.”

4. Amendments and supplements Point b Clause 2 Article 7 as follows:

“b) Within 05 working days from the date of receipt of valid dossiers, the Department of Crop Production shall organize appraisal and certification in section 10 of the Certificate of Fragrant Rice Species specified in Appendix VI promulgated together. according to Decree no 103/2020/ND-CP for fragrant rice exported to the EU or Appendix VIa issued with this Decree for fragrant rice exported to the UK; In case of non-certification, a written response must be provided clearly stating the reason.”

5. Amendments and supplements Point b Clause 2 Article 8 as follows:

“b) Sample Certificate of re-certification of fragrant rice species with full declaration of information from sections 1 to 9 according to the form specified in Appendix VII issued with Decree No. 103/2020/ND-CP for fragrant rice exported to the EU or Appendix VIIa issued with this Decree for fragrant rice exported to the UK.”

6. Amendments and supplements Point b Clause 3 Article 8 as follows:

“b) Within 03 working days from the date of receipt of valid documents, the Department of Crop Production shall organize appraisal and certification in section 10 of the form of re-certification of fragrant rice types specified in Appendix VII issued attached to Decree No 103/2020/ND-CP for fragrant rice exported to the EU or Appendix VIIa issued with this Decree for fragrant rice exported to the UK; In case of non-recertification, a written response must be made clearly stating the reason.”

7. Amendments and supplements Clause 2 Article 12 as follows:

"2. Announce on the Electronic Information Portal of the Department of Crop Production, Ministry of Agriculture and Rural Development the list of testing organizations; Name of organization or individual certified for fragrant rice type, Certificate of fragrant rice type issued or canceled; The list of fragrant rice types exported to the EU has been updated, amended and supplemented according to the Decision of the Trade Commission EVFTA Agreement; The list of fragrant rice exported to the UK is updated, amended and supplemented according to the Decision of the UKVFTA Trade Committee.

8. Addition of Appendix VIa, VIIa issued together with this Decree.

9. Replace Appendix V issued with Decree No 103/2020/ND-CP in Appendix V issued with this Decree.

10. Abolish Appendix I issued with Decree No 103/2020/ND-CP .

Article 2. Implementation organization

1. This Decree takes effect from the date of signing.

2. Transition regulations

For fragrant rice produced before the effective date of this Decree for export to the UK, the organization or individual's application for certification of fragrant rice type must comply with Point a, Clause 1, Article 7 of Decree No. 103/2020/ND-CP and Clause 3, Article 1 of this Decree; Dossier to request re-certification of fragrant rice type is followed Point a, Clause 2, Article 8 of Decree No. 103/2020/ND-CP and Clause 5, Article 1 of this Decree until March 31, 2022.

3. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally-run cities, relevant organizations and individuals are responsible for implementing the Decree this decision.