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MINISTRY OF INDUSTRY AND TRADE OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 65/2026/TT-BCT |
Hanoi, October 1, 2026 |
ON ELABORATION OF CERTAIN ARTICLES AND MEASURES FOR THE IMPLEMENTATION OF DECREE NO. 365/2026/ND-CP DATED SEPTEMBER 23, 2026 OF THE GOVERNMENT ON THE RICE EXPORT AND IMPORT BUSINESS
Pursuant to Decree No. 351/2026/ND-CP of the Government prescribing the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 365/2026/ND-CP of the Government on the rice export and import business;
At the proposal of the Director General of the Import-Export Department;
The Minister of Industry and Trade hereby promulgates a Circular on elaboration of certain articles and measures for the implementation of Decree No. 365/2026/ND-CP of the Government on the rice export and import business.
This Circular elaborates on Point e and Point g of Clause 1 of Article 14, Article 19, Point h of Clause 1 of Article 23, and measures for the implementation of Clause 2 of Article 18, Points b and c of Clause 1 of Article 25, and Point a of Clause 2 of Article 25 of Decree No. 365/2026/ND-CP of the Government on the rice export and import business, regarding:
1. The designation of lead traders to sign and organize the implementation of centralized contracts under Memoranda of Understanding and agreements on rice trade negotiated and signed by the Ministry of Industry and Trade or submitted to the competent authority for signing, as prescribed in Clause 2 of Article 18 of Decree No. 365/2026/ND-CP.
2. The reporting regime of traders engaged in the rice export and import business.
3. The credibility rating evaluation of traders engaged in the rice export business.
This Circular applies to traders engaged in the rice export and import business and relevant agencies, organizations and individuals.
DESIGNATION OF LEAD TRADERS TO SIGN AND ORGANIZE THE IMPLEMENTATION OF CENTRALIZED CONTRACTS
Article 3. Designation of lead traders
1. The designation of lead traders for centralized contract transactions shall be based on the criteria prescribed in Clause 2 of Article 19 of Decree No. 365/2026/ND-CP of the Government.
2. Where two or more traders are designated as lead traders in a market with centralized contracts, the rotating lead trader mechanism as prescribed in Article 4 of this Circular shall apply.
Article 4. Rotating lead trader mechanism
1. The rotating lead trader mechanism is a mechanism applied where two or more traders are designated as lead traders in a market with centralized contracts but the competent authority of the importing country or the designated foreign importer requires that only one trader participate in the signing and transaction of each round of rice imports under the centralized contract.
2. The procedures for the rotating lead trader mechanism are as follows:
a) No later than 01 day from the date of receipt of the importing country’s notification of rice imports, the trader whose turn it is in the rotation shall report to the Ministry of Industry and Trade and send a copy to the Vietnam Food Association on its capacity to participate in the transaction round.
Where the lead trader whose turn it is in the rotation proposes not to participate, it shall clearly report the reasons to the Ministry of Industry and Trade and simultaneously send copies to the Vietnam Food Association and the other lead trader(s).
b) No later than 01 day from the date of receipt of the notice of non-participation from the lead trader whose turn it is in the rotation, the next trader in the rotation shall report to the Ministry of Industry and Trade and simultaneously send a copy to the Vietnam Food Association on its capacity to participate in the transaction round.
Acting as a substitute in a transaction or bid shall not be counted as a rotation turn for the substitute trader, and the substitute trader shall continue to participate in the next transaction round in accordance with its official rotation turn.
c) Where all lead traders decline to participate in the transaction round, the Ministry of Industry and Trade shall designate another trader to participate in the transaction as prescribed.
d) The trader participating in the transaction round shall report to the Ministry of Industry and Trade where it requires assistance with procedures related to the transaction.
3. Quotas shall be allocated to lead traders under the rotating mechanism as follows:
Lead traders under the rotating mechanism may directly export 20% of the rice volume in the centralized contract, in which:
The lead trader signing the centralized contract shall implement two-thirds (2/3) of the 20% volume of rice in the centralized contract. Lead traders not signing the centralized contract shall be allocated equal quantities of rice within one-third (1/3) of the 20% volume of rice in the centralized contract.
Article 5. Responsibilities of lead traders under the rotating lead trader mechanism
1. The lead trader signing the centralized contract under the rotating lead trader mechanism shall be responsible for:
a) Carrying out the responsibilities prescribed in Clause 4 of Article 19 of Decree No. 365/2026/ND-CP of the Government.
b) Implementing the reallocated quota portion as prescribed in Clause 2 of Article 9 of this Circular.
2. Lead traders not signing the centralized contract under the rotating lead trader mechanism shall be responsible for:
a) Developing the transaction plan together with the lead trader signing the centralized contract and the Vietnam Food Association.
b) Coordinating with the lead trader signing the centralized contract to monitor the market situation and matters related to the transaction round; exchanging views with the Vietnam Food Association on the transaction plan.
c) Participating in preparing the supply of goods for the implementation of the contract; together with the lead trader signing the centralized contract, organizing the implementation of the signed contract.
d) Implementing the reallocated quota portion as prescribed in Clause 3 of Article 4 and Clause 2 of Article 9 of this Circular.
dd) Traders prescribed in this Clause shall be responsible for implementing the rice volume prescribed in Point d of this Clause in equal proportions.
Article 6. Entities eligible for entrusted export quota allocation
1. The allocation of centralized contract implementation quotas to traders engaged in the rice export business for entrusted export shall be carried out in accordance with the provisions and criteria prescribed in Clause 6 of Article 19 of Decree No. 365/2026/ND-CP of the Government.
2. Traders not eligible for quota allocation:
a) Traders without a Certificate of Eligibility for Rice Export Business.
b) Traders falling within the cases prescribed in Clause 8 of Article 19 of Decree No. 365/2026/ND-CP of the Government.
Article 7. Allocation of entrusted export quotas
1. After receiving the lead trader’s report on the negotiation, transaction, bidding or results of signing of centralized contracts, the Ministry of Industry and Trade shall notify provincial People’s Committees of the registration for the list of quota fulfillment for the performance of centralized contracts.
2. Based on the Ministry of Industry and Trade’s notification, the provincial People’s Committee where the trader has its head office shall review traders wishing to receive entrusted export quotas as prescribed in Decree No. 365/2026/ND-CP and Article 6 of this Circular; compile a list of traders eligible for quota allocation and submit it to the Ministry of Industry and Trade.
3. Based on the list of traders provided by the provincial People’s Committee where the trader has its head office and the commercial rice supply balance and domestic harvest season situation provided by the Ministry of Agriculture and Environment, the Ministry of Industry and Trade shall allocate quotas in accordance with the provisions of Decree No. 365/2026/ND-CP of the Government and this Circular.
4. The Ministry of Industry and Trade shall notify in writing of the allocation of centralized contract implementation quotas to provincial People’s Committees and lead traders for implementation.
5. Based on the written notification of the allocation of centralized contract implementation quotas, provincial People’s Committees shall notify traders for implementation.
Article 8. Principles for the allocation of entrusted export quotas
1. The Ministry of Industry and Trade shall allocate centralized contract implementation quotas to traders satisfying the criteria in Points a, b, c and d of Clause 6 of Article 19 of Decree No. 365/2026/ND-CP of the Government.
2. The volume of centralized contract implementation quotas allocated to traders shall correspond to their credibility rating. Traders in the same credibility group shall receive equal quota allocations.
3. Where the credibility rating evaluation results for traders are not yet available, the quota allocated to a trader shall not exceed the average allocation for traders allocated quotas in the same round.
4. The quota allocated to a trader shall not exceed the volume that the trader registered pursuant to the notification prescribed in Clause 1 of Article 7 of this Circular.
5. The Ministry of Industry and Trade shall allocate quotas in accordance with the following principles:
a) Traders in the very high credibility group shall receive quota allocations no greater than the quota of the lead trader.
b) Traders in the high credibility group shall receive quota allocations no greater than 50% of the quota of traders in the very high credibility group.
c) Traders in the medium credibility group shall receive quota allocations no greater than 50% of the quota of traders in the high credibility group.
d) Traders in the low credibility group shall receive quota allocations no greater than 50% of the quota of traders in the medium credibility group.
dd) Traders in the very low credibility group shall receive quota allocations no greater than 50% of the quota of traders in the low credibility group.
6. The volume of quotas allocated to traders shall be rounded to the nearest ton (metric ton).
7. After allocation, the remaining amount that cannot be allocated in accordance with the principles set out above shall be allocated by the Ministry of Industry and Trade to the lead trader signing the centralized contract for implementation, but shall not exceed 0.01% of the total centralized contract volume.
Article 9. Return of entrusted export quotas
1. Where a trader is unable to implement its allocated entrusted quota, within 03 days from the date of the provincial People’s Committee’s notification as prescribed in Clause 5 of Article 7 of this Circular, the trader shall submit a written report to the provincial People’s Committee on the return of the quota portion it is unable to implement, and simultaneously send a copy to the Ministry of Industry and Trade. The provincial People’s Committee shall compile the quotas returned by traders and submit a written report to the Ministry of Industry and Trade.
2. Traders that fail to implement or fail to fully utilize their quotas without submitting a report within the prescribed time limit shall be determined to have failed to implement their entrusted export quotas.
3. On the basis of the compiled volume of entrusted export quotas returned or not implemented by traders, the Ministry of Industry and Trade shall reallocate them to the lead traders. Where quotas are reallocated to lead traders under the rotating lead trader mechanism, the principle shall be that the lead trader signing the centralized contract implements two-thirds (2/3) of the rice volume and lead traders not signing the centralized contract implement one-third (1/3) of the rice volume.
REPORTING REGIME ON RICE EXPORT AND IMPORT BUSINESS ACTIVITIES
Article 10. Reports on the status of signing and implementation of rice export contracts and paddy and rice stocks
1. The submission of reports prescribed in Point b of Clause 1 of Article 25 of Decree No. 365/2026/ND-CP of the Government shall be carried out on the reporting system at: baocao.moit.gov.vn.
2. Where the reporting system experiences a technical malfunction affecting the submission of data, the trader shall submit the report as an electronic data file via email to: xuatkhaugao@moit.gov.vn and shall update the data on the reporting system within 05 days from the date on which the reporting system resumes normal operation.
Article 11. Quarterly and annual periodic reports and ad hoc reports on rice export business activities
1. The submission of reports prescribed in Point c of Clause 1 of Article 25 of Decree No. 365/2026/ND-CP of the Government shall be carried out on the reporting system at: baocao.moit.gov.vn.
2. For quarterly periodic reports, traders shall submit them to the Ministry of Industry and Trade before the 15th of the first month of the following quarter. For annual periodic reports, traders shall submit them to the Ministry of Industry and Trade before January 15 of the following year.
3. Traders shall submit ad hoc reports as prescribed in Point c of Clause 1 of Article 25 of Decree No. 365/2026/ND-CP of the Government at the request of the Ministry of Industry and Trade on the export market situation, production and business situation, paddy and rice prices and other requirements for the purpose of state management and administration of rice exports.
4. Where the reporting system experiences a technical malfunction affecting the submission of data, the trader shall submit the report as an electronic data file via email to: xuatkhaugao@moit.gov.vn and shall update the data on the reporting system within 05 days from the date on which the reporting system resumes normal operation.
Article 12. Reports on rice import business activities
1. The submission of reports prescribed in Point a of Clause 2 of Article 25 of Decree No. 365/2026/ND-CP of the Government shall be carried out on the reporting system at: baocao.moit.gov.vn.
2. For quarterly periodic reports, traders shall submit them to the Ministry of Industry and Trade before the 15th of the first month of the following quarter. For annual periodic reports, traders shall submit them to the Ministry of Industry and Trade before January 15 of the following year.
3. Traders shall submit ad hoc reports as prescribed in Point a of Clause 2 of Article 25 of Decree No. 365/2026/ND-CP of the Government at the request of the Ministry of Industry and Trade on the rice import situation and other requirements for the purpose of state management of rice import activities.
4. Where the reporting system experiences a technical malfunction affecting the submission of data, the trader shall submit the report as an electronic data file via email to: nhapkhaugao@moit.gov.vn and shall update the data on the reporting system within 05 days from the date on which the reporting system resumes normal operation.
CREDIBILITY RATING EVALUATION OF TRADERS ENGAGED IN THE RICE EXPORT BUSINESS
Article 13. Principles for the credibility rating evaluation of traders engaged in the rice export business
1. The maximum credibility score of a trader is 100 points and the minimum is 0 points.
2. The credibility score of a trader is the average of the scores of the component criteria prescribed in Clause 1 of Article 14 of Decree No. 365/2026/ND-CP of the Government.
Article 14. Notification of credibility rating results
Within 05 working days from the date of completion of the credibility rating evaluation, the Ministry of Industry and Trade shall post the list of traders by credibility rating on the Electronic Information Portal of the Ministry of Industry and Trade.
Article 15. Rice export business performance results
The criterion for rice export business performance is evaluated on a 100-point scale, in which:
1. Annual export performance: 50 points.
The annual export performance criterion has a maximum score of 50 points and a minimum score of 10 points and is evaluated as follows:
a) The top 10 traders in terms of export performance shall receive corresponding scores ranging from 41 to 50 points;
b) Traders with export performance exceeding 100,000 tons but not in the group of traders prescribed in Point a of this Clause shall receive 40 points;
c) Traders with export performance exceeding 50,000 tons shall receive 30 points;
d) Traders with export performance exceeding 10,000 tons shall receive 20 points;
dd) Traders with export performance of 10,000 tons or below shall receive 10 points.
2. Market development: 50 points.
The market development criterion has a maximum score of 50 points and a minimum score of 10 points and is evaluated as follows:
a) Traders with export activities to all three market groups, comprising: traditional markets, markets covered by Free Trade Agreements (FTA) and other markets, shall receive 50 points;
b) Traders with export activities to 2 out of the 3 market groups prescribed in Point a of this Clause shall receive 30 points;
c) Traders with export activities to 1 out of the 3 market groups prescribed in Point a of this Clause shall receive 10 points.
Each year, the Ministry of Industry and Trade shall publish the list of markets in each group prescribed in this Clause.
Article 16. Results of compliance with the reporting regime and circulation reserve requirements
The criterion for results of compliance with the reporting regime and circulation reserve requirements is evaluated on a 100-point scale, in which:
1. The reporting compliance record criterion has a maximum score of 60 points and a minimum score of 0 points and is evaluated as follows:
Traders shall have points deducted for their reporting compliance record in the following cases:
a) Violation of reporting deadlines: Reports submitted after the prescribed deadline but no more than 05 working days from the expiry of the reporting deadline or the deadline as required by the competent authority shall have 01 point deducted per report; where a report is submitted more than 05 working days late, 03 points shall be deducted per report.
b) Violation of reporting content requirements: Reports that are incomplete, inaccurate or not in the prescribed form shall have from 01 to 03 points deducted per report.
2. The circulation reserve criterion has a maximum score of 40 points and a minimum score of 08 points and is scored as follows:
a) A circulation reserve level exceeding 25% of the volume of rice exported by the trader in the preceding 06 months: 40 points;
b) A circulation reserve level of from 20% to 25% of the volume of rice exported by the trader in the preceding 06 months: 32 points;
c) A circulation reserve level of from 15% to below 20% of the volume of rice exported by the trader in the preceding 06 months: 24 points;
d) A circulation reserve level of from 10% to below 15% of the volume of rice exported by the trader in the preceding 06 months: 16 points;
dd) A circulation reserve level of from 5% to below 10% of the volume of rice exported by the trader in the preceding 06 months: 08 points.
Where a trader has no export performance in the preceding 06 months, the circulation reserve score shall be determined at the score level prescribed in Point dd of this Clause.
The circulation reserve criterion is continuously evaluated throughout the year and the average score is used to calculate the final result.
The circulation reserve level is recorded based on the trader’s report submitted on the 5th of each month and the ad hoc reports prescribed in Clauses 1 and 2 of Article 11 of this Circular.
1. This Circular comes into force as of October 1, 2026.
2. This Circular annuls:
a) Circular No. 30/2018/TT-BCT of the Minister of Industry and Trade on elaboration of certain articles of Decree No. 107/2018/ND-CP dated August 15, 2018 of the Government on the rice export business;
b) Circular No. 35/2025/TT-BCT of the Minister of Industry and Trade amending certain articles of Circular No. 30/2018/TT-BCT dated October 1, 2018 of the Minister of Industry and Trade on elaboration of certain articles of Decree No. 107/2018/ND-CP dated August 15, 2018 of the Government on the rice export business and Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade amending certain provisions on the periodic reporting regime in circulars promulgated or jointly promulgated by the Minister of Industry and Trade.
3. This Circular annuls Article 26 of Circular No. 42/2019/TT-BCT of the Minister of Industry and Trade amending certain provisions on the periodic reporting regime in circulars promulgated or jointly promulgated by the Minister of Industry and Trade.
4. The detailed list by HS code of exported paddy and rice as prescribed in Clause 1 of Article 2 of Circular No. 08/2023/TT-BCT of the Minister of Industry and Trade shall continue to apply until amended or replaced by another document.
Article 18. Transitional provisions and implementation
1. Traders that were designated as lead traders before this Circular comes into force shall continue to act as such until the Memoranda of Understanding and agreements between the competent authority of the Vietnamese Government and foreign competent authorities and rice export contracts signed at the direction of the Prime Minister expire or the importing country proposes to change the designated lead trader.
2. Registered rice export contracts and centralized contracts already allocated for implementation before the effective date of this Circular shall continue to be implemented without re-registration or re-allocation.
3. The credibility rating evaluation of rice export traders and the implementation of matters relating to the credibility rating under this Circular shall take effect from January 1, 2028.
4. During the period before the credibility rating evaluation of traders is conducted, quotas shall be allocated equally to traders that register and satisfy the conditions for quota allocation as prescribed in Decree No. 365/2026/ND-CP of the Government and this Circular.
5. The Department of Science, Technology and Digital Transformation shall coordinate with the Import-Export Department to develop, operate and upgrade the reporting system at: baocao.moit.gov.vn to meet the proposed operational requirements and comply with the provisions of Decree No. 365/2026/ND-CP of the Government and this Circular.
6. During the implementation of this Circular, where issues arise or difficulties are encountered, agencies, organizations, individuals and traders engaged in the rice export and import business shall refer to the Ministry of Industry and Trade (Import-Export Department) for consideration and resolution./.
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PP. MINISTER
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