Circular No. 05/TM-XNK guiding the implementation of the Regulations on Trade Fairs and Exhibitions

CIRCULAR

OF THE MINISTRY OF TRADE NUMBER 05-TM-XNK DATED FEBRUARY 25, 1995 GUIDING

IMPLEMENTATION OF THE REGULATIONS ON FAIRS AND COMMERCE EXHIBITIONS

Pursuant to Decree No. 95/CP dated December 4, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

Pursuant to Decision No. 390/TTg dated August 1, 1994 of the Prime Minister promulgating the Regulations on fairs and commerce exhibitions,

The Minister of Trade guides the implementation of the Regulations on fairs and commerce exhibitions as follows:

Part One:

AUTHORITY TO PERMIT THE ORGANIZATION OF FAIRS AND COMMERCE EXHIBITIONS

1 - The Ministry of Trade permits the organization of the following fairs and commerce exhibitions:

1.1 - Fairs and commerce exhibitions organized by Vietnamese enterprises within the country and abroad including:

a - National fairs and commerce exhibitions,

b - Regional or inter-sectoral fairs and commerce exhibitions,

c - Fairs and commerce exhibitions with participation of foreign enterprises or international organizations,

d - Fairs and commerce exhibitions organized by Vietnamese enterprises abroad.

1.2 - Fairs and commerce exhibitions organized by foreign enterprises or international organizations in Vietnam.

Fairs and commerce exhibitions specified in points 1.1c, 1.1d, and 1.2 are referred to as international fairs and commerce exhibitions.

2 - The Ministry of Trade delegates the Department of Trade at the location where the fair or commerce exhibition is held to permit the organization of local fairs and commerce exhibitions (province-level or centrally-administered city - hereinafter referred to as province) without participation of foreign enterprises or international organizations.

3 - Specialized fairs and commerce exhibitions (without participation of foreign enterprises or international organizations) initiated by a ministry or provincial People's Committee shall be permitted by that ministry or provincial People's Committee.

4 - Procedure for approval of plans to organize fairs and commerce exhibitions: Annually in the third quarter, enterprises engaged in fair and commerce exhibition services submit comprehensive plans (according to Form No. 3 attached) to the Ministry of Trade (for fairs and commerce exhibitions approved by the Ministry of Trade or the Department of Trade). The Ministry of Trade or the Department of Trade approves the plan in the fourth quarter.

5 - In cases requiring additional plans beyond those approved, enterprises engaged in fair and commerce exhibition services submit applications for supplementary review to the Ministry of Trade, including:

- Application for organizing a fair or commerce exhibition (according to Form No. 4 attached).

- Cooperation contracts (with foreign enterprises or international organizations) for fair and commerce exhibition services (if applicable).

- Documents from the provincial People's Committee regarding the location of the fair or commerce exhibition.

Within fifteen days from receipt of complete files, the Ministry of Trade will issue a response to the enterprise.

Part Two:

ENTERPRISES ENGAGED IN FAIR AND COMMERCE EXHIBITION SERVICES

1 - Engaging in fair and commerce exhibition services is an activity of enterprises aimed at organizing fairs and commerce exhibitions, including: conducting transactions, negotiating, signing service contracts for fairs and commerce exhibitions with domestic and/or foreign customers; and implementing signed contracts (advertising, inviting guests, designing, renting booths, handling goods procedures, displaying products, holding specialized seminars during fairs and exhibitions, interpreting, and other related activities to fairs and commerce exhibitions).

2 - Enterprises engaged in fair and commerce exhibition services as mentioned in point 1/Part I must have a business license for fair and commerce exhibition services issued by the Ministry of Trade.

The conditions for obtaining a business license for trade fair and exhibition services include:

a. A business established in accordance with Vietnamese laws, with purposes or industries suitable for organizing trade fairs and exhibitions (taking the organization of trade fairs and exhibitions as its business object).

b. Having sufficient material and technical means to organize trade fairs and exhibitions.

c. Having an organizational structure and a professional staff capable of meeting the requirements of trade fair and exhibition service operations.

3 - Businesses that meet all the conditions specified in point 2/ Part Two and have a need to operate trade fair and exhibition services must submit to the Ministry of Trade the following documents:

- An application form (according to attached Form No. 1).

- Business registration certificate (certified copy).

- Confirmation letter from the competent authority (issued by the Ministry or Provincial People's Committee) stating that the business meets the conditions specified in clauses b and c of point 2/ Part Two.

4 - Businesses that do not meet the conditions specified in point 2/ Part Two may be permitted by the Ministry of Trade (on a case-by-case basis) to organize specialized trade fairs and exhibitions if approved by the competent authority at the Ministry level or Provincial People's Committee. In this case, the business must submit to the Ministry of Trade:

- An application form (according to attached Form No. 2),

- Business registration certificate (certified copy).

5 - Within thirty days from the date of receipt of a complete set of valid documents, the Ministry of Trade will issue a response document to the business.

6 - Foreign businesses or international organizations wishing to organize trade fairs and exhibitions in Vietnam must enter into a cooperation agreement for trade fair and exhibition services with a Vietnamese business that has been granted a business license for such services by the Ministry of Trade.

7 - Domestic and foreign organizations and individuals wishing to participate in trade fairs and exhibitions must sign contracts with businesses holding a business license for trade fair and exhibition services to rent booths, display areas, storage facilities, and handle goods procedures.

Part III:

REGULATIONS ON ITEMS FOR TRADE FAIRS AND EXHIBITIONS.

1. Items imported from abroad:

- Not prohibited items for import.

- Not counterfeit items.

- Quantity and quality of items:

+ For exhibitions: only enough to representatively display; product quality must be high, machinery and equipment must be modern, technology must be advanced.

+ For trade fairs: the Ministry of Trade approves the type and quantity of items.

- Items used by foreigners during the trade fair and exhibition according to the regulations of the General Department of Customs.

- Items for gifts, advertising, introduction, and souvenirs sales according to the regulations of the Ministry of Finance and the General Department of Customs.

- After the conclusion of the trade fair and exhibition, all displayed items and unused personal items must be re-exported within a maximum period of thirty days from the end date of the trade fair and exhibition (except for items mentioned in point 1/ Part Four). If the re-exportation is not completed within the prescribed time limit and there is no extension document from the Ministry of Trade, the customs authority will record the violation and handle it according to the Customs Law.

2. Domestic products for display at trade fairs and exhibitions in Vietnam:

- Not prohibited items for circulation.

- Not counterfeit items.

- Products with clear production addresses, measurement standards, and product labels.

3. Items exported abroad for trade fairs and exhibitions:

Businesses participating in or organizing trade fairs and exhibitions abroad are allowed to export goods under the following conditions:

- Prohibited from exporting items banned for import.

- Fulfill tax obligations as stipulated by law. In cases where goods are re-imported to Vietnam after the conclusion of the trade fair and exhibition, they are exempt from import duties and refunded export duties.

- Items for gifts, advertising, introduction, and souvenir sales at trade fairs and exhibitions according to the regulations of the Ministry of Finance.

4. Procedures for importing and exporting items for trade fairs and exhibitions

4.1. Based on the plan for organizing trade fairs and exhibitions approved by the Ministry of Trade or the Department of Trade as specified in points 4 and 5/ Part One, if there are imported goods brought by businesses operating trade fair and exhibition services, they must bring relevant documents about the goods (B/L, packing list, invoice) to the Customs for procedures according to current Customs regulations. Imported goods for trade fairs and exhibitions in Vietnam must be under Customs supervision and management from the first port of entry until the final port of exit.

4.2. Based on the permit document from the Ministry of Trade, businesses participating in or organizing trade fairs and exhibitions abroad must follow the current export procedures at the Customs.

PART FOUR:

REGULATIONS ON SALES DURING AND AFTER TRADE FAIRS AND EXHIBITIONS.

1. Goods temporarily imported into Vietnam for trade fairs and exhibitions but not re-exported and sold in the domestic market must comply with the following regulations:

1.1. Sales of goods subject to state management through quotas or planned guidance must be approved by the Ministry of Trade with a written approval.

1.2. Sales of goods managed by specialized agencies (as specified in the list) must be approved by the relevant specialized management agencies with a written approval.

1.3. Transactions, negotiations, signing and implementing contracts, as well as fulfilling tax obligations, must comply with current regulations.

2. Sales of goods at trade fairs and exhibitions abroad must comply with the laws of the host country.

Part Five:

OTHER PROVISIONS

1. Reporting System

1.1. After each trade fair or exhibition, the enterprise organizing the trade fair or exhibition must summarize and evaluate the results and submit a report to the authority that granted permission for the trade fair or exhibition and relevant authorities.

1.2. Annually, no later than December 31, enterprises engaged in trade fair and exhibition services must submit a report on the situation and results of their activities for the year to the authority that granted permission for the trade fair or exhibition and relevant authorities.

2. Handling Violations:

Any violations of the regulations set forth in the Trade Fair and Exhibition Regulations issued together with Decision No. 390/TTg dated August 1, 1994, and in this Circular shall be handled according to the current laws of Vietnam.

FORM NO. 1

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Number /TM-XNK

...Date... Month... Year 1994

Respectfully submitted to:...(2)

Application for Engaging in Trade Fair and Exhibition Services

1. Enterprise name...

Trading name...- Abbreviation...

2. Address...

Telephone...- Fax...

3. Foreign Currency Account

Number...- At...

4. Vietnamese Dong Account

Number...- At...

5. Establishment Decision or License...- Number.../..., Date.../199...,

3 - Name of Trade Fair, Exhibition...

4 - Theme...- Scale...

5 - Venue...- Date...

- Issuing Authority...

6 - Business Registration Certificate...- Number.../..., Date.../199...,

- Issuing Authority...

7 - Scope of Business...

8 - Administrative Supervisor (Ministry Level or Provincial People's Committee) confirms that the enterprise has sufficient management personnel, material and technical means, and (Signature and Seal)

specialized staff to organize trade fairs and exhibitions.

For enterprises without a business license for trade fair and exhibition services.

Respectfully submitted to: ...(2)

Application for Organizing Trade Fairs and Exhibitions
(Signature and Seal)

FORM 2

1 - Enterprise name...

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

..., day month year 199

- Trading name...

- Fax...

2 - Address...

- Telephone...- Fax...

3 - Foreign Currency Account

- Number...- At...

4 - Vietnamese Dong Account

5 - Establishment Decision or License...- Number.../..., Date.../199..,

6 - Business Registration Certificate...- Number.../..., Date.../199..,

7 - Scope of Business...

6 - Business Registration Certificate...- Number.../..., Date.../199..,

8 - Name of Trade Fair, Exhibition...

- Issuing Authority...

9 - Theme...

10 - Scale...

11 - Venue...

12 - Date...

13 - Name and address of foreign partner cooperating in organization (if any)...

14 - Contract with foreign partner regarding cooperation in trade fair and exhibition services number.../..., Date.../199

Administrative Supervisor (Ministry Level or Provincial People's Committee) confirms the enterprise has sufficient management personnel, material and technical means, and (Signs and Stamps)

Number /TM-XNK ..., Date Month Year 199

.............................................................

Plan for Trade Fairs and Exhibitions in 199..

- Trading name...- Abbreviation...

specialized staff to organize trade fairs and exhibitions.

2 - Address...- Telephone...- Fax...

Respectfully submitted to: ...(2)

Application for Organizing Trade Fairs and Exhibitions

(Signature and Seal)

MODEL NO. 3

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Name of

- Trading name...

Trade Fair or

2 - Address...

Exhibition

Theme

Trade Fair or Exhibition

organized abroad

Administrative Supervisor (Ministry Level, Provincial People's Committee) Director

1 -..........

2 - .........

3 - .........

4 - .........

5 -............

6 -............

7 -............

8 -............

confirms and requests approval from the Ministry of Commerce (Signs and Stamps)

For enterprises requiring additional plans within the year

..., Date... Month... Year 199...

1 -..............

2 -..............

3 -..............

4 -..............

1 - Enterprise name...

- Trading name...- Abbreviation...

(Signature and stamp)

MODEL NO. 4

2 - Address...- Telephone...

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

6 - Name and address of foreign partner cooperating in organization (if any)...

Respectfully submitted to:...(2)

- Fax...

7 - Contract signed with foreign partner regarding cooperation in trade fair and exhibition services number.../..., Date.../199..

Administrative Supervisor confirms the enterprise has sufficient management personnel, material and technical means, and (Signs and Stamps)

2 - Address... - Telephone...

3 - Foreign Currency Account

3 - Name of Trade Fair, Exhibition...

4 - Theme...- Scale...

5 - Venue...- Date...

6 - Name and address of foreign partner collaborating to organize (if any)...

7 - Business cooperation contract signed with foreign partner on organizing trade fair exhibitions number.../..., dated ../../199..

- Trading name...- Abbreviation...

specialized staff to organize trade fairs and exhibitions.

material means, technical equipment and (Signature and seal)

Respectfully submitted to: ...(2)

Application for Organizing Trade Fairs and Exhibitions
(Signature and Seal)