Decree No. 128/2024/ND-CP amends and supplements some articles of Decree No. 81/2018/ND-CP dated May 22, 2018, of the Government detailing the Law on Trade regarding trade promotion activities.

DECREE

Amending and supplementing certain Articles of Decree No. 81/2018/NĐ-CP

dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities which have been amended and supplemented by Decree No. 128/2024/NĐ-CP

Law on Commerce regarding trade promotion activities

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Pursuant to the Law on Government Organization dated June 19, 2015 and the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

Pursuant to the Law Commerce July 1914 the 6 years 2005;

At the proposal of the Minister ofThe Government issues this Decree;

The Government promulgates this Decree amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Commerce regarding trade promotion activities.

Article 1. Amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Commerce regarding trade promotion activities

1. Amending Clause 1, Clause 2, Clause 4, and Point a Clause 5 Article 6 as follows:

a) Amend Clause 1 as follows:

"1. The material value used for promotion of a unit of goods or service shall not exceed 50% of the selling price immediately before the promotion period of that unit of goods or service, except in cases where promotion is conducted through forms specified in Clause 8 and Clause 9 Article 92 of the Law on Commerce, Article 8, Clause 2 Article 9, Article 12, Article 13, and Article 14 of this Decree."

b) Amend Clause 2 as follows:

"2. The total value of goods or services used for promotion in a promotional program shall not exceed 50% of the total value of goods or services being promoted, except in cases where promotion is conducted through forms specified in Clause 8 and Clause 9 Article 92 of the Law on Commerce, Article 8 and Clause 2 Article 9 of this Decree."

c) Amending Clause 4 as follows:

"4. In cases where organizing concentrated promotional programs, the maximum limit on the value of goods or services used for promotion is 100%. This maximum limit of 100% also applies to promotional activities within the framework of trade promotion programs and activities decided by the Prime Minister."

d) Amending Point a Clause 5 as follows:

"a) State agencies at central and provincial levels issue decisions to organize and implement concentrated promotional programs aimed at implementing national and local economic development policies with specific goals. The State encourages the organization of concentrated promotional programs. All traders have the right to participate in these programs;"

2. Amending Clause 2 Article 7 as follows:

"2. In cases where organizing concentrated promotional programs as prescribed in Clause 5 Article 6, the maximum discount rate for goods or services being promoted is 100%. This maximum discount rate of 100% also applies to promotional activities within the framework of trade promotion programs and activities decided by"

3. Amending Clause 1, Clause 2, and Point d Clause 3 Article 17 as follows:

a) Amend Clause 1 as follows:

"1. Traders must complete administrative procedures to notify promotional activities to all Departments of Industry and Trade where the promotion will be organized (in the area where the promotion will take place) before implementing the promotional program according to the forms prescribed in Article 12 and Article 14 of this Decree, except for the cases stipulated in Point b and Point c Clause 2 of this Article. Notification documents must be submitted to the Department of Industry and Trade at least three working days prior to the implementation of the promotion (based on the receipt date recorded on the delivery slip or equivalent means in case of postal service submission, based on the receipt date recorded on the acceptance form in case of direct submission, or based on the record date on the system in case of online submission through the public service portal)."

b) Amend Clause 2 as follows:

"2. Cases not required to complete administrative procedures to notify the implementation of promotions:
a) Conducting promotions through forms specified in Clause 8 Article 92 of the Law on Commerce and Articles 8, 9, 10, and 11 of this Decree;
b) Conducting promotions through forms specified in Article 12 and Article 14 of this Decree with a total prize or gift value under VND 100 million;
c) Only conducting promotional programs through forms specified in Article 12 and Article 14 of this Decree for goods or services sold or provided through e-commerce platforms, e-commerce application platforms, online promotion websites, and online promotion applications."

c) Amending Point d Clause 3 as follows:

"d) Submitting one notification document through the National Public Service Portal or the Provincial Administrative Procedure Information System."

4. Amending Point d Clause 2 Article 18 as follows:

"d) Submitting one notification document through the National Public Service Portal or the Provincial Administrative Procedure Information System."

5. Amending Point c Clause 3 Article 19 as follows:

"c) Submitting one registration document through the Ministry of Industry and Trade's Administrative Procedure Information System (in cases implemented across two or more centrally governed cities/provinces) or the Provincial Administrative Procedure Information System (in cases implemented within one centrally governed city/province)."

6. Amending Clause 1 and Point c Clause 2 Article 20 as follows:

a) Amend Clause 1 as follows:

"1. In cases where modifying or supplementing the content of a previously registered promotional program, the trader must complete administrative procedures to register modifications or supplements to the program content with the competent state management agency where the registration was made. The registration document for modifications or supplements includes one document prepared according to Model 06a attached to this Decree."

b) Amending Point c of Clause 2 as follows:

"c) Submitting one registration document through the Ministry of Industry and Trade's Administrative Procedure Information System (in cases implemented across two or more centrally governed cities/provinces) or the Provincial Administrative Procedure Information System (in cases implemented within one centrally governed city/province)."

7. Amending Clause 1 and Clause 2 Article 21 as follows:

a) Amend Clause 1 as follows:

"1. In cases where implementing promotional programs through forms specified in Article 12, Article 13 of this Decree, and other forms specified in Clause 9 Article 92 of the Law on Commerce, the deadline for announcing the results of the draw and awarding prizes of the program shall not exceed 45 days from the end of the promotion period, except in cases of force majeure as prescribed by law."

b) Amend Clause 2 as follows:

"2. Reporting the results of the implementation of the promotional program:
a) Within forty-five days from the expiration date of the award period of the promotional program as prescribed in Article 13 of this Decree and other forms as stipulated in Clause 9, Article 92 of the Law on Trade, the trader implementing the promotional program must submit a written report to the competent state management agency (the place where registration was made and confirmed) regarding the results of the implementation of the promotional program according to Model No. 07 attached hereto. In case fifty percent of the value of the unclaimed prize must be remitted to the State budget, within seven working days from the date of receipt of the trader's report, the state management agency shall issue a decision to collect fifty percent of the announced value of the unclaimed prize of the promotional program according to Model No. 08 attached hereto. Within forty-five days from the date of receipt of the collection decision of the state management agency, the trader is responsible for submitting the amount of fifty percent of the announced value of the unclaimed prize of the promotional program according to the decision. All documents and materials related to the reporting of results and related to the implementation of the promotional program must be stored and kept by the trader in accordance with the provisions of the law to serve inspection, examination, and supervision work.
b) Traders implementing promotions under the forms prescribed in Clause 8, Article 92 of the Law on Trade, Articles 8, 9, 10, 11, 12, and 14 of this Decree are not required to report the results of the promotion.

8. Amend Point c Clause 1 and Point d Clause 4 of Article 32 as follows:

a) Amending point c clause 1 as follows:

"c) Coordinate with the State Treasury at the accounting unit to reconcile the amount of money according to the collection decision and the amount of money already paid into the State budget of fifty percent of the announced value of the unclaimed prize of the promotional program;"

b) Amend Point d Clause 4 as follows:

"d) The Department of Industry and Trade is responsible for assisting the People's Committee of the province to implement the management contents prescribed in Points a, b, and c of this clause and report activities to the People's Committee of the province, the Ministry of Industry and Trade before December 20th each year according to Model No. 15 attached hereto;"

Article 2. Supplement, replace, and abolish some provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade concerning trade promotion activities

1. Replace some phrases in the following articles, clauses, and points:

a) Replace the phrase "postal route" with the phrase "postal service" in Point a Clause 3 Article 17, Point a Clause 2 Article 18, Point a Clause 3 and Clause 6 Article 19, Point a Clause 2 and Clause 3 Article 20, Point a Clause 3 and Clause 4 Article 29, Point a Clause 2 Article 30;

b) Replace the phrase "postal waybill" with the phrase "postal service waybill" in Clause 6 Article 19, Clause 3 Article 20, and Clause 4 Article 29.

2. Supplement and replace some models in the Appendix as follows:

a) Add Model No. 06a "Registration for amendment and supplementation of the content of the promotional program" after Model No. 06;

b) Add Model No. 15 "Report on state management work on trade promotion";

c) Replace Models No. 01, 02, 03, 06, 07, 08, 10, 13, and 14.

3. Abolish the provisions at Point c Clause 3 Article 17, Point c Clause 2 Article 18, Point d Clause 4 Article 19, Point b Clause 5 Article 29, Clause 2 Article 32, and Model No. 09.

Article 3. Implementation Provisions

1. This Decree takes effect from December 1, 2024.

2. Administrative procedures submitted before the effective date of this Decree shall continue to be implemented according to the procedures and regulations stipulated in Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government. For administrative procedures submitted from the effective date of this Decree, they shall be implemented according to the procedures and regulations stipulated in this Decree.

3. The Minister, the Heads of Ministries equivalent to ministries, the Heads of government agencies, the Chairmen of the People's Committees of provinces and centrally-run cities, and relevant agencies, organizations, and individuals are responsible for enforcing this Decree.