Circular No. 18/2001/TT-BTM guides the implementation of trade fair and exhibition activities as stipulated in Decree No. 32/1999/NĐ-CP dated May 5, 1999 of the Government on promotion, commercial advertising, and trade fairs and exhibitions.

CIRCULAR

Guidelines for implementing trade fair and exhibition activities as stipulated in Decree No. 32/1999/NĐ-CP dated May 5, 1999 of the Government on promotion, commercial advertising, and trade fairs and exhibitions

Pursuant to Decree No. 32/1999/NĐ-CP dated May 5, 1999 of the Government on promotion, commercial advertising, and trade fairs and exhibitions, hereinafter referred to as Decree No. 32/1999/NĐ-CP;

After exchanging opinions with relevant agencies and receiving approval from the Prime Minister (document No. 501/CP-KTTH dated June 8, 2001 of the Government regarding guidelines for Decree No. 32/1999/NĐ-CP), the Ministry of Trade provides specific guidance on trade fair and exhibition activities to be implemented uniformly as follows:

I. RIGHTS TO ORGANIZE AND PARTICIPATE IN TRADE FAIRS AND EXHIBITIONS

1. Business entities engaged in trade fair and exhibition services (Vietnamese business entities, foreign-invested enterprises in Vietnam, branches of Vietnamese business entities, branches of foreign business entities in Vietnam) have the right to organize or participate in trade fairs and exhibitions in Vietnam or abroad when meeting the following conditions:

a) Being a business entity established in accordance with the law;

b) Business registration certificate of the business entity or Investment License for foreign-invested enterprises in Vietnam; Establishment Permit for branches of foreign business entities in Vietnam, with the business scope including trade fair and exhibition services.

2. Business entities not engaged in trade fair and exhibition services (Vietnamese business entities, foreign-invested enterprises in Vietnam, branches of Vietnamese business entities, branches of foreign business entities in Vietnam) within their business scope may organize or participate in trade fairs and exhibitions in Vietnam or abroad themselves or hire business entities engaged in trade fair and exhibition services to do so.

3. Foreign businesses have the right to participate in trade fairs and exhibitions in Vietnam.

4. Representative offices of Vietnamese business entities, foreign-invested enterprises in Vietnam, and foreign business entities in Vietnam may directly organize or participate in trade fairs and exhibitions in Vietnam concerning goods and services that the business entity operates, upon authorization from the business entity.

II. GOODS PARTICIPATING IN TRADE FAIRS AND EXHIBITIONS

1. Goods produced in Vietnam, goods legally imported into Vietnam

a) All types of goods, except those listed in the Catalogue of Prohibited Circulation Goods and the Catalogue of Prohibited Import Goods as prescribed by law, are eligible to participate in trade fairs and exhibitions.

b) Goods participating in trade fairs and exhibitions according to point a of this Section must comply with the provisions of law on product labeling when participating in trade fairs and exhibitions.

2. Goods temporarily imported for participation in trade fairs and exhibitions in Vietnam

a) All types of goods, except those listed in the Catalogue of Prohibited Import Goods and the Catalogue of Prohibited Circulation Goods as prescribed by law, are eligible for temporary importation for participation in trade fairs and exhibitions in Vietnam.

b) Goods subject to specialized management for temporary importation for participation in trade fairs and exhibitions shall be carried out in accordance with the regulations of the specialized management ministry.

c) Regarding the quantity of goods temporarily imported for participation in trade fairs and exhibitions, the business entity only needs to declare when processing temporary import procedures at the customs office without needing approval from the Ministry of Trade.

d) Goods temporarily imported for participation in trade fairs and exhibitions must be re-exported within thirty days from the end date of the trade fair or exhibition. If not re-exported within the said period, the business entity must submit a written request for extension to the Department of Trade where the trade fair or exhibition is organized before the deadline expires. The extension period for each time cannot exceed thirty days from the expiration date and cannot be extended more than three times.

In case the three extensions have expired and the business entity has still not re-exported the goods, the business entity must submit a written request for extension to the Ministry of Trade. Within five working days from the date of receipt of the business entity's request for extension, the competent authority is responsible for replying in writing to the business entity whether to approve or disapprove (with clear reasons stated), and simultaneously sending the reply to the customs office where the business entity processed the temporary import procedures.

3. Goods temporarily exported for participation in trade fairs and exhibitions abroad.

All types of goods, except those listed in the Catalogue of Prohibited Export Goods as prescribed by law, are eligible for temporary export for participation in trade fairs and exhibitions abroad and can be re-imported after the conclusion of the trade fair or exhibition.

Goods listed in the Catalogue of Prohibited Export Goods may only be temporarily exported for participation in trade fairs and exhibitions abroad with written approval from the Prime Minister.

The temporary export period for goods to participate in trade fairs and exhibitions abroad is one year from the date of temporary export. If not re-imported within the above period, such goods will be subject to taxes and other financial obligations (if any) as prescribed by Vietnamese law.

III. SALE OF GOODS PARTICIPATING IN TRADE FAIRS AND EXHIBITIONS

1. Sale of goods temporarily imported for participation in trade fairs and exhibitions in Vietnam

a) Goods temporarily imported for participation in trade fairs and exhibitions in Vietnam are permitted to be sold during and after the organization of the trade fair or exhibition.

For goods listed in the Catalogue of Import Goods under the Import License of the Ministry of Trade, they can only be sold after written approval from the Ministry of Trade. Within five working days from the date of receipt of the business entity's request, the Ministry of Trade is responsible for replying to the business entity whether to approve or disapprove (with clear reasons stated), and simultaneously sending the reply to the customs office where the business entity processed the temporary import procedures for the basis to process monitoring and settlement procedures.

For goods listed in the Catalogue of Import Goods Subject to Specialized Management, except for goods that have not been legally circulated in Vietnam and must be re-exported, other goods may be sold without the written approval of the Ministry of Trade.

b) Goods temporarily imported for participation in trade fairs and exhibitions may be sold, given away, or presented as gifts during and after the period of the fair or exhibition, subject to taxes and other financial obligations as prescribed by Vietnamese law.

2. Sale of goods temporarily exported for participation in trade fairs and exhibitions abroad.

Goods temporarily exported for participation in trade fairs and exhibitions abroad, if sold abroad, shall be subject to taxes and other financial obligations (if any) as prescribed by Vietnamese law.

IV. PROCEDURES FOR ORGANIZING AND PARTICIPATING IN TRADE FAIRS AND EXHIBITIONS

1. Organizing and participating in trade fairs and exhibitions in Vietnam

a) Merchants engaged in trade fair and exhibition services only need to submit a Registration Form for the annual plan to organize trade fairs and exhibitions according to the guidance provided in Section 3 of this Part to the Department of Commerce at the location of the fair or exhibition before October 1st of the year preceding the planned year.

The Department of Commerce will send a confirmation letter or a non-confirmation letter (with clear reasons stated) regarding the registration of the annual plan to organize trade fairs and exhibitions to the merchant no later than November 1st of the year preceding the planned year.

In case of changes to the theme, time of organization, or additional number of trade fairs and exhibitions compared to the confirmed plan, the merchant must submit a Supplementary Registration Form to the Department of Commerce of the province or city where the fair or exhibition is organized no later than thirty days before the opening date of the fair or exhibition.

The Department of Commerce will send a confirmation letter or a non-confirmation letter (with clear reasons stated) regarding the change or addition mentioned above to the merchant within five working days from the date of receipt of the Supplementary Registration Form.

In case there is no organization of a fair or exhibition or changes in scale or goods participating in the fair or exhibition compared to the confirmed plan, the merchant only needs to notify the Department of Commerce where the plan to organize the fair or exhibition was registered no later than ten days before the opening date of the fair or exhibition.

b) Merchants not engaged in trade fair and exhibition services who organize their own trade fairs and exhibitions only need to submit a Registration Form according to the guidance provided in Section 3 of this Part to the Department of Commerce of the province or city where the fair or exhibition is organized no later than thirty days before the opening date of the fair or exhibition.

The Department of Commerce will send a confirmation letter or a non-confirmation letter (with clear reasons stated) regarding the registration of the organization of trade fairs and exhibitions to the merchant within five working days from the date of receipt of the Registration Form.

In case of changes to the content of the trade fairs and exhibitions already confirmed, the merchant must notify the Department of Commerce of the province or city where the fair or exhibition is organized no later than five days before the opening date of the fair or exhibition.

c) Foreign merchants organizing trade fairs and exhibitions in Vietnam must hire domestic merchants engaged in trade fair and exhibition services to carry out such activities.

Domestic merchants hired by foreign merchants to organize trade fairs and exhibitions must submit a Registration Form for the organization of trade fairs and exhibitions according to the guidance provided in Section 3 of this Part to the Department of Commerce of the province or city where the fair or exhibition is organized no later than thirty days before the opening date of the fair or exhibition.

The Department of Commerce will send a confirmation letter or a non-confirmation letter (with clear reasons stated) regarding the registration of the organization of trade fairs and exhibitions to the domestic merchant engaged in trade fair and exhibition services within five working days from the date of receipt of the Registration Form.

In case there is no organization or changes to the content of the trade fairs and exhibitions already confirmed, the merchant must notify the Department of Commerce of the province or city where the fair or exhibition is organized no later than five days before the opening date of the fair or exhibition.

2. Organizing and participating in trade fairs and exhibitions abroad

a) Merchants engaged in trade fair and exhibition services who organize or participate in trade fairs and exhibitions abroad must submit a Registration Form for the annual plan according to the guidance provided in Section 3 of this Part to the Ministry of Trade no later than October 1st of the year preceding the planned year.

The Ministry of Trade will send a confirmation letter or a non-confirmation letter (with clear reasons stated) regarding the registration of the plan to organize or participate in trade fairs and exhibitions abroad to the merchant no later than November 1st of the year preceding the planned year.

In case of additional number of trade fairs and exhibitions compared to the confirmed plan, the merchant must submit a Supplementary Registration Form to the Ministry of Trade no later than thirty days before the opening date of the fair or exhibition. The Ministry of Trade will send a confirmation letter or a non-confirmation letter (with clear reasons stated) regarding the supplementary plan already registered to the merchant within five working days from the date of receipt of the Supplementary Registration Form.

In case there is no organization of a fair or exhibition or changes in content of the fair or exhibition compared to the confirmed plan, the merchant only needs to notify the Ministry of Trade no later than fifteen days before the opening date of the fair or exhibition.

b) Merchants not engaged in trade fair and exhibition services who organize or directly participate in trade fairs and exhibitions abroad only need to submit a Registration Form according to the guidance provided in Section 3 of this Part to the Ministry of Trade no later than thirty days before the opening date of the fair or exhibition.

The Ministry of Trade will send a confirmation letter or a non-confirmation letter (with clear reasons stated) regarding the registration of the organization or participation in trade fairs and exhibitions abroad to the merchant within five working days from the date of receipt of the Registration Form.

In case of changes to the content of the trade fairs and exhibitions already confirmed, the merchant must notify the Ministry of Trade no later than fifteen days before the opening date of the fair or exhibition.

3. Contents of the Registration for Organizing Trade Fairs and Exhibitions

a) Name and address of the trader;

b) Theme of the trade fair or exhibition; scale of organizing or participating in the trade fair or exhibition;

c) Goods expected to participate in the trade fair or exhibition;

d) Time and location of organizing the trade fair or exhibition.

V. IMPLEMENTATION AND HANDLING OF VIOLATIONS

1. Within no more than thirty (30) days from the end date of the trade fair or exhibition, the trader who registered to organize or participate in the trade fair or exhibition must submit a report to the registration confirmation authority.

The main contents of the report include:

- Implementation of the registered contents;

- Results of organizing or participating in the trade fair or exhibition, including sales revenue and number of contracts signed.

- Specific recommendations (if any).

2. Traders who violate the provisions of Decree No. 32/1999/NĐ-CP and this Circular, depending on the level of violation, shall be handled according to the provisions of the law.

3. This Circular takes effect fifteen (15) days from the date of signature and replaces Circular No. 05-TM/XNK dated February 25, 1995 of the Ministry of Commerce guiding the implementation of the Regulations on Trade Fairs and Exhibitions.