Decree No. 239/2026/ND-CP amends and supplements certain articles of Decree No. 81/2018/ND-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/ND-CP dated October 10, 2024, of the Government.

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

dated October 10, 2024 of the Government

dated October 10, 2024 of the Government

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Trade No. 36/2005/QH11;

Pursuant to the Law on Local Administration Organization No. 72/2025/QH15;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this 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 dated October 10, 2024 of the Government. Article 1. Amending and supplementing Article 5 of Decree No. 81/2018/NĐ-CP

"Article 5. Goods and services for promotion, goods and services used for promotion shall be carried out in accordance with the provisions of the Law on Trade and the following provisions:

1. Goods and services for promotion and goods and services used for promotion do not include alcohol, lottery, tobacco, milk substitutes for breast milk, prescription drugs (except in cases of promoting to drug traders), medical examination and treatment services of public health facilities, educational services of public institutions, public vocational education and training institutions, goods and services prohibited from circulation in Vietnam, and goods and services prohibited from promotion under Article 100 of the Law on Trade.

2. Money can be used as goods or services for promotion except in cases of promotion as provided for in Articles 8, 10, and 11 of this Decree."

1. Goods and services subject to promotion and used for promotional purposes shall not include alcohol, lottery tickets, tobacco, milk substitutes for breast milk, prescription drugs (except in cases of promotions for drug traders), medical examination and treatment services provided by public health facilities, educational services provided by public educational institutions, public vocational education and training institutions, goods and services prohibited from circulation in Vietnam, and goods and services prohibited from promotion as stipulated in Article 100 of the Trade Law.

"1. Purchase vouchers and service usage vouchers attached to sold goods or provided services are vouchers for purchasing goods or receiving service provision from the same trader or for purchasing goods or receiving service provision from other traders or organizations. The trader or organization issuing and the trader using purchase vouchers and service usage vouchers to carry out promotions under this Article must bear full responsibility and comply with the regulations on anti-money laundering."

Article 3. Amending and supplementing Clause 1 and Clause 5 of Article 13 of Decree No. 81/2018/NĐ-CP

"1. Purchase vouchers and service usage vouchers attached to sold goods or provided services are vouchers for purchasing goods or receiving service provision from that trader or for purchasing goods or receiving service provision from other traders or organizations. The trader or organization issuing and using purchase vouchers and service usage vouchers to implement promotions under this Article shall be fully responsible and comply with the legal provisions on anti-money laundering."

"1. Determination of winners in promotional programs based on chance must be organized publicly, according to the rules announced, with direct or online witness of customers and must be recorded in a protocol."

2. Amending and supplementing Clause 5 as follows:

"1. Determination of winning prizes in promotional programs involving chance must be conducted publicly, according to the rules already announced, with direct or online witness from customers, and must be recorded in a protocol."

Article 4. Amending and supplementing Clause 1, Clause 2, and Clause 3 of Article 17 of Decree No. 81/2018/NĐ-CP which has been amended and supplemented by Clause 3 of Article 1 of Decree No. 128/2024/NĐ-CP

"5. Unclaimed prizes in promotional programs involving chance as stipulated in Clause 4 of this Article are the remaining prizes at the end of the award period, except in cases where the awarding exceeds the end of the award period due to force majeure events or objective obstacles as prescribed by law."

2. Amending Clause 2 as follows:

2. Amending and supplementing Clause 5 as follows:

"1. Traders must complete administrative procedures to notify promotional activities to all Departments of Industry and Trade where the promotion is organized (in the area where the promotion is implemented) before implementing the promotional program in accordance with the form prescribed in Article 12 of this Decree, except for the cases specified in point b and point c of Clause 2 of this Article. The notification dossier must be sent to the Department of Industry and Trade at least three working days prior to the implementation of the promotion (based on the receipt date noted on the postal consignment note or equivalent forms in case of sending through postal services or based on the system record date in case of submission via the National Public Service Portal)."

a) Implementing promotions in the forms prescribed in Clause 8 of Article 92 of the Law on Trade and Articles 8, 9, 10, 11, and 14 of this Decree;

b) Implementing promotions in the forms prescribed in Article 12 of this Decree with a total value of prizes and gifts below VND 100 million;

c) Only implementing promotional programs in the form prescribed in Article 12 of this Decree for goods and services sold or provided through e-commerce platforms, e-commerce application platforms, online promotion websites, and online promotion applications."

3. Amending Clause 3 as follows:

c) Only implement promotional programs in accordance with the promotional methods prescribed in Article 12 of this Decree for goods and services sold or provided through e-commerce platforms, e-commerce application platforms, online promotion websites, and online promotion applications."

a) Through universal postal services, through hiring services of enterprises or individuals, or through delegation in accordance with the law;

b) Online at the National Public Service Portal."

a) Through universal postal services, by leasing services from enterprises or individuals, or by delegation in accordance with the provisions of the law;"

b) Online at the National Public Service Portal."

Article 5. Amend and supplement Clause 2 of Article 18 of Decree No. 81/2018/ND-CP

"2. The business entity may choose one of the following methods to notify:"

a) Through universal postal services, by leasing services from enterprises or individuals, or by delegation in accordance with the provisions of the law;"

b) Online at the National Public Service Portal."

Article 6. Amend and supplement Clause 3 of Article 19 of Decree No. 81/2018/ND-CP

"3. The business entity may choose one of the following methods to register:"

a) Through universal postal services, by leasing services from enterprises or individuals, or by delegation in accordance with the provisions of the law;"

b) Online at the National Public Service Portal."

Article 7. Amend and supplement Clause 2 and Clause 3 of Article 20 of Decree No. 81/2018/ND-CP

1. Amend Clause 2 as follows:

"2. The business entity may choose one of the following methods to register:"

a) Through universal postal services, by leasing services from enterprises or individuals, or by delegation in accordance with the provisions of the law;"

b) Online at the National Public Service Portal."

2. Amend Clause 3 as follows:

"Within four working days from the date of receipt of the dossier (based on the receipt date noted on the postal consignment note or equivalent forms in case of sending through postal services or based on the system record date in case of submission via the National Public Service Portal), the competent state management agency on trade shall examine and respond in writing to confirm or not confirm the registration for modification or supplementation of the content of the promotional program by the trader; in case of non-confirmation, the reasons must be clearly stated in accordance with the provisions of the law."

Article 8. Amend and supplement Point b of Clause 2, Clause 3, Clause 7, Clause 8, and Clause 9 of Article 29 of Decree No. 81/2018/ND-CP

1. Amend and supplement Point b of Clause 2 as follows:

"b) Provincial People's Committee for trade fairs and exhibitions abroad."

2. Amend and supplement Clause 3 as follows:

"3. The business entity may choose one of the following methods to register:"

a) Through universal postal services, by leasing services from enterprises or individuals, or by delegation in accordance with the provisions of the law;"

b) Online at the National Public Service Portal."

3. Amend and supplement Clause 7 as follows:

"7. The competent state management agency shall respond in writing to confirm or not confirm the registration for organizing trade fairs and exhibitions within five working days from the date of receipt of the full dossier. In case of non-confirmation, the competent state management agency must clearly state the reasons. The confirmation or non-confirmation content shall be carried out according to Model No. 11 or Model No. 12 in the Appendix issued together with this Decree. The competent state management agency shall be responsible for sending an electronic copy of the confirmation registration document for organizing trade fairs and exhibitions abroad to the General Department of Customs, the General Department of Immigration, local police agencies, and diplomatic missions of Vietnam in the location where the trade fair or exhibition is organized."

4. Amend and supplement Clause 8 as follows:

"8. In cases where two or more traders or organizations related to trade register to organize trade fairs and exhibitions in Vietnam with the same name, theme, time, and location, the competent state management agency shall organize negotiations to select the trader or organization related to trade that will be allowed to organize the trade fair or exhibition."

5. Amend and supplement Clause 9 as follows:

"9. In cases where negotiations do not reach an agreement, the competent state management agency shall decide to confirm the registration for one trader or organization related to trade to organize the trade fair or exhibition in Vietnam based on the following grounds:"

a) Results of similar trade fairs and exhibitions previously organized;

b) Organizing capacity for trade fairs and exhibitions;

c) Experience in organizing trade fairs and exhibitions with the same name, theme, or similar trade fairs and exhibitions;

d) Evaluation by relevant industry associations."

Article 9. Amend and supplement Clause 2 and Clause 3 of Article 30 of Decree No. 81/2018/NĐ-CP

1. Amend and supplement Clause 2 as follows:

“2. The business entity may choose one of the following methods to register for amendment and supplementation:

a) Through universal postal services, by leasing services from enterprises or individuals, or by delegation in accordance with the provisions of the law;"

b) Online at the National Public Service Portal."

2. Amend and supplement Clause 3 as follows:

"3. The competent state management agency shall confirm or not confirm in writing the registration for modification or supplementation of the content of organizing trade fairs and exhibitions within five working days from the date of receipt of the full dossier. In case of non-confirmation, the competent state management agency must clearly state the reasons. The confirmation or non-confirmation content shall be carried out according to Model No. 11 or Model No. 12 in the Appendix issued together with this Decree."

Article 10. Amend and supplement Point b of Clause 1 and Point b of Clause 4 of Article 32 of Decree No. 81/2018/NĐ-CP

1. Amend and supplement Point b of Clause 1 as follows:

"Specialized inspection, supervision of the implementation of laws on trade promotion by traders and organizations related to trade, and administrative penalties for violations of the law by traders and organizations related to trade in accordance with the provisions of the law; specific maximum limits on the value of goods and services used for promotion and the maximum discount rate for promoted goods and services that traders can implement in promotional activities;"

2. Amend and supplement Point b of Clause 4 as follows:

"b) Inspect, examine, supervise the implementation of laws on trade promotion by traders and organizations related to trade; impose administrative penalties for violations of the law by traders and organizations related to trade according to the provisions of the law; strictly handle violations in promotional activities conducted through price reductions when performing assigned tasks, upon discovery, or upon receipt of complaints;"

Article 11. Repeal and replace certain provisions of Decree No. 81/2018/NĐ-CP amended and supplemented by Decree No. 128/2024/NĐ-CP dated October 10 2024 of the Government

1. Repeal Article 6 and Article 7 of Decree No. 81/2018/NĐ-CP amended and supplemented according to Point a and Point b of Clause 1, Clause 2 of Article 1 of Decree No. 128/2024/NĐ-CP.

2. Repeal Clause 5 of Article 10 and Point c of Clause 4 of Article 19 of Decree No. 81/2018/NĐ-CP.

3. Replace Model No. 03, Model No. 08, Model No. 11, Model No. 12, Model No. 13, and Model No. 14 attached to Decree No. 81/2018/NĐ-CP, which has been amended and supplemented by Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government.

Article 12. Implementation Provisions

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

2. Repeal Article 14 of Section 2 Chapter IV of Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government stipulating decentralization and delegation of authority in the field of industry and trade.

3. The Minister, Head of ministerial-level agencies, Chairman of provincial People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decree.

Article 13. Transitional Provisions

1. Legitimate files submitted before the effective date of this Decree shall continue to be processed according to the procedures and formalities stipulated in 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 dated October 10, 2024 of the Government, and Resolution No. 19/2026/NQ-CP dated April 29, 2026 of the Government reducing, decentralizing, and simplifying administrative procedures and business conditions under the management of the Ministry of Industry and Trade. For files submitted for administrative procedures from the effective date of this Decree onwards, they shall be processed according to the procedures and formalities stipulated in this Decree.

2. Unclaimed prizes of promotional programs with a chance element as prescribed in Article 13 of Decree No. 81/2018/NĐ-CP, which have been registered and confirmed by competent state management agencies before the effective date of this Decree, shall be implemented according to the provisions of Decree No. 81/2018/NĐ-CP. For unclaimed prizes of promotional programs with a chance element as prescribed in Article 13 of Decree No. 81/2018/NĐ-CP, which have been registered and confirmed by competent state management agencies after the effective date of this Decree, they shall be implemented according to the provisions of this Decree.