Consolidated Document number 26/VBHN-BCT Decree detailing the Trade Law on trade promotion activities

Decree number 26/VBHN-BCT details the Trade Law on trade promotion activities, including promotions and trade fairs, exhibitions. It applies to traders conducting promotions, organizing trade fairs, exhibitions, and related organizations and individuals. The Decree stipulates principles, procedures, value limits, timeframes, and responsibilities of parties involved in trade promotion activities.

文号26/VBHN-BCT
文件类型Consolidated Document
发布机关Ministry of Industry and Trade
更新23/06/2026
领域Uncategorized
发布日期24/10/2024
生效日期24/10/2024
失效日期
状态In effect
✦ 智能摘要

Decree number 26/VBHN-BCT details the Trade Law on trade promotion activities, including promotions and trade fairs, exhibitions. It applies to traders conducting promotions, organizing trade fairs, exhibitions, and related organizations and individuals. The Decree stipulates principles, procedures, value limits, timeframes, and responsibilities of parties involved in trade promotion activities.

适用范围

Traders conducting promotions, organizing trade fairs, exhibitions; organizations and individuals related to trade.

要点

  • Traders conducting promotions must comply with the principles of legality, transparency, and ensuring consumer rights (Article 3).
  • The limit on the value of goods and services used for promotions shall not exceed 50% of the selling price immediately before the promotion period (Article 6).
  • The maximum discount rate for goods and services during promotions shall not exceed 50% of their selling price immediately before the promotion period (Article 7).
  • Traders organizing trade fairs, exhibitions must register and comply with regulations regarding content, timing, location, and responsibility for handling complaints (Article 29).
  • Competent state management agencies shall confirm or reject registration for organizing trade fairs, exhibitions within seven working days (Article 31).

🌐 本文件的社会影响

  • Positive impact: Establishing clear legal grounds for trade promotion activities, protecting consumer rights, and promoting fair competition.
  • Negative impact: May impose administrative procedural burdens on businesses when conducting promotions or organizing trade fairs, exhibitions.

❓ 常见问题

What forms of promotions may traders implement?

Traders may conduct promotions through various forms such as providing sample goods, offering sample services (Article 8), giving away goods, offering services without charge (Article 9), selling goods at a lower price than the previous selling price (Article 10).

What is the maximum value limit for goods and services used for promotions?

The material value used for promotions for a unit of goods or service shall not exceed 50% of the selling price immediately before the promotion period (Article 6).

What is the deadline for announcing the results of the prize draw and awarding prizes in a promotional program?

In cases where promotional programs are conducted according to the forms specified in Article 12 and Article 13 of this Decree, the deadline for announcing the results of the prize draw and awarding prizes shall not exceed 45 days from the end date of the promotion period (Article 21).

Which agency must traders organize trade fairs, exhibitions register with?

Traders organizing trade fairs, exhibitions in Vietnam must register with the Department of Industry and Trade at the place of organization (Article 29).

Within what timeframe does the competent state management agency confirm the registration for organizing trade fairs, exhibitions?

The competent state management agency shall confirm or reject the registration for organizing trade fairs, exhibitions within seven working days from the date of receiving complete files (Article 31).

全文

 

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
________________

 

 

 

DECREE

REGULATIONS ON TRADE PROMOTION ACTIVITIES UNDER THE COMMERCIAL LAW

 

Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government provides detailed regulations under the Commercial Law on trade promotion activities, which took effect from July 15, 2018, amended and supplemented by:

Decree No. 17/2020/ND-CP dated February 5, 2020 of the Government amending and supplementing certain articles of related decrees concerning investment and business conditions within the purview of the Ministry of Industry and Trade, which took effect from March 22, 2020.

Decree No. 128/2024/ND-CP dated October 10, 2024 of the Government amending and supplementing certain articles of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government providing detailed regulations under the Commercial Law on trade promotion activities, which took effect from December 1, 2024.[1]

Pursuant to the Law on Organization of the Government dated June 19, 2015 and the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;[2]

Pursuant to the Law on Trade dated June 14, 2005;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree providing detailed regulations under the Commercial Law on trade promotion activities.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed implementation of the Commercial Law on certain trade promotion activities, including promotions and trade fairs, exhibitions.

Article 2. Applicability

1. Business operators conducting promotions include:

a) Business operators producing and trading goods and services directly conducting promotions or conducting promotions through distribution business operators (wholesale, retail, agency, franchising, and other distribution business operators as prescribed by law);

b) Business operators trading promotion services conducting promotions for goods and services of other business operators pursuant to agreements with such business operators.

2. Business operators directly organizing trade fairs and exhibitions include:

a) Business operators organizing trade fairs and exhibitions or organizing for other business operators, organizations, or individuals to participate in trade fairs and exhibitions (business operators trading exhibition services);

b) Business operators directly or hiring other business operators to organize trade fairs and exhibitions exclusively for their own goods and services.

3. Organizations and individuals engaged in activities related to commerce, subjects having the right to conduct trade promotion activities as stipulated in Article 91 and Article 131 of the Commercial Law when conducting trade promotion activities must comply with the provisions of this Decree and relevant laws.

Chapter II. PROMOTIONS

Chapter I. PRINCIPLES FOR IMPLEMENTING PROMOTIONS, MAXIMUM LIMITS OF THE VALUE OF GOODS AND SERVICES USED FOR PROMOTIONS, AND THE MAXIMUM DISCOUNT RATES FOR PROMOTED GOODS AND SERVICES

Article 3. Principles for implementing promotions

1. Promotion programs must be conducted legally, honestly, openly, transparently, and ensure the rights and legitimate interests of consumers, business operators, organizations, or individuals.

2. Business operators conducting promotion programs must ensure favorable conditions for customers who win prizes to receive awards and have the obligation to resolve complaints (if any) related to the promotion program.

3. Business operators conducting promotions are responsible for ensuring the quality of promoted goods and services and goods and services used for promotions.

4. Promotions must be implemented in a manner that ensures:

a) Not imposing conditions for customers to enjoy promotions that require them to abandon, refuse, or exchange goods and services of other business operators, organizations;

b) Not making direct comparisons between their goods and services and those of other business operators, organizations, or individuals.

5. Results of lottery draws may not be used to determine winners or as a basis for giving gifts or rewards in promotion programs according to the forms prescribed in Clause 5, Clause 6, and Clause 9 of Article 92 of the Commercial Law.

Article 4. Promotional activities through multi-level marketing methods

1. A business that has not registered for multi-level sales activities shall not conduct promotional activities under a multi-level model, where the promotional targets include multiple levels and branches, with those ahead benefiting from the purchases made by those behind.

2. Multi-level sales businesses may carry out promotional activities in accordance with the provisions of the law but must comply with the regulations on managing multi-level marketing business activities.

Article 5. Goods and services subject to promotion, goods and services used for promotion

Goods and services subject to promotion, goods and services used for promotion shall be implemented in accordance with the provisions of the Commercial Law and the following specific provisions:

1. Goods and services subject to promotion do not include alcohol, lottery tickets, tobacco, breast milk substitutes, medicines for human treatment (including types of medicine that have been permitted for circulation according to the Ministry of Health's regulations, except in cases of promoting medicines for pharmaceutical 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 other goods and services prohibited from promotion under the law.

2. Goods and services used for promotion do not include alcohol, lottery tickets, tobacco, medicines for human treatment (including types of medicine that have been permitted for circulation according to the Ministry of Health's regulations, except in cases of promoting medicines for pharmaceutical traders), goods and services prohibited from circulation in Vietnam, and other goods and services prohibited from promotion under the law.

3. Money can be used as goods or services for promotion, except in the cases specified in Articles 8, 10, 11 of this Decree.

Article 6. Maximum limit on the value of goods and services used for promotion

1.[3] The material value used for promotion for each unit of promoted goods or service shall not exceed 50% of the immediate selling price of that unit of promoted goods or service before the promotion period, except in the cases specified in Clause 8 and Clause 9 of Article 92 of the Commercial Law, Article 8, Clause 2 of Article 9, Article 12, Article 13, Article 14 of this Decree.

2.[4] The total value of goods and services used for promotion in a promotion program shall not exceed 50% of the total value of the promoted goods or services, except in the cases specified in Clause 8 and Clause 9 of Article 92 of the Commercial Law, Article 8 and Clause 2 of Article 9 of this Decree.

3. The value of goods and services used for promotion includes the following cases:

a) In the case where the trader conducting the promotion does not directly produce or import the goods or does not directly supply the services used for promotion, the value is calculated based on the payment price of the trader conducting the promotion to purchase the goods or services used for promotion or the market price of the goods or services used for promotion at the time of announcement;

b) Goods and services used for promotion are goods produced or imported directly by the trader or services supplied by the trader, the value is calculated based on the production cost or import price of the goods or services used for promotion.

4.[5] In cases of organizing concentrated promotion programs, the maximum limit on the value of goods and services used for promotion is 100%.

The maximum limit on the value of goods and services used for promotion of 100% also applies to promotional activities within trade promotion programs decided by the Prime Minister.

5. Concentrated promotion programs as stipulated in Clause 4 of this Article include:

a) [6] State agencies (central and provincial level) issue decisions to organize and implement concentrated promotion programs aimed at implementing national and local economic development policies with specific goals. The State encourages the organization of concentrated promotion programs. All traders have the right to participate in these programs;

b) Promotion periods during holidays and festivals as prescribed by labor laws, including:

- Lunar New Year period: 30 days prior to the first day of the lunar new year;

- Other holiday and festival days. The duration of promotion for each promotion period during holidays and festivals shall not exceed the corresponding holiday and festival leave period as prescribed by labor laws.

Article 7. Maximum discount rate for goods and services under promotional activities

Clause 1. The maximum discount rate for goods and services under promotional activities shall not exceed 50% of the price of such goods and services immediately prior to the promotional period.

2.[7] In cases where concentrated promotional programs are organized in accordance with Clause 5, Article 6 then the maximum discount rate for goods and services under promotional activities shall be 100%. A maximum discount rate of 100% also applies to promotional activities within the framework of trade promotion programs decided by the Prime Minister.

Clause 3. There shall be no limit on the maximum discount rate when implementing promotional discounts for:

Point a) Goods and services when implementing the State's price stabilization policy;

Point b) Fresh food products;

Point c) Goods and services in cases where enterprises are going bankrupt, dissolved, changing their business locations, or production and business sectors.

Section 2. PROMOTIONAL FORMS

Article 8. Providing samples of goods and services for customers to try free of charge

Clause 1. Samples of goods provided to customers and services provided for customers to try must be legal goods and services that the trader is currently or will soon sell or supply on the market.

Clause 2. When receiving samples of goods and services, customers are not required to make any payment obligations.

Clause 3. The trader conducting a promotional program through the provision of samples of goods and services must be responsible for the quality of the samples and must inform customers about all relevant information regarding the use of the samples.

Article 9. Giving away goods and providing services without charging money

The trader conducting a promotional activity of giving away goods and providing services without charging money shall do so in the following manner:

Clause 1. Giving away goods and providing services without charging money along with the purchase or supply of goods and services;

Clause 2. Giving away goods and providing services without charging money not accompanied by the purchase or supply of goods and services.

Article 10. Selling goods and providing services at a lower price than the previous selling price (promotional activity in the form of discount)

Clause 1. In the case of implementing a promotional activity in the form of a discount, the discount rate for goods and services during the promotional period at any time must comply with the provisions set out in Article 7 of this Decree.

Clause 2. It is not allowed to reduce the selling price of goods or service provision prices in cases where the selling price of goods or services is specifically priced by the State.

Clause 3. It is not allowed to reduce the selling price of goods or service provision prices below the minimum price level in cases where the selling price of goods or service provision prices is subject to a price range or minimum price set by the State.

Clause 4. Strictly prohibited is the exploitation of this promotional form to sell goods or services at dumping prices.

Clause 5. The total duration of promotional activities in the form of discounts for a particular brand of goods or services shall not exceed 120 days in a year, excluding the duration of promotional activities of concentrated promotional programs and promotional programs and trade promotion activities decided by the Prime Minister.

Article 11. Sale of goods and provision of services accompanied by purchase vouchers or service usage vouchers

Clause 1. Purchase vouchers and service usage vouchers accompanying sold goods or provided services are vouchers for purchasing goods or receiving service provision from that same trader or for purchasing goods or receiving service provision from other traders or organizations.

Clause 2. The maximum value of purchase vouchers or service usage vouchers given together with a unit of sold goods or provided services during promotional periods must comply with the maximum limit on material value used for promotions as stipulated in Article 6 of this Decree. Article 12. Sale of goods and provision of services accompanied by contest entry tickets for customers to choose prize winners according to rules and announced prizes (or other equivalent contest organization and awarding methods).

Clause 1. The content of the contest program must include relevant information as prescribed in Article 97 of the Trade Law and must not contravene historical traditions, culture, ethics, and Vietnamese customs and practices.

Clause 2. The organization of contests and prize drawings must be conducted publicly, with the presence of customer representatives, and must be notified to the Department of Industry and Trade at the location where the contest and prize drawing will take place before the date of the contest and prize drawing. In cases where the total value of prizes in the promotional program is less than 100 million VND, the trader does not need to notify the Department of Industry and Trade as stipulated in this clause.

Clause 3. Traders implementing promotions must organize contests and award prizes according to the rules and prizes they have announced.

Article 13. Sale of goods and provision of services accompanied by participation in programs with elements of chance, where participation in the program is linked to the purchase of goods or services, and winning prizes depends on the luck of participants according to announced rules and prizes (promotional programs with elements of chance)

Clause 1. Determination of winning in promotional programs with elements of chance must be organized publicly, according to the announced rules, with the presence of customers, and must be recorded in minutes.

Clause 2. In cases where evidence of winning is issued together with goods (attached, affixed, placed inside the goods or other similar methods), the trader implementing the promotion must notify the time and location for issuing evidence of winning with the goods to the Department of Industry and Trade at the location where the issuance of evidence of winning with the goods will take place before implementation.

Clause 3. Evidence of winning in promotional programs with elements of chance must comply with the following conditions:

Point a. It must be presented in a physical form (lottery tickets, entry tickets, draw cards; draw tickets, lottery tickets, scratch cards; stickers, coupons; stamps, winning tickets; caps, buttons, bottoms, shells, bodies of product packaging or products themselves; actual prizes) or data message (text messages; emails; code, transaction, customer, product codes) or other equivalent forms to serve as a basis for determining winning through random means.

Point b. It must have a different form from state-monopoly lotteries and cannot use state lottery results to determine winning.

Clause 4. Traders implementing promotional programs with elements of chance must allocate 50% of the announced prize value to the state budget in cases where there are no winners.

Clause 5. Unclaimed prizes in promotional programs with elements of chance as stipulated in Clause 4 of this Article refer to prizes when the awarding period has expired but there are no claimants or the winner cannot be identified.

4. A trader conducting a promotional program with a chance element must allocate 50% of the value of the announced prize to the state budget in the event that there is no winner.

5. The prize from a promotional program with a chance element as stipulated in Clause 4 of this Article shall be considered the prize in the case where the awarding period has expired but there is no recipient or the winner cannot be identified.

Article 14. Organizing a frequent customer program, whereby rewarding customers is based on the quantity or value of goods and services purchased by the customer, which is reflected in the form of a customer card, purchase record voucher, or other forms.

1. Businesses conducting promotions must comply with the provisions regarding the notification of related information as stipulated in Article 97 of the Trade Law; they have the responsibility to promptly and accurately confirm the participation of customers in the frequent customer program.

2. The content of information displayed and stored on the customer card, purchase record voucher, or equivalent forms must include:

a) The name of the card, voucher, and customer information (full name, identity card/residence book/passport);

b) Conditions and methods for recording the participation of customers in the frequent customer program. In cases where the contents specified herein cannot be fully displayed, businesses must provide such complete and timely information to customers when they begin participating in the program;

c) The quantity and value of goods purchased by the customer must be clearly stated in the card or voucher information to serve as the basis for determining the benefits that the customer will receive; detailed conditions regarding the quantity and value of goods and services purchased and used by the customer to qualify for rewards.

Article 15. Promotions of goods and services where the implementation process uses the Internet, electronic devices, or information technology applications.

1. Businesses implementing promotional activities or programs where the implementation process uses the Internet, electronic devices, information technology applications, or other means and tools must comply with the provisions on promotions under the Trade Law, this Decree, and relevant laws.

2. Businesses providing online trading platforms, online promotion websites (platforms), shall be responsible for:

a) Ensuring that the content of information about promotional activities published on the platform complies with the laws on promotions, electronic transactions, advertising, and relevant laws;

b) Requesting businesses conducting promotions on the platform to provide information about their promotional activities;

c) Having mechanisms to monitor and ensure that the provision of information by businesses conducting promotions on the platform is accurate and complete;

d) Taking prompt measures upon discovering or receiving reports about illegal promotional activities on the platform;

đ) Supporting state management agencies in investigating, inspecting, and supervising illegal promotional activities, providing registration information, transaction history, and other documents about entities engaging in illegal activities on the platform;

e) Bearing third-party liability for providing information about promotional activities to consumers in accordance with the Consumer Protection Law.

Section 3. ANNOUNCEMENT, REGISTRATION, PUBLIC DISCLOSURE, REPORTING OF RESULTS, TERMINATION OF PROMOTION IMPLEMENTATION

Article 16. Obligations of businesses conducting promotions

1. For the case prescribed in point a clause 1 Article 2 of this Decree:

a) Announcing and registering the implementation of promotions with competent state authorities;

b) Being fully responsible under the law and towards customers for the promotion program (except in cases of hiring a business to operate promotional service as stipulated in point b clause 1 Article 2 of this Decree);

c) Providing customers, distributors, and related parties with full, accurate, and clear information on the contents required to be publicly announced according to Article 97 of the Trade Law;

d) Other obligations as stipulated in Article 96 of the Trade Law and this Decree.

2. For the case prescribed in point b clause 1 Article 2 of this Decree:

a) Obligations as stipulated in clause 5 Article 96 of the Trade Law and this Decree;

b) Being responsible under the law and towards customers for activities within the scope of the promotional service contract.

Article 17. Notification of Promotional Activities

1.[8] Business entities shall complete administrative procedures to notify promotional activities to all Departments of Industry and Trade where the promotions are organized (in the area where the promotions are implemented) before implementing the promotion program according to the form prescribed in Article 12 and Article 14 of this Decree except for the cases specified in point b and point c, 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 recorded on the delivery slip or other equivalent forms in case of sending through postal services, based on the date recorded on the receipt slip in case of direct submission, or based on the date recorded on the system in case of submission through the online public service system).

2.[9] Cases not required to complete administrative procedures to notify the implementation of promotions:

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

b) Implementing promotions in the forms prescribed in Article 12, Article 14 of this Decree with a total value of prizes and gifts under VND 100 million;

c) Only implementing promotion programs in the forms prescribed at Article 12, Article 14 of this Decree for goods and services sold or provided through electronic commerce platforms, electronic commerce application platforms, online promotion websites, and online promotion applications.

3. Business entities may choose one of the following methods to notify:

a) Submitting one notification dossier via postal service[10] to the Departments of Industry and Trade where the promotions are organized;

b) Submitting one notification dossier directly at the offices of the Departments of Industry and Trade where the promotions are organized;

c) [11] (abolished);

d) [12] Submitting one notification dossier through the National Public Service Portal or the Provincial Administrative Procedure Information System.

4. The notification dossier includes one Promotion Implementation Notice according to Form No. 01 the Appendix promulgated together with this Decree.

5. The content of the promotion implementation notice includes:

a) Name of the business entity implementing the promotion;

b) Name of the promotion program;

c) Area of promotion implementation (provinces, cities where the business entity implements the promotion);

d) Promotion form;

đ) Goods and services being promoted;

e) Goods and services used for promotion (prizes, gifts);

g) Time of promotion implementation;

h) Customers of the promotion program (beneficiaries of the promotion);

i) Prize structure and total prize value of the promotion program;

k) Detailed content of the promotion program.

l) In cases where multiple business entities cooperate to implement the promotion program, they must clearly state the names of the business entities involved, specific participation contents, and specific responsibilities of each participating business entity.

6. Information about the promotion program that the business entity has notified must be publicly disclosed by relevant state management agencies through appropriate means (written documents, electronic news pages, or other equivalent forms) and no earlier than the start time of the promotion program. The disclosed information must include:

a) Name of the business entity implementing;

b) Detailed content of the program;

c) Time of promotion implementation;

d) Area of promotion implementation.

Article 18. Notification of Amendments and Additions to the Promotional Program Content

1. In cases where the content of the previously notified promotional program is amended or supplemented, the trader must complete administrative procedures to notify such amendments or supplements to the Department of Industry and Trade at the location where the promotional activity was initially notified before making any changes. The notification dossier includes one document notifying the amendment and supplementation of the promotional program content in accordance with Form number 06 the Appendix promulgated together with this Decree.

2. The trader may choose one of the following methods for notification:

a) Submitting one dossier through postal service[13] to the Departments of Industry and Trade where the promotions are organized;

b) Submitting one dossier directly at the headquarters of the Department of Industry and Trade where the promotion is organized;

c) [14] (abolished);

d) [15] Submitting one notification dossier through the National Public Service Portal or the Provincial Administrative Procedure Information System.

3. Any amendments or additions to the content of the promotional program must ensure that they do not affect the rights of customers who have participated in the program prior to its amendment or addition.

Article 19. Registration of Promotional Activities

1. The trader must complete administrative procedures to register promotional activities and must obtain confirmation from the competent state management agency before implementing the promotional program according to the form prescribed in Article 13 of this Decree and other forms as stipulated in Clause 9, Article 92 of the Commercial Law.

2. The competent state management agency referred to in Clause 1 of this Article includes:

a) The Department of Industry and Trade for promotional programs involving chance conducted within the territory of one province or centrally governed city;

b) The Ministry of Industry and Trade for promotional programs involving chance conducted across two or more provinces or centrally governed cities and other forms of promotional programs.

3. The trader may choose one of the following registration methods:

a) Submitting one registration dossier through postal service[16] to the competent state management agency;

b) Submitting one registration dossier directly at the headquarters of the competent state management agency;

c) [17] Submitting one registration dossier through the Ministry of Industry and Trade's Administrative Procedure Information System (in cases conducted across two or more provinces or centrally governed cities) or the provincial Administrative Procedure Information System (in cases conducted within one province or centrally governed city).

4. The registration dossier for implementing the promotional program includes:

a) One Registration Form for Implementing the Promotional Program according to Form No. 02 the Appendix promulgated together with this Decree;

b) One Regulation of the Promotional Program according to Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives the Appendix promulgated together with the Decree;

c) A sample of evidence confirming the win or a detailed description of the evidence confirming the win;

d) [18] (abolished).

5. The content of the registration for implementing the promotion includes:

a) Name of the business entity implementing the promotion;

b) Name of the promotion program;

c) Area of promotion implementation (provinces, cities where the business entity implements the promotion);

d) Promotion form;

đ) Goods and services being promoted;

e) Goods and services used for promotion (prizes, gifts);

g) Time of promotion implementation;

h) Customers of the promotion program (beneficiaries of the promotion);

i) Prize structure and total prize value of the promotion program;

k) Detailed content of the promotional program (regulation of the promotional program);

l) In cases where multiple traders jointly implement the promotional program, the registration content must clearly specify the names of the traders involved, their specific participation content, and the specific responsibilities of each participating trader in the program.

6. Within five working days from the date of receipt of the dossier (based on the receipt date recorded on the postal service consignment note[19] or equivalent forms in case of submission via postal service[20], based on the receipt date recorded on the acceptance slip in case of direct submission, or based on the date recorded on the system in case of submission through the online public service system), the competent state management agency for trade as prescribed in Clause 2 of this Article shall examine and respond with confirmation or non-confirmation of the trader's registration for implementing the promotional program; in case of non-confirmation, the reasons must be clearly stated according to the provisions of the law. The content of confirmation or non-confirmation shall be carried out according to Form number 04 send a text message Form number 05 the Appendix promulgated together with this Decree.

7. In cases where the Ministry of Industry and Trade is the confirming agency for the registration of implementing the promotional program, the Ministry of Industry and Trade shall provide the Department of Industry and Trade at the location where the trader organizes the promotion with the confirmed program content for coordinated management.

8. Information about the promotional program registered and confirmed by the trader must be publicly disclosed by the competent state management agency through appropriate means (written documents, electronic bulletin boards or other equivalent forms) and no earlier than the start time of the promotional program. The disclosed information must include:

a) Name of the business entity implementing;

b) Detailed content of the promotional program;

c) Time of promotion implementation;

d) Area of promotion implementation.

Article 20. Registration for Amending and Supplementing the Content of Promotional Programs

1.[21] In cases where the content of a promotional program that has been previously registered and confirmed is amended or supplemented, the trader must complete administrative procedures to register the amendment or supplementation of the promotional program's content with the competent state management agency where the initial registration was made prior to making such changes. The registration dossier for amending and supplementing includes one document carried out according to Model No. 06a the Appendix promulgated together with this Decree.

2. The trader may choose one of the following methods for registration:

a) Submitting one registration dossier through postal service[22] to the competent state management agency;

b) Submitting one registration dossier directly at the headquarters of the competent state management agency;

c) [23] Submitting one registration dossier through the Ministry of Industry and Trade's Administrative Procedure Information System (in cases conducted across two or more provinces or centrally governed cities) or the provincial Administrative Procedure Information System (in cases conducted within one province or centrally governed city).

3. Within five working days from the date of receipt of the dossier (based on the date recorded on the postal service consignment note[24] or equivalent forms in case of submission via postal service[25], based on the date recorded on the receipt slip when submitting directly or based on the date recorded on the system when submitting through the online public service system), the competent state management agency for trade shall examine and respond to confirm or not confirm the registration for amending and supplementing the content of the promotional program of the trader; in case of non-confirmation, the reasons must be clearly stated in accordance with the provisions of the law.

4. In cases where the Ministry of Industry and Trade is the agency confirming the registration for amending and supplementing the content of the promotional program, the Ministry of Industry and Trade provides the Department of Industry and Trade at the location where the trader organizes the promotion with the content of the promotional program that has been confirmed for amendment and supplementation for coordinated management.

5. The amendment and supplementation of the content of the promotional program must ensure that it does not affect the interests of customers who have participated in the program before its content is amended or supplemented.

Article 21. Announcing Results, Awarding Prizes, and Reporting on the Implementation of Promotional Programs

1.[26] In cases where promotional programs are implemented in the forms prescribed in Article 12, Article 13 of this Decree and other forms prescribed in Clause 9, Article 92 of the Trade Law, the deadline for announcing the results of winning prizes and awarding prizes of the program shall not exceed forty-five days from the end date of the implementation of the promotion, except in cases of force majeure as provided by law.

2.[27] Reporting on the Implementation of Promotional Programs:

a) Within forty-five days from the expiration date of the prize awarding period of the promotional program as prescribed in Article 13 of this Decree and other forms prescribed in Clause 9, Article 92 of the Trade Law, the trader implementing the promotional program must submit a report in writing to the competent state management agency (where the registration was made and confirmed) on the results of implementing the promotional program according to Form No. 07 the Appendix issued together with this Decree. In cases where fifty percent of the value of unclaimed prizes must be remitted to the state budget, within seven working days from the date of receiving the trader's report, the competent state management agency issues a decision to collect fifty percent of the announced value of unclaimed prizes of the promotional program according to Form No. 08 the Appendix issued together with this Decree. Within forty-five days from the date of receiving the collection decision from the competent state management agency, the trader is responsible for paying fifty percent of the announced value of unclaimed prizes of the promotional program according to the decision. All relevant documents and materials related to reporting on the results and related to the implementation of the promotional program must be stored and kept accountable by the trader in accordance with the provisions of the law to serve inspection, supervision, and monitoring work.

b) Traders implementing promotions in the forms prescribed in Clause 8, Article 92 of the Trade Law, Articles 8, 9, Article 10, Article 11, Article 12 and Article 14 of this Decree shall not report the results of implementing promotions.

3. A trader implementing a promotion program in forms other than those specified in point b, Clause 2, Article 10 of this Decree shall be responsible for publicly announcing information about the results of the promotion at the promotion location or through communication means or on the trader's website (if available). The contents to be publicly announced include:

a) Name of the promotion program;

b) Area where the promotion is implemented (provinces/cities where the trader implements the promotion);

c) Form of promotion;

d) Goods and services subject to promotion;

đ) Goods and services used for promotion (prizes, gifts);

e) Duration of the promotion;

g) Customers of the promotion program (beneficiaries of the promotion);

h) Structure of prizes and total value of prizes awarded under the promotion program.

Article 22. Termination of Promotion Program Implementation

A trader implementing a promotion may not terminate the implementation of the promotion program before the announced deadline or the deadline confirmed by the competent state management agency, except in the following cases:

1. In case of force majeure, the termination of the promotion program before the deadline must be publicly announced to customers and the competent state management agency for trade.

2. In case the trader exhausts the quantity of goods and services subject to promotion or goods and services used for promotion, or issues all the certificates of winning prizes that have been announced or confirmed by the competent state management agency, the termination of the promotion program can only be carried out after the trader has notified the competent state management agency and must ensure the full rights of customers who participated in the program.

3. In case the trader is required by the state management agency to terminate the entire or part of the promotion program, the termination of the program must be publicly announced by the trader according to one of the methods stipulated in Article 98 of the Commercial Law, on the trader's website (if available), and the trader must ensure compliance with all commitments made to customers participating in the promotion program; except when the promotion program uses prohibited goods and services, restricted goods and services, goods not permitted for circulation, services not permitted for provision, or uses alcohol, beer to promote to persons under 18 years old, or uses tobacco, alcohol, medicine to promote (except when using medicine to promote to traders selling medicine) in any form. A trader will be required by the state management agency to terminate the implementation of the promotion program if:

a) Violates the provisions of Article 100 of the Commercial Law and Article 3 of this Decree;

b) Does not implement or does not implement correctly or fully the contents registered in the rules of the promotion program with the competent state management agency for trade.

Chapter III. FAIRS AND TRADE EXHIBITIONS

Section 1. GOODS AND SERVICES DISPLAYED AND INTRODUCED AT TRADE FAIRS AND EXHIBITIONS

Article 23. Labeling of goods for display and introduction at trade fairs and exhibitions in Vietnam.

1. Goods displayed and introduced at trade fairs and exhibitions in Vietnam must have product labels in accordance with the provisions of the law on product labeling.

2. Goods temporarily imported for display and introduction at trade fairs and exhibitions in Vietnam must comply with the provisions of the law on product labeling.

Article 24. Display of Counterfeit Goods and Goods Infringing Intellectual Property Rights for Comparison with Genuine Goods

1. The organization of displaying counterfeit goods and goods infringing intellectual property rights at trade fairs and exhibitions must be clearly stated in the content of the registration when traders carry out administrative procedures to register or modify and supplement the content of organizing trade fairs and exhibitions.

2. Counterfeit goods and goods infringing intellectual property rights when displayed must be clearly marked as counterfeit goods or goods infringing intellectual property rights.

Article 25. Use of Names and Themes of Trade Fairs and Exhibitions

1. Traders and organizations related to commerce, when organizing trade fairs and exhibitions, have the right to choose names and themes of trade fairs and exhibitions that do not violate the law, morality, customs, traditions, and good manners of Vietnam.

2. In cases where the names and themes of trade fairs and exhibitions use terms to promote the quality, titles of goods and services, or the reputation, titles of traders, organizations, or individuals participating in trade fairs and exhibitions, traders and organizations related to commerce, when organizing trade fairs and exhibitions, must comply with the following regulations:

a) Have evidence proving that the quality and titles of goods and services participating in trade fairs and exhibitions are consistent with the registered name and theme of the trade fair and exhibition;

b) Have evidence proving that the reputation and titles of traders, organizations, or individuals participating in trade fairs and exhibitions are consistent with the registered name and theme of the trade fair and exhibition.

Article 26. Issuance of Awards, Certificates of Quality and Titles of Goods and Services, Certificates of Reputation and Titles of Traders, Organizations, or Individuals Participating in Trade Fairs and Exhibitions

1. The organization of issuing awards, certificates of quality and titles of goods and services, certificates of reputation and titles of traders, organizations, or individuals participating in trade fairs and exhibitions (issuing awards organization) must be carried out in accordance with relevant laws and must be clearly stated in the content of the registration when traders organize trade fairs and exhibitions carry out administrative procedures to register or modify and supplement the content of organizing trade fairs and exhibitions.

2. The organization of issuing awards, certificates of quality and titles of goods and services, certificates of reputation and titles of traders, organizations, or individuals participating in trade fairs and exhibitions must ensure compliance with relevant laws and the following principles:

a) Only issue awards to traders, organizations, or individuals who have registered to participate in the award issuance in trade fairs and exhibitions;

b) Not discriminate against different types of enterprises;

c) Ensure transparency, objectivity, and fairness based on the voluntary participation of traders, organizations, or individuals in trade fairs;

d) The name of the award and title must include the name of the trade fair or exhibition that the trader, organization, or individual participates in and must not violate the law, morality, customs, traditions, and good manners of Vietnam;

đ) Not solicit funds in any form from traders, organizations, or individuals who have registered to participate in the award issuance;

e) Not abuse the issuance of awards and prizes to engage in illegal activities;

g) Not compel traders, organizations, or individuals to register to participate in the award issuance.

Article 27. Temporary importation for re-export of goods and services participating in trade fairs and exhibitions in Vietnam; temporary exportation for re-importation of goods and services participating in trade fairs and exhibitions abroad

The temporary importation for re-export of goods participating in trade fairs and exhibitions in Vietnam; temporary exportation for re-importation of goods and services participating in trade fairs and exhibitions abroad must comply with the provisions of the law on customs and other relevant laws.

Section 2. PROCEDURES AND FORMS FOR REGISTRATION TO ORGANIZE AND PARTICIPATE IN TRADE FAIRS AND EXHIBITIONS

Article 28. Obligations of traders organizing and participating in trade fairs and exhibitions

1. Obligations of traders organizing trade fairs and exhibitions

a) Registering to organize trade fairs and exhibitions with competent state management agencies;

b) Being responsible for resolving complaints and feedback from consumers or organizations and individuals regarding trade fairs and exhibitions; and regarding goods displayed at trade fairs and exhibitions;

c) Providing complete and accurate information related to participation in trade fairs and exhibitions, activities within the framework of trade fairs and exhibitions outside of display activities, to participating traders;

d) Other obligations as stipulated in Articles 139 and 140 of the Commercial Law.

2. Obligations of traders, organizations, and individuals participating in trade fairs and exhibitions (participating in displays at trade fairs and exhibitions)

a) Being fully responsible for goods and services displayed at trade fairs and exhibitions;

b) Providing complete and accurate information about displayed goods to the fair and exhibition organizing units and being responsible for the provided information;

c) Other obligations as stipulated in Articles 138 and 139 of the Commercial Law.

Article 29. Registration to organize trade fairs and exhibitions

1. Traders organizing trade fairs and exhibitions in Vietnam (excluding trade fair and exhibition activities within the framework of trade promotion programs and activities decided by the Prime Minister or provincial People's Committees) or organizing for traders, organizations, and individuals to participate in trade fairs and exhibitions abroad (excluding trade fair and exhibition activities within the framework of trade promotion programs and activities decided by the Prime Minister) must carry out administrative procedures to register the organization of trade fairs and exhibitions with competent state management agencies.

2. The competent state management agency referred to in Clause 1 of this Article includes:

a) Department of Industry and Trade where the event is organized for trade fairs and exhibitions in Vietnam;

b) Ministry of Industry and Trade for trade fairs and exhibitions abroad.

3. The trader may choose one of the following registration methods:

a) Submitting one registration dossier through postal service[28] to the competent state management agency;

b) Submitting one registration dossier directly at the headquarters of the competent state management agency;

c) Using online public service systems provided by competent state management agencies.

4. Registration deadline (based on the date recorded on the postal service consignment note,[29] or equivalent forms in case of submission via postal service[30]based on the date recorded on the receipt of the application form in case of direct submission, or based on the date recorded on the system in case of submission through the online public service system):

a) Maximum (earliest) 365 days and minimum (latest) 30 days before the opening day for trade fairs and exhibitions in Vietnam;

b) Maximum (earliest) 365 days and minimum (latest) 45 days before the opening day for trade fairs and exhibitions abroad.

5. Documents for registering to organize trade fairs and exhibitions include:

a) One registration form for organizing trade fairs and exhibitions according to Form No. 10 the Appendix promulgated together with this Decree;

b) [31] (abolished).

6. Content of registration to organize trade fairs and exhibitions, including:

a) Name and address of the trader or organization involved in commercial activities organizing the trade fair or exhibition;

b) Name and theme of the trade fair or exhibition (if applicable);

c) Time and location of the trade fair or exhibition;

d) Expected scale of the trade fair or exhibition;

đ) Arrangements for displaying counterfeit goods or goods violating intellectual property rights; arrangements for awarding quality certificates, titles, or reputation certificates to goods, services, traders, organizations, or individuals participating in the trade fair or exhibition; and organizing trade fairs or exhibitions under the name of a province or city;[32].

7. Competent state management agencies shall confirm or not confirm the registration to organize trade fairs and exhibitions in writing within seven working days from the date of receiving all documents. In case of non-confirmation, the competent state management agency must clearly state the reasons. The content of confirmation or non-confirmation shall be carried out according to Form No. 11 send a text message Form No. 12 the Appendix promulgated together with this Decree.

8. Where two or more traders or organizations involved in commercial activities apply to organize trade fairs and exhibitions with the same name, theme, time, and location, the competent state management agency shall organize negotiations to select the trader or organization involved in commercial activities that can organize the trade fair or exhibition.

9. In cases where the negotiation stipulated in Clause 8 of this Article does not reach an agreement, the competent state management agency shall decide to confirm the registration for one trader or organization involved in commercial activities to organize the trade fair or exhibition based on the following criteria:

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.

10. Within thirty days from the end of the trade fair or exhibition, the trader or organization involved in commercial activities must submit a report to the competent state management agency on the results of organizing the trade fair or exhibition according to the registered contents and confirmed. Model No. 14 Appendix issued together with this Decree reports the results of organizing trade fairs and exhibitions according to the registered contents and confirmed.

11. Trade fairs and exhibitions organized in Vietnam must meet the following requirements:

a) Goods at trade fairs and exhibitions must be displayed in standard booths (dimensions 3mx3m) or equivalent areas to multiple standard booths;

b) Full services must be available, including electricity, water, security, and sanitation.

12. Organizing trade fairs and exhibitions in Vietnam under the name of a province or city must meet the standards stipulated in Clause 11 of this Article and the standards prescribed by the provincial People's Committee.[33].

13. The Provincial People's Committee shall annually (before October 1) publish the List of locations for organizing trade fairs and exhibitions and the priority fields for organizing such events within their province in the following year.

14. Merchants who organize or participate in trade fairs and exhibitions abroad regarding their goods and services are not required to comply with the provisions of this Article.

Article 30. Registration for Amending and Supplementing the Content of Organizing Trade Fairs and Exhibitions

1. In cases where there is a need to amend or supplement the content of organizing trade fairs and exhibitions that have been registered, merchants and organizations related to commerce must complete administrative procedures for registering amendments and supplements to the content of organizing trade fairs and exhibitions. The application for amending and supplementing the content of organizing trade fairs and exhibitions must be submitted to the competent state management agency at least 30 days before the opening date of the trade fair or exhibition. The application for amending and supplementing shall be carried out according to Model Number 13 the Appendix promulgated together with this Decree.

2. Merchants may choose one of the following methods for registering amendments and supplements:

a) Submitting one registration dossier through postal service[34] to the competent state management agency;

b) Submitting one registration dossier directly at the headquarters of the competent state management agency;

c) Using online public service systems provided by competent state management agencies.

3. The competent state management agency shall confirm or not confirm in writing the registration for amending and supplementing the content of organizing trade fairs and exhibitions within seven working days from the date of receiving the complete application. In case of non-confirmation, the competent state management agency must clearly state the reasons.

4. Amendments and supplements to the content of organizing trade fairs and exhibitions must ensure that they do not affect the interests of relevant merchants, organizations, and individuals.

Article 31. Termination of Trade Fair and Exhibition Activities

1. Merchants organizing trade fairs and exhibitions are obligated to terminate the implementation of the entire or part of the trade fair or exhibition if requested by the state management agency. Such a request for termination of trade fair and exhibition activities can only be made when the state management agency discovers that the merchant has violated the provisions set forth in Clause 2, Clause 3 Article 131, Clause 3 Article 133, Article 134, Article 135, Article 136, and Article 137 of the Commercial Law.

2. The termination of the implementation of trade fair and exhibition activities must be publicly announced by the merchant organizing the trade fair or exhibition and must ensure the rights of merchants who have participated in the trade fair or exhibition.

Chapter IV. IMPLEMENTATION

Article 32. Responsibility for Implementation

1. The Ministry of Industry and Trade is responsible to the Government for implementing state management over commercial promotion activities as stipulated in the Commercial Law and this Decree:

a) Implementing administrative procedures for commercial promotion within the authority of the Ministry of Industry and Trade;

b) Inspecting, supervising, and monitoring the implementation of laws on commercial promotion by merchants and organizations related to commerce, and imposing administrative penalties according to the law for violations committed by merchants and organizations related to commerce;

c) [35] Cooperating with the State Treasury to reconcile the amount of money according to the decision on collection and the amount of money already paid into the state budget, which is 50% of the value of unclaimed prizes in promotional programs;

d) The Department of Trade Promotion under the Ministry of Industry and Trade is responsible for assisting the Minister of Industry and Trade in implementing the management content prescribed in Clause 1 of this Article; The General Administration of Market Management under the Ministry of Industry and Trade is responsible for assisting the Minister of Industry and Trade in implementing the management content prescribed in Point b Clause 1 of this Article.

2.[36] (abolished).

3. Ministries, agencies equivalent to ministries, and government agencies within the scope of their duties and powers are responsible for coordinating with the Ministry of Industry and Trade to implement state management over commercial promotion activities.

4. The People's Committees of provinces and centrally governed cities (hereinafter referred to as provincial-level People's Committees) within the scope of their duties and powers are responsible for implementing state management over commercial promotion activities at the local level:

a) Implementing administrative procedures for commercial promotion within their authority;

b) Inspecting, supervising, and monitoring the implementation of laws on commercial promotion by merchants and organizations related to commerce, and imposing administrative penalties according to the law for violations committed by merchants and organizations related to commerce;

c) Checking, consolidating, and settling accounts with the financial management agency at the same level regarding the amount of money according to the decision on collection and the actual amount collected into the state budget, which is 50% of the value of unclaimed prizes in promotional programs;

d)[37] The Department of Industry and Trade is responsible for assisting the provincial-level People's Committee in implementing the management content prescribed in Points a, b, and c of this Clause and reporting activities to the provincial-level People's Committee and the Ministry of Industry and Trade before December 20 each year according to Model Number 15 the Appendix promulgated together with this Decree;

d) Local market management forces are responsible for assisting the provincial-level People's Committee and the General Administration of Market Management in implementing the management content prescribed in Point b of this Clause.

5. The competent state management agency is responsible for publicly disclosing information about commercial promotion activities (promotions, trade fairs, and exhibitions):

a) Already notified to the state management agency;

b) Already confirmed by the state management agency for registration;

c) Already processed for violation by the state management agency according to regulations.

Article 33. Effective Date

1. This Decree takes effect from July 15, 2018.

2. Decree No. 37/2006/NĐ-CP dated April 4, 2006, of the Government detailing the Commercial Law on commercial promotion activities ceases to be effective from the date this Decree takes effect./.

 

MINISTRY OF INDUSTRY AND TRADE
__________

No.: 26/VBHN-BCT


Place of Receipt:
- OFFICE OF THE GOVERNMENT (FOR PUBLICATION IN THE GAZETTE);
- Government Electronic Portal;
- Ministry of Justice;
- Office of the Ministry (for publication on the Ministry of Industry and Trade's website);
- Legal Affairs Department (for publication on the National Legal Database);
- File: VT, XTTM.

CERTIFIED CONSOLIDATED DOCUMENT

 

Hanoi, October 24, 2024

 

DEPUTY MINISTER
DEPUTY MINISTER




Nguyen Sinh Nhat Tan

 

ANNEX

(Attached to Decree No. 81/2018/NĐ-CP dated May 22, 2018, of the Government and Decree No. 128/2024/NĐ-CP dated October 10, 2024, amending and supplementing certain articles of Decree No. 81/2018/NĐ-CP dated May 22, 2018, of the Government)

Form No. 01

Notice of Implementation of Promotions

Form No. 02

Registration for Implementation of Promotions

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

Rules of the Promotion Program

Form number 04

Confirmation of Registration for Implementation of Promotions

Form number 05

Non-Confirmation of Registration for Implementation of Promotions

Form number 06

Notice of Amendment and Supplement to the Content of the Promotion Program

Model No. 06a

Registration for Amendment and Supplement to the Content of the Promotion Program

Form No. 07

Report on Implementation of Promotions

Form No. 08

Decision on the collection of state budget revenue equivalent to 50% of the value of prizes without winners from promotional programs

Form No. 09[38]

Report on the results of state budget revenue submission

Form No. 10

Registration for organizing trade fairs and exhibitions

Form No. 11

Confirmation of registration for organizing trade fairs and exhibitions

Form No. 12

Non-confirmation of registration for organizing trade fairs and exhibitions

Model Number 13

Registration for amending and supplementing the content of organizing trade fairs and exhibitions

Model No. 14

Report on the results of organizing trade fairs and exhibitions

Model Number 15

Report on state management work in promoting trade

 

Form No. 01[39]

NAME OF MERCHANT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: …….

..., day ... month ... year 20...

 

NOTICE TO IMPLEMENT PROMOTION

Respectfully submitted to: ...

Name of trader: ...

Main Office Address:...

Telephone: ... Fax: ... Email: ...

Business Registration Number:...

Contact person: ... Telephone: ...

(Name of trader) announces the promotion program as follows:

1. Name of the promotion program: ...

2. Promotion area (scope): ...

3. Promotion form: ...

4. Promotion period: ...

5. Promoted goods and services: ...

Quantity of promoted goods and services (if applicable): ...

6. Goods and services used for promotion: ...

7. Customers of the promotion program (beneficiaries of the promotion): ...

8. Prize structure (prize content, prize value, number of prizes):

9. Total value of goods and services used for promotion: ...

10. Detailed content of the promotion program: ...

11. Names of traders participating together, specific contents of participation, and specific responsibilities of each participating trader in the program (In case multiple traders cooperate to implement the promotion program or a trader providing promotion services implements promotions for another trader's goods and services according to agreement).

(Name of trader) commits to implementing the above promotion program in accordance with current laws and fully assumes responsibility for it.

 

 

REPRESENTATIVE OF THE TRADER
(Signature, clearly stating position and stamp or using electronic/digital signature as prescribed)

 

Form No. 02[40]

NAME OF MERCHANT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: …….

..., day ... month ... year 20...

 

REGISTRATION FOR IMPLEMENTING PROMOTION

Respectfully submitted to: ...

Name of trader: ...

Main Office Address:...

Telephone: ... Fax: ... Email: ...

Business Registration Number:...

Contact person: ... Telephone: ...

(Name of trader) registers the promotion program as follows:

1. Name of the promotion program: ...

2. Promotion period: ...

3. Promoted goods and services: ...

Quantity of promoted goods and services (if applicable): ...

4. Goods and services used for promotion: ...

5. Promotion area (scope): ...

6. Promotion form: ...

7. Customers of the promotion program (beneficiaries of the promotion): ...

8. Total prize value: ...

9. Names of traders participating in the promotion, specific contents of participation, and specific responsibilities of each participating trader in the program (In case multiple traders cooperate to implement the promotion program or a trader providing promotion services implements promotions for another trader's goods and services according to agreement).

The trader commits to fully assume responsibility for the promoted goods and services, goods and services used for promotion, resolving disputes, and bearing legal responsibility for any violations when implementing the promotion program (if any); at the same time, must report the results of the promotion, retain and be responsible for related documents and records in compliance with legal regulations to serve inspection, supervision, and monitoring activities.

Rules of the promotion program attached.

(Name of trader) commits to the above registration content and fully assumes legal responsibility.

 

 

REPRESENTATIVE OF THE TRADER
(Signature, clearly stating position and stamp or using electronic/digital signature as prescribed)

 

Form No. 03[41]

RULES OF THE PROMOTION PROGRAM

(Attached to Circular No. ... dated .../.../20... of ...)

1. Name of the promotion program: ...

2. Promoted goods and services: ...

Quantity of promoted goods and services (if applicable) ...

3. Promotion period: ...

4. Promotion area (scope): ...

5. Promotion form (specify if it involves chance-based promotion or other forms): ...

6. Customers of the promotion program (beneficiaries of the promotion):

Specific provisions regarding eligible participants and ineligible participants in the promotion program (applicable or not applicable to employees of the enterprise, agents, distributors, advertisers, printing companies serving the promotion program, minors, children...): ...

7. Prize structure:

Prize structure

Prize content (detailed content and code of each prize)

Prize value (VND)

Number of prizes

Total value (VND)

Prize...

 

 

 

 

Prize...

 

 

 

 

Prize...

 

 

 

 

Total:

 

 

Total prize value compared to total value of promoted goods.

8. Detailed rules of the promotion program:

8.1 Specific conditions, procedures, and formalities that customers must fulfill to participate in the promotion program: ...

8.2 Time and method of issuing evidence of winning

- In cases where issued along with goods: Clearly specify attached, enclosed, placed inside the goods or other methods: ...

- In cases where issued separately from goods: Clearly specify time and method of issuance (direct delivery, postal service, text message... to customers): ...

8.3 Provisions on evidence of winning

- Detailed description of evidence of winning and validity of evidence of winning;

- Total number of evidence of winning (scratch cards, lottery tickets, bottle caps, can tabs, entry codes...) issued: ...

8.4 Time, location, and method of determining winners:

- Time of determining winners: ...

- Location of determining winners: ...

- Method of determining winners (clearly describe the method of drawing lots, lottery, spinning wheel, scratching, opening caps, opening tabs... for each type of prize): ...

8.5 Notification of winning:

- Deadline and method (direct, postal service, text message...) of notifying winning customers:...

- Or deadline and method of receiving notification of winning from customers: ..

8.6 Time, location, method, and procedures for awarding prizes

- Award location: ...

- Method of awarding prizes: ...

- Procedures for awarding prizes: ...

- Deadline for ending prize awards: ...

- Responsibilities of winning customers for incidental expenses incurred when claiming prizes, non-resident income tax: ...

9. Point of contact for customer inquiries about issues related to the promotion program (contact person, telephone...).

10. Responsibility for publicizing information:

- Regulations on the responsibility of traders to publicly announce detailed content of the promotion program rules (on media or at the promotion site or attached to promotional products...):

- Provisions regarding the responsibility of traders to announce the results of the draw (at the promotion location or through information media or on the trader's website): …

11. Other provisions (if any): …

 

 

REPRESENTATIVE OF THE TRADER
(Signature, clearly stating position and stamp or using electronic/digital signature as prescribed)

 

Form number 04

MINISTRY OF INDUSTRY AND TRADE
MARKETING PROMOTION DEPARTMENT
(INDUSTRY AND COMMERCE DEPARTMENT…)
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

No.: …
Regarding confirmation of registration for implementation of promotions

………, day …. month …. year 20…….

 

Respectfully submitted to:

- Service promotion traders (if any);
- Traders implementing promotions for goods and services
(not being service promotion traders).

Pursuant to the Commercial Law, Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Commercial Law on marketing promotion activities;

In response to the letter No…… dated... month... year... of (name of trader) registering to implement promotions, the Marketing Promotion Department (Industry and Commerce Department) confirms the registration to implement promotions with the following content:

- Name of the promotion program: …

- Goods and services subject to promotion: …

Quantity of goods and services (if any): …

- Goods and services used for promotion: …

- Duration of promotion: …

- Territory (scope) of promotion implementation: …

- Form of promotion: …

- Customers of the promotion program (beneficiaries of the promotion): …

- Prize structure: …

- Names of traders jointly implementing the promotion program, specific contents of participation and specific responsibilities of each participating trader (In case multiple traders cooperate to implement the promotion program or a service promotion trader implements promotion for goods and services of another trader according to agreement).

- Traders promoting their own goods and services shall be responsible for reporting the results of the promotion, storing and bearing responsibility for related documents and records in accordance with the law to serve inspection, supervision, and monitoring work.

- The implementation of the promotion program must comply with the regulations of the law on marketing promotion activities and other relevant laws.

The terms and conditions of the promotion program of the trader are attached.

 

 

Place of Receipt:
- As above;
- …………
- To be filed: VT,...

DIRECTOR
(DIRECTOR)

(Signature and stamp)

 

Form number 05

MINISTRY OF INDUSTRY AND TRADE
MARKETING PROMOTION DEPARTMENT
(INDUSTRY AND COMMERCE DEPARTMENT…)
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

No.: …
Regarding non-confirmation of registration to implement promotions

………, day …. month …. year 20…….

 

Respectfully submitted to: ...

Pursuant to the Commercial Law, Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Commercial Law on marketing promotion activities;

Upon examination of the file attached to the letter No ………dated... month... year... of (name of trader) registering to implement the promotion program (name of program, time, territory of promotion);

The Marketing Promotion Department (Industry and Commerce Department) does not confirm the registration to implement the promotion program (name of promotion program) of (name of trader) due to the reason: …

The Marketing Promotion Department (Industry and Commerce Department) informs (name of trader) to be aware and act accordingly./.

 

 

Place of Receipt:
- As above;
- …………
- To be filed: VT,...

DIRECTOR
(DIRECTOR)

(Signature and stamp)

 

Model No. 06[42]

NAME OF MERCHANT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: …….

..., day ... month ... year 20...

 

NOTICE OF AMENDMENTS AND ADDITIONS TO THE CONTENT OF THE PROMOTION PROGRAM

Respectfully submitted to: ...

Name of trader: ...

Main Office Address:...

Telephone: ... Fax: ... Email: ...

Contact person: ... Telephone: ...

Pursuant to the letter No …dated... month... year... of (Name of trader) notifying the implementation of the promotion program (name of program, time, territory of promotion);

(Name of trader) notifies amendments and additions to the content of the promotion program as follows: …

Start date of implementing the amended and supplemented content: …

Reason for adjustment: …

All other contents of this promotion program remain unchanged.

(Name of trader) commits:

- To publicly announce information about the promotion program (which has been amended and supplemented) in accordance with the regulations.

- To ensure full rights of customers who have participated in the promotion program.

- To implement the promotion program in compliance with current laws.

- (Other commitments …).

 

 

REPRESENTATIVE OF THE TRADER
(Signature, clearly stating position and stamp or using electronic/digital signature as prescribed)

 

Model No. 06a[43]

NAME OF MERCHANT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: …….

..., day ... month ... year 20...

 

REGISTRATION FOR AMENDMENTS AND ADDITIONS TO THE CONTENT OF THE PROMOTION PROGRAM

Respectfully submitted to: ...

Name of trader: ...

Main Office Address:...

Telephone: ... Fax: ... Email: ...

Contact person: ... Telephone: ...

Pursuant to the letter No …dated... month... year... of the Marketing Promotion Department (Industry and Commerce Department) confirming the implementation of the promotion program (name of program, time, territory of promotion);

(Name of trader) registers for amendments and additions to the content of the promotion program as follows:

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

Start date of implementing the amended and supplemented content: …

Reason for adjustment: …

All other contents of this promotion program remain unchanged.

(Name of trader) commits:

- To publicly announce information about the promotion program (which has been amended and supplemented) in accordance with the regulations.

- To ensure full rights of customers who have participated in the promotion program.

- To implement the promotion program in compliance with current laws.

- (Other commitments …).

 

 

REPRESENTATIVE OF THE TRADER
(Signature, clearly stating position and stamp or using electronic/digital signature as prescribed)

 

Model No. 07[44]

NAME OF MERCHANT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: …….

..., day ... month ... year 20...

 

REPORT ON IMPLEMENTATION OF PROMOTIONS

Respectfully submitted to: ...

Name of trader: ...

Main Office Address:...

Telephone: ... Fax: ... Email: ...

Business Registration Number:...

Contact person: ... Telephone: ...

Pursuant to the letter No …dated... month... year... of the Marketing Promotion Department (Industry and Commerce Department) confirming the registration to implement the promotion program (name of program, time, territory of promotion);

After the conclusion of the promotion program, (name of trader) reports in detail about the results of the promotion program (name of program) as follows:

Prize structure announced

Prize content

Announced prize value (VND)

Announced number of prizes

Number of prizes without winners

Value of prizes without winners (VND)

Prize...

 

 

 

 

 

….

 

 

 

 

 

Total

 

 

 

 

1. Total value of prizes according to the announced rules: …

2. Total value of prizes awarded: …

3. Total value of prizes without winners (unclaimed prizes): …

(In case of promotional activities involving chance)

4. (Name of trader) attaches the following:

(In case of promotional activities involving chance)

- Minutes of organizing the determination of the draw results.

- Minutes of implementing the issuance of evidence of winning attached to the promotional goods (In case evidence of winning is issued together with the goods; Attached, affixed, placed inside the goods or similar methods).

5. Proposals and recommendations of the trader: …

6. (Name of trader) fully assumes responsibility for the accuracy of the above information.

 

 

REPRESENTATIVE OF THE TRADER
(Signature, clearly stating position and stamp or using electronic/digital signature as prescribed)

 

Model No. 08[45]

MINISTRY OF INDUSTRY AND TRADE
MARKETING PROMOTION DEPARTMENT
(INDUSTRY AND COMMERCE DEPARTMENT)
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

No.: …/QĐ-...

…, day …month …year ...

 

Pursuant to …;

On the matter of paying 50% of the value of unclaimed prizes from the promotion program into the state budget

DIRECTOR OF THE MARKETING PROMOTION DEPARTMENT
(DIRECTOR OF INDUSTRY AND COMMERCE DEPARTMENT)

Pursuant to the letter No…dated…month…year…of the Marketing Promotion Department (Industry and Commerce Department) confirming (name of trader) implementing the promotion program (name of program);

Pursuant to the report No…dated…month…year…of (name of trader) on the results of implementing the promotion program (name of program, promotion period).

DECISION:

Article 1. Pay 50% of the announced value of unclaimed prizes from the promotion program (name of program) implemented by (name of trader) from day... month... year... to day... month... year...

Article 2. (name of trader) is responsible for paying into the state budget

- Amount: …dong (in words).

- Into the State Treasury (province, city... of the issuing authority).

- Content: Pay to the state budget 50% of the announced value of prizes without winners from the promotional program (name of the program).

Article 3. (name of the trader) shall implement this decision within 30 working days from the date of receipt of the Decision/.

 


Place of Receipt:
- As Article 2;
- State Treasury of the province/city...
(place where the decision on collection was issued);
- Provincial Tax Department/City Tax Department...
(place where the trader's main office is located);
- To be filed: VT,…

DIRECTOR
(DIRECTOR OF THE DEPARTMENT)

(Signature and stamp)

 

Form number 09[46]

(Repealed)

 

Form number 10[47]

NAME OF MERCHANT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: …….

..., day ... month ... year 20...

 

APPLICATION FOR ORGANIZING TRADE FAIRS AND EXHIBITIONS

Respectfully submitted to: ...

- Name of the trader: …

- Main office address: ...

Telephone: ... Fax: ... Email: ...

Business Registration Number:...

Contact person: ... Telephone: ...

(Name of the trader) applies to organize trade fairs and exhibitions …
in the province/city (abroad) as follows:

1. Trade fair/exhibition No. 1:

- Vietnamese name (full name/abbreviation): …

- English name (full name/abbreviation): …

- Time: …

- Location: …

- Theme (if any): …

- Expected industries to participate: …

- Expected scale (number of booths or number of enterprises): …

- Displaying fake goods or goods infringing intellectual property rights for comparison with genuine products (if any).

- Organizing award ceremonies, quality certifications, titles for goods and services, reputation certifications, titles for traders, organizations, or individuals participating in trade fairs and exhibitions (if any) …

- Using the name of the province/city (if any): …

2. Trade fair/exhibition No. …

- Vietnamese name (full name/abbreviation): …

- English name (full name/abbreviation): …

- Time: …

- Location: …

- Theme (if any): …

- Expected industries to participate: …

- Expected scale (number of booths or number of enterprises): …

- Displaying fake goods or goods infringing intellectual property rights for comparison with genuine products (if any).

- Organizing award ceremonies, quality certifications, titles for goods and services, reputation certifications, titles for traders, organizations, or individuals participating in trade fairs and exhibitions (if any) …

- Using the name of the province/city (if any) …

(Name of the trader) commits to strictly comply with and fully take responsibility for the contents registered according to current laws.

Within 30 days from the end of the trade fair/exhibition, (name of the trader) will report the results of implementation to the Bureau (Department).

 

 

REPRESENTATIVE OF THE TRADER
(Signature, clearly stating position and stamp or using electronic/digital signature as prescribed)

___________________________

The contents: Name of the trader, main office address, phone number, business registration code must be fully and accurately filled out as stated on the business registration certificate.

 

Form No. 11

MINISTRY OF INDUSTRY AND TRADE
MARKETING PROMOTION DEPARTMENT
(INDUSTRY AND COMMERCE DEPARTMENT)
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

No.: …
Regarding confirmation of application for organizing trade fairs and exhibitions

………, day …. month …. year …….

 

Respectfully submitted to: ...

Pursuant to the Commercial Law, Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Commercial Law on trade promotion activities; …

In response to the letter No. … dated … month … year … of (name of the trader) regarding the application for (changing, supplementing the content of the application) organizing trade fairs and exhibitions (abroad), the Department of Trade Promotion (Department of Industry and Trade) confirms that (name of the trader) has applied for (changing, supplementing the content of the application) organizing trade fairs and exhibitions (abroad) with the following contents:

Name of the trade fair/exhibition: .................................................................................

- Vietnamese name (full name/abbreviation): …

- English name (full name/abbreviation): …

- Time: …

- Location: …

- Theme (if any): …

- Expected industries to participate: …

- Expected scale (number of booths or number of enterprises): …

- Displaying fake goods or goods infringing intellectual property rights for comparison with genuine products (if any)

- Organizing award ceremonies, quality certifications, titles for goods and services, reputation certifications, titles for traders, organizations, or individuals participating in trade fairs and exhibitions (if any) …

- Using the name of Vietnam or the name of the province/city (if any) …

(Name of the trader) shall be responsible for:

- Strictly implementing the provisions of the Commercial Law, Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Commercial Law on trade promotion activities and related regulations (of the host country) (in case of organizing trade fairs and exhibitions abroad).

- Completing administrative procedures with competent authorities (if any) before organizing award ceremonies, quality certifications, titles for goods and services, reputation certifications, titles for traders, organizations, or individuals participating in trade fairs and exhibitions.

- Reporting the results to the Department of Trade Promotion (Department of Industry and Trade) on the implementation of the registered contents and specific recommendations./.

 

 

Place of Receipt:
- As above;
- …………
- To be filed: VT,...

DIRECTOR
(DIRECTOR)

(Signature and stamp)

 

Form No. 12

MINISTRY OF INDUSTRY AND TRADE
MARKETING PROMOTION DEPARTMENT
(INDUSTRY AND COMMERCE DEPARTMENT)
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

No.: …
Regarding non-confirmation of application for organizing trade fairs and exhibitions

………, day …. month …. year …….

 

Respectfully submitted to: ...

Pursuant to the Commercial Law, Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Commercial Law on marketing promotion activities;

Upon reviewing the attached file sent along with the letter No. … dated … month … year … of (name of the trader) applying for (changing/supplementing the content of the application) organizing trade fairs and exhibitions;

The Department of Trade Promotion (Department of Industry and Trade) does not confirm the application (changing, supplementing the content of the application) for the following trade fairs and exhibitions:

1 ..........................................................................................................................................

2 ..........................................................................................................................................

Reason: …

The Department of Trade Promotion (Department of Industry and Trade) informs (name of the trader) and requests compliance./.

 

 

Place of Receipt:
- As above;
- …………
- To be filed: VT,...

DIRECTOR
(DIRECTOR)

(Signature and stamp)

 

Form number 13[48]

NAME OF ENTERPRISE
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: …….

..., day ... month ... year 20...

 

APPLICATION FOR AMENDMENT AND SUPPLEMENTATION OF CONTENTS OF ORGANIZING TRADE FAIRS AND EXHIBITIONS

Respectfully submitted to: ...

Name of trader: ...

Main Office Address:...

Telephone: ... Fax: ... Email: ...

Contact person: ... Telephone: ...

Based on the letter No. … dated … month … year … of the Department of Trade Promotion (Department of Industry and Trade) confirming the application for organizing trade fairs and exhibitions in ……… in ………, (name of the trader) requests to amend and supplement some of the registered contents for organizing trade fairs and exhibitions as follows:

Name of the trade fair/exhibition: ............................................................................

- Vietnamese name (full name/abbreviation): …

- English name (full name/abbreviation): …

- Time: …

- Location: …

- Theme (if any): …

- Expected industries to participate: …

- Expected scale (number of booths or number of enterprises): …

- Displaying fake goods or goods infringing intellectual property rights for comparison with genuine products (if any).

- Organizing award ceremonies, quality certifications, titles for goods and services, reputation certifications, titles for traders, organizations, or individuals participating in trade fairs and exhibitions (if any) …

- Using the name of Vietnam or the name of the province/city (if any).

(Name of the trader) commits to strictly comply with and fully take responsibility for organizing the trade fair/exhibition according to current laws.

Within 30 days from the end of the trade fair/exhibition, (name of the trader) will report the results of implementation to the Bureau (Department).

 

 

REPRESENTATIVE OF THE TRADER
(Signature, clearly stating position and stamp or using electronic/digital signature as prescribed)

 

Form number 14[49]

NAME OF ENTERPRISE
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number: …….

…, day ... month … year ...

 

REPORT

RESULTS OF ORGANIZING TRADE FAIRS AND EXHIBITIONS

Respectfully submitted to: ...

Name of trader: ...

Main Office Address:...

Telephone: ... Fax: ... Email: ...

Business Registration Number:...

Contact person: ... Telephone: ...

Based on the letter No. … dated … month … year … of the Department of Trade Promotion (Department of Industry and Trade) confirming the application for organizing trade fairs and exhibitions;

After completion, (name of the trader) reports as follows:

1. Specific results of organizing trade fairs and exhibitions

Serial number

Name of the confirmed trade fair/exhibition (name, time, location)

Scale of participation by Vietnam

Scale of participation by foreign countries (if any)

Transaction results: Number of contracts, agreements signed; number of visitors and transactions; other results

Number of booths

Number of enterprises

Number of booths

Number of enterprises

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Recommendations and suggestions to the Department of Trade Promotion (Department of Industry and Trade):...

 

 

REPRESENTATIVE OF THE TRADER
(Signature, clearly stating position and stamp or using electronic/digital signature as prescribed)

 

Form number 15[50]

PROVINCE/CITY PEOPLE'S COMMITTEE...
DEPARTMENT OF INDUSTRY AND TRADE …
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Number:

No.: No.: ... / ...-DA

 

REPORT

STATE MANAGEMENT WORK ON TRADE PROMOTION IN YEAR…

(From December 15, ... to December 14, ...)

Respectfully submitted to:

- MINISTRY OF INDUSTRY AND TRADE;
- People's Committee of the province/city...

Implementing state management work on trade promotion in the province/city (province/city …), the Department of Industry and Trade (province/city ...) reports the results as follows:

1. On state management of promotional activities: (Attached) ANNEX 1 (attached)

2. On state management of trade fair and exhibition activities: (Attached) Appendix 2 (attached)

3. On administrative reform work:

- Simplifying administrative procedures (specify the content and method of simplification):

- Administrative modernization (application of technology and techniques; level of providing online public services for each administrative procedure carried out by the Department of Industry and Trade, ratio of files received and processed through the online public service system...):

4. Publicity and dissemination of laws (specify specific forms of publicity and dissemination of laws such as training, seminars, posting on websites, etc.; quantity and frequency of implementation).

5. Overall assessment of state management work on trade promotion:

- Strengths:

- Limitations/difficulties:

6. Proposals and recommendations:

- Regarding administrative procedures:

- Regarding regulatory legal documents:

- Regarding organization/machinery:

- Other recommendations:

 


Place of Receipt:
- As above;
- Department of Trade Promotion;
- To be filed:...

(LEADERSHIP OF THE DEPARTMENT)
(Sign and write full name)

 

1. Clarify the thoughts of cadres and workers, unite cadres, unite workers, unite old and new members, and unite Northern and Southern compatriots. Resolve political and material benefits for those who were wrongly treated, first restoring political rights; restore normal activities in all aspects in enterprises, construction sites, and agricultural farms.

- Font: UNICODE, Times New Roman, Size: 13 or 14;

- Data compilation period from December 15 of the previous reporting year to December 14 of the current reporting year;

- Soft copy sent to [email protected].

 

ANNEX 1

SITUATION OF STATE MANAGEMENT ON PROMOTION IN THE YEAR...

Serial number

Report content

Data

1

Results of handling Administrative Procedures (AP) on promotion

1.1

Number of AP Notification of promotional activities received and resolved

 

1.2

Number of AP Registration of promotional activities received and resolved

 

2

Total number of promotional programs (confirmed) with prizes without winners (prize backlog)

 

 

Total amount of money collected into the State budget for prizes without winners

 

3

Supervision and monitoring of certain promotional activities by the Department of Industry and Trade

3.1

Total number of promotional programs (PP) that the Department of Industry and Trade has organized to monitor the issuance of evidence confirming winning attached to goods

 

3.2

Total number of PP that the Department of Industry and Trade has organized to monitor the organization of contests/awards/determination of winners

 

4

Inspection and supervision of compliance with laws in promotional activities by the Department of Industry and Trade

4.1

Total number of PP inspected according to plan

 

Total number of PP inspected unexpectedly

 

4.2

Total number of PP checked according to plan

 

Total number of PP checked unexpectedly

 

5

Total number of cases and incidents violating regulations on promotions that were administratively sanctioned

 

Number of cases imposing fines

 

 

Number of cases imposing additional sanctions

 

 

Number of cases imposing sanctions to remedy consequences

 

 

Total amount of money collected from administrative sanctions

 

6

Total number of complaints/accusations/reflections/recommendations regarding promotional activities received and resolved by the Department

 

 

ANNEX 2

SITUATION OF STATE MANAGEMENT ON TRADE FAIRS AND EXHIBITIONS IN THE YEAR...

Serial number

Content

Quantity

1

Total number of AP registration for organizing trade fairs and exhibitions (TFTE) received and resolved in the year...

 

2

Total number of TFTE with organization time within the year... confirmed registered

 

 

Number of TFTE organized

 

 

Number of TFTE registered but not organized (reasons for non-organization)

 

3

Inspection and supervision of compliance with laws in TFTE activities by the Department of Industry and Trade

3.1

Total number of TFTE inspected according to plan

 

Total number of TFTE inspected unexpectedly

 

3.2

Total number of TFTE checked according to plan

 

Total number of TFTE checked unexpectedly

 

4

Number of cases and incidents violating regulations on TFTE that were administratively sanctioned

 

Number of cases imposing fines

 

 

Number of cases imposing additional sanctions

 

 

Number of cases imposing sanctions to remedy consequences

 

 

Total amount of fines collected from administrative sanctions

 

5

Nature of TFTE implemented in the year...

 

Number of comprehensive TFTE

 

 

Number of specialized TFTE

 

 

 

 

[1] Decree No. 128/2024/ND-CP amending and supplementing some articles of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Law on Commerce regarding trade promotion activities is based on the following grounds:

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

Pursuant to the Law on Trade dated June 14, 2005;

At the request of the Minister of Industry and Trade;"

[2] This provision is added to the basis for promulgation of Decree No. 128/2024/ND-CP dated October 10, 2024 of the Government amending and supplementing some articles of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Law on Commerce regarding trade promotion activities, which takes effect from December 1, 2024.

[3] This clause is amended pursuant to point a, Clause 1, Article 1 of Decree No. 128/2024/ND-CP dated October 10, 2024 of the Government amending and supplementing some articles of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Law on Commerce regarding trade promotion activities, which takes effect from December 1, 2024.

[4] This clause is amended pursuant to point b, Clause 1, Article 1 of Decree No. 128/2024/ND-CP dated October 10, 2024 of the Government amending and supplementing some articles of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Law on Commerce regarding trade promotion activities, which takes effect from December 1, 2024.

[5] This clause is amended pursuant to point c, Clause 1, Article 1 of Decree No. 128/2024/ND-CP dated October 10, 2024 of the Government amending and supplementing some articles of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Law on Commerce regarding trade promotion activities, which takes effect from December 1, 2024.

[6] This point is amended pursuant to point d, Clause 1, Article 1 of Decree No. 128/2024/ND-CP dated October 10, 2024 of the Government amending and supplementing some articles of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Law on Commerce regarding trade promotion activities, which takes effect from December 1, 2024.

[7] This clause is amended pursuant to Clause 2, Article 1 of Decree No. 128/2024/ND-CP dated October 10, 2024 of the Government amending and supplementing some articles of Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Law on Commerce regarding trade promotion activities, which takes effect from December 1, 2024.

[8] This clause has been amended pursuant to point a, Clause 3, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[9] This clause has been amended pursuant to point b, Clause 3, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[10] The term "postal road" is replaced by the term "postal service" pursuant to point a, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[11] This point has been abolished pursuant to Clause 3, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[12] This point has been amended pursuant to point c, Clause 3, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[13] The term "postal road" is replaced by the term "postal service" pursuant to point a, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[14] This point has been abolished pursuant to Clause 3, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[15] This point has been amended pursuant to Clause 4, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[16] The term "postal road" is replaced by the term "postal service" pursuant to point a, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[17] This point has been amended pursuant to Clause 4, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[18] This point has been abolished pursuant to Clause 3, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[19] The term "postal consignment note" is replaced by the term "postal service consignment note" pursuant to point b, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[20] The term "postal road" is replaced by the term "postal service" pursuant to point a, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[21] This clause has been amended pursuant to point a, Clause 6, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[22] The term "postal road" is replaced by the term "postal service" pursuant to point a, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[23] This point has been amended pursuant to point b, Clause 6, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[24] The term "postal consignment note" is replaced by the term "postal service consignment note" pursuant to point b, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[25] The term "postal road" is replaced by the term "postal service" pursuant to point a, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[26] This clause has been amended pursuant to point a, Clause 7, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[27] This clause has been amended pursuant to point b, Clause 7, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[28] The term "postal road" is replaced by the term "postal service" pursuant to point a, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[29] The term "postal consignment note" is replaced by the term "postal service consignment note" pursuant to point b, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[30] The term "postal road" is replaced by the term "postal service" pursuant to point a, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[31] This point has been abolished pursuant to Clause 3, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[32] The term "National Vietnam" is abolished pursuant to Clause 4, Article 21 of Decree No. 17/2020/NĐ-CP dated February 5, 2020 of the Government amending and supplementing certain provisions of Decrees related to investment business conditions under the Ministry of Industry and Trade's administrative management, which shall take effect from March 22, 2020.

[33] The provision "Organizing participation in foreign trade fairs and exhibitions in the name of National Vietnam must meet the standards prescribed by the Ministry of Industry and Trade" is abolished pursuant to Clause 4, Article 21 of Decree No. 17/2020/NĐ-CP dated February 5, 2020 of the Government amending and supplementing certain provisions of Decrees related to investment business conditions under the Ministry of Industry and Trade's administrative management, which shall take effect from March 22, 2020.

[34] The term "postal road" is replaced by the term "postal service" pursuant to point a, Clause 1, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[35] This point has been amended pursuant to point a, Clause 8, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[36] This clause has been abolished pursuant to Clause 3, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[37] This provision has been amended pursuant to point c, Clause 8, Article 1 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[38] Form No. 09 has been abolished pursuant to Clause 3, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[39] Form No. 01 has been replaced pursuant to point c, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[40] Form No. 02 has been replaced pursuant to point c, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[41] Form No. 03 has been replaced pursuant to point c, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[42] Form No. 06 has been replaced pursuant to point c, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[43] Form No. 06a has been added pursuant to point a, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[44] Form No. 07 has been replaced pursuant to point c, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[45] Form No. 08 has been replaced pursuant to point c, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[46] Form No. 09 has been abolished pursuant to Clause 3, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[47] Form No. 10 has been replaced pursuant to point c, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[48] Form No. 13 has been replaced pursuant to point c, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[49] Form No. 14 has been replaced pursuant to point c, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

[50] Form No. 15 has been added pursuant to point b, Clause 2, Article 2 of Decree No. 128/2024/NĐ-CP dated October 10, 2024 of the Government amending and supplementing certain provisions of Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Law on Trade regarding trade promotion activities, which shall take effect from December 1, 2024.

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26/VBHN-BCT
Consolidated Document number 26/VBHN-BCT Decree detailing the Trade Law on trade promotion activities
In effect
↓ 受本文件影响的文件
合并 7
17/2020/NĐ-CP Nghị định số 17/2020/NĐ-CP Sửa đổi, bổ sung một số điều của các Nghị định liên quan đến điều kiện đầu tư kinh doanh thuộc lĩnh vực quản lý nhà nước của Bộ Công Thương 生效中 18/2023/TT-BCT Thông tư số 18/2023/TT-BCT sửa đổi, bổ sung và bãi bỏ một số điều của các Thông tư quy định hoạt động kiểm định kỹ thuật an toàn lao động thuộc thẩm quyền quản lý của Bộ Công Thương 生效中 42/2019/TT-BCT Thông tư số 42/2019/TT-BCT Sửa đổi, bổ sung một số quy định về chế độ báo cáo định kỳ tại các Thông tư do Bộ trưởng Bộ Công Thương ban hành hoặc liên tịch ban hành 生效中 45/2018/TT-BCT Thông tư số 45/2018/TT-BCT Quy định vận hành Thị trường bán buôn điện cạnh tranh và sửa đổi, bổ sung một số điều của Thông tư số 56/2014/TT-BCT ngày 19 tháng 12 năm 2014 của Bộ Công Thương quy định phương pháp xác định giá phát điện, trình tự kiểm tra hợp đồng mua bán điện 已失效 09/2017/TT-BCT Thông tư số 09/2017/TT-BCT Quy định hoạt động kiểm định kỹ thuật an toàn lao động thuộc thẩm quyền quản lý của Bộ Công Thương 生效中 38/2016/TT-BCT Thông tư số 38/2016/TT-BCT Quy định định mức tiêu hao năng lượng trong ngành nhựa 已失效 56/2014/TT-BCT Thông tư số 56/2014/TT-BCT Quy định phương pháp xác định giá phát điện, trình tự kiểm tra hợp đồng mua bán điện 已失效

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