Decree No. 37/2006/ND-CP detailing the Trade Law on trade promotion activities

DECREE

Provides detailed regulations on commercial promotion activities pursuant to the Commercial Law

concerning commercial promotion activities

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

At the proposal of the Minister of Commerce,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations for implementing the Commercial Law regarding certain commercial promotion activities, including promotions; commercial advertising; trade fairs and exhibitions.

Article 2. Applicability

1. Business entities directly conducting commercial promotion activities and business entities operating commercial promotion service businesses.

2. Organizations engaged in activities related to commerce, subjects entitled to conduct commercial promotion activities as stipulated in Articles 91, 103, and 131 of the Commercial Law must comply with the provisions of this Decree when conducting commercial promotion activities.

3. Individuals independently and regularly engaging in commercial activities without having to register business operations as provided for in Clause 3, Article 2 of the Commercial Law may carry out commercial promotion activities as prescribed in this Decree like business entities, except for the activities specified in Articles 11, 12, 13, 34, and 36 of this Decree.

Article 3. State Management of Commercial Promotion Activities

1. The Ministry of Commerce is responsible before the Government for performing state management functions over commercial promotion activities as prescribed in the Commercial Law and this Decree.

2. Ministries, ministerial-level agencies, and government agencies within their respective tasks and authorities shall be responsible for coordinating with the Ministry of Commerce to perform state management over commercial promotion activities.

3. Provincial People's Committees (hereinafter referred to as provincial People's Committees), within their respective tasks and authorities, shall direct the Department of Commerce, the Department of Commerce and Tourism (hereinafter collectively referred to as the Department of Commerce) to implement state management over commercial promotion activities in accordance with the law.

Chapter II

PROMOTIONS

Section 1

PRINCIPLES FOR IMPLEMENTING PROMOTIONS,

MAXIMUM LIMIT OF THE VALUE OF GOODS AND SERVICES USED FOR PROMOTIONS AND THE MAXIMUM DISCOUNT LEVEL FOR

GOODS AND SERVICES BEING PROMOTED

GOODS AND SERVICES FOR PROMOTION

Article 4. Principles for Implementing Promotions

1. Promotion programs must be conducted legally, honestly, openly, transparently, and must not harm the legitimate interests of consumers, other business entities, organizations, or individuals.

2. No discrimination shall be made among customers participating in the same promotion program.

3. Business entities conducting promotion programs must ensure favorable conditions for winning customers to receive prizes and have the obligation to clearly and promptly resolve complaints related to the promotion program (if any).

4. Business entities conducting promotions are responsible for ensuring the quality of goods and services being promoted and the goods and services used for promotions.

5. It is prohibited to take advantage of customers' trust and lack of knowledge or experience to conduct promotions for the benefit of any business entity, organization, or individual.

6. Conducting promotions must not create direct comparisons between one's own goods and services and those of other business entities, organizations, or individuals with the aim of unfair competition.

7. Medicines for human use (including those already permitted for circulation) shall not be used for promotions.

Article 5. Maximum limit on the value of goods and services used for promotions

1. The material value used for promotion for a unit of goods or service subject to promotion shall not exceed 50% of the price of that unit of goods or service before the promotion period, except in cases where the promotion is conducted through forms specified in Articles 7, 8, 11, 12, and 13 of this Decree.

2. The total value of goods and services used for promotion implemented by a trader in a promotional program shall not exceed 50% of the total value of goods and services subject to promotion, except in cases where the promotion is conducted through the form specified in Article 7 of this Decree.

3. The value of goods and services used for promotion is the cost that the trader conducting the promotion must incur to obtain the goods and services used for promotion at the time of promotion, including one of the following cases:

a) When the trader conducting the promotion does not directly produce or import goods or does not directly supply services used for promotion, this cost is calculated based on the payment price of the trader conducting the promotion to purchase the goods and services used for promotion.

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

Article 6. Maximum discount rate for promoted goods and services

The maximum discount rate for promoted goods and services shall not exceed 50% of the price of those goods and services immediately prior to the promotion period.

Section 2

FORMS OF PROMOTION

Article 7. Providing sample goods, offering sample services for customers to try free of charge

1. Sample goods provided to customers, sample services offered to customers for trial use must be legal goods and services that the trader is currently selling or will sell on the market.

2. Upon receiving sample goods or sample services, customers are not required to make any payment obligations.

3. A trader implementing a promotion program through the provision of sample goods or sample services must be responsible for the quality of the sample goods and sample services and must provide customers with full information related to the use of sample goods and sample services.

Article 8. Giving goods to customers, providing services without charge; not tied to the purchase or sale of goods, provision of services

A trader implementing a promotion program through the form of giving goods to customers, providing services without charge, not tied to the purchase or sale of goods, provision of services, must be responsible for the quality of the goods given to customers and services provided without charge and must provide customers with full information related to the use of these goods and services.

Article 9. Selling goods, providing services at a lower price than the previous selling price

1. In the case of implementing a promotion through a price reduction, the discount rate for goods and services subject to promotion during the promotion period at any point in time must comply with the provisions of Article 6 of this Decree.

2. Price reductions for goods sold or services provided are not allowed when the prices of such goods or services are specifically regulated by the State.

3. Price reductions for goods sold or services provided are not allowed to fall below the minimum price level when the prices of such goods or services are within the range of prices or minimum prices regulated by the State.

4. The total duration of implementing a promotion program through price reductions for a brand of goods or services shall not exceed ninety days in a year; a single promotion program shall not exceed forty-five days.

5. It is strictly prohibited to take advantage of this promotional form to sell goods or services at dumping prices.

Article 10. Sale of goods and provision of services accompanied by purchase vouchers or service usage vouchers

Clause 1. Purchase vouchers or service usage vouchers accompanying sold goods or provided services are vouchers for purchasing goods or receiving services from the same trader or 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 5 of this Decree.

Clause 3. The contents of purchase vouchers or service usage vouchers must include related information as prescribed in Article 97 of the Trade Law.

Article 11. Sale of goods and provision of services accompanied by contest entry vouchers for customers to select prize winners according to announced rules and prizes

Clause 1. The contents of contest entry vouchers must include related information as prescribed in Article 97 of the Trade Law.

Clause 2. The content of the contest program must not contravene Vietnam's historical traditions, culture, ethics, and social customs.

Clause 3. The organization of contests and prize draws must be conducted publicly, with the presence of customer representatives, and must be notified to the Commerce Department where the contest and prize draw take place.

Clause 4. Traders conducting promotions must organize contests and award prizes according to the announced rules and prizes.

Article 12. Sale of goods and provision of services accompanied by participation in promotional programs with a chance element

Clause 1. Prize draws for promotional programs with a chance element must be conducted publicly, in accordance with the announced rules, with the presence of customers. In cases where the prize value is 100 million VND or more, traders must notify the competent state management agency for trade as stipulated in Clause 1 of Article 15 of this Decree.

Clause 2. In cases where winning is determined based on accompanying winning evidence with goods, traders conducting promotions must notify the competent state management agency for trade about the time and location for incorporating the winning evidence into the goods as stipulated in Clause 1 of Article 15 of this Decree.

Clause 3. Promotional programs with a chance element that issue lottery tickets for participation must comply with the following provisions:

a) Lottery tickets for participation must have a form different from state-monopoly lotteries and cannot use state lottery results to determine winning outcomes;

b) Lottery tickets for participation must print all contents regarding the number of issued tickets, the number of prizes, the value of each type of prize, the awarding location, the opening date and location of the draw, and other related contents as prescribed in Article 97 of the Trade Law;

c) The draw only applies to tickets that have been issued.

Clause 4. The total duration of promotion for a brand of goods or service within a year shall not exceed 180 (one hundred eighty) days, and a promotional program shall not exceed 90 (ninety) days.

Clause 5. Within thirty (30) days from the end of the prize awarding period, unclaimed prizes from promotional programs with a chance element must be remitted 50% of their announced value to the state budget as stipulated in Clause 4 of Article 96 of the Trade Law.

Clause 6. The Ministry of Finance shall coordinate with the Ministry of Trade to provide detailed guidance on implementing Clause 5 of this Article.

Article 13. Organization of customer loyalty programs

1. Business operators conducting promotions must comply with the provisions on notification of related information as stipulated in Article 97 of the Trade Law; they are responsible for promptly and accurately confirming customers' participation in customer loyalty programs.

2. Customer cards, purchase receipts for goods and services must contain the following main contents:

a) Clearly state the name of the card or receipt;

b) Conditions and methods for recording customers' participation in customer loyalty programs, purchases of goods and services by customers. In cases where it is not possible to fully record the contents specified herein, such contents must be provided promptly and fully to customers when they begin participating in the program;

c) Contents related as prescribed in Article 97 of the Trade Law.

Article 14. Promotions of goods and services through the Internet and other electronic means

For promotional programs where goods and services are purchased, sold, or supplied through the Internet and other electronic means, business operators conducting promotions must comply with the provisions on promotions under the Trade Law and this Decree.

Section 3

PROCEDURES AND REGULATIONS FOR REGISTRATION TO IMPLEMENT PROMOTIONS

Article 15. Notification of the organization and implementation of promotions

1. Business operators implementing promotion forms prescribed in Section 2 of this Chapter must submit a written notice about the promotion program to the Department of Commerce at the location where the promotion is organized at least 7 (seven) working days before the implementation of the promotion.

2. The content of the notification regarding the promotion program includes:

a) Name of the promotion program;

b) Area where the promotion is implemented; sales locations within the promotion program;

c) Form of promotion;

d) Goods and services being promoted and goods and services used for promotion;

đ) Start time, end time of the promotion program;

e) Customers of the promotion program;

g) Prize structure and total value of prizes in the promotion program.

3. For the form of promotion involving the sale of goods and supply of services accompanied by a contest entry ticket for customers to select prize winners according to the rules and prizes announced as prescribed in Article 11 of this Decree, within 7 (seven) working days from the deadline for awarding prizes in the promotion program, the business operator conducting the promotion shall have the responsibility to:

a) Submit a written report to the Department of Commerce at the location where the promotion is organized about the winning results;

b) Publicly announce the winning results on at least one mass media outlet in the province or centrally-administered city where the promotion program is organized and at sales locations within the promotion program.

Article 16. Procedures and regulations for registration to implement promotion programs by selling goods and supplying services accompanied by participation in chance-based programs

1. Promotion programs by selling goods and supplying services accompanied by participation in chance-based programs as prescribed in Article 12 of this Decree must be registered with the competent state management agency for trade as follows:

a) The Department of Commerce for promotion programs implemented within the territory of one province or centrally-administered city;

b) The Ministry of Trade for promotion programs implemented within the territory of two or more provinces or centrally-administered cities.

2. The registration dossier for implementing a promotion program includes:

a) A written request to implement a promotion program in accordance with the model of the Ministry of Trade. The content of the registration to implement the promotion program includes: name of the promotion program; area of promotion; goods and services being promoted; goods and services used for promotion; promotion period; customers of the promotion program;

b) Rules of the promotion program;

c) Sample lottery tickets for the promotion program if lottery tickets are issued;

d) Images of promoted goods and goods used for promotion;

đ) Sample prize certificates (if any);

e) Copies of quality confirmation certificates for promoted goods and goods used for promotion as required by law (if any).

3. Within 7 (seven) working days from the date of receiving a valid registration dossier for implementing a promotion program, the competent state management agency for trade as prescribed in Clause 1 of this Article shall examine and confirm in writing the business operator's registration to implement the promotion program; in case of non-confirmation, a written notification must be issued stating the reasons.

4. The confirmation document for the registration to implement the promotion program must include the following contents:

a) Name of the promotion program;

b) Form of promotion;

c) Name, address, telephone number of the business operator implementing the promotion program;

d) Goods and services being promoted;

đ) Goods and services used for promotion; total prize value;

e) Promotion period;

g) Area organizing the promotion; sales locations within the promotion program;

h) Handling of unsold prizes;

i) Rules of the promotion program;

k) Other obligations of the business operator implementing the promotion.

5. In cases where the Ministry of Trade is the confirming authority for the implementation of the promotion program, the business operator implementing the promotion program has the responsibility to send a written notice to the Department of Commerce at the location where the promotion program is implemented along with a copy of the confirmation document from the Ministry of Trade before implementing the promotion program.

6. Within 45 (forty-five) days from the deadline for awarding prizes in the promotion program, the business operator implementing the promotion program must submit a written report to the competent state management agency for trade as prescribed in Clause 1 of this Article about the results of the promotion program and the handling of 50% of the value of prizes without winners (if any).

The business operator implementing the promotion program has the responsibility to publicly announce the winning results on at least one mass media outlet in the province or centrally-administered city where the promotion program is organized and at sales locations within the promotion program.

Article 17. Procedures and formalities for registering to implement promotional programs through other forms

1. Promotional programs outside the forms prescribed in Section 2 of this Chapter shall only be implemented after receiving approval documentation from the Ministry of Commerce.

2. The registration dossier for implementing a promotional program shall include the contents stipulated in Clause 2 of Article 16 of this Decree.

3. Within 7 (seven) working days from the date of receipt of a valid application dossier for implementing a promotional program, the Ministry of Commerce shall examine and confirm in writing the registration of the business entity to implement the promotional program; in case of non-confirmation, it must notify in writing and specify the reasons.

4. Prior to implementing a promotional program, the business entity conducting the promotion shall have the responsibility to send a notification letter to the Department of Commerce where the promotion will take place, accompanied by a copy of the approval document from the Ministry of Commerce.

5. Within 45 (forty-five) days from the end date of the award period of the promotional program, the business entity conducting the promotion must submit a report in writing to the Ministry of Commerce on the results of the promotional program.

Article 18. Announcing results and awarding prizes in promotional programs

In cases where a promotional program includes prize awards, the time limit for announcing results and awarding prizes shall not exceed 30 (thirty) days from the end date of the promotional program.

Article 19. Termination of implementation of promotional programs

Business entities conducting promotions may not terminate the implementation of a promotional program before the announced deadline or the deadline confirmed by competent state management agencies, except in the following cases:

1. In cases of force majeure, the business entity may terminate the promotional program before the deadline but must publicly announce this to customers and competent state management agencies for commerce.

2. In cases where the business entity is ordered by competent state management agencies for commerce to suspend the implementation of the promotional program before the deadline as stipulated in Article 20 of this Decree.

Article 20. Suspension of implementation of promotional programs

1. Competent state management agencies for commerce have the right to suspend the entire or part of a business entity's promotional program if they discover violations falling under any of the following circumstances:

a) Violations of provisions set forth in Article 100 of the Commercial Law and Article 4 of this Decree;

b) Failure to implement or incorrect or incomplete implementation of the contents registered with competent state management agencies for commerce in the rules of the promotional program.

2. Business entities whose promotional programs are suspended shall have the obligation to publicly announce the termination of the promotional program and fulfill all commitments made to participating customers, except in cases provided for in Clause 3 of this Article.

3. Business entities using prohibited goods or services; restricted goods or services; goods not yet permitted for circulation, services not yet permitted for supply; alcohol, beer to promote to persons under 18 years old; cigarettes, alcohol with an alcohol content of 30 degrees or higher; medicines for promotion in any form, when suspended from implementing the promotional program, must terminate the entire implementation of the promotional program.

Chapter III

COMMERCIAL ADVERTISING

Section 1

CONTENT OF COMMERCIAL ADVERTISING PRODUCTS

Article 21. Protection of intellectual property rights in commercial advertising activities

1. The use of commercial advertising products containing objects protected by intellectual property rights must be with the consent of the owner of the object protected by intellectual property rights.

2. Businesses have the right to register for protection of intellectual property rights for commercial advertising products in accordance with the provisions of the law.

Article 22. Commercial Advertising Products Containing Comparative Content with Counterfeit Goods and Goods Infringing Intellectual Property Rights

Businesses have the right to compare their goods with counterfeit goods and goods infringing intellectual property rights in commercial advertising products after obtaining confirmation from competent state management agencies regarding the use of counterfeit goods and goods infringing intellectual property rights for comparison purposes.

Article 23. Protection of Children in Commercial Advertising Activities

1. Commercial advertising for goods that are nutritional products for children must comply with the provisions of the law on business operations and the use of nutritional products for children.

2. It is not allowed to take advantage of children's lack of knowledge and experience to include in the content of commercial advertising products the following information:

a) Reducing children's trust in their families and society;

b) Directly requesting or encouraging children to ask their parents or others to purchase advertised goods or services;

c) Persuading children that using advertised goods or services will give them an advantage over children who do not use such goods or services;

d) Creating thoughts, speech, or actions in children that are contrary to morality, customs, and traditions, causing negative impacts on their health, safety, or normal development.

Article 24. Commercial Advertising for Goods and Services Related to Healthcare

Commercial advertising for goods and services related to pharmaceuticals, vaccines, medical biological products, medical equipment and devices, treatment methods, medicinal drugs, and health supplements must comply with the provisions of the law on healthcare.

Article 25. Commercial Advertising for Goods and Services Related to Veterinary Drugs, Plant Protection Chemicals, Fertilizers, Livestock Feed, and Animal and Plant Breeds

Commercial advertising for goods and services related to veterinary drugs, plant protection chemicals, fertilizers, livestock feed, animal breeds, and plant breeds must comply with relevant legal provisions and may not contain the following contents:

1. Assertions about safety and non-toxicity without confirmation from competent state management agencies.

2. Assertions about efficacy and functions of veterinary drugs, plant protection chemicals, fertilizers, livestock feed, and animal and plant breeds without scientific basis.

3. Using voices, writings, or images that violate safe usage procedures and methods for veterinary drugs and plant protection chemicals.

Article 26. Commercial Advertising for Goods Subject to Quality Standards and Technical Regulations

In addition to goods not subject to quality standards and technical regulations, businesses are only permitted to engage in commercial advertising for goods subject to corresponding quality standards and technical regulations after such goods have been certified as compliant with quality standards or technical regulations by competent state management agencies or have had their quality standards published.

Section 2

LIABILITIES FOR IMPLEMENTING COMMERCIAL ADVERTISING

Article 27. Liability for the Content of Commercial Advertising Products

1. A commercial trader conducting commercial advertising shall bear full responsibility under the law if the content of their advertising products violates the prohibited advertising contents stipulated in the Commercial Law and the provisions on advertising products set forth in this Decree; they must comply with the current legal regulations on the use of advertising media.

2. The head of the management agencies of mass media, communication means, online newspapers, and publication types shall be responsible for commercial advertising products advertised through the advertising media they manage.

Article 28. Suspension of Commercial Advertising

1. The state management agency for commerce shall cooperate with the licensing authority to suspend commercial advertising when discovering that the content of commercial advertising products violates legal provisions.

2. In cases where commercial advertising is suspended, the commercial traders having commercial advertising products and the management agencies of advertising media have the obligation to comply with the decisions of the state management agencies mentioned in Clause 1 of this Article.

Chapter IV

TRADE FAIRS AND EXHIBITIONS

Section 1

GOODS AND SERVICES DISPLAYED AND INTRODUCED

AT TRADE FAIRS AND EXHIBITIONS

Article 29. Labeling of Goods for Goods Displayed and Introduced 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 legal provisions on product labeling.

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

Article 30. Display of Counterfeit Goods and Goods Violating Intellectual Property Rights for Comparison with Genuine Goods

1. The organization of displaying counterfeit goods and goods violating intellectual property rights for comparison with genuine goods must be approved by the competent state management agency for commerce in accordance with the law.

2. Counterfeit goods and goods violating intellectual property rights displayed for comparison with genuine goods must be confirmed by the competent state management agency in accordance with the law as being counterfeit or violating intellectual property rights.

3. When displayed, counterfeit goods and goods violating intellectual property rights must clearly indicate that they are counterfeit or violating intellectual property rights.

Article 31. Use of Names and Themes of Trade Fairs and Exhibitions

1. Commercial traders and organizations involved in commercial activities have the right to choose the name and theme of trade fairs and exhibitions when organizing them.

2. In cases where the name or theme of a trade fair or exhibition uses terms to promote the quality, title, reputation, or title of traders, organizations, or individuals participating in the trade fair or exhibition, the commercial traders and organizations involved in commercial activities organizing the trade fair or exhibition must comply with the following provisions:

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

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

Article 32. Granting awards, quality certifications, titles for goods and services, credibility certifications, and titles for traders, organizations, or individuals participating in trade fairs and exhibitions

The granting of awards, quality certifications, titles for goods and services, or credibility certifications and titles for traders, organizations, or individuals participating in trade fairs and exhibitions shall be carried out in accordance with relevant laws.

Article 33. Temporary importation and re-exportation of goods and services participating in trade fairs and exhibitions in Vietnam; temporary exportation and re-importation of goods and services participating in trade fairs and exhibitions abroad

The temporary importation and re-exportation of goods participating in trade fairs and exhibitions in Vietnam; temporary exportation and re-importation of goods and services participating in trade fairs and exhibitions abroad must comply with the provisions of the Customs Law and other relevant laws.

Section 2

PROCEDURE AND REGULATIONS FOR REGISTRATION OF ORGANIZATION AND PARTICIPATION

TRADE FAIRS AND EXHIBITIONS

Article 34. Organization of trade fairs and exhibitions in Vietnam

1. The organization of trade fairs and exhibitions must be registered at the Department of Commerce in the location where the trade fair or exhibition is to be held before October 1st of the year preceding the year of the event.

2. The Department of Commerce shall confirm in writing the registration of the organization of trade fairs and exhibitions by traders and organizations engaged in commerce not later than November 1st of the year preceding the year of the event. In case of non-confirmation of the registration of the organization of trade fairs and exhibitions, the Department of Commerce must notify in writing and specify the reasons within the time limit stipulated in this clause.

3. Where two or more traders or organizations engaged in commerce register to organize trade fairs and exhibitions with the same name, theme, time, and venue, the Department of Commerce shall organize negotiations to select the trader or organization engaged in commerce that will organize such trade fairs and exhibitions.

4. In case the negotiation provided for in Clause 3 of this Article does not reach a result, the Department of Commerce shall decide to confirm the registration for one trader or organization engaged in commerce to organize the trade fairs and exhibitions based on the following grounds:

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

b) Organizing capacity for trade fairs and exhibitions;

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

d) Evaluation by related industry associations.

5. Within thirty days from the end of the trade fair or exhibition, the trader or organization engaged in commerce must submit a report in writing to the Department of Commerce on the results of organizing the trade fair or exhibition according to the contents registered with the Department of Commerce.

Article 35. Modification and Supplement of Registration Content for Organizing Trade Fairs and Exhibitions in Vietnam

1. In case of modification or supplement of the registration content for organizing trade fairs and exhibitions, the trader or organization engaged in commerce must send a written notice to the Department of Commerce not less than thirty days and not more than forty-five days before the opening day of the trade fair or exhibition, depending on the registration content guided by the Ministry of Commerce.

2. The Department of Commerce shall confirm in writing the modification or supplement of the registration content for organizing trade fairs and exhibitions within ten working days from the date of receipt of a valid registration document. In case of non-confirmation of the modification or supplement of the registration content for organizing trade fairs and exhibitions, the Department of Commerce must respond in writing and specify the reasons within the time limit stipulated in this clause.

Article 36. Organizing for traders, organizations, and individuals to participate in trade fairs and exhibitions abroad

1. The organization for traders, organizations, and individuals to participate in trade fairs and exhibitions abroad must be registered with the Ministry of Commerce before October 1st of the year preceding the year of organization.

2. The Ministry of Commerce shall confirm in writing the registration for organizing for traders, organizations, and individuals to participate in trade fairs and exhibitions abroad no later than November 1st of the year preceding the year of organization. In case of non-confirmation of the registration, the Ministry of Commerce must notify in writing and specify the reasons within the time limit stipulated in this Clause.

3. In cases where two or more traders or organizations engaged in commerce register to organize trade fairs and exhibitions abroad with the same name, theme, time, and location, the Ministry of Commerce shall organize consultations to select the trader or organization engaged in commerce to organize for other traders, organizations, and individuals to participate in trade fairs and exhibitions abroad.

4. In cases where consultations according to the provisions of Clause 3 of this Article do not achieve results, the Ministry of Commerce shall decide to confirm one trader or organization engaged in commerce to organize for other traders, organizations, and individuals to participate in trade fairs and exhibitions abroad based on the following grounds:

a) Results of organizing trade fairs and exhibitions abroad that have been implemented;

b) Capacity to organize trade fairs and exhibitions abroad;

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

d) Evaluation by related industry associations.

Within thirty (30) days from the end date of the trade fair or exhibition abroad, the trader or organization engaged in commerce organizing for other traders, organizations, and individuals to participate in trade fairs and exhibitions abroad must submit a report in writing to the Ministry of Commerce on the results of organizing participation in trade fairs and exhibitions abroad according to the contents registered with the Ministry of Commerce.

6. A trader organizing its own trade fair or exhibition abroad for its goods and services does not need to comply with the provisions of Clauses 1, 2, 3, and 5 of this Article.

Article 37. Changing and Supplementing the Content of Registration for Organizing Trade Fairs and Exhibitions Abroad

1. In cases of changing or supplementing the content of registration for organizing trade fairs and exhibitions abroad, traders or organizations engaged in commerce must send a written notice to the Ministry of Commerce at least thirty (30) to forty-five (45) days before the opening date of the trade fair or exhibition, depending on the registration content guided by the Ministry of Commerce.

2. The Ministry of Commerce shall confirm in writing the change or supplementation of the content of registration for organizing trade fairs and exhibitions abroad within ten (10) working days from the date of receipt of a valid registration document. In case of non-confirmation of the change or supplementation of the content of registration for organizing trade fairs and exhibitions abroad, the Ministry of Commerce must respond in writing and specify the reasons within the time limit stipulated in this Clause.

Article 38. Content of Registration for Trade Fairs and Exhibitions

The registration dossier for organizing trade fairs and exhibitions as stipulated in Clause 1 of Article 34 and Clause 1 of Article 36 of this Decree includes:

1. A registration document for organizing trade fairs and exhibitions according to the model of the Ministry of Commerce. The content of the registration for organizing trade fairs and exhibitions includes: the name and address of the trader or organization related to commerce organizing the trade fair or exhibition; the name and theme of the trade fair or exhibition (if applicable); the time and location of the trade fair or exhibition; the expected scale of the trade fair or exhibition.

2. A copy of the Business Registration Certificate - Investment, Decision on Establishment or other decisions having equivalent legal effect as prescribed by law.

3. Evidence proving the quality, title of goods or services participating in the trade fair or exhibition or the reputation, title of traders, organizations or individuals participating in the trade fair or exhibition consistent with the name and theme of the trade fair or exhibition (if applicable).

Chapter V

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 39. Inspection and Supervision

1. During the implementation of trade promotion activities, traders, organizations related to commerce, and independent traders must be subject to inspection and supervision by competent authorities as prescribed by Vietnamese law. The inspection and supervision of trade promotion activities must ensure the proper performance of functions, within their authority, and comply with the legal provisions on inspection and supervision.

2. State officials who take advantage of inspections and supervision to seek personal gain, harass, or cause inconvenience to trade promotion activities will be disciplined or criminally prosecuted depending on the severity of the violation, and if damage is caused, they must compensate according to the law.

Article 40. Handling of violations

Traders, organizations related to commerce, and independent traders violating this Decree will be administratively sanctioned or criminally prosecuted depending on the severity of the violation as prescribed by law.

Article 41. Complaints and Reports

1. Traders, organizations related to commerce, and independent traders have the right to complain and report against decisions and actions contrary to the law that cause difficulties or inconvenience by state officials. The procedures for complaints and reports and the resolution thereof shall be carried out in accordance with the laws on complaints and reports.

2. Those authorized to resolve complaints and reports who fail to resolve them, act irresponsibly, or resolve them contrary to the law shall be disciplined or criminally prosecuted depending on the nature and degree of the violation, and if damage is caused, they must compensate according to the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 42. Effective Date

1. This Decree takes effect fifteen days from the date of publication in the Official Gazette.

2. Decree No. 32/1999/NĐ-CP dated May 5, 1999 on Promotions, Commercial Advertising, and Trade Fairs and Exhibitions ceases to be effective from the date this Decree takes effect.

Article 43. Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for guiding and implementing this Decree./.