Decision No. 390-TTg on the issuance of the Regulations on Trade Fairs and Exhibitions

 Pursuant to …;

REGARDING THE ISSUE OF REGULATIONS ON TRADE FAIRS AND EXHIBITIONS

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;
Pursuant to Decree No. 33-CP dated April 19, 1994 of the Government on state management over export and import activities, and Decree No. 95-CP dated December 4, 1993 of the Government on the functions, tasks, authorities, and organizational structure of the Ministry of Trade;
At the proposal of the Minister of Trade,

DECISION:

Article 1. The accompanying Decision promulgates the Regulations on Trade Fairs and Exhibitions.

Article 2. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing these Regulations attached to this Decision.

REGULATIONS

ON TRADE FAIRS AND EXHIBITIONS
(Promulgated together with Decision No. 390-TTg dated August 1, 1994 of the Prime Minister).

Chapter 1:
GENERAL PROVISIONS

Article 1. These Regulations apply to:

1- All trade fairs and exhibitions organized within the territory of Vietnam, including those involving foreign companies or individuals.

2- All trade fairs and exhibitions organized or participated in by Vietnamese enterprises outside Vietnam, which must comply with both these Regulations and the laws of the host country.

Article 2. In this Regulation, the following terms shall be understood as follows:

1- "Trade Fair" refers to a form of commercial promotion activity conducted in the form of a concentrated market operating at a specific time and location, where producers and traders display their goods to access markets, conclude commercial contracts, and sell goods at the fair (including souvenirs).

2- "Trade Exhibition" refers to a form of commercial promotion activity carried out by one or more producers or traders through the display of goods, product literature, etc., aimed at introducing and advertising products to expand and promote sales through the conclusion of commercial contracts.

Article 3. The Ministry of Trade is the state management agency for the trade fairs and exhibitions referred to in Article 1 of these Regulations.

All trade fairs and exhibitions organized within the territory of Vietnam, or by Vietnam abroad, must be approved by the Ministry of Trade or authorized by provincial or municipal commerce bureaus, depending on the nature and scale of the trade fairs and exhibitions.

Article 4. All production and trading enterprises with legal person status are permitted to organize domestic and international trade fairs and exhibitions to introduce their products and promote trade, based on permits from the Ministry of Trade or provincial or municipal commerce bureaus; or enter into contracts with enterprises licensed to operate trade fair and exhibition services to organize such events.

Article 5. For large-scale domestic and international trade fairs and exhibitions with inter-sectoral characteristics, they will be organized by the Vietnam Chamber of Commerce and Industry, the Exhibition and Advertising Company under the Ministry of Trade, or other companies licensed to operate trade fair and exhibition services, according to the permits and guidance of the Ministry of Trade.

Article 6. The Ministry of Trade permits certain enterprises to engage in trade fair and exhibition services if they meet the following conditions:

1- Established in accordance with Vietnamese law.

2- Possess sufficient material and technical means to organize trade fairs and exhibitions.

3- Have an organizational structure and professional staff capable of meeting the requirements of trade fair and exhibition service operations.

Chapter 2:
PROVISIONS ON THE ORGANIZATION AND PARTICIPATION IN TRADE FAIRS AND EXHIBITIONS

Article 7. General provisions:

1- Trade fairs and exhibitions must have themes, scales, times, locations, lists of goods, and names and addresses of participating producers and traders.

2- Producers and traders from all economic sectors wishing to participate in trade fairs and exhibitions in Vietnam must register and sign contracts with the Organizing Committee of each fair and exhibition regarding the entry of goods into the fair and exhibition, and sign contracts for booth rental, display space, or storage space.

3- Goods and product literature displayed at trade fairs and exhibitions must correspond to the quantities and lists registered with the Organizing Committee; prohibited items, counterfeit goods, and substandard goods may not be exhibited (except for specialized exhibitions on counterfeit goods).

4- Commercial transactions, negotiations, and contract signings at trade fairs and exhibitions must comply with current regulations of the Vietnamese state.

5- All financial costs for trade fairs and exhibitions must be covered by the enterprises themselves, and the state budget does not provide funding.

6- The content of trade fairs and exhibitions must align with the policies on import and export and domestic circulation of goods during different stages of economic development.

Article 8. Organization of trade fairs and exhibitions:

Based on the needs for the development of Vietnam's economy and trade, and on proposals from relevant industries, localities, and organizations, the Ministry of Trade is responsible for compiling, adjusting, and establishing programs for organizing major and important trade fairs and exhibitions annually.

Article 9. Announcing trade fairs and exhibitions:

The Ministry of Trade is responsible for announcing the established programs through mass media so that domestic and foreign producers and traders can register to participate.

Article 10. Establishing the Organizing Committee for trade fairs and exhibitions:

Trade fairs and exhibitions organized within the territory of Vietnam must have an Organizing Committee with members designated by the competent authority or decided by the enterprise organizing the fair or exhibition and responsible for managing the event. For major and important trade fairs and exhibitions, the decision rests with the Ministry of Trade.

Chapter 3:
RIGHTS AND OBLIGATIONS OF PRODUCERS AND TRADERS PARTICIPATING IN TRADE FAIRS AND EXHIBITIONS

A- FOR TRADE FAIRS AND EXHIBITIONS HELD IN VIETNAM:

Article 11. Manufacturers and traders from all economic sectors participating in trade fairs and exhibitions are entitled to bring goods and documentation on goods according to the approved list to participate in trade fairs and exhibitions within the time frame stipulated by the Trade Fair and Exhibition Organizing Committee.

Article 12. For foreign organizations and individuals:

1- Foreign organizations and individuals participating in or organizing trade fairs and exhibitions in Vietnam are permitted to bring products and documentation on goods according to the specified list to participate in trade fairs and exhibitions in Vietnam and must complete customs procedures and pay customs fees as prescribed by Vietnamese laws.

2- Goods and documentation on goods approved for import to participate in trade fairs and exhibitions shall be exempted from taxes as provided by Vietnamese laws.

3- In cases where goods wish to be sold in Vietnam during the period of conducting and concluding trade fairs and exhibitions, permission from the Ministry of Commerce must be obtained at the time of registration to participate in trade fairs and exhibitions, and taxes must be paid as prescribed by Vietnamese laws.

As for items used for gifts, advertising, introduction, and sale as souvenirs at trade fairs and exhibitions, they shall be carried out in accordance with the guidelines of the Ministry of Finance and the Ministry of Commerce of Vietnam.

B- FOR TRADE FAIRS AND EXHIBITIONS ORGANIZED BY OR PARTICIPATED IN BY VIETNAM IN FOREIGN COUNTRIES:

Article 13. Enterprises participating in or organizing trade fairs and exhibitions abroad are permitted to export their products, goods, and documentation on goods to participate in trade fairs and exhibitions.

Article 14. When processing export procedures for goods and documentation on goods to participate in trade fairs and exhibitions, enterprises must pay export taxes as prescribed by law; goods exported for re-importation after the conclusion of trade fairs and exhibitions shall be exempted from taxes as prescribed by law. Goods used for gifts, advertising, introduction, and sale as souvenirs at trade fairs and exhibitions shall be carried out in accordance with the guidelines of the Ministry of Finance and the Ministry of Commerce.

Article 15In cases where goods are sold at trade fairs and exhibitions, enterprises participating in or organizing trade fairs and exhibitions must pay taxes as prescribed by law; they shall comply with the laws of the host country.

The price of goods sold shall not undercut the export price of the same type of goods.

Chapter 4:
DISPOSITION OF VIOLATIONS

Article 16. Sanctions:

Any violations of the provisions of this Regulation by organizations and individuals participating in trade fairs and exhibitions will be subject to handling depending on the severity:

- Warning and fines as prescribed by the Administrative Offense Sanction Ordinance.

- Confiscation of products and documentation on goods participating in trade fairs and exhibitions as prescribed by law and publicizing the violation through mass media.

- Individuals who commit violations constituting criminal offenses shall be held criminally responsible.

Chapter 5:
IMPLEMENTING PROVISIONS

Article 17. This Regulation shall take effect from the date of signature.

Article 18. All previous regulations governing trade fairs and exhibitions that conflict with this Regulation shall be abolished.