Decree 81/2018/NĐ-CP: trade promotion activities

Article 1. Scope of adjustment

This decree provides detailed regulations for the implementation of the Commercial Law regarding certain trade promotion activities, including promotions and trade fairs, exhibitions.

Article 2. Subjects of application

1. Traders conducting promotions include:

a) Merchants who produce and trade goods and services directly implement promotions or carry out promotions through distributing merchants (wholesalers, retailers, agents, franchisees, and other distributing merchants as prescribed by law);

b) Traders providing promotional services conduct promotions for the goods and services of other traders according to the agreement with that trader.

2. Merchants who directly organize trade fairs and exhibitions, including:

a) Merchants organizing trade fairs and exhibitions or organizing for other merchants, organizations, or individuals to participate in trade fairs and exhibitions (merchants providing trade fair and exhibition services);

b) Merchants who directly or hire other merchants to organize trade fairs and exhibitions exclusively for the goods and services they trade.

3. Organizations and individuals engaged in commerce-related activities, and entities entitled to conduct trade promotion as stipulated in Article 91 and Article 131 of the Commercial Law, must comply with the provisions of this Decree and relevant legal regulations when carrying out trade promotion activities.

PROMOTION

Section 1. PRINCIPLES OF PROMOTION IMPLEMENTATION, MAXIMUM VALUE LIMIT OF GOODS,

SERVICE USED FOR PROMOTIONS AND MAXIMUM DISCOUNT

FOR PROMOTED GOODS AND SERVICES

Article 3. Principles for implementing promotions

1. Promotional programs must be conducted legally, honestly, publicly, transparently, and ensure the legitimate rights and interests of consumers, as well as other businesses, organizations, or individuals.

2. Businesses implementing promotional programs must ensure favorable conditions for customers who win prizes to receive them and are obliged to resolve complaints (if any) related to the promotional program.

3. Merchants conducting promotions are responsible for ensuring the quality of the promoted goods and services as well as the goods and services used for the promotion.

4. The implementation of promotions must ensure:

a) Not imposing conditions for customers to enjoy promotions that require them to give up, refuse, or exchange goods or services of other merchants or organizations;

b) Not making direct comparisons of their goods or services with the goods or services of other merchants, organizations, or individuals.

5. Lottery results may not be used as the determining outcome for winning, nor as a basis for giving rewards in promotional programs in the form stipulated in Clause 5, Clause 6, and Clause 9, Article 92 of the Law on Commerce.

Article 4. Promotional activities by multi-level methods

1. Enterprises that are not registered to conduct multi-level marketing activities are not allowed to carry out promotions according to the multi-level model, in which the promotion targets multiple levels, multiple branches, with earlier participants benefiting from the purchases of later participants.

2. Multi-level marketing enterprises are allowed to carry out promotional activities in accordance with legal regulations but must comply with the laws on managing business activities according to the multi-level marketing method.

Article 5. Goods and services to be promoted, used for promotion

Goods and services offered in promotions or used for promotions must comply with the provisions of the Commercial Law and the following specific regulations:

1. Goods and services offered for promotion do not include alcohol, lottery tickets, tobacco, breast milk substitutes, medicines for human treatment including types of medicine allowed to circulate under the regulations of the Ministry of Health (except in the case of promotion to pharmaceutical traders), medical examination and treatment services of public health facilities, educational services of public institutions, public vocational education 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 allowed to circulate under the regulations of the Ministry of Health (except in the case of promotion to 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 cases of promotion as prescribed in Articles 8, 10, and 11 of this Decree.

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

1. The material value used to promote a unit of goods or services cannot exceed 50% of the price of that unit of goods or services before the promotion period, except for promotions in the forms prescribed in Clause 8, Article 92 of the Commercial Law, Article 8, Clause 2, Article 9, Articles 12, 13, 14 of this Decree.

2. The total value of goods and services used for promotions by traders in a promotion program must not exceed 50% of the total value of the promoted goods and services, except in the case of promotions under the form prescribed in Clause 8, Article 92 of the Commercial Law, Article 8 and Clause 2, Article 9 of this Decree.

3. The value of goods and services used for promotions falls into one of the following cases:

a) In the case where the trader carries out promotions without directly producing or importing the goods or directly providing the services used for promotion, the value is calculated based on the payment price of the trader implementing 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 directly produced, imported, or provided as services by that trader, with their value calculated based on the cost price or import price of the goods and services used for promotion.

4. In cases of organizing concentrated promotional programs (hour, day, week, month, season), 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 the framework of programs and trade promotion activities decided by the Prime Minister.

5. Concentrated promotional programs as prescribed in Clause 4 of this Article include:

a) Programs organized by state agencies (at the central and provincial levels) within a specific period, in the form of hours, days, weeks, months, or promotional seasons to implement the national or local economic development policies. The state has policies encouraging the organization of concentrated promotional programs. All businesses have the right to participate in these programs;

b) Promotional campaigns during holidays and Tet as prescribed by labor law, including:

- Lunar New Year campaign: 30 days immediately before the first day of the Lunar New Year;

- Other public holidays and Tet holidays. The duration of each promotional campaign during holidays and Tet must not exceed the corresponding holiday periods as prescribed by labor law.

Article 7. Maximum discount rate for goods and services being promoted

1. The maximum discount for goods and services on promotion shall not exceed 50% of the price of those goods and services immediately before the promotion period.

2. In cases of organizing concentrated promotion programs (hour, day, week, month, promotion season) as prescribed in Clause 5, Article 6, the maximum discount for goods and services on promotion is 100%. The maximum discount of 100% also applies to promotion activities within the framework of programs and trade promotion activities decided by the Prime Minister.

3. The maximum discount limit does not apply when implementing price reduction promotions for:

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

b) Fresh food;

c) Goods and services in cases of business bankruptcy, dissolution, relocation, or change of production and business sectors.

Section 2

PROMOTION FORMS

Article 8. Providing samples of goods, supplying sample services for customers to try free of charge

1. Sample goods provided to customers, sample services supplied for customers to try must be goods or services that are legally traded and that the business is currently or will sell or supply in the market.

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

3. Traders conducting promotional programs in the form of providing sample products or sample services are responsible for the quality of the sample products and sample services and must provide customers with full information related to the use of the sample products or sample services.

Article 9. Giving goods, supplying services free of charge

Traders conducting promotions by giving goods or providing services for free must do so in the following ways:

1. Giving goods or providing services for free along with the sale of goods or services.

2. Giving goods or providing services for free without being attached to the sale of goods or services.

Article 10. Selling goods, supplying services at a price lower than the previous sale price, applied during the announced promotion period (promotion in the form of discount)

1. In case of conducting promotions in the form of discounts, the discount level of promoted goods or services during the promotion period at any time must comply with the provisions of Article 7 of this Decree.

2. It is prohibited to reduce the selling price of goods or the service provision price in cases where the prices of goods or services are specifically regulated by the State.

3. The selling price of goods or the service provision price shall not be reduced below the minimum price in cases where the prices of goods or services fall under the State-regulated price framework or minimum price provisions.

4. It is strictly forbidden to take advantage of this promotional method to sell goods or services at dumping prices.

5. The total duration of promotions in the form of price reductions for a particular brand of goods or services shall not exceed 120 days in one year, excluding the duration of price reduction promotions under centralized promotional programs and programs or trade promotion activities decided by the Prime Minister.

Article 11. Selling goods, supplying services accompanied by vouchers, service usage tickets

1. Shopping vouchers and service vouchers accompanying goods sold or services provided are vouchers to purchase goods or receive services from the same merchant or to purchase goods or receive services from other merchants or organizations.

2. The maximum value of shopping vouchers and service vouchers given along with a unit of goods sold or services provided during the promotional period must comply with the maximum limit on the material value used for promotion as stipulated in Article 6 of this Decree.

3. The content of shopping vouchers and service vouchers must include the relevant information prescribed in Article 97 of the Commercial Law.

Article 12. Selling goods or providing services accompanied by entry tickets for customers to select the prize winner according to the announced regulations and prizes (or other equivalent forms of contest and prize awarding).

1. The content of the exam program must include the relevant information prescribed in Article 97 of the Commercial Law and must not violate the historical traditions, culture, ethics, and customs of Vietnam.

2. The organization of competitions and prize draws must be conducted publicly, witnessed by customer representatives, and must be notified to the Department of Industry and Trade where the competition or prize draw is held before the date of the competition or prize draw. In the case that the promotional program has a total prize value of less than 100 million VND, the business is not required to notify the Department of Industry and Trade according to this provision.

3. Businesses implementing promotions must organize competitions and award prizes according to the rules and prizes that the business has announced.

Article 13. Selling goods or providing services accompanied by participation in programs based on chance, where participation in the program is linked to the purchase of goods or services, and the winning is determined by the luck of the participants according to the announced regulations and prizes (promotional program based on chance).

1. The determination of winners in a chance-based promotional program must be conducted publicly, according to the announced rules, witnessed by customers, and must be recorded in a written report.

2. In cases where the proof of winning is issued together with the goods (attached, enclosed, placed inside the goods, or by other similar methods), the business conducting the promotion must notify the Department of Industry and Trade, where the issuance of the proof of winning with the goods takes place, about the time and place of such issuance before carrying it out.

3. The proof of winning in a chance-based promotional program must comply with the following conditions:

a) Presented in a tangible form (lottery tickets, coupons, raffle tickets; drawing, lottery, number spinning; cards, scratch-off tickets; stamps, winning coupons; caps, tops, bottoms, packaging containers, or the product itself; the actual prize) or as a data message (text message; email; code, transaction code, customer code, product code) or other forms of equivalent value to serve as a basis for determining winners through random methods;

b) Has a form different from the state monopoly lottery and may not use the results of the state lottery as the basis for determining winners.

4. Businesses conducting promotional programs based on chance must allocate 50% of the announced prize value to the state budget in cases where there is no winner.

5. Prizes without winners in the luck-based promotional program specified in Clause 4 of this Article are prizes in the case where the award period has expired but no one claims the prize 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 or services purchased by the customer, expressed in the form of a customer card, a voucher recording the purchase of goods or services, or other forms.

1. Businesses conducting promotions must comply with the regulations on notifying related information under Article 97 of the Commercial Law; they are responsible for timely and accurately confirming customer participation in the regular customer program.

2. The information content displayed and stored on customer cards, purchase acknowledgment slips for goods or services, or equivalent forms must include:

a) The name of the card or slip and customer information (full name, ID card/citizen identification/passport);

b) Conditions and methods for recording customers' participation in the loyalty program. In cases where the contents specified in this point cannot be fully displayed, these contents must be provided fully and promptly to customers when they begin participating in the program;

c) The quantity and value of goods purchased by the customer must be clearly shown in the card or voucher information as a basis for determining the benefits the customer is entitled to receive; detailed conditions regarding the quantity and value of goods and services purchased or used by the customer to receive the rewards.

Article 15. Promotion of goods and services in which the implementation process uses the internet, electronic means and devices, and information technology applications

1. When traders conduct promotional activities or programs in which the process involves the use of the internet, electronic means, information technology applications, or other tools and instruments, they must comply with the promotional regulations of the Commercial Law, this Decree, and relevant laws.

2. Traders providing e-commerce trading floor services, online promotion websites (platforms) are responsible for:

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

b) Requiring traders conducting promotions on the platform to provide information about promotional activities;

c) Having mechanisms for inspection and supervision to ensure that the information provided by traders conducting promotions on the platform is accurate and complete;

d) Take timely measures to handle when detecting or receiving reports about promotional activities that violate the law on the platform;

d) Support state management agencies in investigating, inspecting, and supervising promotional activities that violate the law, providing registration information, transaction history, and other documents about the subject conducting illegal promotional activities on the platform;

e) Be responsible as a third party in providing information about promotional activities to consumers in accordance with the law on consumer protection.

Section 3

NOTICE, REGISTRATION, PUBLICATION, REPORTING RESULTS,

TERMINATION OF PROMOTIONAL ACTIVITIES

Article 16. Obligations of traders conducting promotions

1. For the cases specified in Point a, Clause 1, Article 2 of this Decree:

a) Notify and register the implementation of promotions with the competent state authority;

b) Bear full responsibility before the law and customers for the promotion program (except in cases of hiring a business service provider as prescribed in point b, clause 1, Article 2 of this Decree);

c) Provide customers, distributing merchants, and related parties with complete, accurate, and clear information that must be publicly announced as prescribed in Article 97 of the Commercial Law;

d) Other obligations as prescribed in Article 96 of the Commercial Law and this Decree.

2. In the case specified in point b, clause 1, Article 2 of this Decree:

a) Obligations as prescribed in clause 5, Article 96 of the Commercial Law and this Decree;

b) Bear responsibility before the law and customers for activities within the scope of the promotional service contract.

Article 17. Notification of promotional activities

1. Traders must carry out administrative procedures to notify promotional activities to all Departments of Industry and Trade where the promotion is organized (in the area where the promotion is conducted) before implementing the promotional program according to the form specified in Clause 8, Article 92 of the Law on Commerce and Articles 8, 9, 10, 11, 12, and 14 of this Decree. The notification dossier must be sent to the Department of Industry and Trade at least 03 working days before implementing the promotion (based on the date received on the postal waybill or equivalent valid forms when sent by post, based on the date recorded on the acceptance slip in case of direct submission, based on the time recorded in the electronic mail system, or based on the date recorded in the system in case of submission through the online public service system).

2. Cases where it is not required to carry out the administrative procedure for notifying the implementation of promotions when promotions are conducted in the forms prescribed in Clause 8, Article 92 of the Commercial Law and Articles 8, 9, 10, 11, 12, 14 of this Decree:

a) Traders implementing promotion programs specified in Clause 1 of this Article with a total value of prizes or gifts under 100 million VND;

b) Traders only conduct sales and promotions through e-commerce platforms or online promotion websites.

3. Traders may choose one of the following notification methods:

a) Submit one notification dossier by post to the Departments of Industry and Trade where the promotion is organized;

b) Submit one notification dossier directly at the office of the Departments of Industry and Trade where the promotion is organized;

c) Submit one notification dossier via email with an electronic signature or attached scanned copy of the Promotion Implementation Notice signed and stamped by the business to the email address published by the Departments of Industry and Trade;

d) Use the online public service system provided by the Department of Industry and Trade.

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

5. The content of the promotion implementation notice includes:

a) Name of the merchant conducting the promotion;

b) Name of the promotional program;

c) Area where the promotion is conducted (provinces, cities where the merchant conducts the promotion);

d) Form of promotion;

đ) Goods and services being promoted;

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

g) Duration of the promotion;

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

i) Prize structure and total value of prizes of the promotional program;

k) Detailed content of the promotional program.

l) In the case where multiple merchants jointly conduct the promotional program, the names of the participating merchants, specific participation content, and specific responsibilities of each participating merchant in the program must be clearly stated.

6. Information about the promotional program that the trader has announced must be made public by the state management agency through appropriate forms (documents, electronic information pages, or other equivalent forms) and not earlier than the start time of the promotional program. The content of the information to be made public must include:

a) Name of the trader performing;

b) Detailed content of the program;

c) Duration of the promotion;

d) Area where the promotion is implemented.

Article 18. Notification of amendments and supplements to the contents of promotional programs

1. In cases where there are amendments or additions to the promotional program content previously reported to the Department of Industry and Trade, the trader, before making any amendments or additions, must carry out the administrative procedure of notifying the amendments or additions to the promotional program content to the Department of Industry and Trade where the promotion was previously reported. The notification dossier includes 01 notification document of the amendments or additions to the promotional program content, implemented according to Form No. 06 in the Appendix issued together with this Decree.

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

a) Submit 01 dossier by postal mail to the Departments of Industry and Trade where the promotion is organized;

b) Submit 01 dossier directly at the headquarters of the Departments of Industry and Trade where the promotion is organized;

c) Submit 01 dossier via email with an electronic signature or with a scanned copy of the notification of promotion implementation bearing the trader’s signature and stamp to the email address announced by the Departments of Industry and Trade;

d) Use the online public service system provided by the Department of Industry and Trade.

3. The amendment and supplementation of the contents of the promotional program must ensure that it does not affect the rights of customers who have participated in the program before the program is amended or supplemented.

Article 19. Registration of promotional activities

1. Traders carry out administrative procedures to register promotional activities and must be confirmed by a competent state management agency before implementing the promotional program in the forms 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 prescribed in Clause 1 of this Article includes:

a) The Department of Industry and Trade for a chance-based promotional program conducted in the territory of a province or centrally-run city;

b) The Ministry of Industry and Trade is responsible for promotional programs involving chance conducted in two or more provinces or centrally-run cities, and promotional programs in other forms.

3. Traders may choose one of the following registration methods:

a) Submit 01 registration dossier by post to the competent state management agency;

b) Submit 01 registration dossier directly at the office of the competent state management agency;

c) Use the online public service system provided by the competent state management agency.

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

a) 01 Registration for implementing the promotional program according to Form No. 02 of the Appendix issued together with this Decree;

b) 01 Promotion program regulation according to Form No. 03 Appendix issued together with the Decree;

c) Sample proof of winning determination or detailed description of proof of winning determination;

d) 01 Copy of documents on the quality of promotional goods according to the provisions of law, not required to be notarized.

5. The content for registration to conduct promotion includes:

a) Name of the merchant conducting the promotion;

b) Name of the promotional program;

c) Area where the promotion is conducted (provinces, cities where the merchant conducts the promotion);

d) Form of promotion;

đ) Goods and services being promoted;

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

g) Duration of the promotion;

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

i) Prize structure and total value of prizes of the promotional program;

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

l) In case multiple traders jointly implement the promotion program, the registration content must clearly state the names of the participating traders, specific participation content, and the specific responsibilities of each trader involved in the program.

6. Within 05 working days from the date of receipt of the dossier (based on the date of receipt noted on the postal waybill or other equivalent valid forms in the case of postal submission, based on the date noted on the acceptance receipt in the case of direct submission, or based on the recorded date in the system in the case of submission via the online public service system), the competent state management agency on trade specified in Clause 2 of this Article shall review and respond to confirm or not confirm the registration to implement the trader's promotion program; in the case of non-confirmation, the reason must be clearly stated in accordance with the law. The content of confirmation or non-confirmation shall follow Form No. 04 or Form No. 05 in the Appendix issued together with this Decree.

7. In the case where the Ministry of Industry and Trade is the agency confirming the registration to implement the promotion 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 content of the program that has been confirmed for coordinated management.

8. Information about the promotion program that the trader has registered and been confirmed must be publicly disclosed by the state management agency in appropriate forms (documents, electronic information pages, or other forms with equivalent effect) and not earlier than the start time of the promotion program. The publicly disclosed information must include:

a) Name of the trader performing;

b) Detailed content of the promotion program;

c) Duration of the promotion;

d) Area where the promotion is implemented.

Article 20. Registration of amendments and supplements to the contents of promotional programs

1. In the case of amending or supplementing the content of a promotional program that has been previously registered and confirmed, the trader must carry out the administrative procedure for registering the amendment or supplementation of the promotional program content with the state management agency where it was registered before making any amendments or supplements. The registration dossier for amendment or supplementation includes 01 document prepared according to Form No. 06 of the Appendix issued together with this Decree.

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

a) Submit 01 registration dossier by post to the competent state management agency;

b) Submit 01 registration dossier directly at the office of the competent state management agency;

c) Use the online public service system provided by the competent state management agency.

3. Within 5 working days from the date of receipt of the dossier (based on the receipt date indicated on the postal waybill or equivalent valid forms in case of postal submission, based on the date documented on the receipt form in case of direct submission, or based on the recorded date in the system in case of submission via the online public service system), the competent state management agency on trade shall consider and respond by either confirming or not confirming the registration of modifications or additions to the trader's promotional program; in the case of non-confirmation, the reasons must be clearly stated in accordance with the law.

4. In the case that the Ministry of Industry and Trade is the agency confirming the registration of modifications or additions to the promotional program, the Ministry of Industry and Trade shall provide the Department of Industry and Trade in the locality where the trader conducts the promotion with the content of the program that has been confirmed for modification and addition to coordinate in management.

5. Any amendments or additions to the content of the promotional program must ensure that they do not affect the rights and benefits of customers who have already participated in the program before the program's content is amended or supplemented.

Article 21. Publication of results, award presentation, and reporting the results of promotional programs

1. In the case of implementing a promotional program according to the forms prescribed in Articles 12 and 13 of this Decree and other forms as stipulated in Clause 9, Article 92 of the Commercial Law, the period for announcing the winning results and awarding prizes of the program must not exceed 45 days from the end date of the promotion period.

2. Reporting on the results of the implementation of the promotional program:

a) Within 45 days from the expiration date of awarding prizes in the promotional program in the form prescribed in Article 13 of this Decree and other forms as prescribed in Clause 9, Article 92 of the Commercial Law, the trader conducting the promotional program must submit a written report to the competent state management authority (where it has been registered and confirmed) on the results of implementing the promotional program according to Form No. 07 in the Appendix issued together with this Decree. In the case of having to pay 50% of the value of prizes with no winners into the state budget, within 07 working days from the receipt of the trader's report, the state management authority shall issue a decision to collect 50% of the announced value of prizes with no winners in the promotional program according to Form No. 08 in the Appendix issued together with this Decree. Within 15 working days from the date of receipt of the collection decision from the state management agency, the business must pay 50% of the announced value of the unclaimed prize of the promotional program according to the decision. Within 10 days from the date of payment to the state budget, the business is responsible for sending a written report according to Form No. 09 of the Appendix issued together with this Decree to the state management agency that issued the collection decision. Documents and materials related to the report on the implementation of the promotion must be kept by the business and the business is responsible in accordance with the law to serve inspection, examination, and supervision.

b) Traders implementing promotions in the forms prescribed in Clause 8, Article 92 of the Commercial Law, Articles 8, 9, 10, 11, 14, and cases specified at Point a, Clause 2, Article 17 of this Decree are not required to report the results of the promotional program.

3. Merchants implementing promotional programs in forms other than those specified at point b, clause 2 of this Article are responsible for publicly announcing information about the results of the promotion at the promotion site, or through media, or on the merchant's website (if any). The information that must be publicly announced includes:

a) Name of the promotional program;

b) Area of promotion implementation (provinces, cities where the merchant carries out the promotion);

c) Form of promotion;

d) Goods and services being promoted;

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

e) Duration of the promotion;

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

h) Prize structure and total value of prizes that have been awarded in the promotional program.

Article 22. Termination of promotional programs

Merchants carrying out promotions shall not terminate the implementation of the promotion program before the announced deadline or before it has been confirmed by the competent state management agency, except in the cases specified below:

1. In the event of force majeure, the termination of the promotional program before its expiration must be publicly notified to customers and the competent state management agency in charge of commerce.

2. In case the merchant has promoted all the quantity of goods or services for promotion, or goods or services used for promotion, or has issued all the announced winning identification proofs or those confirmed by the state management agency, the termination of the promotional program may only be carried out after the merchant notifies the competent state management agency and must ensure the full rights of customers who have participated in the program.

3. In the event that a state management agency requires the termination of the implementation of all or part of a merchant's promotional program, the termination of the program must be publicly announced by the merchant in one of the ways prescribed in Article 98 of the Commercial Law, on the merchant's website (if any), and must ensure that the merchant will fully fulfill the commitments to customers who have participated in that promotional program; except in cases where the promotional program involves the use of goods or services prohibited from business, goods or services restricted in business, goods not yet permitted for circulation, services not yet permitted to be provided for promotion, or involves the use of alcohol or beer for promotion to persons under 18, or involves the use of tobacco, alcohol, or medicine for promotion (except for the case of using medicine for promotion to merchants doing business in medicine) in any form. A merchant is required by the state management agency to cease implementing the promotional program when:

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

b) Failing to implement or implementing incorrectly or incompletely the contents in the promotion program regulations that have been registered with the competent state management agency in charge of commerce.

TRADE FAIRS, EXHIBITIONS

Section 1

GOODS, SERVICES DISPLAYED AND INTRODUCED

AT TRADE FAIRS, EXHIBITIONS

Article 23. 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 labels in accordance with the law on labeling of goods.

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

Article 24. Display of counterfeit goods and goods infringing intellectual property rights for comparison with genuine goods

3. The organization of displaying counterfeit goods or goods infringing intellectual property rights at trade fairs and exhibitions must be clearly stated in the registration content when the business performs administrative procedures for registration or registration to amend or supplement the contents of organizing trade fairs and exhibitions.

2. Counterfeit goods and goods infringing intellectual property rights, when displayed, must clearly indicate that they are counterfeit goods or goods infringing intellectual property rights.

Article 25. Use of the name and theme of trade fairs and exhibitions

1. Traders or organizations involved in commercial activities, when organizing trade fairs or exhibitions, have the right to choose the name and theme of the trade fair or exhibition, provided they do not violate the law, morality, customs, traditions, or fine customs of Vietnam.

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

a) There is evidence proving the quality and title of goods and services participating in the trade fair and exhibition are suitable for the name and theme of the registered trade fair and exhibition;

b) There is evidence proving the reputation and title of merchants, organizations, or individuals participating in the trade fair and exhibition are suitable for the name and theme of the registered trade fair and exhibition.

Article 26. Awarding prizes, quality certificates, titles for goods and services, certification of credibility, titles for traders, organizations or individuals participating in trade fairs and exhibitions

1. The organization of awarding prizes, quality certifications, titles of goods and services, as well as certifications of reputation and titles of merchants, organizations, or individuals participating in trade fairs and exhibitions (the prize-awarding organization) must be conducted in accordance with relevant legal regulations and must be clearly stated in the registration content when merchants organizing trade fairs and exhibitions carry out administrative procedures to register or register modifications and supplements to the content of trade fair and exhibition organization.

2. The organization of awarding prizes, quality certificates, titles for goods and services, credibility certificates, or titles for traders, organizations, or individuals participating in trade fairs and exhibitions must ensure compliance with relevant legal regulations and the following principles:

a) Prizes may only be awarded to traders, organizations, or individuals who have registered to participate in the awarding process at the trade fair or exhibition;

b) No discrimination among different types of enterprises;

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

d) The name of the award or title must include the name of the trade fair or exhibition in which the trader, organization, or individual participates, and must not be contrary to the law, ethics, customs, traditions, or good morals of Vietnam.

d) Do not solicit funds in any form from merchants, organizations, or individuals registering to participate in the awarding of prizes;

e) Do not exploit the awarding of prizes and prizes for acts that violate the law;

g) Do not compel merchants, organizations, or individuals to register to participate in the awarding of prizes.

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

Temporary import for re-export of goods participating in trade fairs and exhibitions in Vietnam; temporary export for re-import of goods and services participating in trade fairs and exhibitions abroad must comply with the provisions of customs law and other relevant legal regulations.

Section 2

PROCEDURE AND REGISTRATION TO ORGANIZE AND PARTICIPATE

TRADE FAIRS, EXHIBITIONS

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

1. Obligations of merchants organizing trade fairs and exhibitions

a) Register to organize trade fairs and exhibitions with the competent state management agency;

b) Responsible for resolving complaints and reflections of consumers or organizations, individuals regarding trade fairs and exhibitions; regarding goods displayed at trade fairs and exhibitions;

c) Provide participating traders with full and accurate information related to participating in trade fairs and exhibitions, and activities within the framework of trade fairs and exhibitions beyond the display of goods;

d) Other obligations as prescribed in Article 139, Article 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) Fully responsible for goods and services displayed at trade fairs and exhibitions;

b) Provide full and accurate information about the displayed goods to the organization unit of the trade fair or exhibition and be responsible for the information provided;

c) Other obligations according to the provisions of Article 138 and Article 139 of the Commercial Law.

Article 29. Registration for organizing trade fairs and exhibitions

1. Traders organizing trade fairs and exhibitions in Vietnam (excluding trade fair and exhibition activities within the framework of programs and trade promotion activities decided by the Prime Minister or the provincial People's Committee) 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 programs and trade promotion activities decided by the Prime Minister) must carry out administrative procedures for registering the organization of trade fairs and exhibitions with the competent state management authority.

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

a) The Department of Industry and Trade at the location of organization for trade fairs and exhibitions in Vietnam;

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

3. Traders may choose one of the following registration methods:

a) Submit 01 registration dossier by post to the competent state management agency;

b) Submit 01 registration dossier directly at the office of the competent state management agency;

c) Use the online public service system provided by the competent state management agency.

4. Registration period (based on the date received as recorded on the postal waybill or equivalent documents in the case of postal submission, based on the date recorded on the application receipt in the case of direct submission, or based on the date recorded in the system in the case of submission via 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. The dossier for registering to organize trade fairs and exhibitions includes:

a) 01 Registration for organizing trade fairs and exhibitions according to Form No. 10 in the Appendix issued together with this Decree;

b) 01 copy of the Enterprise Registration Certificate, Investment Registration Certificate, Establishment Decision, or other decisions with equivalent legal value under the law, not required to be notarized;

6. Contents for registering trade fair and commercial exhibition organization, including:

a) Name and address of the trader or organization engaged in trade-related activities in organizing trade fairs and commercial exhibitions;

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

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

d) Expected scale of the trade fair or commercial exhibition;

d) Organizing exhibitions of counterfeit goods or goods infringing intellectual property rights; organizing the awarding of prizes, quality certifications, titles of goods or services, certifications of credibility, titles of traders, organizations, or individuals participating in trade fairs and exhibitions; organizing trade fairs and exhibitions under the name of a province, city, or the Vietnamese nation.

7. The competent state management agency shall respond in writing to confirm or not confirm the registration for organizing trade fairs and exhibitions within 07 working days from the date of receiving the complete dossier. 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 or Form No. 12 of the Appendix issued with this Decree.

8. In cases where there are two or more traders or organizations engaged in trade-related activities registering to organize trade fairs or exhibitions with overlapping names, themes, time, or locations, the competent state management authority shall coordinate to select the trader or organization engaged in trade-related activities to organize that trade fair or exhibition.

9. In the case where the conciliation stipulated in Clause 8 of this Article does not yield results, the competent state management agency shall decide to confirm the registration for a trader or organization engaged in commercial activities to organize fairs and trade exhibitions based on the following grounds:

a) Results of organizing similar trade fairs and exhibitions that have been carried out;

b) Ability to organize trade fairs and exhibitions;

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

d) Evaluation by relevant industry associations.

10. Within 30 days from the end date of the fair or trade exhibition, traders and organizations engaged in related commercial activities must submit a written report using Form No. 14 in the Appendix issued together with this Decree to the state management agency on the results of organizing the fair or trade exhibition according to the registered and confirmed contents.

11. Fairs and trade exhibitions held in Vietnam must ensure the following requirements:

a) Goods at the fair or trade exhibition must be displayed and introduced in standard booths (size 3m x 3m) or areas equivalent to multiple standard booths;

b) Fully provide services, including: electricity, water, security, and sanitation.

12. The organization of trade fairs and exhibitions in Vietnam under the name of a province or city must meet the standards specified in Clause 11 of this Article and the standards prescribed by the People's Committee of the province or city. The organization of participation in trade fairs and exhibitions abroad under the name of the Socialist Republic of Vietnam must meet the standards prescribed by the Ministry of Industry and Trade.

13. The provincial-level People's Committee annually (before October 1) announces the list of venues eligible for organizing trade fairs and exhibitions and the priority sectors for organizing trade fairs and exhibitions in the province for the following year.

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

Article 30. Registration for amending or supplementing the content of trade fair and exhibition organization

1. In the case of amending or supplementing the contents of organizing trade fairs and exhibitions that have been registered, traders and organizations engaged in commercial activities must carry out administrative procedures to register the amendment or supplementation of the contents of organizing trade fairs and exhibitions. The registration dossier for amending or supplementing the contents of organizing trade fairs and exhibitions must be submitted to the competent state management agency no later than 30 days before the opening day of the trade fair or exhibition. The registration dossier for amendment or supplementation shall be made according to Form No. 13 in the Appendix issued together with this Decree.

2. Traders may choose one of the following methods for registering amendments or supplements:

a) Submit 01 registration dossier by post to the competent state management agency;

b) Submit 01 registration dossier directly at the office of the competent state management agency;

c) Use the online public service system provided by the competent state management agency.

3. The competent state management agency shall confirm or not confirm in writing the registration for amendments and supplements to the organization of trade fairs and exhibitions within 07 working days from the date of receipt of the complete dossier. In case of non-confirmation, the competent state management agency must clearly state the reason.

4. The amendments and supplements to the organization of trade fairs and exhibitions must ensure that the rights and interests of the relevant traders, organizations, and individuals are not affected.

Article 31. Termination of trade fair and exhibition activities

1. Merchants organizing trade fairs and commercial exhibitions are obliged to terminate the implementation of all or part of the trade fair or commercial exhibition if requested by the state management agency. The request for merchants to cease trade fair or commercial exhibition activities can only be made when the state management agency detects that the merchant has violated the provisions of Clause 2, Clause 3 of Article 131, Clause 3 of Article 133, Articles 134, 135, 136, and 137 of the Commercial Law.

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

IMPLEMENTATION ORGANIZATION

Article 32. Responsibility for implementation

1. The Ministry of Industry and Trade is responsible to the Government for performing state management of trade promotion activities as prescribed in the Commercial Law and this Decree:

a) Organize the implementation of administrative procedures on trade promotion within the authority of the Ministry of Industry and Trade;

b) Inspect, examine, and supervise the implementation of trade promotion laws by traders and organizations engaged in trade-related activities, and handle administrative violations in accordance with the law for acts violating the law by traders and organizations engaged in trade-related activities;

c) Inspect and summarize settlement reports with the equivalent financial management agency on the amount according to the collection decision and the actual amount collected into the state budget of 50% of the published value of unclaimed prizes from the promotional program;

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

2. The Ministry of Finance shall take the lead in guiding the organization of collection and accounting, regulating 50% of the published value of prizes without winners from promotional programs into the State budget.

3. Ministries, ministerial-level agencies, and government agencies within their respective tasks and powers are responsible for coordinating with the Ministry of Industry and Trade in performing state management of trade promotion activities.

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

a) Organize the implementation of administrative procedures on trade promotion within their competence;

b) Inspect, examine, and supervise the implementation of trade promotion laws by traders and organizations engaged in trade-related activities, and handle administrative violations in accordance with the law for acts violating the law by traders and organizations engaged in trade-related activities;

c) Inspect and summarize settlement reports with the equivalent financial management agency on the amount according to the collection decision and the actual amount collected into the state budget of 50% of the published value of unclaimed prizes from the promotional program;

d) The Department of Industry and Trade is responsible for assisting the provincial-level People's Committee in implementing the management contents specified 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;

d) The market management forces at the local level are responsible for assisting the provincial-level People's Committee and the General Department of Market Management in implementing the management contents specified in point b of this clause.

5. Competent state management agencies are responsible for publicly disclosing information about trade promotion activities (promotions, fairs, trade exhibitions):

a) Has been notified to the state management agency;

b) Has been confirmed for registration by the state management agency;

c) Has been sanctioned for violations by the state management agency according to regulations.

Article 33. Effective date of enforcement

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 trade promotion activities shall cease to be effective from the date this decree takes effect./.

ON BEHALF OF THE GOVERNMENT

PRIME MINISTER

Nguyen Xuan Phuc

Appendix

(Attached to Decree No. 81/2018/NĐ-CP

May 22, 2018 of the Government) Form No. 01 Notification of promotion implementation Form No. 02 Registration for promotion implementation Form No. 03 Rules of the promotion program Form No. 04 Confirmation of promotion registration Form No. 05 Non-confirmation of promotion registration

Notification/registration for amendment and supplementation of promotional program content Form No. 06

Report on the implementation of promotion Form No. 07 of the Decision on the collection of 50% of the prize value for the state budget

prizes not won by anyone in the promotional program Form No. 08 Report on the implementation results submitted to the state budget

Registration for organizing trade fairs and exhibitions Form No. 09 Confirmation of registration for organizing trade fairs and exhibitions Form No. 10 Non-confirmation of registration for organizing trade fairs and exhibitions Form No. 11 Registration for amendment and supplementation of trade fair and exhibition organization content Form No. 12

Report on the results of organizing trade fairs and exhibitions Form No. 13 Form No. 14 TRADER NAME Form No. 01

SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness

Number: .......... ..., date ... month ... year 20...

NOTICE OF PROMOTION IMPLEMENTATION

To: ......................................................

Trader name: ...........................................................................................................

Head office address: ................................................................................................

Phone: .......................... Fax: ......................... Email: ................................................

Tax code: ................................................................................................................

Contact person: ....................... Phone: ......................................................................

Based on the Commercial Law, Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Commercial Law on trade promotion activities, (name of the business) announces the promotion program as follows:

1. Name of the promotion program: ....................................................................................

2. Area (scope) of the promotion: ..................................................................................

3. Form of promotion: ................................................................................................

4. Promotion period: ................................................................................................

5. Goods and services under promotion: ..................................................................................

Quantity of goods and services (if any): .............................................................................

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

7. Customers of the promotion program (eligible recipients 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 the merchants participating together, specific content of participation, and the specific responsibilities of each participating merchant in the program (In the case of multiple merchants jointly implementing the promotion program or a merchant providing promotional services implementing a promotion for goods or services of another merchant according to an agreement (attached written agreement/contract)).

(The name of the merchant) commits to fully comply with and take complete responsibility for the above promotion program in accordance with current legal regulations.

LEGAL REPRESENTATIVE OF THE BUSINESSPERSON (Sign and seal)

Form No. 02

NAME OF BUSINESSPERSON SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

Number: .......... ..., date ... month ... year 20...

REGISTER TO CARRY OUT PROMOTION

To: ..................................

Trader name: ...........................................................................................................

Head office address: ................................................................................................

Phone: ............................... Fax: ......................... Email: ..........................................

Tax code: ................................................................................................................

Contact person: ................................. Phone: .............................................................

Pursuant to the Commercial Law, Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Commercial Law on trade promotion activities, (name of the trader) registers to implement the promotion program as follows:

1. Name of the promotion program: ....................................................................................

2. Promotion period: ................................................................................................

3. Goods and services promoted: ..........................................................................

Quantity of goods and services (if any): .............................................................................

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

5. Area (scope) of promotion: ..................................................................................

6. Form of promotion:................................................................................................

7. Customers of the promotion program (subjects eligible for the promotion):.....

8. Total value of prizes: .............................................................................................

9. Names of traders jointly conducting the promotion, specific content of participation, and specific responsibilities of each trader participating in the program (In case multiple traders cooperate to implement the promotion program or a trader providing promotional services conducts promotions for goods or services of another trader according to an agreement (attached agreement/contract)).

Merchants commit to resolving disputes and are responsible before the law for violations when implementing the promotional program (if any); at the same time, they must report the results of the promotion, store, and be responsible for documents and materials related to the report in accordance with the law to serve inspection, examination, and supervision purposes.

The promotional program regulations are attached.

(Name of merchant) commits to the above registered content and is fully responsible before the law.

LEGAL REPRESENTATIVE OF THE MERCHANT

(Signature and seal)

Form No. 03

PROMOTIONAL PROGRAM REGULATIONS

(Attached to Official Letter No. ...... dated ....../... /20... of .......)

1. Name of the promotion program: ....................................................................................

2. Goods and services for promotion: ..................................................................................

Quantity of goods and services (if any)

3. Promotion period: ................................................................................................

4. Promotion area (scope): ..................................................................................

5. Form of promotion (specify whether the promotion is based on chance or another form):......................................................................................................................................

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

Specify clearly the subjects who are allowed to participate and those who are not allowed to participate in the promotion program (whether or not applicable to company employees, agents, distributors, advertisers, printers serving the promotion program, minors, children...):

7. Prize structure:

Structure Content of the prize Value of the prize Total prize amount (detailed content and (VND) Number of prizes Prize... serial number of each (VND) Prize... prize) Prize... Total:

Total value of prizes compared to the total value of promotional goods.

8. Detailed content of the promotion program regulations:

8.1. Conditions, methods, and specific procedures that customers must follow to participate in the promotional program: .....................................................................................................

8.2. Time and method of issuing proof of winning

- In case of issuance along with goods: Clearly specify attached, enclosed, placed inside the goods, or other methods:

- In case of issuance not along with goods: Clearly specify time and method of implementation (direct delivery, mail, text message... to the customer):

8.3. Regulations on proof of winning

- Specifically describe the proof of winning and the validity of the proof of winning;

- Total number of winning identification evidences (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 way of drawing numbers, lottery drawing, spinning wheels, scratching, opening caps, pulling tabs... for each prize type):

8.5. Prize notification:

- Deadline, method (in person, via mail, SMS...) and content of notifying customers of winning:................................................................................................

- Or the deadline, method, and content of receiving the winning notification from the customer:

8.6. Time, location, method, and procedure for awarding prizes

- Prize awarding location: ...................................................................................................

- Prize awarding method: ..................................................................................................

- Prize awarding procedure: ...............................................................................................

- Prize awarding deadline: ...............................................................................................

- Responsibility of the winning customer for costs incurred when receiving the prize, irregular income tax:

9. Point of contact for customer inquiries regarding issues related to the promotional program (contact person, phone...).

10. Responsibility for information disclosure:

- Regulations on the responsibility of traders in publicly notifying the detailed contents of the promotion program rules (via information media or at the promotion location or attached to the promotional product...): ..................................................

- Regulations on the responsibility of traders in announcing the prize-winning results (at the promotion location or via information media or on the trader's website): .....................................................................................................................................

11. Other regulations (if any): .....................................................................................

LEGAL REPRESENTATIVE OF THE MERCHANT

(Signature and seal)

Form No. 04

MINISTRY OF INDUSTRY AND TRADE SOCIALIST REPUBLIC OF VIETNAM TRADE PROMOTION AGENCY Independence - Freedom - Happiness

(DEPARTMENT OF INDUSTRY AND TRADE...) ....., day... month... year 20...

Number:............

Re: Confirmation of registration for implementation

promotion

To: - Merchants engaged in promotional services (if any); - Merchants carrying out promotions for goods and services (who are not merchants engaged in promotional services).

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

In response to official letter No......... dated... month... year... of (name of trader) registering to carry out a promotion, the Trade Promotion Department (Department of Industry and Trade) confirms the registration to carry out the promotion with the following content:

- Name of the promotion program: ................................................................................................

- Goods and services being promoted: ......................................................................................

Quantity of goods and services (if any): ....................................................................................

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

- Promotion period: ..................................................................................................................

- Area (scope) of promotion implementation: ..........................................................................

- Form of promotion: ................................................................................................................

- Customers of the promotion program (subjects entitled to promotion): ............................

- Prize structure: ......................................................................................................................

- The names of the merchants jointly conducting the promotional program, the specific participation content, and the specific responsibilities of each merchant participating in the program (in cases where multiple merchants jointly implement the promotional program or a merchant providing promotional services conducts promotions for goods or services of another merchant under an agreement).

- Merchants carrying out promotions for their own goods or services are responsible for reporting the results of the promotion, storing, and being accountable for the documents and records related to the report in accordance with legal regulations to serve the purpose of inspection, examination, and supervision.

- The implementation of the promotional program must comply with the legal regulations on trade promotion activities and other relevant legal provisions.

The content of the promotion program regulations of the merchant is attached. Recipients: DIRECTOR - As above; (DIRECTOR) - ............ - File: VT,... (Signed and stamped)

Form No. 05

MINISTRY OF INDUSTRY AND TRADE SOCIALIST REPUBLIC OF VIETNAM TRADE PROMOTION AGENCY Independence - Freedom - Happiness

(DEPARTMENT OF INDUSTRY AND TRADE) ....., date... month... year 20...

Number:............

Re: Non-confirmation of actual registration

Current promotion

To: ........................................

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

Considering the dossier attached to Official Letter No. ...... dated ... ... of (name of the trader) registering to implement the promotional program (name of the program, duration, promotional area);

The Trade Promotion Department (Department of Industry and Trade) does not confirm the registration to implement the promotional program (name of the promotional program) of (name of the trader) for the reason: ..........................................................................................................................................

The Trade Promotion Department (Department of Industry and Trade) announces for (name of the trader) to be informed and to implement./. Recipients: DIRECTOR - As above; (DIRECTOR) - ............; - Filed: VT,... (Signed and stamped)

Form No. 06

NAME OF BUSINESSPERSON SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

Number:.......... ....., date month year 20... NOTICE/REGISTRATION FOR AMENDMENT, SUPPLEMENTATION OF PROMOTIONAL PROGRAM CONTENT

To:......................................

- Trader name:..........................................................................................................

- Head office address:......................................................................................................

- Phone:......................... Fax:............................. Email: ..........................................

- Contact person:....................................... Phone: .....................................................

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

Based on Official Letter No. ............... dated ... month ... year ... from the Trade Promotion Department (Department of Industry and Trade) confirming the implementation of the promotional program (name of the promotional program, time, promotional area);

(The trader's name) hereby notifies/registers the amendment and supplementation of the contents of the above promotional program as follows: .......................................................................................................

Reason for adjustment: ............................................................................................................

All other contents of this promotional program remain unchanged.

(The trader's name) commits to:

- Publicly announce information about the promotional program (with amended and supplemented content) in accordance with regulations.

- Ensure full rights of customers who have participated in the promotional program.

- Implement the promotional program in accordance with current legal regulations.

- (Other commitments......)

LEGAL REPRESENTATIVE OF THE BUSINESSPERSON (Sign and seal)

Form No. 07

NAME OF BUSINESSPERSON SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No:.......... ....., date month year 20...

PROMOTION IMPLEMENTATION REPORT

To:..................................

Business name: ......................................................................................................................

Head office address:................................................................................................................

Phone:.......................... Fax:............................ Email: ......................................................

Tax code:.................................................................................................................................

Contact person:............................................ Phone:..............................................................

(In case of notification to implement promotion) Based on official letter No...... dated... month... year... from (name of the trader) notifying the implementation of the promotion program (name of the program, duration, area, promotion);

(In case of registering to implement promotion) Based on official letter No........... dated... month... year... from the Trade Promotion Department (Department of Industry and Trade) confirming the registration to implement the promotion program (name of the program, duration, promotion area);

After the promotion program ends, (merchant name) reports in detail on the results of the promotion program (program name) as follows: Structure Value Quantity Quantity of prizes not yet announced Announced content Award won

the announced prize had no winner (VND) Prize... (VND) ..... won Total

1. Total prize value according to the announced rules: ....................................................................

2. Total prize value awarded: ............................................................................................

3. Total prize value with no winner (unclaimed prizes): ...................

(In case of a chance-based promotion)

4. (Name of the business) attaches:

(In case of a chance-based promotion)

- Minutes of the organization determining the winning results.

- Minutes of implementation of issuance along with evidence identifying the winning of promotional goods (In case the evidence of winning is issued with the goods: Attached, enclosed, placed inside the goods, or other similar methods).

5. Proposals and recommendations of the business: ....................................................................................

6. (Name of the merchant) fully commits to taking responsibility for the accuracy of the above information./.

LEGAL REPRESENTATIVE OF THE BUSINESSPERSON (Sign and seal)

Form No. 08

MINISTRY OF INDUSTRY AND TRADE SOCIALIST REPUBLIC OF VIETNAM TRADE PROMOTION AGENCY Independence - Freedom - Happiness

(DEPARTMENT OF INDUSTRY AND TRADE) ......, date..... month.... year...

No.:...../QD-...

DECISION

Regarding the collection of 50% of the value of unclaimed prizes of the promotional program for the state budget

HEAD OF THE TRADE PROMOTION AGENCY (DIRECTOR OF THE DEPARTMENT OF INDUSTRY AND TRADE)

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

Pursuant to Official Letter No.... dated.... month.... year.... of the Trade Promotion Agency (Department of Industry and Trade) confirming that (name of the merchant) carried out the promotional program (name of the program);

Pursuant to Report No.... dated.... month.... year.... of (name of the merchant) on the results of implementing the promotional program (name of the program, promotion period),

DECIDES:

Article 1. Pay into the state budget 50% of the announced value of the prizes that have no winners of the promotional program (program name) conducted by (name of the business) from... day... month... year... to... day... month... year...

Article 2. (Name of the business) is responsible for paying the state budget

- Amount: ......................................................................... VND (in words)

- To the State Treasury (province, city... of the authority issuing the Collection Decision)

- Content: Pay into the state budget 50% of the announced value of the prizes that have no winners of the promotional program (program name).

Article 3. (name of the business) is responsible for implementing this decision within 15 working days from the date of receipt of the Decision./. Recipients: DIRECTOR-GENERAL - As in Article 2; (DIRECTOR OF DEPARTMENT) - Provincial/City State Treasury... (Signed and sealed) (the agency issuing the collection decision); - Provincial/City Tax Department... (where the business has its head office); - Filed: VT,....

Form No. 09

NAME OF BUSINESSPERSON SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No:.......... ....., date month year 20...

REPORT

RESULTS OF IMPLEMENTATION OF PAYMENT TO THE STATE BUDGET

To:..................................

- Based on Official Letter No.......... dated... month... year... from the Trade Promotion Agency (Department of Industry and Trade) confirming the registration to implement the promotional program: (name of the program, duration of the promotion);

- Based on Decision No... dated... month... year... of.... regarding the payment to the state budget of 50% of the value of prizes with no winners from the promotional program.

(The name of the business) reports the implementation results as follows:

- Amount paid:.................................................... (VND) (attached is a copy of the payment receipt to the State Treasury).

- Payment date:.....................................................................................................................

- Proposals, recommendations of the company:..........................................................................

LEGAL REPRESENTATIVE OF THE BUSINESSPERSON (Sign and seal)

Contact person:.................................. Phone:........................................

Form number 10

NAME OF BUSINESSPERSON SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No:.......... ....., date month year 20...

REGISTRATION FOR ORGANIZING TRADE FAIRS AND EXHIBITIONS

To:...........................

- Trader name:..........................................................................................................

- Head office address:......................................................................................................

- Phone:.................................. Fax:............................ Email: ..................................

- Tax code: ...................................................................................................................

- Contact person:........................... Phone: ..................................................................

Pursuant to the Commercial Law, Decree No. 81/2018/NĐ-CP dated May 22, 2018, of the Government detailing the Commercial Law on trade promotion activities, (name of the business) registers to organize the trade fair and exhibition........................................... in the province/city (abroad) as follows:

1. First Trade Fair/Exhibition:

- Vietnamese name (full name/abbreviation): ..............................................................................

- English name (full name/abbreviation): ..............................................................................

- Time: ......................................................................................................................

- Location: ......................................................................................................................

- Theme (if any): ............................................................................................................

- Expected participating sectors: ......................................................................................

- Expected scale (Number of booths or number of enterprises): ....................................

- The display of counterfeit goods or goods infringing intellectual property rights for comparison with genuine goods (if any).....................................................................................................................

- The organization of awarding prizes, quality certificates, titles of goods or services, certificates of reputation, titles of traders, organizations, or individuals participating in the trade fair/exhibition (if any).......................................................................................

- The use of the name of the Socialist Republic of Vietnam or the name of a province/city (if any):............. ............................................................................................................................

2. The ...th trade fair/exhibition

- Vietnamese name (full name/abbreviation): ..............................................................................

- English name (full name/abbreviation): ..............................................................................

- Time: ......................................................................................................................

- Location: ......................................................................................................................

- Theme (if any): ............................................................................................................

- Expected participating sectors: ......................................................................................

- Expected scale (Number of booths or number of enterprises): ....................................

- The display of counterfeit goods or goods infringing intellectual property rights for comparison with genuine goods (if any) ...........................................................................................................................

- The organization of awarding prizes, quality certifications, titles of goods and services, credibility certifications, titles of traders, organizations, or individuals participating in fairs and trade exhibitions (if any)........................................................................................

- The use of the name of the Socialist Republic of Vietnam or the name of a province or city (if any) ..................................................................................................................................

(Name of the trader) commits to comply with and take full responsibility for the registered content in accordance with current legal regulations.

Within 30 days from the end date of the trade fair or commercial exhibition, (name of the trader) will report the implementation results to Your Department (Office).

LEGAL REPRESENTATIVE OF THE BUSINESS

(Signature and seal)

Attached documents:

A copy of the Business Registration Certificate (or equivalent) with the function of conducting trade fairs and commercial exhibitions.

Form No. 11

MINISTRY OF INDUSTRY AND TRADE SOCIALIST REPUBLIC OF VIETNAM TRADE PROMOTION AGENCY Independence - Freedom - Happiness

(DEPARTMENT OF INDUSTRY AND TRADE) ......, date..... month.... year...

No: ..........

Re: Confirmation of registration to organize trade fairs and commercial exhibitions

To: ...........................

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

In response to official letter No. ....... dated .... / .... / .... from (name of the trader) regarding the registration (change, supplement of registration content) to organize trade fairs and commercial exhibitions (abroad), the Trade Promotion Department (Department of Industry and Trade) confirms that (name of the trader) has registered (change, supplement of registration content) to organize trade fairs and commercial 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 participating sectors: ......................................................................................

- Expected scale (Number of booths or number of enterprises): ....................................

- The display of counterfeit goods or goods infringing intellectual property rights for comparison with genuine goods (if any) ...........................................................................................................................

- The organization of awarding prizes, quality certifications, titles of goods and services, credibility certifications, titles of traders, organizations, or individuals participating in fairs and trade exhibitions (if any)........................................................................................

- The use of the name of the Socialist Republic of Vietnam or the name of a province/city (if any)...........................................................................................................................................

(The name of the trader) is responsible for:

- Strictly complying with the provisions of the Commercial Law, Decree No. 81/2018/NĐ-CP dated May 22, 2018 of the Government detailing the Commercial Law on trade promotion activities and relevant regulations (of the host country) (in case of organizing a trade fair or exhibition abroad).

- Carry out administrative procedures with the competent state management authorities (if any) before organizing the awarding of prizes, quality certificates, and titles for goods and services, reputable certifications, or titles of traders, organizations, or individuals participating in trade fairs and exhibitions.

- Report the results to the Trade Promotion Department (Department of Industry and Trade) regarding the implementation of the registered contents and specific recommendations./. Recipients: DIRECTOR - As above; (DIRECTOR) - ............; (Signed and stamped) - Filed: VT,...

Form number 12

MINISTRY OF INDUSTRY AND TRADE SOCIALIST REPUBLIC OF VIETNAM TRADE PROMOTION AGENCY Independence - Freedom - Happiness

(DEPARTMENT OF INDUSTRY AND TRADE) ......, day... month... year...

No: ..........

Re: not confirming registration for organizing the fair

market, trade fair

To: ..........................................

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

Considering the dossier attached to official dispatch No..... dated... month.... year.... of (name of the trader) registering (change/supplement to the registration content) for organizing a fair, trade exhibition;

The Trade Promotion Agency (Department of Industry and Trade) does not confirm the registration (change, supplement registration contents) of the organization for the following trade fairs and exhibitions:

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

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

for the reason:.........................................................................................................................

The Trade Promotion Department (Department of Industry and Trade) announces for (name of the trader) to be aware of and implement./. Recipients: DIRECTOR - As above; (DIRECTOR) - ...........; (Signed and stamped) - Filed: VT,...

Form No. 13

ENTERPRISE NAME SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No.: ...... ....., day... month... year 20...

REGISTRATION FOR AMENDMENT AND SUPPLEMENT

CONTENT OF ORGANIZING TRADE FAIRS AND EXHIBITIONS

To: .........................................

- Trader name:..........................................................................................................

- Head office address:......................................................................................................

- Phone: .............................. Fax: ............................. Email: .....................................

- Contact person: .............................. Phone: ..............................................................

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

Based on Official Letter No..... dated... month... year... from the Trade Promotion Department (Department of Industry and Trade) confirming the registration for organizing the trade fair and exhibition in the year........ at....., (name of the business) requests to amend and supplement some of the content previously registered for organizing the trade fair and exhibition as follows:

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

- Vietnamese name (full name/abbreviation): ..............................................................................

- English name (full name/abbreviation): ..............................................................................

- Time: ......................................................................................................................

- Location: ......................................................................................................................

- Theme (if any): ............................................................................................................

- Expected participating sectors: ......................................................................................

- Expected scale (Number of booths or number of enterprises): ....................................

- The display of counterfeit goods or goods infringing intellectual property rights for comparison with genuine goods (if any) ...........................................................................................................................

- The organization of awarding prizes, quality certifications, titles for goods and services, reputation certificates, titles for traders, organizations, or individuals participating in the trade fair and exhibition (if any).......................

- The use of the name of the Socialist Republic of Vietnam or the name of the province/city (if any)

(Name of the business) commits to fully comply with and take complete responsibility for the organization of the trade fair/exhibition in accordance with current legal regulations.

Within 30 days from the end of the trade fair or commercial exhibition, (name of the trader) will report the implementation results to the Department (Office). LEGAL REPRESENTATIVE OF THE BUSINESS

(Signature and seal)

Form No. 14

ENTERPRISE NAME SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

No.: ...... ....., day... month... year 20...

REPORT

RESULTS OF ORGANIZING TRADE FAIRS, COMMERCIAL EXHIBITIONS

To:......................................

Trader name: ...........................................................................................................

Head office address: ................................................................................................

Phone:........................... Fax:.............................. Email:..........................................

Tax code: ................................................................................................................

Contact person:....................................... Phone: .......................................................

Based on Official Letter No........... dated... month... year... from the Trade Promotion Department (Department of Industry and Trade) confirming the registration to organize the trade fair or commercial exhibition;

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

1. Specific results of organizing the trade fair or commercial exhibition

Scale Vietnam International transaction results: beyond participation Number, value

Name of the trade fair, participation in contracts, agreements

trade exhibition (if any) item number confirmed; number agreed upon

receive (name, duration Number of quantity Number of quantity of guests

space, location) business space, business area, transaction;

industrial goods industrial goods other results...

2. Proposals, recommendations to the Trade Promotion Department (Department of Industry and Trade):...

LEGAL REPRESENTATIVE OF THE ENTERPRISE (Signature and stamp)