Cases where display and introduction of goods and/or services are prohibited in Vietnam

What is display and introduction of goods and services?

Based on the provisions of the Commercial Law 2005, display and introduction of goods and services mean commercial promotion activities of traders that use goods and/or services and documents thereon to introduce such goods and/or services to customers.

Vietnamese traders, branches of Vietnamese traders and Vietnam-based branches of foreign traders shall have the right to display and introduce goods and/or services; to select appropriate forms of display and introduction; to organize by themselves or hire traders providing goods/service display and introduction services to display and introduce their goods and/or services.

Representative offices of traders shall not be allowed to directly display and introduce goods and/or services of traders they are representing, except for displays and introductions at their offices. When being authorized by traders, representative offices shall have the right to enter into contracts with traders providing goods/service display and introduction services for the display and introduction of goods and/or services of traders they are representing.

Foreign traders not yet licensed to conduct commercial activities in Vietnam and wishing to display and introduce their goods and/or services in Vietnam must hire Vietnamese traders providing goods/service display and introduction services to do so.

Cases where display and introduction of goods and/or services are prohibited in Vietnam (Internet image) 

Forms of display and introduction of goods and services in Vietnam

Pursuant to Article 120 of the Commercial Law 2005, forms of display and introduction of goods and services include:

- Opening showrooms for displaying and introducing goods and/or services.

- Displaying and introducing goods and/or services at trade centers or in entertainment, sport, cultural or artistic activities.

- Organizing conferences and seminars involving the display and introduction of goods and/or services.

- Displaying and introducing goods and/or services online and in other forms specified by law.

Conditions for goods and services displayed and introduced

(1) Conditions for displayed and introduced goods and/or services

- Displayed and introduced goods and/or services must be those which are legally traded in the market.

- Displayed and introduced goods and/or services must comply with the provisions of law on goods quality and goods labeling.

(2) Goods imported into Vietnam for display and introduction must, apart from the conditions defined above, also satisfy the following conditions:

- Being goods permitted for import into Vietnam;

- Goods which are temporarily imported for display and introduction must be re-exported after the end of such display and introduction within six months as from the date of temporary import; past this time limit, the procedures for time limit prolongation must be carried out at the customs offices where the temporary import has been made;

- Goods temporarily imported for display and introduction which are sold in Vietnam shall comply with the provisions of Vietnamese law on import goods.

Legal basis: Articles 121 and 122 of the Commercial Law 2005.

Cases where display and introduction of goods and/or services are prohibited in Vietnam

Pursuant to Article 123 of the Commercial Law 2005, cases where display and introduction of goods and/or services are prohibited include:

- The organization of display and introduction of goods and/or services, or the use of forms and means of goods and/or service display and introduction, which are detrimental to national security, social order and safety, landscape, environment and human health;

- Display and introduction of goods and/or services or use of forms and means of display and introduction, which are contrary to the historic, cultural and ethical traditions and fine customs of Vietnam;

- Display and introduction of goods and/or services, which reveal state secrets;

- Display and introduction of goods of other traders for comparison with one’s own goods, except where the goods for comparison are counterfeit goods or goods infringing upon intellectual property rights according to the provisions of law;

- Display and introduction of goods samples which are inconsistent with goods being traded in terms of quality, price, utility, design, category, packing, warranty duration and other quality standards in order to deceive customers.

Mai Thanh Loi

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