Do promotional programs on e-commerce platforms (Shopee, Lazada,...) need to be notified to the Department of Industry and Trade of Vietnam?
- What are the regulations on sale of goods at discounted prices during the announced period of sales promotion?
- What are the regulations on the sales promotion on e-commerce platforms in Vietnam?
- Do promotional programs on e-commerce platforms (Shopee, Lazada,...) need to be notified to the Department of Industry and Trade of Vietnam?
What are the regulations on sale of goods at discounted prices during the announced period of sales promotion?
Sales promotion in the form of sale of goods at discounted prices are specified in Article 10 of Decree 81/2018/ND-CP.
As follows:
Sale of goods or provision of services at discounted prices during the announced period of sales promotion
1. Where sales promotion is done in the form of discount, the discounted price of the promoted product offered at any time during the period of sales promotion shall comply with regulations prescribed in Article 7 of this Decree.
2. Discount on goods or services whose sale prices or charge rates are particularly quoted by the State is prohibited.
3. Discount of goods or services to lower than the minimum levels in cases where the State has set price frames or minimum prices for such goods or service is prohibited.
4. Taking advantage of this form of sales promotion to dump goods or services is prohibited.
5. Total duration of sales promotion done in the form of discount for a certain goods or service mark must not exceed 120 days in a year excluding the duration of sales promotion programs conducted in the form of discount included in the concentrated sales promotion programs and trade promotion programs decided by the Prime Minister.
Thus, promotional programs in the form of direct discounts on products are implemented according to the content specified above.
At the same time, in the case of conducting promotions in the form of discounts, the price reduction of goods and services promoted during the promotion period at any time must comply with the regulations on the maximum discount rate allowed stipulated in Article 7 of Decree 81/2018/ND-CP.
Do promotional programs on e-commerce platforms (Shopee, Lazada,...) need to be notified to the Department of Industry and Trade of Vietnam? (Image from the Internet)
What are the regulations on the sales promotion on e-commerce platforms in Vietnam?
Sales promotion on e-commerce platforms are implemented in accordance with regulations on promotions of goods and services that use the internet, means, electronic devices, and information technology applications in Article 15 of the Decree 81/2018/ND-CP.
As follows:
Goods or service sales promotion with the use of the Internet, electronic media or information technologies
1. The trader doing sales promotion programs relating to the use of the Internet, electronic media or the application of information technologies or other instruments must comply with sales promotion provisions of the Commercial Law, this Decree or relevant law provisions.
2. The trader providing the service of e-commerce website or promotional online website shall be responsible for:
a) assuring all information about sales promotion activities posted on the website conforms to the law on sales promotion, e-commerce, advertisement and relevant law provisions;
b) asking the trader doing sales promotion on the website to provide information on sales promotion activities;
c) providing an inspection and supervision mechanism to make sure information is provided sufficiently and accurately by the trader doing sales promotion;
d) timely taking actions against sales promotion acts violating the law on the website when discovering or receiving comments on such acts.
dd) assisting state management agencies in investigating, inspecting, supervising sales promotion acts violating the law, providing information concerning trading registration and trading history and other documents regarding the offenders;
e) playing the role of a third party in charge of providing information on sales promotion activities for consumers as required by the law on consumer rights and benefits protection.
Thus, the sales promotion on e-commerce platforms is implemented according to the above content.
Do promotional programs on e-commerce platforms (Shopee, Lazada,...) need to be notified to the Department of Industry and Trade of Vietnam?
According to the provisions of Clause 2, Article 17 of Decree 81/2018/ND-CP on cases that do not require notification of promotional activities as follows:
Notification of sales promotion
...
2. Traders not required to notify sales promotion if doing types of sales promotion prescribed in Clause 8 in Article 92 of the Commercial Law and Article 8, 9, 10, 11, 12 and 14 of this Decree including:
a) Traders doing sales promotion prescribed in Clause 1 in this Article of which the total prizes or gifts are valued under VND 100 million;
b) Traders selling goods and doing sales promotion via e-commerce website or promotional online website
3. Traders may select one of the following forms of notification:
a) Submitting a notification document to the Department of Trade and Industry of the locality where the sales promotion program is conducted by post;
a) Submitting a notification document directly to the head office of the Department of Trade and Industry of the locality where the sales promotion program is conducted;
c) Submitting a notification document with an e-signature or a scan of the announcement of sales promotion bearing the signature and seal of such traders to the email address published by the Departments of Trade and Industry;
d) Using the public online service system provided by the Department of Trade and Industry.
Thus, for merchants who only conduct sales and promotions through e-commerce platforms such as Shopee and Lazada, there is no need to notify the Department of Industry and Trade when implementing promotional programs.
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