Vietnam: Does registration for promotional games of chance require an uncertified copy of the document on the quality of the promotional product?
- Does registration for promotional games of chance in Vietnam require an uncertified copy of the document on the quality of the promotional product?
- Is it allowed to conduct promotional games of chance in localities of 2 or more provinces and centrally-affiliated cities? Which authority shall receive applications for registration of promotional games of chance conducted in localities of 2 or more provinces and centrally-affiliated cities in Vietnam?
- Is it required to notify amendments to promotional games of chance to the Vietnam Ministry of Trade and Industry?
Does registration for promotional games of chance in Vietnam require an uncertified copy of the document on the quality of the promotional product?
On February 29, 2024, the Prime Minister of Vietnam issued Decision 209/QD-TTg 2024 on approving the plan for reducing and simplifying regulations related to business activities under the management of the Ministry of Industry and Trade in 2024.
According to Decision 209/QD-TTg 2024 on administrative procedures in the field of trade promotion for registration of promotional games of chance conducted in 1 province or centrally-affiliated city (administrative procedure code: 2.000004):
Administrative procedure 3: Procedures for registration of promotional games of chance conducted in 1 province or centrally-affiliated city (administrative procedure code: 2.000004)
Reduced and simplified contents:
- Reduced contents: Reduce 01 component of the administrative procedure dossier (01 uncertified copy of the document on the quality of the promotional product as prescribed by law).
Reason: Clause 4, Article 19 of Decree No. 81/2018/ND-CP stipulates that an application for sales promotion registration includes "01 uncertified copy of the document on the quality of the promotional product as prescribed by law". Electronics supermarkets, commercial centers, and general business stores,...implementing sales promotions for all products and goods will be difficult when submitting this document.
Currently, the application for registration of promotional games of chance specified in Clause 4, Article 19 of Decree 81/2018/ND-CP, including:
- 01 application form for registration of sales promotion according to Form no.2 provided in the Appendix issued together with Decree 81/2018/ND-CP;
- documented rules of sales promotion according to Form no.3 provided in the Appendix issued together with Decree 81/2018/ND-CP;
- proofs of prize-winning or a detailed description of such proofs;
- 01 uncertified copy of the document of quality of the promotional product as required by laws
Thus, according to the plan for reducing and simplifying regulations related to business operations under the management of the Ministry of Industry and Trade, an uncertified copy of the document on the quality of the promotional product is removed from the application for registration of promotional games of chance conducted in 1 province or centrally-affiliated city according to the roadmap in 2024.
The procedure simplification is to support electronics supermarkets, commercial centers, and general business stores,... which are difficult when submitting this document to implement sales promotions for all products and goods.
Is it allowed to conduct promotional games of chance in localities of 2 or more provinces and centrally-affiliated cities? Which authority shall receive applications for registration of promotional games of chance conducted in localities of 2 or more provinces and centrally-affiliated cities in Vietnam?
Under Clause 1 and Clause 2, Article 19 of Decree 81/2018/ND-CP on registration of sales promotion:
"Registration of sales promotion
1. Traders must follow the administrative procedure for registration of sales promotion and must have their registration certified by competent state management agencies before conducting sales promotion programs in the forms prescribed in Article 13 of this Decree and other forms as prescribed in Clause 9 in Article 92 of the Commercial Law.
2. Competent state management agencies prescribed in Clause 1 in this Article include:
a) the Department of Trade and Industry for promotional games of chance conducted in the locality of a province or centrally-affiliated city;
b) the Ministry of Trade and Industry for promotional games of chance conducted in localities of 2 or more provinces and centrally-affiliated cities and other types of promotional games of chance."
Thus, it is allowed to conduct promotional games of chance in localities of 2 or more provinces and centrally-affiliated cities; the application shall be submitted to the Ministry of Trade and Industry.
Is it required to notify amendments to promotional games of chance to the Vietnam Ministry of Trade and Industry?
Under Article 20 of Decree 81/2018/ND-CP:
- With regard to amendments to registered sales promotion programs, the traders must register the amendments to sales promotion programs with the competent state management agencies to which the registration is applied for before amending such programs. An application for amendments shall include a document according to Form no.6 provided the Appendix issued together with Decree 81/2018/ND-CP.
- The trader may apply for the registration in one of the following forms:
+ Submitting an application for amendments to competent state management agencies by post;
+ Submitting an application for amendments directly to the head office of competent state management agencies;
+ Using the public online service system provided by competent state management agencies.
- Competent state management agencies in charge of commerce must consider whether to approve of amendments to sales promotion programs and provide clear explanation as regulated by laws if refusing such amendments within 05 working days from the day on which the application is received (according to the receiving date recorded in the delivery note if such application is sent by post or according to the date specified in the confirmation note if it is submitted directly or the date recorded on the system if it is sent via the public online website system).
- For the case in which the amendments is approved by the Ministry of Trade and Industry, such Ministry must notify the amended sales promotion program to the Department of Trade and Industry of the locality where such program is conducted to cooperate in management.
- Amendments to sales promotion programs must not harm the rights and benefits of customers who participated in the program before it is amended.
Thus, traders must carry out procedures for amendment of the sales promotion program according to Article 20 of Decree 81/2018/ND-CP mentioned above in case of amendment after the sales promotion program has successfully registered with the Ministry of Industry and Trade.
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