Cases not required to carry out administrative procedures to notify sales promotion in Vietnam from December 1, 2024

Tran Thanh Rin

08:30, 14/10/2024

From December 1, 2024, traders in Vietnam will not be required to perform the administrative procedure to notify sales promotion in Vietnam if they fall under the following cases.

Cases Not Required to Carry Out Administrative Procedures for Promotion Notification Effective from December 1, 2024

Cases not required to carry out administrative procedures to notify sales promotion in Vietnam from December 1, 2024 (Image from the Internet)

On October 10, 2024, the Government of Vietnam issued Decree 128/2024/ND-CP amending Decree 81/2018/ND-CP guiding the Commercial Law on trade promote in Vietnam.

Cases not required to carry out administrative procedures to notify sales promotion in Vietnam from December 1, 2024

The cases not required to carry out administrative procedures to notify sales promotion in Vietnam from December 1, 2024, include:

- Conducting promotions in forms specified in Clause 8, Article 92 of the Commercial Law and Articles 8, 9, 10, 11 of Decree 81/2018/ND-CP;

- Conducting promotions in forms specified in Articles 12, 14 of Decree 81/2018/ND-CP with the total value of prizes, gifts under 100 million dong;

- Only carrying out promotional programs in forms specified in Articles 12, 14 of Decree 81/2018/ND-CP for goods, services sold, provided via e-commerce trading floors, e-commerce trading floor applications, online promotional websites, and online promotional applications.

(Clause 2, Article 17 of Decree 81/2018/ND-CP, as amended by Decree 128/2024/ND-CP)

Forms of notification of sales promotion in Vietnam from December 1, 2024

Specifically, merchants can choose one of the following ways to notify sales promotion implementation:

- Submit 01 notification dossier via postal service to the Department of Industry and Trade where the promotion is organized;

- Submit 01 notification dossier directly at the headquarters of the Department of Industry and Trade where the promotion is organized;

- Submit 01 notification dossier via the National Public Service Portal or the provincial level administrative procedure resolution information system.

(Clause 3, Article 17 of Decree 81/2018/ND-CP, as amended by Decree 128/2024/ND-CP)

Content of notification of sales promotion in Vietnam

According to Clause 5, Article 17 of Decree 81/2018/ND-CP, the content of notification of sales promotion in Vietnam includes:

- Name of the merchant conducting the promotion;

- Name of the promotional program;

- Area of promotion implementation (provinces, cities where the merchant conducts the promotion);

- Form of promotion;

- Goods, services promoted;

- Goods, services used for promotion (prizes, gifts);

- Duration of the promotion;

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

- Prize structure and total prize value of the promotional program;

- Detailed content of the promotional program.

- In case multiple merchants jointly implement a promotional program, the names of the merchants involved, specific participation content, and specific responsibilities of each merchant involved in the program must be clearly stated.

According to the regulations, merchants must complete the administrative procedure notification on promotion activities to all Departments of Industry and Trade where the promotion is held (in the area of promotion implementation) before executing the promotional program in the manner specified in Articles 12 and 14 of Decree 81/2018/ND-CP, except for cases specified at point b and point c, clause 2, Article 17 of Decree 81/2018/ND-CP.

The notification dossier must be sent to the Department of Industry and Trade at least 03 working days before the promotion implementation (based on the receipt date on the consignment note or equivalent evidence when sent by postal service, based on the date on the receipt slip when submitted directly, or based on the recorded date in the system when submitted via the online public service system).

(Clause 1, Article 17 of Decree 81/2018/ND-CP, as amended by Decree 128/2024/ND-CP)

More details can be found in Decree 128/2024/ND-CP, which comes into force in Vietnam from December 1, 2024.

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