Regulations on publishing sales promotion results, awarding and reporting the results of sales promotion programs in Vietnam from December 1, 2024

Regulations on publishing sales promotion results, awarding and reporting the results of sales promotion programs 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 and supplementing certain articles of Decree 81/2018/ND-CP detailing the Commercial Law regarding commercial promotion activities in Vietnam.

Regulations on publishing sales promotion results, awarding and reporting the results of sales promotion programs in Vietnam from December 1, 2024

According to Article 21 of Decree 81/2018/ND-CP (amended and supplemented by Decree 128/2024/ND-CP):

- In case of executing sales promotion programs in the forms stipulated in Articles 12 and 13 of Decree 81/2018/ND-CP and other forms as per Clause 9, Article 92 of Commercial Law 2005, the deadline for announcing the winning results and awarding the prizes of the program shall not exceed 45 days from the end date of the promotional period, except for cases of force majeure as stipulated by law in Vietnam.

- Reporting the results of the promotional program:

+ Within 45 days from the end date of awarding prizes of the promotional program in forms stipulated in Article 13 of Decree 81/2018/ND-CP and other forms as per Clause 9, Article 92 of Commercial Law 2005, the enterprise executing the promotional program must report in writing to the competent state management agency (where registered and confirmed) the results of the promotional program according to Form No. 07 in the appendix issued with Decree 81/2018/ND-CP.

In cases where 50% of the value of unclaimed prizes must be allocated to the state budget, within 7 working days upon receiving the enterprise's report, the state management agency issues a decision to collect 50% of the declared value of unclaimed prizes of the promotional program according to Form No. 08 in the appendix issued with Decree 81/2018/ND-CP.

Within 45 days from receiving the collection decision from the state management agency, the enterprise is responsible for paying the 50% of the declared value of unclaimed prizes of the promotional program as per the decision. All related documents and records must be stored by the enterprise and be responsible according to the law to serve inspection and supervision;

+ Enterprises conducting promotions in the forms stipulated in Clause 8, Article 92 of Commercial Law 2005, Articles 8, 9, 10, 11, 12, and 14 of Decree 81/2018/ND-CP are not required to report the promotional results.

- Enterprises conducting sales promotion programs in forms other than those stipulated in Point b, Clause 2, Article 21 of Decree 81/2018/ND-CP are responsible for publicly announcing information on the results of the promotion at the promotional location, through media, or on the enterprise's website (if available). The information must include:

+ Name of the promotional program;

+ Promotional area (provinces, cities where the enterprise conducts promotions);

+ Form of promotion;

+ Goods and services promoted;

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

+ Promotional period;

+ Customers of the promotional program (beneficiaries);

+ Structure of prizes and total value of prizes awarded in the promotional program.

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