Regulations on registration of amendments to sales promotion programs in Vietnam

Regulations on registration of amendments to sales promotion programs in Vietnam (Internet image)

1. Registration of amendments to sales promotion programs in Vietnam

According to Article 20 of Decree 81/2018/ND-CP, the registration for amendments and supplements to the content of the promotion program is done as follows:

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. 

* Registration application

 An application for amendments shall include a document according to Form no.6 provided the Appendix issued together with Decree 81/2018/ND-CP.

* Registration form

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.

- 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),

Competent state management agencies in charge of commerce prescribed by the law must consider whether to approve of amendments to sales promotion programs and provide clear explanation as regulated by laws if refusing such amendments

- For the case in which the amendments is approved by the Ministry of Trade and Industry, such Ministry must notify amended sales promotion program to the Department of Trade and Industry of the locality where such program is conducted for the purpose of cooperating in management.

- Amendments to sales promotion programs must not harm the rights and benefits of customers participated in the program before it is amended.

2. Obligations of traders doing sales promotion in Vietnam

Article 16 of Decree 81/2018/ND-CP stipulates the obligations of traders conducting sales promotion as follows:

* The traders involved in the production and trading of goods or services conducting sales promotion directly or through distribution trader such as wholesalers, retailers, agents, franchisers and other distribution traders as regulated by laws are required to:

- Notify and register sales promotion with competent regulatory agencies;

- Be responsible to laws and customers for sales promotion programs, except for hiring traders that do sales promotion as prescribed in Point b in Clause 1 in Article 2 of Decree 81/2018/ND-CP;

- Provide customers, distribution traders and relevant parties with sufficient, accurate and clear information required to be publicly notified as prescribed in Article 97 of the Commercial Law 2005;

- Fulfill other obligations as prescribed in Article 96 of the Commercial Law 2005 and Decree 81/2018/ND-CP.

* The traders that do sales promotion for goods or services of other traders under an agreement is required to:

- Fulfill other obligations as prescribed in Clause 5 in Article 96 of the Commercial Law 2005 and Decree 81/2018/ND-CP.

- Be responsible to laws and customers for activities specified in the sales promotion service contract.

Van Trong

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