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Amend promotional program notification service in Vietnam

Promotional programs, when implemented in some forms, must fulfill the obligation to notify the competent authority before actually implementing them. However, due to the constant changes in the market and the rapid change in customer needs, updating and adjusting promotional program content is a regular procedure. To help businesses make these changes easily and effectively, Viet An Law provides amend promotional program notification service in Vietnam.

Amend promotional program notification service in Vietnam

Table of contents

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    Criteria Content
    Implementation time After announcing the promotional program according to regulations

    Before additional modifications are made

    Receiving agency Department of Industry and Trade where the promotion is held (in the area where the promotion is carried out)
    Submit application methos
    • By post to the Departments of Industry and Trade where promotions are held;
    • Directly at the headquarters of Departments of Industry and Trade where promotions are held;
    • Via email with an electronic signature or a scanned copy of the Promotion Notice with the trader’s signature and stamp to the email address announced by the Department of Industry and Trade;
    • Use the online public service system provided by the Department of Industry and Trade.
    Number of dossier 01 set
    Request Modifications and additions to the promotional program content must ensure that it does not affect the rights of customers who participated in the program before the program’s content was amended and supplemented.
    Administrative sanctions Failure to implement, incomplete implementation or improper implementation of regulations on notification of promotional activities when conducting promotions: 5 – 10 million VND for individuals, 10 – 20 million VND for businesses;
    Legal basis
    • Law on Commercial 2005;
    • Decree No. 81/2018/ND-CP detailing the Commercial Law on trade promotion activities, amended and supplemented by Decree 17/2020/ND-CP;
    • Decree No. 98/2020/ND-CP stipulating penalties for administrative violations in commercial activities, production and trading of counterfeit and banned goods, and protecting consumer rights, amended and supplemented by Decree No. Decision 17/2022/ND-CP.

    Obligation to notify amendments to the sale promotional program

    After announcing the implementation of the promotion, in case there is a change to the promotion program, the trader must notify the amendments and supplements to the content of the promotion program to the Department of Industry and Trade where the promotion is carried out.

    To ensure time to receive and process notification of amendments, merchants conducting promotions should proactively carry out the procedure 03 days before changes in promotional program content are made public to users and applied in fact.

    Sale promotional forms must be notified in Vietnam

    • Organizing customers to participate in cultural, artistic, and entertainment programs and other events for promotional purposes;
    • Giving samples of goods or providing samples of services to customers for trial use free of charge;
    • Selling goods or providing services at prices lower than goods sale prices or service provision charge rates previously applied during the period of sales promotion already registered or announced. In case of goods or services subject to the State management over their prices, the sales promotion in this form shall comply with regulations of the Government (promotion in the form of discounts).
    • Selling goods or providing services together with coupons that allow customers to enjoy one or several benefits.
    • Selling goods or providing services together with prize-contest entrance tickets to customers, to select prize winners according to the rules and prizes already announced.
    • Organizing programs for frequent customers whereby gifts are presented to customers based on the quantities or values of goods purchased or services used by such customers and expressed in the forms of customers’ cards, coupons acknowledging the purchase of goods or services, or other forms.
    • Organize for customers to participate in cultural, artistic, entertainment and other events for promotional purposes.

    Exclusions:

    If a promotion follows one of the above forms and falls into the following cases, the trader conducting the promotion does not need to make a notification according to the provisions of the law:

    • Promotional programs have a total value of prizes and gifts under 100 million VND;
    • Only conduct sales and promotions through e-commerce trading floors and online promotion websites. It should be distinguished from using trading floors or online promotional websites to post promotional information to consume goods directly at physical stores.

    Dossier for amendments and supplements to promotional program notification

    Documentation for notification of amendments and supplements to promotional programs includes the following items and quantities that need to be prepared:

    No Document Quantity Registration content amendments and supplements
    1 Notice of amendments and supplements to promotional program content 01 original copy according to form No. 06 Appendix issued with Decree No. 81/2018/ND-CP Contents of registration for amendments and supplements to promotional program content include:

    a) Name of trader conducting promotion ;

    b) Name of the promotion program;

    c) Area where promotions are carried out (provinces and cities where traders conduct promotions);

    d) Form of promotion;

    d) Promotional goods and services;

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

    g) Promotion implementation time;

    h) Customers of the promotion program (promotion beneficiaries);

    i) Prize structure and total prize value of the promotion program;

    k) Detailed content of the promotion program (promotion program rules);

    l) In case many merchants coordinate to implement a promotion program, the registration content must clearly state the names of the participating merchants, specific participation content and specific responsibilities of each participating merchant. performed in the program.

    Notes when announcing modifications and additions to promotional programs

    • Time to notify program amendments and supplements promotion: at least 03 working days before implementing the promotion program (change), the trader must submit a notification of amendments and supplements to the promotion program to the state management agency.
    • Modifications and additions to the promotional program content must ensure that it does not affect the rights of customers who participated in the program before the program’s content was amended and supplemented.

    Consulting services for registration and notification of sale promotional programs of Viet An Law

    • Specific and detailed advice on procedures for notification of amendments and supplements to promotional programs under current legal regulations;
    • Guide clients to prepare documents for notification, registration, and modification of promotional programs according to law;
    • Provide quick and timely notification of amendments and supplements to promotional programs;
    • Accompany clients in the process of modifying and supplementing promotional programs;
    • Support and limit risks for customers in cases related to promotional programs.

    If there is any unclear content or need specific advice related to amend promotional program notification service in Vietnam, please contact Viet An Law Firm for fastest advice.

    Disclaimer: This article was last updated in April 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.

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