Reporting the results of promotional activities is a form of post-inspection to serve state management in promotional activities across the country. This is the basis for increasing the transparency and objectivity of promotional programs implemented and registered with state agencies and directly affects the rights of consumers. Viet An Law, with extensive experience in performing services related to promotional activities for businesses, will provide general advice on reporting sale promotion results in Vietnam in the article below.
| Criteria | Content |
| Execution time | After the end of the prize-awarding period of the promotion program, traders must carry out procedures for reporting the results of promotion implementation for promotion forms that must be registered. |
| Duration | 45 days from the expiration date of the promotion program’s prize award, the trader implementing the promotion program must have a written report to the competent state management agency (where registered and confirmed) about results of promotional programs |
| Promotional forms must be registered | · Promotional programs of chance: Sale of goods or provision of services together with participation by customers in promotional games of chance in connection with the purchase of goods or services and winning of prizes due to chance of participants according to rules and prizes already announced (according to Article 13 of Decree 81/2018/ND-CP guiding the Commercial Law on trade promotion activities);
· Other forms of sales promotion if approved by the State management agency in charge of commerce (according to Clause 9, Article 92 of the Commercial Law). |
| Receiving agency | · Department of Industry and Trade for promotional programs of chance implemented in one (01) province or centrally run city;
· Ministry of Industry and Trade for promotional programs of chance carried out in two (02) provinces and centrally run cities or more and promotional programs in other forms. |
| Report form | Written report to the competent state management agency (where registered and confirmed) according to the prescribed form. |
| Related obligations | · Promotional traders are obliged to deposit 50% of the value of prizes without winners into the state budget within 15 days of receiving the decision on collection and payment from the state management agency and resend the report. Submit the budget within 10 days. |
| Administrative penalties for late reporting | · Submitting a report less than 30 days later than the prescribed deadline (from the last day of the reporting period): Fine from 1,000,000 VND to 3,000,000 VND.
· Submitting a report more than 30 days later than the prescribed deadline (from the last day of the reporting period): Fine from 3,000,000 VND to 5,000,000 VND. · Failure to submit reports on promotional results according to regulations or notifying or reporting: Fine from 10,000,000 VND to 20,000,000 VND. |
| Legal basis | · Law on Commercial 2005;
· Article 21 of 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. |
Documents reporting promotional results include the following items and quantities that need to be prepared:
| No | Document | Quantity | Content of promotion results report |
| 1 | Report on promotion implementation (according to form No. 07, Appendix issued with Decree No. 81/2018/ND-CP) | 01 original copy | 1. Total prize value according to announced rules;
2. Total value of awards awarded; 3. Total value of prizes without winners (backlog prizes). |
| 2 | Organizational minutes determine the winning results | 01 original copy | |
| 3 | Minutes of issuance of proof of winning prize attached to promotional goods (In case proof of winning prize is issued with the goods; Attached, attached, placed inside the goods or other similar methods). | 01 original copy | |
| 4 | Power of Attorney for Viet An Law to perform services. | 01 original copy |
According to the provisions of Article 21 of Decree 81/2018/ND-CP, in addition to programs that must be registered with reports, the obligation to report the results of promotional activities is also imposed in the form of 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.
However, traders conducting promotions with contest entries do not need to carry out procedures with the state agency where the promotion has been announced, but only need to publicly announce information about the results of the promotion. at promotional locations or on media or the merchant’s website (if there is a website).
In case 50% of the prize value without a winner must be deducted into the state budget, within 07 working days of receiving the trader’s report, the state management agency shall issue a decision. Collect and pay 50% of the announced value of prizes without winners of the promotion program according to Form No. 08 Appendix issued with Decree No. 81/2018/ND-CP. Within 15 working days of receiving the decision on collection and payment from the state management agency, the trader is responsible for paying 50% of the announced value of the prize without a winner of the program by decision.
Within 10 days from the date of payment to the state budget, traders are responsible for sending a written report according to Form No. 09, Appendix issued with Decree No. 81/2018/ND-CP to state management agencies. make a payment decision. Vouchers and documents related to reports on promotional results must be stored and held by the trader by the provisions of law to serve the work of inspection, examination, and supervision.
If there is any unclear content or need specific advice related to registration services and reporting on promotional results in Vietnam, please contact Viet An Law Firm for the fastest advice and support.
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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