Sale promotional notification service in Vietnam

Sale promotional notification is not only a legal obligation of enterprises conducting promotions but also an important factor in business activities to create transparency for customers. In 2024, Decree 128/2024/ND-CP was issued to amend Decree 81/2018/ND-CP regulating promotional notification activities, abolishing many types of notification obligations from December 1, 2024, creating favorable conditions for business traders to make sales strategies. To facilitate the implementation of procedures for customers, Viet An Law advises on basic contents related to sale promotional notification service in Vietnam in the following article.

Cases where procedures for sale promotional notification must be followed

Pursuant to Article 17 of Decree 81/2018/ND-CP amended and supplemented by Point a, Clause 3, Article 1 of Decree 128/2024/ND-CP, traders shall carry out the procedure of notifying promotional activities to all Departments of Industry and Trade where the promotion is organized (in the area where the promotion is implemented) before implementing the promotion program in the following 2 forms:

Notes:

Traders are also not required to notify promotions in the following forms:

• Traders doing sales promotion mentioned in the table above of which the total prizes or gifts are valued under VND 100 million
• Traders only carry out promotional programs in the form of promotion stated in the above table for goods and services sold and provided through e-commerce trading floors, e-commerce trading floor applications, online promotional websites and online promotional applications.

Note: New regulations apply from 1/12/2024

The new Decree 128/2024/ND-CP has abolished 04 forms of promotion that must be notified according to the old regulations of Decree 81/2018/ND-CP, including:

• Provision of sample goods or services free of charge
• Gifting of goods or services
• Sale of goods or provision of services at discounted prices during the announced period of sales promotion
• Sale of goods or provision of services together with coupons

Thus, from December 1, 2024, traders doing sales promotion in the above forms will no longer need to carry out notification procedures.

Multiple traders implement the same promotion program

In addition, in case many traders cooperate to implement a promotional program, pursuant to Clause 5, Article 17 of Decree No. 81/2018/ND-CP, the notification must clearly state the names of the traders implementing the program, the specific content of participation and the specific responsibilities of each trader participating in the promotion program on the basis of a written agreement/contract between the traders.

Sale promotional notification service in Vietnam

Time limit for implementing nationwide sale promotion notification procedures

Traders must notify the Department of Industry and Trade of promotions:

• At least 03 working days in advance;
• Before doing sale promotions.

This time limit is based on:

• Date of receipt stated on the postal bill of lading or equivalent in case of sending by post;
• Date recorded on the application receipt in case of direct submission;
• Time recorded on the email system or based on the date recorded on the system in case of submission via the online public service system.

Notification dossier

The promotional notification dossier includes the Promotion Implementation Notification according to Form No. 01 of the Appendix issued with Decree 128/2024/ND-CP.

The Notification form fully includes the following contents:

• Name of the trader doing the sale promotion;
• Name of the sale promotion program;
• Location of the promotion (provinces and cities where the merchant implements the promotion);
• Promotional form;
• Promotional goods and services;
• Goods and services use to do sale promotion (prizes, gifts);
• Promotional duration;
• Promotional customers (promotional beneficiaries);
• Prize structure and total prize value of the promotion program;
• Detailed content of the promotion program.
• In case multiple traders cooperate to implement the promotion program, the names of the traders implementing the program, the specific participation content and specific responsibilities of each trader participating in the program must be clearly stated.

How to submit dossier

Pursuant to the new regulations from 2024, traders choose one of the following notification methods:

• Submit 01 notification dossier via postal service to the Department of Industry and Trade where the promotion is held;
• Submit 01 notification dossier directly at the headquarters of the Department of Industry and Trade where the promotion is held;
• Submit 01 notification dossier via the National Public Service Portal or the Provincial Administrative Procedure Information System.

Public notification of sale promotional program information

As stipulated in Article 17.6 of Decree 81/2018/ND-CP, after receiving the notification dossier of the trader, the Department of Industry and Trade is responsible for publicizing it in appropriate forms (documents, electronic news pages or other forms with equivalent effects) pursuant to the provisions of law.

Information about the sale promotional program that the trader has announced must be made public no earlier than the start time of the sale promotional program. The information that must be made public includes:

• Name of the implementing trader;
• Detailed program content;
• Promotion implementation time;
• Promotion implementation location.

Modify and supplement promotional notification content

In case a notification has been sent to the Department of Industry and Trade but there is a need to amend or supplement the content of the promotional program, the trader must carry out the administrative procedure of notifying the amendment or supplement to the content of the promotional program before making the amendment and implementing it in practice.

The notification dossier sent to the Department of Industry and Trade where the promotion was announced includes 01 document notifying the amendment and supplement of the promotional program content according to Form No. 06 of the Appendix issued with Decree 128/2024/ND-CP (amending the previous Decree 81/2018/ND-CP).

Note: Amendments and supplements to the promotional program content must ensure that they do not affect the rights of customers who participated in the program before the program was amended or supplemented.

Are there any fees for sale promotional notifications?

Currently, promotional notifications are free of government fees. However, businesses will need to prepare costs for other services such as printing, delivery, notarization, legal services representing businesses to carry out promotional notification procedures. Please contact Viet An  Law for detailed fee quotes.

Sale promotional notification service in Vietnam of Viet An Law

Currently, most traders want to doing sale promotion activities to promote the purchase and sale of goods and services nationwide (63 provinces/cities). Therefore, the implementation of the procedure for Notification of promotional activities does not stop at the company’s headquarters and some big cities such as Hanoi, Ho Chi Minh City, but many traders want to carry out promotional programs nationwide.

With the development of information technology and the improvement of the quality of administrative procedures, currently, 63 provinces/cities have their own public service pages to carry out necessary procedures for businesses. Traders only need to use their digital signature to register an account and log in to submit online easily and quickly.

However, many traders still have difficulty in determining the form of promotion and drafting the content of the promotion notice. To help customers achieve high efficiency in terms of time and cost in the process of implementing promotions, the service of Viet An Law will help customers save time, overcome difficulties in the process of drafting, submitting, processing and receiving results of the Sale promotional notification procedure.

The above article of Viet An Law has informed you about the general content of sale promotional notification service in Vietnam. Customers please contact us for the fastest support and timely response at the most reasonable cost!