Circular No. 18/2001/TT-BTM dated July 12, 2001 of the Ministry of Trade guiding trade fair and exhibition activities prescribed in the Government's Decree No. 32/1999/ND-CP dated May 5, 1999 on sale promotion, commercial advertisement as well as trade fairs and exhibitions

CIRCULAR

GUIDING TRADE FAIR AND EXHIBITION ACTIVITIES PRESCRIBED IN THE GOVERNMENT’S DECREE No. 32/1999/ND-CP OF MAY 5, 1999 ON SALE PROMOTION, COMMERCIAL ADVERTISEMENT AS WELL AS TRADE FAIRS AND EXHIBITIONS

Pursuant to the Government’s Decree No. 32/1999/ND-CP of May 5, 1999 on sale promotion, commercial advertisement as well as trade fairs and exhibitions, hereinafter called Decree No. 32/1999/ND-CP for short;

After consulting with several concerned agencies and getting the consent of the Prime Minister (the Government’s Document No. 501/CP-KTTH of June 8, 2001 guiding Decree No. 32/1999/ND-CP), the Ministry of Trade hereby guides in detail trade fair and exhibition activities for uniform implementation as follows:

I. THE RIGHT TO ORGANIZE AND PARTICIPATE IN TRADE FAIRS AND EXHIBITIONS

1. Traders providing trade fair and exhibition services (Vietnamese traders, foreign-invested enterprises in Vietnam, branches of Vietnamese traders and branches of foreign traders in Vietnam) shall have the right to organize or organize the participation in trade fairs and/or exhibitions in Vietnam or foreign countries if they fully meet the following conditions:

a) Being enterprises established under the provisions of law;

b) Their business registration certificates, for traders, investment licenses, for foreign-invested enterprises in Vietnam, or establishment licenses, for branches of foreign traders in Vietnam, prescribe the business line of providing trade fair and exhibition services.

2.Traders not providing trade fair and exhibition services (Vietnamese traders, foreign-invested enterprises in Vietnam, branches of Vietnamese traders and branches of foreign traders in Vietnam) shall, according to their business scope, have the right to organize by themselves or participate in trade fairs and exhibitions in Vietnam or foreign countries, or hire traders providing trade fair and exhibition services to do so.

3. Foreign traders may participate in trade fairs and exhibitions in Vietnam.

4. Representatives offices of Vietnamese traders, foreign-invested enterprises in Vietnam and foreign traders in Vietnam may directly organize or participate in trade fairs and exhibitions in Vietnam for the goods and/or services dealt in by such traders, if they are so authorized.

II. GOODS PARTICIPATING IN TRADE FAIRS AND/OR EXHIBITIONS

1. Goods made in Vietnam and goods lawfully imported into Vietnam

a) Goods of various types, except those on the list of goods banned from circulation and the list of goods banned from import as prescribed by law, may participate in trade fairs and/or exhibitions.

b) Goods entitled to participate in trade fairs and/or exhibitions as defined in Clause a of this Section, when participating therein, shall have to comply with the provisions of the legislation on goods labeling.

2. Goods temporarily imported for participation in trade fairs and/or exhibitions in Vietnam

a) Goods of various types, except those on the list of goods banned from import and the list of goods banned from circulation as prescribed by law, may be temporarily imported for participation in trade fairs and/or exhibitions in Vietnam.

b) Goods subject to specialized management, which are temporarily imported for participation in trade fairs and/or exhibitions, shall comply with the regulations of the specialized management ministries.

c) Traders shall only have to declare the quantity of goods temporarily imported for participation in trade fairs and/or exhibitions when they carry out the procedures for temporary import at the border-gate customs offices without having to obtain approval of the Ministry of Trade.

d) Goods temporarily imported for participation in trade fairs and/or exhibitions must be re-exported within 30 (thirty) days as after the end of such fairs and/or exhibitions. If, within the above-said time limit, goods are not re-exported, traders shall have to send a written extension application to the provincial/municipal Trade Services of the localities where the fairs and/or exhibitions are held. Each extension shall not exceed 30 (thirty) days as from the expiry date, and such time limit shall not be extended for more than 3 (three) times.

In cases where all the 3 (three) extensions have been granted and expired, but the traders still fail to re-export the goods, they shall have to send a written extension application to the Ministry of Trade.

Within 5 (five) working days as from the date of receiving the extension application from traders, the competent agencies shall have to reply them in writing whether they approve or not (clearly stating the reasons therefor), and at the same time, send such reply to the border-gate customs offices where traders carry out the procedures for temporary import.

3. Goods temporarily exported for participation in trade fairs and/or exhibitions in foreign countries

Goods of various types, except those on the list of goods banned from export as prescribed by law, may be temporarily exported for participation in trade fairs and/or exhibitions in foreign countries and re-imported when such fairs and/or exhibitions end.

Goods on the list of those banned from export may be temporarily exported for participation in trade fairs and/or exhibitions in foreign countries only after so approved in writing by the Prime Minister.

The duration of temporary export of goods for participation in trade fairs and/or exhibitions in foreign countries shall be 1 (one) year as from the date such goods are temporarily exported. If past the above-said time limit, goods are not re-imported, they shall be liable to tax and other financial obligations (if any) as prescribed by Vietnamese laws.

III. SALE OF GOODS PARTICIPATING IN TRADE FAIRS AND/OR EXHIBITIONS

1. Sale of goods temporarily imported for participation in trade fairs and/or exhibitions in Vietnam

a) Goods temporarily imported for participation in trade fairs and/or exhibitions in Vietnam may be sold during and after the fairs and/or exhibitions.

For goods on the list of those imported under the Trade Ministry’s permits, they may be sold only after so permitted in writing by the Trade Ministry. Within 5 (five) working days as from the date of receiving written request from traders, the Trade Ministry shall have to reply them in writing whether it approves or not (clearly stating the reasons therefor), and at the same time, send such written reply to the border-gate customs offices where traders carry out the procedures for temporary import for them to have grounds for supervision and liquidation.

For goods on the list of import goods subject to specialized management, except those not yet allowed to be lawfully circulated in Vietnam which must be re-exported, they may be sold without written approval of the Ministry of Trade.

b) Goods temporarily imported for participation in trade fairs or exhibitions, which are sold, presented or donated during and after the fairs and/or exhibitions, shall be liable to tax and other financial obligations as prescribed by Vietnamese laws.

2. Sale of goods temporarily exported for participation in trade fairs or exhibitions in foreign countries

Goods temporarily exported for participation in trade fairs or exhibitions in foreign countries, if they are sold in foreign countries, shall be liable to tax and other financial obligations (fi any) as prescribed by Vietnamese laws.

IV. PROCEDURES FOR ORGANIZING AND PARTICIPATING IN TRADE FAIRS OR EXHIBITIONS

1. Organizing and participating in trade fairs or exhibitions in Vietnam

a) Traders providing trade fair and exhibition services shall only have to send the written registration of annual plans on organizing trade fairs and/or exhibitions made under the guidance in Section 3 of this Part to the provincial/municipal Trade Services of the localities where the fairs and exhibitions shall be held before December 1 of the preceeding year.

The provincial/municipal Trade Services shall send written reply, certifying or refusing to certify the registration of plans on organizing trade fairs and/or exhibitions to traders no later than December 1 of the year preceeding the planned year.

In cases where there are changes in themes, organization time or number of trade fairs and exhibitions as compared with the certified plans, traders shall have to send a supplementary registration to the provincial/municipal Trade Services of the localities where the fairs and/or exhibitions shall be held at least 30 days before the opening of the fairs and/or exhibitions.

Within 5 (five) working days as from the date of receiving written registration, the provincial/municipal Trade Services shall send to such traders a written reply, certifying or refusing to certify such changes and/or supplements (clearly stating the reasons therefor).

In cases where the fairs or exhibitions shall not be organized, or there are changes in scope or goods participating therein as compared with the certified plans, traders shall only have to notify such to the provincial/municipal Trade Services where they have registered the plans on organizing fairs or exhibitions at least 10 (ten) days before the opening of the fairs or exhibitions.

b) Traders not providing trade fair and exhibition services, if organizing by themselves fairs or exhibitions for goods they deal in, shall only have to send the written registration, made under the guidance in Section 3 of this Part, to the provincial/municipal Trade Services of the localities where the fairs or exhibitions shall be held at least 30 (thirty) days before the opening of the fairs or exhibitions.

Within 5 (five) working days as from the date of receiving the registration, the provincial/municipal Trade Services shall send to traders a written reply, certifying or refusing to certify the registration for organization of fairs or exhibitions (clearly stating the reasons therefor).

In cases where there are changes in the contents of the fairs or exhibitions already certified, traders shall have to notify such to the provincial/municipal Trade Services of the localities where the fairs and/or exhibitions shall be held at least 5 (five) days before the opening of the fairs or exhibitions.

c) Foreign traders, when organizing trade fairs or exhibitions in Vietnam, shall have to hire traders providing trade fair and exhibition services in Vietnam to do so.

Traders providing trade fair and/or exhibition services, who are hired by foreign traders to organize fairs or exhibitions, shall have to send written registration for organization of fairs and/or exhibitions, made under the guidance in Section 3 of this Part, to the provincial/municipal Trade Services of the localities where the fairs or exhibitions shall be held at least 30 days before the opening of the fairs or exhibitions.

Within 5 (five) working days as from the date of receiving the written registration, the provincial/municipal Trade Services shall send the trade fair and/or exhibition service-providing traders a written reply, certifying or refusing to certify the registration for organization of trade fairs or exhibitions (clearly stating the reasons therefor).

In cases where the fairs or exhibitions shall not be organized, or there are changes in the certified contents, traders shall have to notify such to the provincial/municipal Trade Services of the localities where the fairs or exhibitions shall be held at least 5 (five) days before the opening of the fairs and/or exhibitions.

2. Organizing and participating in trade fairs or exhibitions in foreign countries

a) Trade fair and/or exhibition service-providing traders, when organizing or organizing the participation in, trade fairs or exhibitions in foreign countries, shall have to send the annual plan registration, made under the guidance in Section 3 of this Part, to the Ministry of Trade no later than December 1 of the year preceeding the planned year.

The Trade Ministry shall send to traders a written reply, certifying or refusing to certify the registration of the plan on organizing or organizing the participation in, trade fairs or exhibitions in foreign countries (clearly stating the reasons therefor), no later than November 1 of the year preceeding the planned year.

In cases where the number of trade fairs or exhibitions to be held increases against the certified plans, traders shall have to make supplementary registration at the Ministry of Trade at least 30 days before the opening of the fairs or exhibitions.

Within 5 (five) working days as from the date of receiving the written registration, the Ministry of Trade shall send to traders written reply, certifying or refusing to certify the supplements to registered plans (clearly stating the reasons therefor).

In cases where the fairs or exhibitions shall not be organized, or there are changes in their contents as compared to the certified plans, traders shall only have to notify such to the Ministry of Trade at least 10 (ten) days before the opening of the fairs or exhibitions.

b) Traders not providing trade fair and exhibition services, if organizing by themselves or directly participating in fairs or exhibitions held in foreign countries for goods they deal in, shall only have to send the written registration, made under the guidance in Section 3 of this Part, to the Ministry of Trade at least 30 (thirty) days before the opening of the fairs or exhibitions at the latest.

Within 5 (five) working days as from the date of receiving the written registration, the Ministry of Trade shall send to traders a written reply, certifying or refusing to certify the registration for the organization of or participation in, trade fairs or exhibitions in foreign countries.

In cases where there are any changes in the contents of fairs and/or exhibitions already certified, traders shall have to notify such to the Ministry of Trade at least 15 (fifteen) days before the opening of the fairs or exhibitions.

3. Contents of registration for organization of trade fairs or exhibitions

a) Name and address of the trader;

b) Fair and/or exhibition’s theme; scale of organization of or participation in the fair or exhibition.

c) Goods suggested for participation in the fair or exhibition;

d) Time and place of organization of the fair or exhibition.

V. IMPLEMENTATION ORGANIZATION AND HANDLING OF VIOLATIONS

1. Within 30 (thirty) days as from the end of the fairs or exhibitions, traders, who have registered the organization of or participation in, such fairs or exhibitions, shall have to send report thereon to the agencies certifying the registration.

Major contents of the reports include:

- The implementation of registered contents;

- The results of the organization of or participation in, trade fairs or exhibitions, including sale turnovers and the number of signed contracts.

- Specific proposals (if any).

2.Traders, who commit acts of violating the provisions of Decree No. 32/1999/ND-CP and this Circular shall, depending on the seriousness of their violations, be handled according to law provisions.

3.This Circular takes effect 15 days after its signing and replaces Circular No. 05-TM/XNK of February 25, 1995 of the Ministry of Trade guiding the implementation of the Regulation on trade fairs and exhibitions.