Decree 128/2024/ND-CP amend Decree 81/2018/ND-CP detailing the Commercial Law on trade promotion

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 81/2018/ND-CP of May 22, 2018, detailing the Commercial Law regarding trade promotion^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 14, 2005 Commercial Law;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 81/2018/ND-CP of May 22, 2018, detailing the Commercial Law regarding trade promotion.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 81/2018/ND-CP of May 22, 2018, detailing the Commercial Law regarding trade promotion

1. To amend Clauses 1, 2 and 4, and Point a, Clause 5, of Article 6 as follows:

a/ To amend Clause 1 as follows:

“1. The material value used for sales promotion for a unit of goods or service must not exceed 50% of the sale price of such unit before the promotion time, except sales promotion in the forms specified in Clauses 8 and 9, Article 92 of the Commercial Law, and Article 8; Clause 2, Article 9; and Articles 12, 13 and 14, of this Decree.”.

b/ To amend Clause 2 as follows:

“2. The total value of promotional goods or services under a sales promotion program must not exceed 50% of the total value of promoted goods or services, except sales promotion in the forms specified in Clauses 8 and 9, Article 92 of the Commercial Law, and Article 8; and Clause 2, Article 9, of this Decree.”.

c/ To amend Clause 4 as follows:

“4. For grand sales promotion programs, the limit is 100% of the value of the promotional goods or services. Such limit shall also be applied to sales promotion activities within trade promotion programs or activities decided by the Prime Minister.”.

d/ To amend Point a, Clause 5 as follows:

“a/ State agencies (at the central and provincial levels) shall issue decisions on organization of grand sales promotion programs for the purpose of implementing target economic development policies of the country or localities. The State shall adopt incentive policies for organization of grand sales promotion programs. All traders may participate in these programs;”.

2. To amend Clause 2, Article 7 as follows:

“2. For grand sales promotion programs specified in Clause 5 of Article 6, the maximum discount rate is 100% for promoted goods and services. This rate shall also be applied to sales promotion activities within trade promotion programs or activities decided by the Prime Minister.”.

3. To amend Clauses 1 and 2, and Point d, Clause 3, of Article 17 as follows:

a/ To amend Clause 1 as follows:

“1. Traders shall carry out administrative procedures for notifying sales promotion activities to all provincial-level Departments of Industry and Trade of localities where they intend to implement their sales promotion programs before implementing such programs in the forms specified in Articles 12 and 14 of this Decree, except the cases specified at Points b and c, Clause 2 of this Article. A notification dossier shall be sent to the provincial-level Department of Industry and Trade at least 3 working days before the sales promotion program is implemented (based on the receipt date written on the delivery note or a form of equivalent validity if the dossier is sent by postal service, the date written on the dossier receipt if the dossier is hand-delivered, or the date recorded in the system if the dossier is sent via the online public service system).”.

b/ To amend Clause 2 as follows:

“2. Cases not requiring performance of administrative procedures for notifying sales promotion:

a/ Implementation of sales promotion in the forms specified in Clause 8, Article 92 of the Commercial Law and Articles 8, 9, 10 and 11 of this Decree;

b/ Implementation of sales promotion in the forms specified in Articles 12 and 14 of this Decree, of which the total value of prizes or gifts is under VND 100 million;

c/ Implementation of sales promotion programs in the forms specified in Articles 12 and 14 of this Decree only for goods sold and services provided via e-commerce exchanges, e-commerce exchange applications, promotional websites or promotional applications.”.

c/ To amend Point d, Clause 3 as follows:

“d/ Sending 1 notification dossier via the National Public Service Portal or a provincial-level information system for settlement of administrative procedures.”.

4. To amend Point d, Clause 2, Article 18 as follows:

“d/ Sending 1 notification dossier via the National Public Service Portal or a provincial-level information system for settlement administrative procedures.”.

5. To amend Point c, Clause 3, Article 19 as follows:

“c/ Sending 1 dossier for registration via the Ministry of Trade and Industry’s information system for settlement of administrative procedures (for sales promotion programs implemented in two or more provinces or centrally run cities each) or a provincial-level information system for settlement of administrative procedures (for sales promotion programs implemented in a single province or centrally run city each).”.

6. To amend Clause 1, and Point c, Clause 2, of Article 20 as follows:

a/ To amend Clause 1 as follows:

“1. For changes in a registered sales promotion program, a trader shall carry out administrative procedures for registering the changes with the competent state management agency at which it has registered the program before effecting such changes. A dossier for registration of changes must include a document made according to Form No. 06a provided in the Appendix to this Decree.”.

b/ To amend Point c, Clause 2 as follows:

“c/ Sending 1 dossier for registration via the Ministry of Trade and Industry’s information system for settlement of administrative procedures (for sales promotion programs implemented in two or more provinces or centrally run cities each) or a provincial-level information system for settlement of administrative procedures (for sales promotion programs implemented in a single province or centrally run city each).”.

7. To amend Clauses 1 and 2, Article 21 as follows:

a/ To amend Clause 1 as follows:

“1. For sales promotion programs implemented in the forms specified in Articles 12 and 13 of this Decree and other forms specified in Clause 9, Article 92 of the Commercial Law, the time limit for announcing prize-winning results and awarding prizes of a sales promotion program is 45 days from the date the sales promotion period expirres, except force majeure events as specified by law.”.

b/ To amend Clause 2 as follows:

“2. Reporting on implementation results of a sales promotion program:

a/ Within 45 days from the expiration of the prize-awarding time limit of the sales promotion program implemented in the form specified in Article 13 of this Decree or another form specified in Clause 9, Article 92 of the Commercial Law, the trader shall send a written report on implementation results of the sales promotion program, made according to Form No. 07 provided in the Appendix to this Decree, to the competent state management agency that has received and certified the trader’s registration. In case it is required to remit 50% of the value of the prize without the winner into the state budget, within 7 working days after receiving the trader’s report, the state management agency shall issue a decision to collect 50% of the value of such prize, made according to Form No. 08 provided in the Appendix to this Decree. Within 45 days after receiving such decision, the trader shall remit 50% of the announced value of the prize into the state budget as decided. The trader shall retain and take responsibility for documents related to the report on the sales promotion results and implementation of the sales promotion program in accordance with law to serve inspection, examination and supervision work;

b/ Traders implementing sales promotion in the forms specified in Clause 8, Article 92 of the Commercial Law, and Articles 8, 9, 10, 11, 12 and 14 of this Decree are not required to report on sales promotion results.”.

8. To amend Point c, Clause 1, and Point d, Clause 4, of Article 32 as follows:

a/ To amend Point c, Clause 1 as follows:

“c/ Coordinating with the State Treasury office where collected amounts are entered in their accounts in checking the money amount collected under decision against the amount remitted into the state budget which is equal to 50% of the announced value of prizes without winners under sales promotion programs;

b/ To amend Point d, Clause 4 as follows:

“d/ Provincial-level Departments of Industry and Trade shall assist provincial-level People’s Committees in performing the management tasks specified at Points a, b and c of this Clause and send a report thereon, made according to Form No. 15 provided in the Appendix to this Decree, to provincial-level People’s Committees and the Ministry of Industry and Trade before December 20 every year;”.

Article 2. To add, replace or annul a number of provisions of the Government’s Decree No. 81/2018/ND-CP of May 22, 2018, detailing the Commercial Law regarding trade promotion

1. To replace a number of phrases in articles and clauses, and at points as follows:

a/ To replace the phrase “by post” at Point a, Clause 3, Article 17; Point a, Clause 2, Article 18; Point a, Clause 3, and Clause 6, Article 19; Point a, Clause 2, and Clause 3, Article 20; Point a, Clause 3, and Clause 4, Article 29; and Point a, Clause 2, Article 30, with the phrase “by postal service”;

b/ To replace the phrase “delivery note by post” in Clause 6, Article 19; Clause 3, Article 20; and Clause 4, Article 29, with the phrase “delivery note used in postal service”.

2. To add or replace a number of forms provided in the Appendix as follows:

a/ To add Form No. 06a “Registration of changes in sales promotion programs” below Form No. 06;

b/ To add Form No. 15 “Report on state management of trade promotion”;

c/ To replace Forms No. 01, No. 02, No. 03, No. 06, No. 07, No. 08, No. 10, No. 13, and No. 14 with new forms.

3. To annul Point c, Clause 3, Article 17; Point c, Clause 2, Article 18; Point d, Clause 4, Article 19; Point b, Clause 5, Article 29; Clause 2, Article 32; and Form No. 09. 

Article 3. Implementation provisions

This Decree takes effect on December 1, 2024.

2. Dossiers for carrying out administrative procedures that are submitted before the effective date of this Decree may continue to be processed under the Government’s Decree No. 81/2018/ND-CP of May 22, 2018. Dossiers for carrying out administrative procedures that are submitted on and after the effective date of this Decree shall be processed under this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
BUI THANH SON

* The Appendix to this Decree is not translated.