What regulations should be noted when organizing and participating in trade fairs and exhibitions in Vietnam?

Trade fairs and exhibitions are quite familiar activities in Vietnam, held periodically in localities from rural to urban. These activities both helps merchants have the opportunity to focus on exchanges and helps promote trading activities in the area when people have the opportunity to visit and buy goods, experience products and services. In addition, well-organized fairs and exhibitions also contribute to promoting the image and brand name of the locality where trade fairs and exhibitions take place. What are the specific legal regulations on trade fairs and exhibitions? Let’s join Lawyer X to find out through the following situation: “My company is going to have a plan to organize and participate in exhibitions with many partners in the area. I am in the department of planning and preparing for the exhibition, but I am a new employee, I do not have much experience, I want to learn about the legal perspective when organizing and participating in exhibition activities so that I can work effectively with my team. Looking forward to your advice! “

Legal grounds

Viet Nam’s Commercial law

What are trade fairs and exhibitions?

Trade fairs and exhibitions mean commercial promotion activities conducted in a concentrated manner at particular locations and for given periods of time for traders to display and introduce their goods and/or services for the purpose of promoting them and seeking opportunities for entering into contracts for sale and purchase of goods or service contracts.

Provision of trade fair and exhibition services means commercial activities whereby traders dealing in these services provide services of organizing or participating in trade fairs and exhibitions to other traders for receiving trade fair and exhibition organization service charges.

Vietnamese traders, branches of Vietnamese traders, Vietnam-based branches of foreign traders shall have the right to directly organize or participate in trade fairs and exhibitions for goods and/or services they trade in or hire traders providing trade fair and exhibition services to do so.

Representative offices of traders shall not be allowed to directly organize or participate in trade fairs and exhibitions. When being authorized by traders, representative offices shall have the right to sign contracts with traders providing trade fair and exhibition services to do so for the traders they are representing.

Foreign traders shall have the right to directly participate or hire Vietnamese traders providing trade fair and exhibition services to participate, on their behalf, in trade fairs and exhibitions in Vietnam. Where they wish to organize trade fairs and exhibitions in Vietnam, foreign traders must hire Vietnamese traders providing trade fair and exhibition services to do so.

Notes when organizing and participating in trade fairs and exhibitions

Organization of trade fairs and exhibitions in Vietnam

 – Trade fairs and exhibitions organized in Vietnam must be registered with and certified in writing by the state management agencies in charge of commerce of the provinces or centrally-run cities where such trade fairs and exhibitions are to be organized.

– The Government shall specify the order, procedures, contents of registration and certification of the organization of trade fairs and exhibitions in Vietnam

Organization of and participation in overseas trade fairs and exhibitions

– Traders not providing trade fair and exhibition services, when directly organizing or participating in overseas trade fairs and exhibitions for goods and/or services they trade in, must comply with the regulations on export of goods.

– Traders providing trade fair and exhibition services, when arranging for other traders to participate in overseas trade fairs and exhibitions, must register such with the Ministry of Trade.

– Traders that have not yet registered their business of providing trade fair and exhibition services shall not be allowed to arrange for other traders to participate in overseas trade fairs and exhibitions.

– The Government shall specify the order, procedures and contents of registration for organization of, and participation in, overseas trade fairs and exhibitions provided for in Clauses 1 and 2 of this Article. Goods and/or services displayed and introduced at trade fairs and exhibitions in Vietnam

Goods and/or services which are not permitted for participation in trade fairs and exhibitions

 Goods and/or services which are not permitted for participation in trade fairs and exhibitions include:  

– Goods and/or services banned from business, subject to business restrictions, or not yet permitted for circulation according to the provisions of law;

– Goods and/or services provided by overseas traders and banned from import according to the provisions of law;

– Counterfeit goods and goods infringing upon intellectual property rights, except where they are displayed and introduced for comparison with genuine ones.

Apart from the provisions of Commercial law on trade fairs and exhibitions, goods and/or services subject to specialized management must also comply with regulations on specialized management of such goods and/or services.

Goods temporarily imported for participation in trade fairs or exhibitions in Vietnam must be re-exported within thirty days after the end of such trade fairs or exhibitions. The temporary import for re-export of goods for participation in trade fairs or exhibitions in Vietnam must comply with the provisions of customs law and other relevant provisions of law.

Goods and/or services participating in overseas trade fairs and exhibitions

– All types of goods and services shall be permitted to participate in overseas trade fairs and exhibitions, except for those banned from export according to the provisions of law.

– Goods and/or services banned from export shall only be permitted for participation in overseas trade fairs and exhibitions when so approved by the Prime Minister.

– The time limit for temporary export of goods for participation in overseas trade fairs and exhibitions shall be one year from the date such goods are temporarily exported. If past that time limit, the goods are not re-imported yet, such goods shall be subject to taxes and other financial obligations as provided for by Vietnamese law.

– The temporary export for re-import of goods for participation in overseas trade fairs and exhibitions must comply with the provisions of customs law and other relevant provisions of law.

Sale, presentation of goods as gifts and provision of services at trade fairs and exhibitions in Vietnam

– Goods and services displayed and introduced at trade fairs and exhibitions in Vietnam are permitted to be sold, presented as gifts or provided at such trade fairs and exhibitions; for imported goods, registration thereof must be made with customs offices, except for the cases specified in Clause 2 of this Article.

– Goods which are imported under permits of competent state agencies shall be sold or presented as gifts only after written approvals of such competent state agencies are obtained.

– The sale and presentation of goods as gifts at trade fairs and exhibitions mentioned in Clause 2, Article 134 of Commercial law must comply with regulations on specialized import management of such goods.

– Goods sold or presented as gifts, and services provided at trade fairs and exhibitions in Vietnam shall be subject to taxes and other financial obligations as provided for by law.

Sale, presentation of Vietnamese goods as gifts and provision of Vietnamese services participating in overseas trade fairs and exhibitions

– Vietnamese goods and services participating in overseas trade fairs and exhibitions are permitted to be sold, presented as gifts or provided at such trade fairs and exhibitions, except the cases defined in Clauses 2 and 3 of this Article.

– The sale and presentation as gifts of goods, which are banned from export but have been temporarily exported for participation in overseas trade fairs and exhibitions, shall be made only after the Prime Minister’s approval is obtained.

 – Goods exported under permits of competent state agencies shall be sold or presented as gifts only after written approvals of such competent state agencies are obtained.

 – Vietnamese goods and/or services participating in overseas trade fairs and exhibitions and being sold, presented as gifts or provided overseas shall be subject to taxes and other financial obligations as provided for by law.

Rights and obligations of organizations and individuals participating in trade fairs and exhibitions in Vietnam.

– To exercise rights and perform obligations as agreed upon with traders organizing trade fairs and exhibitions.

– To sell, present goods as gifts and provide services displayed and introduced at trade fairs and exhibitions according to the provisions of law.

– To temporarily import and re-export goods and documents on goods and/or services for display at trade fairs and exhibitions.

 – To comply with regulations on organization of trade fairs and exhibitions in Vietnam.

Rights and obligations of traders organizing or participating in overseas trade fairs and exhibitions

– To temporarily export and re-import goods and documents on goods and/or services for display and introduction at trade fairs or exhibitions.

– To comply with regulations on organization of, and participation in, overseas trade fairs and exhibitions. – To sell and present as gifts goods displayed and introduced at overseas trade fairs and exhibitions; and to pay taxes and fulfill other financial obligations as provided for by Vietnamese law.

Rights and obligations of traders providing trade fair and exhibition services

– To post up topics and durations of trade fairs and exhibitions at places where such trade fairs and exhibitions are to be organized before their opening dates.

– To request service hirers to supply goods for participation in trade fairs and exhibitions within time limits agreed upon in contracts.

– To request service hirers to supply information on goods and/or services for participation in trade fairs and exhibitions and other necessary means as agreed upon in contracts;

– To receive service charges and other reasonable expenses;

– To organize trade fairs and exhibitions as agreed upon in contracts.

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