Notes on displaying and introducing goods and services in Viet Nam

Display and introduction of goods and services is one of commercial promotion activities that enables customers to directly see and contact visual information about interested goods and services. When traders display goods and services, they need to pay attention to relevant legal regulations. Join Lawyer X to explore these regulations through the following situation: “Can you tell me if my company wants to display some handicraft products then what form of display we can carry out? What legal regulations shall be complied when displaying and introducing products? We look forward to your answer, thank you! “

Legal grounds

Viet Nam’s Commercial law

What are display and introduction of goods and services ?

Display and introduction of goods and services mean commercial promotion activities of traders that use goods and/or services and documents thereon to introduce such goods and/or services to customers. Provision of goods/service display and introduction services means commercial activities whereby a trader provides goods/service display and introduction services to other traders.

Vietnamese traders, branches of Vietnamese traders and Vietnam-based branches of foreign traders shall have the right to display and introduce goods and/or services; to select appropriate forms of display and introduction; to organize by themselves or hire traders providing goods/service display and introduction services to display and introduce their goods and/or services.

Representative offices of traders shall not be allowed to directly display and introduce goods and/or services of traders they are representing, except for displays and introductions at their offices. When being authorized by traders, representative offices shall have the right to enter into contracts with traders providing goods/service display and introduction services for the display and introduction of goods and/or services of traders they are representing.

Foreign traders not yet licensed to conduct commercial activities in Vietnam and wishing to display and introduce their goods and/or services in Vietnam must hire Vietnamese traders providing goods/service display and introduction services to do so.

Forms of display and introduction of goods and services

 – Opening showrooms for displaying and introducing goods and/or services.

– Displaying and introducing goods and/or services at trade centers or in entertainment, sport, cultural or artistic activities.

– Organizing conferences and seminars involving the display and introduction of goods and/or services.

– Displaying and introducing goods and/or services online and in other forms specified by law.

Notes when performing display and introduction of goods and service

Conditions for displayed and introduced goods and/or services

 – Displayed and introduced goods and/or services must be those which are legally traded in the market.  – Displayed and introduced goods and/or services must comply with the provisions of law on goods quality and goods labeling.

Conditions for goods imported into Vietnam for display and introduction

Goods imported into Vietnam for display and introduction must, apart from the conditions defined in Article 121 of Commercial law, also satisfy the following conditions:

 – Being goods permitted for import into Vietnam;

– Goods which are temporarily imported for display and introduction must be re-exported after the end of such display and introduction within six months as from the date of temporary import; past this time limit, the procedures for time limit prolongation must be carried out at the customs offices where the temporary import has been made;

– Goods temporarily imported for display and introduction which are sold in Vietnam shall comply with the provisions of Vietnamese law on import goods.

Cases where display and introduction of goods and/or services are prohibited

– The organization of display and introduction of goods and/or services, or the use of forms and means of goods and/or service display and introduction, which are detrimental to national security, social order and safety, landscape, environment and human health;

– Display and introduction of goods and/or services or use of forms and means of display and introduction, which are contrary to the historic, cultural and ethical traditions and fine customs of Vietnam;

– Display and introduction of goods and/or services, which reveal state secrets;

– Display and introduction of goods of other traders for comparison with one’s own goods, except where the goods for comparison are counterfeit goods or goods infringing upon intellectual property rights according to the provisions of law;

– Display and introduction of goods samples which are inconsistent with goods being traded in terms of quality, price, utility, design, category, packing, warranty duration and other quality standards in order to deceive customers.

Rights and obligations of parties to contracts for provision of goods and/or service display and introduction services

Contracts for provision of goods and/or service display and introduction services must be made in writing or in other forms of equivalent legal validity.

*Rights of goods and/or service display and introduction service hirers

Unless otherwise agreed, goods and/or service display and introduction service hirers shall have the following rights:

– To request goods and/or service display and introduction service providers to fulfill agreements in contracts;

– To inspect and supervise the performance of goods and/or service display and introduction service contracts.

*Obligations of goods and/or service display and introduction service hirers

Unless otherwise agreed, goods and/or service display and introduction service hirers shall have the following obligations:

– To supply all goods and/or services to be displayed and introduced, or means to service providers as agreed upon in contracts;

– To supply information on goods and/or services to be displayed and introduced and take responsibility for such information;

– To pay service charges and other reasonable expenses.

*Rights of goods and/or service display and introduction service providers

Unless otherwise agreed, goods and/or service display and introduction service providers shall have the following rights:

– To request service hirers to supply goods and/or services to be displayed and introduced within time limits agreed upon in contracts;

– To request service hirers to supply information on goods and/or services to be displayed and introduced and other necessary means as agreed upon in contracts;

– To receive service charges and other reasonable expenses.

*Obligations of goods and/or service display and introduction service providers

Unless otherwise agreed, goods and/or service display and introduction service providers shall have the following obligations:

– To display and introduce goods and/or services as agreed upon in contracts;

– To preserve displayed and introduced goods, documents and means supplied to them during the performance of contracts; and upon the completion of the goods and/or service display and introduction, to return all displayed and introduced goods, documents and means to service hirers;

 – To conduct the goods and/or service display and introduction according to contents agreed with service hirers.

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Frequently asked questions

Conclusion: So the above is Notes on displaying and introducing goods and services in Viet Nam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com