Procedures for registration of promotions in Vietnam
How do I register for a promotion? How do I apply for the current promotion to ensure my benefits? Let’s find out with Lawyer X through the article below
Legal grounds
Commercial Law 2005
Decree 81/2018/ND-CP
Consulting content
What is a registration promotion?
Promotion registration is a form of trade promotion chosen and implemented by many businesses in Vietnam in the course of their business to boost sales through promotional activities with various promotional forms.
What form of promotion must register?
According to the provisions of Decree 81/2018/ND-CP, the forms of promotion that must be registered include:
– Liquidation of inventory according to Official Letter No. 50825/CT-TTHT dated July 28, 2017. Specifically, according to Official Letter No. 50825/CT-TTHT: If the inventory is liquidated at a price lower than the original price, this is considered a sale at a discount. at the same time, the maximum discount is not more than 50%”.
– Sale-off goods close to “date”. According to Official Letter No. 46425/CT-TTHT: Goods are about to expire, if you want to sell off, you must register for a promotion program. The maximum sale-off level is not more than 50%. After the sale-off program ends, the promotion results must be reported to the Department of Industry and Trade.
– Promotion for households according to Official Letter No. 2179/TCT-CS dated May 24, 2017, even if an enterprise conducts sales promotion on behalf of or authorized by another unit, it must also register for a promotion program. tax settlement services. Without registration, goods and services used for promotion will not be exempt from VAT.
Etc.,
Please see more articles: Promotion up to 80% is in accordance with the law of Vietnam
Cases that do not have to register for promotions with the Department of Industry and Trade
Cases that do not have to register for a promotion, just need to be notified include:
– Above all, give samples, provide sample services for customers to try free of charge.
– Giving goods and providing services without collecting money.
– Selling goods or providing services at a price lower than the previous selling price or providing services, applied during the announced promotional period (promotion in the form of a discount).
– Then, providing services and selling goods with purchase vouchers and service use vouchers.
– Selling goods and providing services with contest tickets for customers to choose the award winners according to the announced rules and prizes (or other equivalent forms of the contest and awarding).
– After that, organize a regular customer program, whereby rewards customers based on the quantity or value of goods and services purchased by customers, expressed in the form of customer cards, receipts for purchase of goods, services, or other means.
– Organizing for customers to participate in cultural, art, entertainment, and other events for promotional purposes.
In addition, if they fall into one of the above forms but fall into one of the following cases, they are not required to carry out promotional registration procedures:
– Traders conducting promotional programs with the total value of prizes and gifts under VND 100 million;
– Traders only conduct sales and promotions through e-commerce trading floors, online promotion websites.
Dossier for registration of promotions according to current regulations
Promotional procedures carried out at the Department of Industry and Trade include two types of procedures: Promotional Notice and Promotional Registration. However in reality; People often call these two procedures to register for a promotion program; although they differ in both form and content.
In case of notification of the promotion program to the Department of Industry and Trade, the application includes:
– Promotional program announcement.
– Besides, list of promotional products or other relevant papers.
In case of registration of promotion program, Department of Industry and Trade or Trade Promotion Department (Ministry of Industry and Trade); Profile include:
– Promotional program registration form.
– Secondly, promotion program rules.
– Thirdly, a certified copy of the Business Registration Certificate.
– Then, sample of proof of winning the award.
– Papers on goods quality.
Current promotion of registration procedure
Step 1: Traders prepare documents to register for promotions
To have grounds for granting certificates of promotional content to traders; Traders need to prepare documents for the promotion they want to register.
Step 2: Submit your application
After preparing the dossier; The receiving trader will submit a promotional program implementation dossier to either the Department of Industry or the Trade or the Ministry of Industry and Trade; depending on the content of the promotion.
Step 3: Receive and evaluate promotional registration documents
After receiving the application for registration of promotion; The registrar will receive and verify the application file before agreeing or refusing to issue a certificate of implementation of the promotion program to customers.
Step 4: Confirm the request to register for the promotion program
In case the application is valid; The licensing registrar will issue a certificate of implementation of the promotion program according to the registered contents in the dossier.
Step 5: The merchant implements the promotion program according to the content confirmed by the registration agency
Step 6: Submit the notice of the end of the promotion and awarding program to the registration agency
With the promotion of chance, after the end of the program; Normally, individuals need to carry out the procedure to submit a notice of the end of the promotion program to the registration agency.
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Frequently asked questions
– For the announcement of the promotion program: 3 working days from the date of receipt of valid documents
– For registration of promotion program Department of Industry and Trade: 7 working days from the date of receipt of valid application
– Traders directly promote goods and services that they trade;
– Besides engaged in the business of providing promotional services shall conduct sales promotions for goods and services of other traders based on a written contract or another form of equivalent value.
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