Nghị định 128/2024/NĐ-CP sửa đổi Nghị định 81/2018/NĐ-CP hướng dẫn Luật Thương mại

DECREE

AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 81/2018/ND-CP DATED MAY 22, 2018 ON ELABORATION OF COMMERCIAL LAW ON TRADE PROMOTION

Pursuant to Law on Government Organization of Vietnam dated June 19, 2015 and Law on amendments to some articles of the Law on Government Organization of Vietnam and Law on Local Government Organization of Vietnam dated November 22, 2019;

Pursuant to the Commercial Law dated June 14, 2005;

At the request of the Minister of Industry and Trade;

The Government promulgates Decree on amendments to some articles of Government’s Decree No. 81/2018/ND-CP dated May 22, 2018 on elaboration of Commercial Law on trade promotion.

Article 1. Amendments to some articles of Government’s Decree No. 81/2018/ND-CP dated May 22, 2018 on elaboration of Commercial Law on trade promotion

1. Clause 1, clause 2, clause 4 and point a clause 5 Article 6 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. The promotional value of a unit of promoted product must not exceed 50% of the sale price of such promoted product unit before the promotion, except for promotion in the forms prescribed in clause 8 and clause 9 in Article 92 of the Commercial Law, Article 8, clause 2 in Article 9, Articles 12, 13 and 14 of this Decree.”.

b) Clause 2 shall be amended as follows:

“2. Total value of promotional product of a sales promotion program must not exceed 50% of total value of promoted product, except for forms of promotion prescribed in clause 8 and clause 9 in Article 92 of the Commercial Law, Article 8 and clause 2 in Article 9 of this Decree.”.

c) Clause 4 shall be amended as follows:

“4. In case of organization of a concentrated sales promotion program, the limit shall be 100% of the value of the promotional product. Such limit shall also be applied to sales promotion activities included in programs or activities of sales promotion decided by the Prime Minister.”.

d) Point a clause 5 shall be amended as follows:

"a) Central and provincial state agencies shall issue decisions to organize implementation of concentrated sales promotion programs in order to carry out economic development policies which covers national and local objectives. The State shall issue incentive policies for organization of concentrated sales promotion programs. All traders are entitled to participate in such programs;”.

2. Clause 2 of Article 7 shall be amended as follows:

“2. In case of organization of a concentrated sales promotion program as prescribed in clause 5 in Article 6, 100% discount shall be offered. 100% discount may be also applied to sales promotion activities included in programs or activities of sales promotion decided by the Prime Minister.”.

3. Clause 1, clause 2 and point d clause 3 Article 17 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Traders must follow administrative procedures for notifying sales promotion activities to all provincial Departments of Trade and Industry where the sales promotion is conducted before conducting sales promotion programs in the forms prescribed in Article 12 and Article 14 of this Decree, except for the cases specified in point b and point c clause 2 of this Article. The notification document must be sent to the Department of Trade and Industry at least 03 working days before the sales promotion program is conducted (according to the postmarked date or equivalent if the document is sent by post, according to the date recorded in the confirmation note of if it is sent directly or the date recorded on the system if it is sent via the public online service system).”.

b) Clause 2 shall be amended as follows:

“2. Traders are not required to follow administrative procedures for notifying sales promotion if:

a) They do 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) They do sales promotion in the forms prescribed in Article 12 and Article 14 of this Decree of which the total prizes or gifts are valued under VND 100 million;

c) They only carry out promotion programs in the forms specified in Article 12 and Article 14 of this Decree with respect to products sold and provided via e-commerce trading platforms, e-commerce trading platform applications, online promotional websites and online promotional applications.”.

c) Point a clause 3 shall be amended as follows:

“d) Submitting a notification document via the national public service portal or a provincial administrative procedure information system.”.

4. Point d clause 2 of Article 18 shall be amended as follows:

“d) Submitting a notification document via the national public service portal or a provincial administrative procedure information system.”.

5. Point c clause 3 of Article 19 shall be amended as follows:

“c) Submitting an application for registration via the administrative procedure information system of the Ministry of Industry and Trade (if the trader registers sales promotion within two provinces or central-affiliated cities or more) or a provincial administrative procedure information system (if the trader registers sales promotion within a province or central-affiliated city).”.

6. Clause 1 and point c clause 2 Article 20 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. In case of adjustments to any sales promotion program registered, the trader shall follow administrative procedures for registering such adjustments to the sales promotion program with the competent state management agency to which the registration is applied for before adjusting the program. An application for adjustments shall include a document according to Form No.6a provided in the Appendix issued together with this Decree.”.

b) Point c clause 2 shall be amended as follows:

“c) Submitting an application for registration via the administrative procedure information system of the Ministry of Industry and Trade (if the trader registers adjustments to sales promotion programs within two provinces or central-affiliated cities or more) or a provincial administrative procedure information system (if the trader registers adjustments to sales promotion programs within a province or central-affiliated city).”.

7. Clause 1 and clause 2 Article 21 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. For sales promotion programs conducted in the forms prescribed in Article 12 and 13 of this Decree and other forms prescribed in clause 9 Article 92 of the Commercial Law, the duration of publishing promotion results and giving awards of sales promotion programs must not exceed 45 days from the date on which these sales promotion programs end, except for force majeure events according to regulations of law.”.

b) Clause 2 shall be amended as follows:

“2. Reporting results of sales promotion programs:

a) The trader doing sales promotion shall send a written report on the results of each sales promotion program according to Form No.7 provided in the Appendix issued together with this Decree to the competent state management agency that has received their application for registration and granted a registration certificate to them within 45 days from the expiration date of the awarding period of the sales promotion program conducted in any forms prescribed in Article 13 of this Decree or other forms prescribed in clause 9 in Article 92 of the Commercial Law. In the case in which 50 % of value of the prize without the winner is transferred to state budget, the state management agency must issue a decision on collection and transfer of 50% of value of such prize of the sales promotion program according to Form No.08 provided in the Appendix issued together with this Decree within 07 working days from the day on which the trader’s report is received. The trader must transfer 50% of announced value of the prize without the winner to state budget as decided within 45 working days from the date on which such decision is received. The trader shall retain and take responsibility for documents regarding the report on promotion results and the implementation of sale promotion programs as regulated by laws in order to serve inspection and supervision;

b) The trader doing sales promotion in any forms prescribed in clause 8 in Article 92 of the Commercial Law, Articles 8, 9, 10, 11, 12 and 14 of this Decree is not required to make a report on promotion results.”.

8. Point c clause 1 and point d clause 4 Article 32 shall be amended as follows:

a) Point c clause 1 shall be amended as follows:

“c) Cooperate with Vietnam State Treasury where the revenue is recorded in comparing the amount to be collected as decided and the one transferred to state budget which is 50% of announced value of the prize without the winner of the sales promotion program;”.

b) Point d clause 4 shall be amended as follows:

“d) The Department of Trade and Industry shall assist the provincial People’s Committee in fulfilling management duties prescribed in points a, b and c in this clause and send annual reports to the provincial People's Committee and the Ministry of Trade and Industry before December 20, every year according to Form No. 15 in the Appendix enclosed with this Decree;”.

Article 2. Addition, replacement and annulment of some regulations in the Government’s Decree No. 81/2018/ND-CP dated May 22, 2018 on elaboration of the Commercial Law on trade promotion

1. Some phrases shall be replaced at articles, clauses and points as follows:

a) The phrase “đường bưu điện” (by post) shall be replaced by the phrase “dịch vụ bưu chính” (by postal services) in 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, point a clause 2 Article 30;

b) The phrase “vận đơn bưu điện” (date recorded in the delivery note) shall be replaced by the phrase “vận đơn dịch vụ bưu chính” (postmarked date) in clause 6 Article 19, clause 3 Article 20 and clause 4 Article 29.

2. Some Forms in the Appendix shall be added and replaced as follows:

a) Form No. 06a “Registration of adjustments to sales promotion programs” shall be added after the Form No. 06;

b) Form No. 15 "Report on state management of trade promotion” shall be added;

c) Forms No. 01, 02, 03, 06, 07, 08, 10, 13 and 14 shall be replaced.

3. Regulations in 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 shall be annulled.

Article 3. Implementation clause

1. This Decree comes into effect from December 01, 2024.

2. Documents that are submitted upon following administrative procedures before the effective date of this Decree shall continue to be processed according to procedures specified in the Government's Decree No. 81/2018/ND-CP dated May 22, 2018. Documents that are submitted upon following administrative procedures from the effective date of this Decree shall be processed according to procedures specified in this Decree.

3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces, relevant agencies, organizations and individuals are responsible for the implementation of this Decree./.

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