Chương IV Nghị định 37/2006/NĐ-CP hoạt động xúc tiến thương mại hướng dẫn Luật Thương mại: Hội chợ, triển lãm thương mại

Chapter IV

TRADE FAIRS AND EXHIBITIONS

Section 1. GOODS AND SERVICES DISPLAYED OR INTRODUCED AT TRADE FAIRS AND EXHIBITIONS

Article 29.

Labeling of goods to be displayed or introduced at trade fairs and exhibitions in Vietnam

1. Goods to be displayed or introduced at trade fairs and exhibitions in Vietnam must be labeled according to the provisions of law on goods labeling.

2. Goods temporarily imported for display or introduction at trade fairs and exhibitions in Vietnam must comply with the provisions of law on goods labeling.

Article 30.

Display of counterfeit goods and intellectual property right-infringing goods for comparison with genuine goods

1. The display of counterfeit goods and intellectual property right-infringing goods for comparison with genuine goods must be approved by the state management agencies in charge of commerce according to the provisions of law.

2. Counterfeit goods and intellectual property right-infringing goods must be certified as such by the state management agencies in charge of commerce according to the provisions of law if they are to be displayed for comparison with genuine goods.

3. Counterfeit goods and intellectual property right-infringing goods on display must be shown with clear notices that they are counterfeit or infringing objects.

Article 31.

Use of names and themes of trade fairs and exhibitions

1. Traders and organizations engaged in commerce-related activities, when organizing trade fairs or exhibitions, shall have the right to choose the names and themes of such trade fairs or exhibitions.

2. Where names and themes of trade fairs or exhibitions contain certain words and expressions to popularize the quality and titles of goods or services or the reputation and titles of traders, organizations or individuals participating in such trade fairs or exhibitions, traders and organizations engaged in commerce-related activities, when organizing such trade fairs or exhibitions, shall comply with the following regulations:

a) There are evidences to prove that the quality and titles of goods or services participating in such trade fairs or exhibitions are suitable to the registered names and themes of such trade fairs or exhibitions;

b) There are evidences to prove that the reputation and titles of traders, organizations or individuals participating in trade fairs or exhibitions are suitable to the registered names and themes of such trade fairs or exhibitions.

Article 32.

Conferment of awards and grant of certificates of quality or titles to goods or services, certificates of reputation or titles of traders, organizations or individuals participating in trade fairs or exhibitions

The conferment of awards and grant of certificates of quality or titles to goods or services or certificates of reputation or titles of traders, organizations or individuals participating in trade fairs or exhibitions shall comply with relevant provisions of law.

Article 33.

Temporary import and re-export of goods and services for participation in trade fairs or exhibitions in Vietnam; temporary export and re-import of goods and services for participation in overseas trade fairs or exhibitions

The temporary import and re-export of goods and services for participation in trade fairs and exhibitions in Vietnam; temporary export and re-import of goods and services for participation in overseas trade fairs or exhibitions shall comply with the provisions of customs law and other relevant provisions of law.

Section 2. ORDER AND PROCEDURES FOR REGISTRATION FOR ORGANIZATION OF OR PARTICIPATION IN TRADEFAIRS AND EXHIBITIONS

Article 34.

Organization of trade fairs or exhibitions in Vietnam

1. The organization of trade fairs or exhibitions must be registered with provincial/municipal Trade Services of localities where such trade fairs or exhibitions are to be organized before the first day of October of the year preceding the year of organization thereof.

2. Provincial/municipal Trade Services shall certify in writing the registration for organization of trade fairs or exhibitions by traders or organizations engaged in commerce-related activities before the first day of November of the year preceding the year of organization of such trade fairs or exhibitions. Where they refuse to certify the registration for organization of trade fairs or exhibitions, provincial/municipal Trade Services must notify such in writing and clearly state the reasons for refusal before the deadline specified in this Clause.

3. Where two or more traders or organizations engaged in commerce-related activities register for organization of trade fairs or exhibitions under the same name and theme, on the same date and at the same venue, provincial/municipal Trade Services shall organize consultations to select traders or organizations engaged in commerce-related activities to organize such trade fairs or exhibitions.

4. Where the consultations mentioned in Clause 3 of this article fails, provincial/municipal Trade Services shall decide to certify the registration for a trader or organization engaged in commerce-related activities to organize the trade fair or exhibition on the following grounds:

a) Results of organization of similar trade fairs or exhibitions;

b) Capability to organize trade fairs or exhibitions;

c) Experience in organizing trade fairs or exhibitions under the same name and theme or similar trade fairs or exhibitions;

d) Appraisals by concerned goods line associations.

5. Within 30 (thirty) days after the end of a trade fair or exhibition, traders or the organizations engaged in commerce-related activities must report in writing to provincial/municipal Trade Services on the results of organization of such trade fair or exhibition according to the contents registered with provincial/municipal Trade Services.

Article 35.

Modification and supplementation of contents of registration for organization of trade fairs or exhibitions in Vietnam

1. In case of modification or supplementation of contents of the registration for organization of a trade fair or exhibition, traders or organizations engaged in commerce-related activities must send a written notice thereon to the provincial/municipal Trade Service at least from 30 (thirty) to 45 (forty five) days before the opening date of such trade fair or exhibition, depending on the registration contents guided by the Ministry of Trade.

2. The provincial/municipal Trade Service shall certify in writing the modification or supplementation of the registration for organization of a trade fair or exhibition within 10 (ten) working days after receiving the valid registration. Where it refuses to certify the modification or supplementation, the provincial/municipal Trade Service shall reply in writing and clearly state the reasons therefor within the time limit specified in this Clause.

Article 36.

Organization of participation by traders, organizations or individuals in overseas trade fairs or exhibitions

1. The organization of participation by traders, organizations or individuals in an overseas trade fair or exhibition must be registered with the Ministry of Trade before the first day of October of the year preceding the year of organization of such trade fair or exhibition.

2. The Ministry of Trade shall certify in writing the registration for organization of participation by traders, organizations or individuals in an overseas trade fair or exhibition before the first day of November of the year preceding the year of organization of such trade fair or exhibition. Where it refuses to certify the registration, the Ministry of Trade must notify the refusal in writing and clearly state the reasons therefor within the time limit specified in this Clause.

3. Where two or more traders or organizations engaged in commerce-related activities register for organization of trade fairs or exhibitions under the same name or theme or at the same time and venue overseas, the Ministry of Trade shall organize consultations to select a trader or organization engaged in commerce-related activities to organize the participation by other traders, organizations or individuals in such overseas trade fairs or exhibitions.

4. Where the consultations mentioned in Clause 3 of this Article fail, the Ministry of Trade shall decide to give the certification to a trader or organization engaged in commerce-related activities permitting it to organize the participation by other traders, organizations or individuals in the overseas trade fairs or exhibitions on the following grounds:

a) Results of organization of overseas trade fairs or exhibitions;

b) Capability to organize overseas trade fairs or exhibitions;

c) Experience in organizing trade fairs or exhibitions under the same name and theme or similar overseas trade fairs or exhibitions;

d) Appraisals by concerned goods line associations.

5. Within 30 (thirty) days after the end of an overseas trade fair or exhibition, traders or organizations engaged in commerce-related activities and organizing the participation by other traders, organizations or individuals in such overseas trade fair or exhibition must report in writing to the Ministry of Trade on the results of organization of participation in the overseas trade fair or exhibition according to the contents already registered with the Ministry of Trade.

6. Traders that organize by themselves overseas trade fairs or exhibitions for their goods and/or services shall not have to comply with the provisions of Clauses 1, 2, 3 and 5 of this Article.

Article 37.

Modification and supplementation of contents of registrations for organization of overseas trader fairs and exhibitions

1. In case of modification or supplementation of contents of the registration for organization of an overseas trade fair or exhibition, traders or organizations engaged in commerce-related activities must send a written notice thereon to the Ministry of Trade at least from 30 (thirty) to 45 (forty five) days before the opening date of such trade fair or exhibition, depending on the registration contents guided by the Ministry of Trade.

2. The Ministry of Trade shall certify in writing the modification or supplementation of the registration for organization of an overseas trade fair or exhibition within 10 (ten) working days after receiving the valid registration. Where it refuses to certify the modification or supplementation, the Ministry of Trade shall reply in writing and clearly state the reasons therefore within the time limit specified in this Clause.

Article 38.

Contents to be registered for organization of trade fairs and exhibitions

A dossier of registration for organization of a trade fair or exhibition defined in Clause 1, Article 34 and Clause 1, Article 36 of this Decree comprises:

1. A written registration for organization of a trade fair or exhibition, made according to a form set by the Ministry of Trade. Contents to be registered for organization of a trade fair or exhibition stating names and addresses of traders or organizations engaged in commerce-related activities that organize the trade fair or exhibition; the name and theme of the trade fair or exhibition (if any); the time and venue of the trade fair or exhibition; the intended scope of the trade fair or exhibition.

2. A copy of the business-investment registration certificate, the establishment decision or another decision of equivalent legal validity as provided for by law.

3. Evidences proving that the quality and titles of goods or services or the reputation or titles of traders, organizations or individuals participating in the trade fair or exhibition are compatible with the name and theme of such trade fair or exhibition (if any).