Chương III Nghị định 81/2018/NĐ-CP: Hội chợ , triển lãm thương mại

Chapter III

TRADE FAIRS AND EXHIBITIONS

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

Article 23. Labeling of goods to be displayed or introduced at trade fairs and exhibitions

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

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

Article 24. Display of counterfeit goods, intellectual property right-infringing goods for comparison with genuine goods

1. Display of counterfeit goods, intellectual property right-infringing goods at trade fairs and exhibitions must be clearly specified in the application for registration when the trader registers trade fairs and exhibitions or amendments to those fairs and exhibitions.

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

Article 25. Use of names and themes of trade fairs and exhibitions

1. Traders and organization engaged in commerce-related activities, when organizing trade fairs and exhibitions, may choose the names and themes of such trade fairs and exhibitions not contrary to provisions of law, ethic tradition, fine custom and practices of Vietnam.

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

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

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

Article 26. Conferment of awards and grant of certificates of quality and titles of goods or services, certificates of reputation and titles of traders, organizations and individuals participating in trade fairs and exhibitions

1. The conferment of awards and grant of certificates of the quality and titles of goods or services, certificates of reputation and titles of traders, organizations and individuals participating in trade fairs and exhibitions must comply with relevant law provisions and must be clearly specified in the application for registration when traders organizing such trade fairs and exhibitions make registration of trade fairs and exhibitions or registration of amendments to such trade fairs and exhibitions.

2. The conferment of awards and grant of certificates of the quality and titles of goods or services, certificates of reputation and titles of traders, organizations and individuals participating in trade fairs and exhibitions must comply with relevant law provisions and the following principles:

a) The conferment of awards is only acceptable for traders, organizations and individuals registering the conferment of awards in trade fairs and exhibitions.

b) All models of businesses must be fairly treated;

c) The conferment of awards and grant of certificates must be fair and published for voluntary traders, organizations and individuals participating in trade fairs and exhibitions;

d) The names of awards and titles must contain the names of trade fairs and exhibition in which traders, organizations and individuals participate and not contrary to provisions of laws, ethic tradition, fine customs and practices of Vietnam;

dd) Traders, organizations and individuals registering the conferment of awards must not mobilize funding in any forms;

e) The conferment of awards and awards must not be used for violating provisions of laws;

g) Traders, organizations and individuals must not be forced to participate in the conferment of awards.

Article 27. Temporary import for re-export of goods or services participating trade fairs and exhibitions in Vietnam; temporary export for re-import goods or services participating trade fairs and exhibitions in foreign countries

Temporary import for re-export of goods or services participating trade fairs and exhibitions in Vietnam; temporary export for re-import goods or services participating trade fairs and exhibitions in foreign countries must comply with regulations of the law on customs and other relevant law provisions.

Section 2. ORDERS AND PROCEDURES FOR REGISTRATION OF ORGANIZATION OF OR PARTICIPATION IN TRADE FAIRS AND EXHIBITIONS

Article 28. Obligations of traders organizing or participating in trade fairs and exhibitions

1. Traders organizing trade fairs and exhibitions are obliged to:

a) register the organization of trade fairs and exhibitions with competent state management agencies;

b) handle complaints and receive feedbacks from consumers or organizations and individuals on trade fairs and exhibitions or goods displayed at trade fair and exhibitions;

c) provide participants with sufficient and accurate information on the participation in trade fairs and exhibitions and other activities than goods display in trade fairs and exhibitions;

d) fulfill other obligations as prescribed in Article 139 and 140 of the Commercial Law.

2. Traders, organizations and individuals participating trade fairs and exhibitions (participating in goods display at trade fairs and exhibitions) are obliged to:

a) take full responsibility for goods or services displayed at trade fairs and exhibitions;

b) provide sufficient and accurate information on goods to be displayed for traders organizing trade fairs and exhibitions and take responsibility for such information;

c) fulfill other obligations as prescribed in Article 138 and 139 of the Commercial Law.

Article 29. Registration of organization of trade fairs and exhibitions

1. Traders organizing trade fairs and exhibitions in Vietnam, exclusive trade fairs and exhibitions included in trade promotion programs or activities decided by the Prime Minister or provincial People’s Committee, or organizing the participation by traders, organizations and individuals in overseas trade fairs and exhibitions, exclusive trade fairs and exhibitions included in trade promotion programs or activities decided by the Prime Minister, must apply for the registration of organization of trade fairs and exhibitions with competent state management agencies.

2. Competent state management agencies prescribed in Clause 1 in this Article include:

a) the Department of Trade and Industry of locality where trade fairs and exhibitions are organized in Vietnam;

b) the Ministry of Trade and Industry for trade fairs and exhibitions in foreign countries

3. Traders may apply for the registration in one of the following forms:

a) Submitting an application for registration to competent state management agencies by post;

a) Submitting an application for registration directly to the head office of competent state management agencies;

c) Using the public online service system provided by competent state management agencies.

4. Time for registration (according to the receiving date in the delivery note if the application is submitted by post; according to the date recorded in the confirmation note if it is directly submitted or the date recorded on the system if it is submitted via the public online service system) shall be specified as follows:

a) At the earliest 365 days or at least 30 days before the opening date of trade fairs and exhibitions in Vietnam;

b) At the earliest 365 days and at least 45 days before the opening date of overseas trade fairs and exhibitions

5. An application for registration of organization of trade fairs and exhibitions shall include:

a) An application form for registration of organization of trade fairs and exhibitions according to Form no.10 provided in the Appendix issued together with this Decree;

b) An uncertified copy of the enterprise registration certificate, investment registration certificate, decision on foundation or other decision with equal validity in accordance to provisions of laws;

6. Contents of registration of organization of trade fairs and exhibition shall contain:

a) the names of traders or organizations engaged in commerce-related activities organizing trade fairs and exhibitions;

b) the names and themes of trade fairs and exhibitions (if any);

c) time and place of trade fairs and exhibitions;

d) expected scale of trade fairs and exhibitions;

dd) the display of counterfeit goods and intellectual property right-infringing goods; the conferment of awards and grant of certificates of the quality and titles of goods or services, certificates of reputation and titles of traders, organizations and individuals participating the trade fairs and exhibition; the organization of trade fairs and exhibitions on behalf of provinces, cities or the country of Vietnam.

7. Competent state management agencies must reply in writing whether to certify the registration of organization of trade fairs and exhibitions within 07 working days from the day on which the satisfactory application is received. In case such registration is refused, clear explanation is required. Contents of certifying or refusing of registration will comply with Form no.11or 12 provided in the Appendix issued together with this Decree.

8. For the case in which two or more traders, organizations engaged in commerce-related activities register the organization of trade fairs and exhibitions with the same name, theme as well as time and place, competent state management agencies shall hold a negotiation for the purpose of selecting traders or organizations engaged in commerce-related activities eligible to organize such trade fairs and exhibitions.

9. If the negotiation prescribed in Clause 8 in this Article fails, competent state management agencies may decide to grant a certificate of registration of organization of trade fairs and exhibitions to one trader or organization engaged in commerce-related activities according to:

a) the results of similar trade fairs and exhibitions organized by such trader or organization;

b) the capacity to organize trade fairs and exhibitions;

c) experiences in organizing trade fairs and exhibitions with the same names, themes or similar trade fairs and exhibitions;

d) the evaluation of relevant trade associations

10. Traders or organizations engaged in commerce-related activities must send a written report of the results of trade fairs and exhibitions depending on registered and certified contents in consistent with Form no.14 provided in the Appendix issued together with this Decree within 30 days from the termination date of trade fairs and exhibitions.

11. Trade fairs and exhibitions organized in Vietnam must meet criteria as follows:

a) Goods at trade fairs and exhibitions must be displayed or introduced in standard booths (sized 3mx3m) or areas equivalent to standard booths;

b) The service of electricity, water, security and cleaning must be fully provided.

12. The organization of trade fairs and exhibitions in Vietnam on behalf of provinces or cities must meet standards prescribed in Clause 11 in this Article and those prescribed in regulations issued by People's Committees of provinces and cities. The organization of participation in overseas trade fairs and exhibitions on behalf of the county of Vietnam must meet standards as regulated by the Ministry of Trade and Industry.

13. Provincial People’s Committees shall publish the annual list of places eligible for the organization of trade fairs and exhibitions and preferential sectors for trade fairs and exhibitions organized in provincial localities in the following year before October 01.

14. Traders organize or participate in overseas trade fairs and exhibitions for their own goods or services are not required to comply with regulations in this Article.

Article 30. Registration of amendments to trade fairs and exhibitions

1. With regard to amendments to registered trade fairs and exhibitions, traders or organizations engaged in commerce-related activities must apply for the registration of the amendments to trade fairs and exhibitions. An application for amendments to trade fairs and exhibitions must be submitted to competent state management agencies at least 30 days prior to the opening date of such trade fairs and exhibitions. The application for amendments to trade fairs and exhibitions must be consistent with Form no.13 provided in the Appendix issued together with this Decree.

2. Traders may apply for the registration in one of the following forms:

a) Submitting an application for amendments to competent state management agencies by post;

a) Submitting an application for amendments directly to the head office of competent state management agencies;

c) Using the public online service system provided by competent state management agencies.

3. Competent state management agencies may approve or not approve the amendments to trade fairs and exhibitions within 07 working days from the day on which the satisfactory application is received. In case such amendments are disallowed, clear explanation is required.

4. The amendments to trade fairs and exhibitions must not harm the rights and benefits of relevant traders, organizations and individuals.

Article 31. Termination of trade fairs and exhibitions

1. Traders organizing trade fairs and exhibitions are obliged to terminate a part or the whole trade fairs and exhibitions as required by state management agencies. State management agencies may ask the traders to terminate trade fairs and exhibitions only when discovering their violations against regulations in Clause 2 and 3 in Article 131, Clause 3 in Article 133, Article 134, 135, 136 and 137 of the Commercial Law.

2. The termination of trade fairs and exhibitions must be published and must not harm the rights and benefits of traders participating in such trade fairs and exhibitions.