Notification of Promotional Activities: A Guide

The notification of promotional activities is a legal procedure that traders must complete before launching specific customer incentives. This process ensures the program’s legality and transparency and protects consumer rights. This article from Long Phan Consulting Company provides a detailed analysis of the legal regulations governing this procedure.

Procedure for Notification of Promotional Activities

When is Notification of Promotional Activities Required?

Under Article 17 of Decree 81/2018/ND-CP, a trader must complete the notification of promotional activities to the Department of Industry and Trade (DOIT) where the program is organized. To apply this correctly, one must distinguish between the following cases:

1. Cases Exempt from Notification:

• Specific Promotion Forms: Traders do not need to notify when conducting programs such as providing sample goods or services (Article 8, Decree 81/2018/ND-CP), giving goods or services free of charge (Article 9, Decree 81/2018/ND-CP), offering price reductions (Article 10, Decree 81/2018/ND-CP), or selling goods with purchase vouchers (Article 11, Decree 81/2018/ND-CP).
• Total Prize Value Under VND 100 Million: Promotional programs with a total gift or prize value below VND 100 million are exempt from the notification requirement.
• E-commerce Promotions: This exemption applies to promotions conducted exclusively on e-commerce platforms or online promotion websites/applications.
• Concentrated Promotion Programs: Programs with a promotional limit exceeding 50% are exempt if they are part of concentrated promotional events initiated by provincial/city state agencies or the Government (e.g., Hanoi Promotion Month, HCMC “Shopping Season,” “Black Friday”).

2. Distinction Between “Notification” and “Registration”

The registration of promotional activities is a stricter procedure, applicable to programs involving elements of chance. According to Article 19 of Decree 81/2018/ND-CP, a trader must register and await confirmation from the competent authority before implementing:

• Sales of goods or provision of services that include participation in chance-based programs (Article 13, Decree 81/2018/ND-CP).
• Other forms of promotion as stipulated in Clause 9, Article 92 of the Commercial Law 2005.

Dossier for Notification of Promotional Activities

As per Clause 4, Article 17 of Decree 81/2018/ND-CP, the dossier includes only one document: a Notification of Promotional Activities form, using Sample No. 01 from the Appendix issued with Decree 128/2024/ND-CP.

The notification must contain the following details:

• Name of the promoting trader: State the company name and enterprise identification number.
• Name of the promotion program: The commercial name of the program.
• Location of the promotion: List the specific provinces and cities where the program will run.
• Form of promotion: For example, organizing a frequent customer program (under Article 14).
• Promoted goods and services: List the applicable products and services.
• Goods and services used for promotion: Describe the gifts and prizes.
• Promotion period: Specify the start and end dates.
• Customers of the promotion program: Clearly define the target audience.
• Prize structure and total prize value: Detail the quantity and value of each prize type.
• Detailed content of the promotion program (rules): Describe participation methods and conditions for receiving rewards.
• Information on co-promoting traders (if any): State the roles and responsibilities of each party in case of collaboration.
• Legal Basis: Clause 5, Article 17, Decree 81/2018/ND-CP.

Incomplete or incorrect information can lead to requests for clarification or supplementation from authorities, affecting the program’s launch schedule. A thorough review of the content before submission is a critical step in the notification of promotional activities.

>>> See more at: Instructions for preparing a sample notice of promotional programs to customers

Competent Authority for Resolution

According to Clause 3, Article 17 of Decree 81/2018/ND-CP, amended by Clause 3, Article 1 of Decree 128/2024/ND-CP, the sole authority for receiving and managing notification dossiers is the Department of Industry and Trade (DOIT) where the promotion is organized. This is a specialized agency under the Provincial People’s Committee, responsible for state management of industry and trade within its jurisdiction.

If a program is conducted nationwide, the trader must submit dossiers to the corresponding DOITs. Modern submission methods, such as the National Public Service Portal, simplify this process.

Note on Registration Authority: For chance-based programs, the authority is determined by Article 19 of Decree 81/2018/ND-CP:

• Department of Industry and Trade (DOIT): Confirms registration for programs conducted within a single province or city.
• Ministry of Industry and Trade (MOIT): Confirms registration for programs conducted in two or more provinces or cities.

Understanding these jurisdictional rules ensures compliance and demonstrates professionalism during the notification of promotional activities.

Dossier Submission Methods

Current law provides flexible methods for traders to complete the notification of promotional activities, facilitating administrative processes in line with digital transformation.

As per Clause 3, Article 17 of Decree 81/2018/ND-CP (amended by Clause 3, Article 1 of Decree 128/2024/ND-CP), traders can choose one of the following submission methods to the competent DOIT:

Direct Submission:

• The trader or an authorized representative brings one hard copy dossier to the single-window section of the DOIT office.
• Time of receipt: The date on the dossier receipt issued by the receiving officer.

Postal Service Submission:

• The trader sends one hard copy dossier via a courier service (e.g., VNPost, Viettel Post).
• Time of receipt: The date on the shipping waybill or equivalent document from the postal service.

Online Public Service System Submission:

• This is the most encouraged method. The trader creates an account, fills in information, and uploads a scanned copy of the dossier via the National Public Service Portal or the provincial-level administrative procedure resolution information system.
• Time of receipt: The date the system successfully records the submitted dossier.

Note: As of December 1, 2024, Decree 128/2024/ND-CP has officially abolished the submission method via email for the notification procedure. Traders should not use this method to ensure their dossier is considered valid.

Dossier Processing Sequence

The notification of promotional activities follows a simple, quick sequence. For this procedure, the state agency does not need to issue a written approval. If there is no feedback requesting amendments from the competent authority, the trader is implicitly authorized to implement the promotion.

The processing procedure is regulated by Articles 17 and 18 of Decree 81/2018/ND-CP and includes these steps:

Step 1: Dossier Submission

• The trader submits one dossier to the competent DOIT using a valid method.
• Deadline: Must be submitted at least 03 working days before the promotion’s start date. This is a mandatory deadline; late submission may be considered a violation.

Step 2: State Agency Receipt and Information Disclosure

• The DOIT receives the dossier. Unlike the registration procedure, the DOIT is not obligated to issue a confirmation for a notification.
• The authority will publicly disclose key program information (trader’s name, content, time, location) on its website or through other means.
• This disclosure will not occur before the promotion’s start time.

Step 3: Implementation of the Promotion Program

• After completing the timely and valid submission, if no written request for amendment or supplement is received from the DOIT, the trader can proceed with the program as notified.

In Case of Amendments (under Article 18, Decree 81/2018/ND-CP):

• If there are any changes to the notified program content, the trader must perform a notification of amendment.
• The dossier includes one written notification of amendment using Sample No. 06, issued with Decree 128/2024/ND-CP.
• The amendment notification must be made before the change is applied and must not adversely affect the rights of customers who have already participated.

Strict adherence to these steps is the trader’s responsibility to complete the notification of promotional activities.

Process for the Notification of Promotional Activities

>>> See more at: Things to note when promoting discounts on goods and services

Consulting and Procedural Support Services at Long Phan Consulting

Long Phan Consulting Company provides professional services to support clients in executing the notification of promotional activities accurately, quickly, and effectively, minimizing legal risks. With extensive experience, we will act on your behalf to:

• Analyze your promotion model to determine the correct legal obligation: notification, registration, or exemption.
• Draft and complete the entire dossier, ensuring accuracy and completeness.
• Submit the dossier on your behalf to the competent DOIT(s) nationwide using the optimal method.
• Act as your authorized representative to work with and provide explanations to competent state agencies if required.
• Monitor the dossier processing and provide updates until the procedure is complete.
• Advise on goods and services prohibited from promotion.
• Assist in drafting and submitting dossiers for amending promotion program content.
• Review the entire program rules to ensure legality, transparency, and protection of consumer rights.

Frequently Asked Questions about the Notification of Promotional Activities

To help businesses apply legal regulations correctly and avoid unnecessary risks, we have compiled and answered some of the most common practical questions about the notification of promotional activities.

Is there a state fee for the notification of promotional activities?

No. Under current regulations, the notification of promotional activities to the DOIT is an administrative procedure with no fees or charges. Businesses only need to prepare and submit a valid dossier.

What is the specific penalty if a business fails to notify a promotion?

If a trader fails to notify in a mandatory case, they may face administrative fines. According to Decree 98/2020/ND-CP, the fine can range from VND 10,000,000 to VND 20,000,000 for this violation.

Which goods and services are strictly prohibited from promotion?

The law prohibits promotional activities for specific products and services such as tobacco, alcohol with an alcohol content of 15% ABV or higher, breast-milk substitutes for children under 24 months, prescription drugs for human use (except for promotions targeting drug traders), medical examination and treatment services, and other prohibited goods and services.

Our program’s total prize value was expected to be under VND 100 million but now exceeds it. What should we do?

In this case, the obligation for the notification of promotional activities arises as soon as the total prize value is projected to exceed VND 100 million. The business must immediately notify the DOIT of the excess amount before continuing the program to ensure legality.

How is the “03 working days” deadline calculated?

“Working days” are Monday through Friday, excluding public holidays under the Labor Code and weekends (Saturday, Sunday). For example, if you submit a dossier on a Thursday, the earliest the promotion can start is the following Tuesday.

Does a promotion on social media like Facebook, Zalo, or TikTok require notification?

Social media is a communication channel. Whether notification is required depends on the nature and scale of the promotion (e.g., form, total prize value over VND 100 million), not the advertising channel. If the program falls under the mandatory notification category, it must be complied with regardless of where it is promoted.

My business is based in HCMC but is running a promotion only in Da Nang. Where do I submit the dossier?

According to regulations, the dossier must be submitted to the DOIT where the promotion is organized. In this case, your business must complete the notification procedure at the Da Nang City Department of Industry and Trade.

Conclusion

Compliance with the notification of promotional activities is not just a legal obligation but also a reflection of a trader’s professionalism and credibility in the market. To ensure your promotion program is implemented smoothly and legally, contact us. For detailed support and consultation, please contact Long Phan Consulting Company via our hotline at 1900636389.