Instructions for preparing promotional program registration documents

Application for registration of promotional programs is an important factor that helps businesses ensure that promotional programs are licensed quickly and in accordance with regulations. Long Phan provides detailed instructions on necessary documents, from program descriptions, implementation plans, to related legal documents, thereby helping businesses avoid errors and minimize time processing time and increase their chances of approval.

What is a promotional program? Notes when implementing promotional programs

Pursuant to Clause 88 of the Law on Commercial 2005, a promotion program is a program aimed at promoting the purchase and sale of goods and the provision of services by giving customers certain benefits.

When implementing promotional programs, keep in mind the following issues:

• First, if a trader conducts promotions for the goods or services of another trader on the basis of a contract, that contract must be established in writing or in another form with equivalent legal value.
• Second, promoted goods and services must be legally traded goods and services, and exclude the following goods and services: alcohol, lotteries, cigarettes, breast milk substitutes, drugs medical treatment for humans, including drugs that have been permitted for circulation according to regulations of the Ministry of Health (except for promotions for drug traders), medical examination and treatment services of public medical facilities, medical services education of public institutions, public vocational education institutions, goods and services banned from circulation in Vietnam and other goods and services banned from promotion according to the provisions of law.
• Third, the goods and services used for promotion can be the goods and services that the trader is trading or other goods and services.
• Fourth, the total value of goods and services used for promotion that traders conduct in a promotion program must not exceed 50% of the total value of the goods and services being promoted, except for some forms of promotion according to legal regulations.
• Fifth, for sales promotions and service provision accompanied by participation in programs of chance where participation in the program is associated with the purchase of goods and services and winning prizes is based on the luck of the participants according to the rules and announced prizes, traders must deduct 50% of the announced prize value into the state budget in case there is no winner.
• Sixth, do not perform prohibited acts in promotional activities Eighth, notify promotional activities, and register promotional activities according to law if the form of promotion falls under the circumstances that require notification and registration. Sign up for promotional activities.

Maximum discount for promoted goods and services

Pursuant to Clause 1, Clause 2 and Clause 4, Article 6 of Decree 81/2018/ND-CP, the maximum discount level for promoted goods and services is:

• The material value used to promote a unit of promoted goods or services must not exceed 50% of the price of that promoted unit of goods or services before the promotion period, except in the case of promotional sales by the forms specified in Clause 8 and Clause 9, Article 92 of the Law on Commercial, Article 8, Clause 2, Article 9, Article 12, Article 13, Article 14 of Decree 81/2018/ND-CP.
• The total value of goods and services used for promotion that a trader conducts in a promotion program must not exceed 50% of the total value of the goods and services being promoted, except in the case of promotions in form of goods or services. Formula specified in Clause 8 and Clause 9, Article 92 of the Law on Commercial 2005, Article 8 and Clause 2, Article 9, Decree 81/2018/ND-CP.
• In cases of organizing concentrated promotional programs (hour, day, week, month, promotion season), the maximum limit on the value of goods and services used for promotion is 100%. The maximum limit on the value of goods and services used for 100% promotion is also applied to promotional activities within the framework of trade promotion programs and activities decided by the Prime Minister.

Components of promotional program registration documents

Pursuant to Clause 4, Article 19 of Decree 81/2018/ND-CP, registration documents for implementing the promotion program include:

• 01 Register to implement promotional programs according to Form No. 02 Appendix issued with Decree 81/2018/ND-CP;
• 01 Promotion program regulations according to Form No. 03 Appendix issued with Decree 81/2018/ND-CP;
• Sample of proof of winning or detailed description of proof of winning;
• 01 copy without certification of documents on the quality of promotional goods according to the provisions of law.

Where to submit an application for a promotion program?

Pursuant to Clause 2, Article 19 of Decree 81/2018/ND-CP, traders will submit commercial activity registration documents at:

• Department of Industry and Trade for promotional programs of chance carried out in a province or centrally run city;
• Ministry of Industry and Trade for promotional programs of chance carried out in areas of 2 or more centrally-affiliated provinces and cities and promotional programs in other forms.

Traders can submit applications in the following 3 ways:

• Submit documents by post, using the notification service;
• Submit application directly to the competent authority;
• Use the online public service system provided by competent State management agencies.

Promotion program registration procedures are carried out according to Clauses 6, 7, 8, Article 19 of Decree 81/2018/ND-CP. This procedure will have a number of changes and additions specified in Decree 128/2024/ND-CP effective from December 1, 2024, amending a number of articles of Decree 81/2018/ND-CP.

Consulting services and support for preparing promotional program registration documents

Long Phan’s consulting and support services for preparing promotional program registration documents help you prepare fully and accurately the necessary documents to ensure your business’s promotional program is quickly licensed, and legal. With a team of experienced experts, we are committed to providing you with comprehensive and effective services, including:

• Consulting on legal requirements: Long Phan will provide detailed instructions on current legal regulations related to promotions, helping you clearly understand your rights and obligations, and avoid legal risks.
• Drafting complete and accurate documents: We support the drafting of necessary documents and documents such as program descriptions, implementation plans, and commitments to protect consumer rights, and ensure documents are carefully prepared and meet the requirements of state agencies.
• Check and complete the dossier: Long Phan will review and check every detail in the dossier to ensure there are no omissions or errors, avoiding returns or additional requests.
• Representative to submit applications and work with authorities: We will represent you to submit applications directly to the Department of Industry and Trade and the Ministry of Industry and Trade, and monitor the approval progress to ensure the registration process went smoothly and quickly.
• Support to answer questions and handle arising problems: During the registration process, if any questions or problems arise, Long Phan’s consulting team is always ready to support you to resolve them fast, and effectively.

Using the guidance service to prepare promotional program registration documents will bring many practical benefits to your business. You will save time and effort in understanding complex regulations, while minimizing the risk of unnecessary errors. With professional consulting services and a commitment to quality, Long Phan will help you save time and minimize risks during the promotion program registration process. Please contact us immediately via the hotline 0906735786 to receive detailed advice and timely support.