HÃNG LUẬT DHP

When implementing promotional programs on the online sales website, whether it is necessary to notify / register with the Department of Industry and Trade is a question of many businesses. The following article will clarify this issue.

1. Legal documents related to promotional activities

• Commercial Law dated June 14, 2005.
• Decree No. 81/2018/ND-CP dated May 22, 2018 of the Government detailing the Commercial Law on trade promotion activities.

1. Promotional forms must be notified

photo: collectibles

• Organizing for customers to participate in cultural, artistic, entertainment and other events for promotional purposes
• Free sample delivery, free sample service.
• Donating goods and providing services without collecting money.
• Selling goods or providing services at a price lower than the previous selling price or providing services, applied during the announced promotional period ( Promotion in the form of a discount)
• Selling goods and providing services with purchase vouchers and service use vouchers.
• Selling goods and providing services with contest tickets for customers to choose the award winners according to the announced rules and prizes.
• Organize a frequent flyer program. The awarding to customers is based on the quantity and value of goods and services purchased by the customer, expressed in the form of customer cards, receipts for purchases, services and other forms.

1. Cases that do not require notice

When conducting sales promotion in the forms specified in Section 2, traders are not required to carry out administrative procedures for notification of promotion when:

• Traders conducting promotional programs according to regulations with the total value of prizes and gifts under VND 100 million;
• Traders only conduct sales and promotions through e-commerce trading floors , online promotion websites.

1. Promotions must be registered

• Selling goods and providing services together with participation in chance programs, whose participation in the program is associated with the purchase of goods and services (winning lottery).
• Promotion of goods and services that use the internet, electronic means, equipment, and information technology application in the process.

1. Conclusion

Thus, based on the above regulations, promotional programs on online sales websites that are not e-commerce trading floors or online promotion websites must carry out the notification procedures to the Department of Public Security. except for the case of promotions, the total value of prizes and gifts is less than VND 100 million.