Tiếng Việt
中文Short answer: All promotional programs in Vietnam must comply with the principles in Article 3 of Decree 81/2018/ND-CP: conducted lawfully, honestly, publicly, and transparently; safeguarding the lawful rights and interests of consumers and other traders; ensuring the quality of promoted goods and services; facilitating prize collection by winning customers and complaint resolution. An agent may not on its own carry out promotional programs for the principal’s goods or services without the principal’s approval.
Legal basis
- Decree 81/2018/ND-CP — Article 3 (principles of promotion);
- Commercial Law 2005 — provisions on trade promotion and commercial advertising.
Principles of promotion (Article 3, Decree 81/2018)
- Promotional programs must be conducted lawfully, honestly, publicly, and transparently, safeguarding the lawful rights and interests of consumers, traders, and other organizations and individuals;
- Traders conducting promotions must ensure favorable conditions for winning customers to receive prizes and are obligated to resolve complaints related to the program;
- Ensure the quality of promoted goods and services and of goods and services used for promotion;
- Promotion must be associated with the sale of goods or provision of services; promotion aimed at unfair competition is prohibited;
- Comply with regulations on notification/registration of promotional activities with state management authorities according to the promotion form.
May an agent conduct promotions on its own?
No — without the principal’s consent. Goods and services subject to the principal’s commercial disposition rights; the agent may only conduct promotions within the authorized scope of the agency contract. Unauthorized promotion may breach the agency contract and expose the agent to compensation claims by the principal.
Related services
Business Licenses and Conditional Business Sectors
If your business is preparing an application, amendment, business line registration or licensing review, ANT Legal can help check the file and execution path.
Key notes
- Certain forms of promotion must be notified to or registered with the Department of Industry and Trade before implementation;
- False or misleading promotions may be subject to administrative sanctions in the trade sector.
How ANT Legal can assist
ANT Legal advises on promotional programs, notification/registration procedures, and commercial law compliance. For advice on your specific case, please contact our lawyers at 0966.475.966.
