Thông tư liên tịch 07/2007/TTLT-BTM-BTC

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES ON SALES PROMOTION AND FAIRS, EXHIBITIONS PROVIDED FOR IN DECREE NO.37/2006/ND-CP DATED APRIL 04, 2006 OF THE GOVERNMENT DETAILING THE COMMERCIAL LAW ON ACTIVITIES OF TRADE PROMOTION

Pursuant to Decree No.29/2004/ND-CP dated January 16, 2004 of the Government regulating functions, tasks, powers and organizational structure of the Ministry of Commerce;

Pursuant to Decree No.77/2003/ND-CP dated July 01, 2003 of the Government regulating functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to Decree No.37/2006/ND-CP dated April 04, 2006 of the government detailing the Commercial Law on activities of trade promotion (hereinafter referred to as Decree No.37/2006/ND-CP);

Ministries Of Commerce – Finance guide the implementation of a number of Articles on activities of sales promotion and fairs, exhibitions provided for in Decree No.37/2006/ND-CP as follows:

I. STATE MANAGEMENT AGENCIES ON TRADE FOR THE ACTIVITIES OF PROMOTION AND FAIRS AND TRADE EXHIBITIONS

1. State management agencies on trade that are competent for the activities of promotion and fairs, trade exhibitions (hereinafter referred to as the state management agencies), include:

a) Ministry of Commerce shall be responsible for handling the registration for sales promotion, registration for organizing fairs and trade exhibitions under its jurisdiction according to provisions of the Commercial Law, Decree No.37/2006/ND-CP and guidance in this Circular;

b) Department of Commerce shall be responsible for handling the notification and registration for sales promotion, registration for organizing fairs and trade exhibitions under its jurisdiction according to provisions of the Commercial Law, Decree No.37/2006/ND-CP and guidance in this Circular.

2. Responsibilities of the state management agencies

a) To publicize the conditions, time, order and procedures of notification and registration for sales promotion, registration for organizing fairs and trade exhibitions;

b) To receive and settle the notification and registration for sales promotion, organizing fairs, and trade exhibitions under its jurisdiction according to provisions of the Commercial Law, Decree No.37/2006/ND-CP and guidance in this Circular;

c) To inspect and monitor the activities of sales promotion, fairs and trade exhibitions under its jurisdiction according to provisions;

d) Other responsibilities as prescribed by law.

II. SALES PROMOTIONS

1. The forms of sales promotion required to notify in writing to the Department of Commerce where the sales promotion is organized include:

a) Giving samples of goods or providing services as samples to customers for trying to use without making payment;

b) Giving goods or providing services to customers free of charge with or without the purchase and sale of goods or services provision;

c) Selling goods or providing services at prices lower than the previous sales price, service provision;

d) Selling goods or providing services together with coupons of goods purchase, service use;

đ) Selling goods or providing services together with slips participating in contest for customers to select the prize winners according to the rules and prizes already announced;

e) Organizing the programs of frequent customers;

g) Organizing for customers to participate in the programs of culture, arts, entertainment, and other events for promotional purposes.

2. Notice of sales promotion

No later than 07 (seven) working days before the sales promotion, traders conducting the forms of sale promotion referred to in clause 1 of this Section shall send written notices (according to Form KM-1 in the Appendix attached to this Circular) to the Department of Commerce where the sale promotions are made. Upon receiving the notification dossiers on the sales promotion, the Department of Commerce records the receipts of dossiers. Receipts of dossiers are made into 02 copies (according to Form KM-4 in the Appendix attached to this Circular), 01 copy is given to trader, 01 copy is archived in the Department of Commerce (not applicable to case that dossier is sent by mail);

3. The forms of sales promotion must be registered with the Department of Commerce (if they are implemented in an area of province or city under central authority), Ministry of Commerce (if they are implemented in the area of from two provinces and cities directly under the Central or more), including:

a) Selling goods or providing services together with the participation in the promotion program of chance;

b) The other forms of promotion as prescribed in Article 17 of Decree No.37/2006/ND-CP.

4. A dossier of registration for sales promotion includes:

a) A written registration for sales promotion (Form K-M2 in Appendix attached to this Circular);

b) Rule of promotion program (Form K-M3 in the Appendix attached to this Circular);

c) Form of lottery ticket for the promotion program with issuance of lottery tickets;

d) Images of promotional goods and goods used for sales promotion;

đ) Form of evidence determining the winning (if any);

e) A copy of the certificate of quality of goods and services promoted and goods and services used for sales promotion in accordance with the law provisions (if any).

In addition to the documents mentioned in points a, b, c, d, đ and e of this clause, trader does not need to present any other additional documents.

5. Receipt of registration dossiers for sales promotion

a) Upon receipt of registration dossiers for sales promotion, the state management agencies record receipt of dossiers. Receipt of dossiers is made in 02 copies (according to Form KM-4 in the Appendix attached to this Circular), 01 copy is given to trader, 01 copy is archived in the state management agency (not applicable to case that dossier is sent by mail);

b) Within 03 (three) working days after receiving the dossier, for the dossier which is incomplete or invalid, the state management agency notifies in writing (according to Form KM-5 in the Appendix attached to this Circular) to trader for complementing and completing dossier. The time limit for handling dossier is taken into account from the time that the State management agency receives full and valid dossier;

c) Traders registering sales promotion may request the State management agencies to explain the requirements of complementing and completing dossier. State management agencies are responsible for replying to the request of traders.

6. Certification, non-certification of the registration for sales promotion

a) Within 07 (seven) working days after receipt of full and valid registration dossier of sales promotion, the state management agency shall consider and certify or not certify in writing (according to Form KM-6 or KM-7 in Appendix attached to this Circular), in case of non-certification, it must state clearly the reason;

b) Where the Ministry of Commerce is the agency certifying the registration for sales promotion, no later than 07 (seven) working days before the promotion, trader shall send written notification to the Department of Commerce where the promotion is implemented together with written certification of the Ministry of Commerce.

7. Amendment and supplementation of the contents of promotion

a). Traders who wish to amend and supplement the contents of the promotional program, they must send written notice or register for amendment and supplementation of the contents of promotional program (according to the Form KM-8 in Appendix attached to this Circular) to state management agency where the notice or registration for sales promotion is implemented;

b). The order and procedures of registration for amendments and supplementation of the contents of promotional program of form required to notify comply with the instructions in clause 2, Section II of this Circular. The order and procedures of registration for amendments and supplementation of the contents of promotional program of form required to register comply with the instructions in clause 5 and 6 of Section II of this Circular;

c). The amendment and supplementation of the contents of promotional program must be ensured compliance with regulations on sales promotion in the Commercial Law and Decree No.37/2006/ND-CP.

8. For the form of promotion with chance nature, when putting evidence to determine the winning into the goods or opening prize promotions with prizes worth 100 million dong or more, the traders must inform the Department of Commerce where the above activities are carried on before 07 (seven) working days for inspection and supervision of the implementation.

9. Termination of promotional programs

In case of termination of the implementation of promotional programs specified in clause 1 of Article 19 of Decree No.37/2006/ND-CP the traders are obliged to publicize to their customers and the state management agencies.

10. Suspension of the implementation of promotional programs

State management agencies suspend the implementation of the whole or part of the promotional program of trader if it is detected committing violation of provisions in Article 20 of Decree No.37/2006/ND-CP (according to Form KM-9 in Appendix attached to this Circular).

11. Handling of the prize without winners of the promotional program with chance nature

a) Within 8 (eight) working days after expiration of award, the trader is responsible for reporting in detail to the State management agency on the prize without winners (according to the Form KM -10 in the Appendix attached to this Circular);

b) Within 7 (seven) working days from receipt of trader’s report, the State management agency inspects, certifies and makes the decision to collect 50% of the value of the award announced without the winners of the promotional program (according to the Form KM-11 in the Appendix together with this Circular);

c) Within 15 (fifteen) working days after receiving the decision to collect of the state management agency, trader shall pay the amount 50% of the value of the award announced without the winners of the promotional program into account of the state management agency that have confirmed registration for sales promotion at the State Treasury;

d) Based on decisions of collection, State Treasury accounts, regulates the revenue as assigned, including the revenue paid by the decision of the Ministry of Trade, shall be the regulated 100% into the central budget, the revenue paid by the decision of the Department of Commerce, shall be the regulated 100% into the local budget and accounted into Chapter 160, type 10, clause 10, Section 062, Sub-section 99 of the State Budget Index;

đ) Accounting and settlement inspection

Trader accounts the paid amount 50% of the value of the award announced without the winners of the promotional program into the price cost of the enterprise. Ending the budget year, the State Treasury informs the agency made decision on the proceeds into the Treasury and regulated the remittance into budget. On that basis, the state management agency of trade synthesizes and settles with the financial management agency at the same level of the amount according to the decision to collect and the proceeds to the state budget.

12. Report of the results of sales promotion implementation

a) Ending the promotional programs, traders must report the results of sales promotion at locality to the state management agencies (according to Form KM-12 in Appendix issued together with this Circular);

b) Where the Ministry of Commerce is the agency certifying the registration for sales promotion, apart from having to report the results of sales promotion implementation at locality to the Ministry of Commerce, traders are responsible for reporting to the local Department of Trade the results of sales promotion implementation in the localities where traders conduct sale promotion.

III. FAIRS AND TRADE EXHIBITIONS

1. Registration for organizing fairs and trade exhibitions

a) The organization of fairs and trade exhibitions in Vietnam or organization to participate in the fairs, trade exhibitions in foreign countries (hereinafter referred to as organizations of fairs and trade exhibitions) must be registered with the state management agencies before October 01 of the year preceding the year of the organization.

b) In case of registration after the deadline under the guidance at point a of this clause, traders, organizations operating related to trade must register before the opening date of fairs, trade exhibitions at least 30 (three twenty) days for fairs and trade exhibitions in Vietnam or the 45 (forty five) days for fairs and trade exhibitions in foreign countries.

2. Dossiers of registration for organization of fairs, trade exhibitions
Dossier of registration for organization of fair, trade exhibition shall comply with the provisions of Article 38 of Decree No.37/2006/ND-CP of which has a written registration for organization of fair, trade exhibition (according to Form HCTL-1 in Appendix attached to this Circular).

3. Receipt of registration dossiers for organization of fairs and trade exhibitions

a) Within 03 (three) working days after receipt of dossier, for the dossier which is incomplete or invalid, the state management agency notifies in writing (form HCTL-2, Appendix attached herewith) trader, organization organizing related to trade for supplementing and completing dossier;

b) Traders and organizations operating related to trade may request the State management agency to explain clearly the contents required to supplement and complete dossier. State management agency is responsible for replying to the request of traders and organizations operating related to trade.

4. Certification, non-certification of the registration for organizing fairs, trade exhibitions

a) Where the registration for organizing fairs, trade exhibitions as guided in point a, clause 1 of this Section, upon receiving complete and valid dossier of registration for organizing fairs, trade exhibitions, the State management agency is responsible for reviewing, certifying or not certifying in writing (according to the Form HCTL-3 or HCTL-4 in the Appendix attached to this Circular) before November 11 of the year preceding the year of the organization, in case of not certifying, it must state clearly the reason;

b) Where the registration for organizing fairs, trade exhibitions as guided in point b, clause 1 of this Section, within 10 (ten) working days after receiving complete and valid dossier of registration, the State management agency shall consider and verify or not verify in writing (according to the Form HCTL-3, HCTL-4 above).

5. Where there are two traders, organizations operating related to trade or more registering for the organization of fairs, trade exhibitions that are the same name, subject, time, and location:

a) Where the registration under the guidance in point a, clause 1 of this Section, the State management agency holds the negotiation to select trader, organization operating related to trade to be held such fair, trade exhibition. Where the negotiation is not reached result, the state management agency shall make certification decision for 01 (a) trader or organization operating related to trade to be held based on grounds specified in clause 4 of Article 34 and clause 4 of Article 36 of Decree No.37/2006/ND-CP;

b) Where the registration under the guidance at point b, clause 1 of this Section, the state management agency shall make certification decision for trader or organization operating related to trade that registered in advance.

6. Change or supplementation of contents of the registration for organizing fairs and trade exhibitions

a). Traders and organizations operating related to trade may change, or supplement contents of the registration for organizing fairs and trade exhibitions which have been certified. Written requests for change, supplementation of contents of the registration for organizing fairs and trade exhibitions (according to the form HCTL-5 in the Appendix attached to this Circular) must be sent to the State management agency before the opening date of the fairs, trade exhibitions at least 30 (thirty) days for fairs and trade exhibitions in Vietnam or the 45 (forty five) days for fairs and exhibitions in foreign countries;

b). The order and procedures for the change or supplementation of contents of the registration for organizing fairs and trade exhibitions comply with the guidance in clause 3, clause 4 of this Section.

c). Within 10 (ten) working days after receiving complete and valid dossier of registration, state management agency shall consider and certify or not certify in writing (according to the Form HCTL-3 or HCTL-4 in the Appendix attached to this Circular), in case of not certifying, it must state clearly the reason.

8. Report of the results of organizing fairs, trade exhibitions

Within 30 (thirty) days after the end of the fair, trade exhibition, trader, organization operating related to trade must send a written report of the organization result to the State management agency (according to the Form HCTL-6 in the Appendix attached to this Circular).

9. Showing of counterfeit goods and goods infringing intellectual property rights to compare with the genuine one

a) Before organizations and individuals display the counterfeit goods, goods infringing intellectual property rights for comparison with genuine goods at fairs and trade exhibitions, they must submit written registration (according to the Form HCTL-7 in Appendix attached to this Circular) to the Department of Commerce (in the case of participating in fairs, trade exhibitions in Vietnam) or the Ministry of Commerce (in the case of participating in fairs, trade exhibitions in the foreign countries);

b) Within 03 (three) working days after receipt of dossier, for the dossier which is incomplete or invalid, the state management agency shall notify in writing (according to the Form HCTL-8 in Appendix attached to this Circular) to organization, individual for supplementing the documents;

c) Within 07 (seven) working days after receiving complete and valid dossier, the state management agency must approve or disapprove the registration (according to the Form HCTL-9 or HCTL-10 in Appendix attached to this Circular), in case of not certifying, it must state clearly the reason;

10. Temporary import for re-export, temporary export for re-import of goods for participation in fairs and trade exhibitions

The temporary import for re-export, temporary export for re-import of goods for participation in fairs and trade exhibitions shall comply with the provisions of the Commercial Law, Decree No.12/2006/ND-CP of January 23, 2006 of the Government detailing the implementation of the Commercial Law regarding to international buying and selling activities of goods and activities of agent, purchasing, processing and transiting goods with foreign countries and Circular No.04/2006/TT-BTM dated April 06, 2006 guiding a number of contents provided for in Decree No.12/2006/ND-CP and other provisions of concerned law.

IV. IMPLEMENTATION

1. Ministry of Commerce:

a) Department of Trade Promotion receives and processes the registration for sales promotion, registration for organizing fairs and trade exhibitions under the jurisdiction of the Ministry of Commerce and coordinate with functional agency to inspect and monitor the implementation of the provisions of the law of traders, organize the activities related to trade;

b) Department of Market Management shall coordinate with the Trade Promotion Department and related agencies to inspect and supervise the implementation of the traders, organize the activities related to trade and administrative sanctions as prescribed by law for the violations of the law of traders, organizations operating related to trade.

2. Department of Trade receives and settles the notification and registration for sales promotion, registration for organizing fairs and trade exhibitions under the jurisdiction according to provisions of law and inspects, supervises, and handles violations in activities of sales promotion and fairs, trade exhibitions. Department of Commerce shall report on activities of sales promotion and fairs, trade exhibitions in the area as required by the Department of Trade Promotion.

3. This Circular takes effect 15 days after its publication in the Official Gazette. During the implementation, if any difficulties, problems arise, concerned organizations and individuals promptly report to the Ministry of Commerce, the Ministry of Finance for study, amendment and supplement./.

Form KM-1 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

NOTICE OF SALES PROMOTION

To: ………………………………………………

- Name of trader: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .

- Address of head office: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .

- Telephone: ... ... ... ... ... ... ... ... .... Fax: ... ... ... ... ... ... ... Email: ... ... ... ... ... ...

- Tax Code: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- Account Number: ... ... ... ... ... ... ... ... ... ... ... ...at the Bank ... ... ... ... ... ... ... ...

- Contact person: ... ... ... ... ... ... ... ... ... ... ... ... ... ... Telephone: ... ... ... ... ... ... Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated April 04, 2006 of the Government detailing the Commercial Law regarding trade promotion activities, Joint Circular No.07/2007/TTLT-BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on sales promotion and fairs, trade exhibitions, (name of trader) announces the promotional program as follows:

1. Name of the promotional program: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

2. Geographical area (range) of promotion: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

3. Form of promotion: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

4. Period of promotion: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

5. Goods and services used for promotion: ... ... ... ... ... ... ... ... ... ... ... ... ....

6. Goods and services of promotion: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

7. Customers of the promotional program (those enjoyed to promotion): ... …….

8. Prize structure: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

9. The total value of goods and services used for sales promotion: ... ... ... ... ..

10. The detailed content of the promotional program: ... ... ... ... ... ... ... ... ... ....

(Name of trader) notifies to the Department and commits to comply with and fully takes responsibility for the above promotional program according to the provisions of current law.

(A copy of the document of the Trade Promotion Department certifying the registration for sales promotion enclosed - if available).

Form KM-2 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

REGISTRATION FOR SALES PROMOTION

To:  ..............................................................................................

- Name of trader: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .

- Address of head office: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .

- Telephone: ... ... ... ... ... ... ... ... .... Fax: ... ... ... ... ... ... ... Email: ... ... ... ... ... ...

- Tax Code: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- Account Number: ... ... ... ... ... ... ... ... ... ... ... ...at the Bank ... ... ... ... ... ... ... ...

- Contact person: ... ... ... ... ... ... ... ... ... ... ... ... ... ... Telephone: ... ... ... ... ... ... .

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated April 04, 2006 of the Government detailing the Commercial Law regarding trade promotion activities, Joint Circular No.07/2007/TTLT-BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on sales promotion and fairs, trade exhibitions, (name of trader) registers to implement the promotional program as follows:

1. Name of the promotional program: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

2. Period of promotion: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

3. Goods and services of promotion: ... ... ... ... ... ... ... ... ... ... ... ... ...........

4. Goods and services used for promotion: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

5. Geographical area (range) of promotion: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

6. Form of promotion: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

7. Customers of the promotional program (those enjoyed to promotion): ... …….

8. The total value of the prize: ... ... ... ... ..

The Rules of the promotional program attached.

(Name of trader) sends together with the report of result of the implementation of sales promotion of (name of the preceding promotional program - if available).

(Name of trader) commits to comply with and fully takes responsibility for the above promotional program according to the provisions of current law.

Form KM-3 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

RULES OF THE PROMOTIONAL PROGRAM

(Attached to the Official Dispatch No.…… date...…/… /200…of .......)

1. Name of the promotional program:

2. Goods and services of promotion:

3. Period of promotion:

4. Geographical area (range) of promotion:

5. Form of promotion:

6. Customers of the promotional program (those enjoyed to promotion):

7. Prize structure:

Note:

• Describe in detail the content and symbol code of each prize;

• Specify if the prize shall be converted into cash or not;

• The total prize value compared with the total value of goods promoted;

8. The detailed content of rules of the promotional program:

- The method to conduct the promotional program and of participation to be the winner; the interest of customers as participating in the promotional program.

- Total number of evidence to determine the win (scratch cards, lottery cards, bottle caps, cans rings ...) will be released.

- Rules on the method to determine the winning:

- The method to give evidence to determine the winning into the products of promotion:

- Provisions on the validity of the evidence determined the win:

- The time, place, and method of determining the winning:

- The deadline for receiving notification of winning from the customer who wins the prize:

- Location, method and procedure for giving prize

- Term of giving the prize

- Regulation on the contact point for customer’s inquiries on matters related to the promotional program (contact person, telephone ...).

9. Responsibility of notice:

- Providing on the trader's responsibility for publicizing the information content of the promotional program’s rules (on the mass media; at the place of selling promotional products; on or attached to the promotional products).

- Providing on the trader's responsibility for notifying the winning results on at least one mass media and directly notifying to the winners.

10. Other regulations

- Specifying the objects to be participated or not participated in the promotional program (applied or not applied to employees of companies, dealers, distributors, advertisers, printers serving for the promotional program, minors, children ...)

- Responsibility of program participants for expenses incurred while receiving the prize, including irregular income tax.

- Intention to use information and images of the winners in the advertising activities.

- Providing for the responsibilities of traders in the printing and giving evidence to determine the winning into the promotional products.

- Providing for the traders’ responsibilities in storing the winning evidence of traders for the inspection and supervision.

- The responsibilities of the traders in case of complaints and disputes…

Attached documents:

□ A copy of the certificate of business registration.

□ Images of the promotional products.

□ Images for products used for promotion.

□ Samples of evidence to determine the winning.

□ A copy of the certificate of quality of promotional products (as prescribed by law if any).

□ A copy of the declaration of imported goods (for promotional products imported).

□ A list of locations will be conducted promotional activities and the locations of exchanging award.

□ A written authorization for conducting promotional procedures (if any).

□ Other papers.

Note: The contents guided at the points 8, 9 and 10 are for reference only. Traders should be based on actuality for setting up rules of specific and appropriate promotional programs.

Form KM-4 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

RECEIPT

OF DOSSIER OF NOTIFICATION/REGISTRATION FOR SALES PROMOTION

1. Day ... month ... 200 ... Department of Trade Promotion (Department of Commerce) receives dossier of: (name of trader filing of sales promotion)

Address: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Phone: ... ... ... ... ... ... ... ... ... ... Fax: ... ... ... ... ... ... ... ... ...

Contents:

□ Notice of sales promotion (name of the promotional program)

□ Registration for sales promotion (name of the promotional program)

Implementation period: from ........ to. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

2. A dossier comprises:

□ A copy of the certificate of business registration.

□ Images of promotional products.

□ Images of products used for promotion.

□ Samples of evidence to determine the winning.

□ A copy of the certificate of quality of promotional products (as prescribed by law if any).

□ A copy of the declaration of imported goods (for promotional products imported).

□ A list of locations will be conducted promotional activities and the locations of exchanging award.

□ A written authorization for conducting promotional services (if hiring third party to do the promotional services).

□ Report on the results of sales promotion (Form KM-12) of (name of the preceding promotional program if any)

□ Other papers.

3. Date of paying written certification (for dossier registering for sales promotion):.............

Form KM-5 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

To:..........................................

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

At the dossier attached to Official Dispatch No. ........ date ... month ... 200 ... of (name of trader) registering for the promotional program (name of the promotional program, time, location of promotions), the Department of Trade Promotion (Department of Commerce) proposes (name of trader) adjusts and supplements in the dossiers the following the contents, documents:

□ Promotion period: ............................................ ....;

□ Place of giving award ............................................ ....;

□ The time of giving award: ............................................ ....;

□ Report on the results of sales promotion (Form KM-12) of (name of the preceding promotional program if any)

□ Images of promotional products/products used for promotion;

□ Samples of evidence to determine the winning;

□ A copy of the certificate of quality of promotional products;

□ A copy of the declaration of imported goods (if any);

□ The contents (or other papers):....................................... .........../.

The time limit for solving dossier is from the time the state management agency receives complete and valid dossier.

Department of Trade Promotion (Department of Commerce) notifies (name of trader) for information and implementation./.

Form KM-6 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

To: ........................................................................................................

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

For replying to Official Dispatch No......... date ... month ... 200 ... of (name of trader) registering for sales promotion, the Department of Trade Promotion (Department of Commerce) certifies (name of trader) registered for sales promotion with the following the contents:

□ Name of the promotional program: .................................................... ....;

□ Goods, services promoted:............................................ ………………....;

□ Goods, services used for promotion: ............................................ …......;

□ Promotion period:……………………………………………………………...;

□ Geographical area (range) of promotion:…………………………………...;

□ Customers of the promotional program (subject to sales promotion):…...;

□ Contents, rules of the promotional program attached.

(Name of trader) is responsible for:                           

Publicizing contents, rules, time of sales promotion and complying with commitment with customers.

- To comply with the provisions of the Promotion of the Commercial Law, Decree No.37/2006/ND-CP dated April 04, 2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT-BTM-BTC dated July 6, 2007 guiding the implementation of some Articles on promotions and fairs and trade exhibitions.

- Within 45 (forty five) days after expiration of giving award of the promotional program, (name of trader) is responsible for reporting the results of sales promotion to the Trade Promotion Department (Department of Commerce)./.

Form KM-7 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

To:......................................................................................................

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

At the dossier attached to Official Dispatch No. ........ date ... month ... year ... of (name of trader) registering for the promotional program (name of the promotional program, time, location of promotions);

The Department of Trade Promotion (Department of Commerce) does not to certify the registration for the promotional program (name of the promotional program) of (name of trader) with the reasons:

□ Promotional program violates the provisions in Article 100 of the Commercial Law, Article 4 of Decree No.37/2006/ND-CP.

□ Other reasons: ............................................. ..

Department of Trade Promotion (Department of Commerce) notifies trader (name of trader) for the implementation./.

Form KM-8 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

NOTIFICATION/REGISTRATION FOR AMENDMENT, SUPPLEMENTATION OF CONTENTS OF THE PROMOTIONAL PROGRAM

To: ......................................

Name of trader:…………………………………………………………..

Address of head office:……………………………………..……………

Tel: ………………Fax:………………...Email:………………………….

Contact person: ...........................................  Tel: .............................

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

Pursuant to Official Dispatch No......... date ... month ... year ... of the Department of Trade Promotion (Department of Commerce) certifies the implementation of the promotional program (name of the promotional program, time, location of promotions);

(Name of trader) registers the adjustment of some contents of the promotional program as follows:

□ Promotion period:............................................ ................................

□ Geographical area (range) of promotion: ...................................... ..... .

□ Prize structure:............................................ ....................................

□ Other content of adjustments:.......................................... .....................

Reason for adjustment: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ...

All other contents of this promotional program are remained.

(Name of trader) commits to:

Publicize the adjustment of rules of this promotional program at the place of sale and on at least one mass media for customers to know.

Notify the adjustment of rules of the promotional program to the Department of Commerce under the provinces or cities where the sales promotions are made (in case the Ministry of Commerce certifies the adjustment of rules of the promotional program).

Ensure the full benefits of customers participated in the promotional program.

Implement the promotional program in accordance with the provisions of current law.

- (Other commitments ......)

Form KM-9 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

To:..........................................

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

Pursuant to Official Dispatch No..... date ... month ... year ... of Department of Trade Promotion (Department of Commerce) certifies (name of trader) the implementation of the promotional program (name of the promotional program, time, location of promotion);

Department of Trade Promotion (Department of Commerce) requests (name of trader) to terminate the implementation of the promotional program (name of the promotional program, time, and location of promotion) for the reasons:

□ Committing violation of the provisions of Article 100 of the Commercial Law, Article 4 of Decree No.37/2006/ND-CP.

□ Other reason …………..

(Name of trader) is responsible for:

Publicizing the termination of the promotional program (name of the program) at the place of sale and on at least one mass media for customers to know.

Ensuring the full benefits of customers participated in the promotional program.

Settling complaints relating to promotions./.

Form KM-10 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

REPORT

The prize without winner of the promotional program with nature of chance

To: ..................................

Name of trader: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Address of head office: ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... ........

Phone: ... ... ... ... ... ... Fax: ... ... ... ... ... ... ... Email: ... ... ... ... ... ... ... ... ... ... .....

Tax Code:…………………………………………………………………………………

Account Number: ... ... ... ... ... ... ... ... ... ... ... .. at the Bank: ... ... ... ... ... ... ... ... .

Contact person: .............................................. .. Phone: .....................................

- Pursuant to Official Dispatch No..... date ... month ... year ... of Department of Trade Promotion (Department of Commerce) certifies the registration for the promotional program (name of the promotional program, time, and location of promotion);

- After ending the promotional program, (name of trader) reports in details on the prize without winners of the promotional program (program’s name) as follows:

1. Total prize value according to the rules announced: ... .... ... ... ... ... ... ... ... ...

2. Total value of prizes awarded: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

3. Total prize value which has no winners (outstanding awards): ....

4. (Name of trader) attached to:

- Minutes of determining the winning results (if any).

- List of winners.

- Minutes of awarding or documentation to prove the prizes awarded.

5. Recommendations and proposals of enterprise: ...

6. (Name's trader) commits to bear full responsibility for the accuracy of the above information./.

Form KM-11 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

DECISION

On the collection for remitting state budget 50% of value of the prize without winners of the promotional program

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

Pursuant to Official Dispatch No..... date ... month ... year ... of Department of Trade Promotion (Department of Commerce) certifies (name of trader) to implement the promotional program (name of the promotional program);

Pursuant to the Report No..... date .... month .... year .... of (name of trader) on the award without winners of the promotional program (program’s name, promotion period),

DECISION:

Article 1. To collect for remitting state budget 50% of value announced of the prize without winners of the promotional program (program’s name) implemented by (name of trader) from the date ... month ... year ... to date ... month ... year ....

Article 2. (Name of trader) is responsible for paying state budget

- Amount: .............................................. ............. ... ... ... ... .. VND (in words)

- Into Chapter 60, type 10, Section 062, Sub-section 99 at the State Treasury (province or city ... of the agency making decision of collection)

- Content: paying the state budget 50% of the value announced of the prize without winners of the promotional program (program’s name) according to Decision (No., date, month and year) of (the agency making Decision).

Article 3. (Name of trader) is responsible for implementing this decision before date.... month.... year.....

Form KM-12 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

REPORT

OF THE RESULT OF SALES PROMOTION

To: ..................................

Pursuant to Official Dispatch No..... date ... month ... year ... of Department of Trade Promotion (Department of Commerce) certifies the registration for the promotional program (name of the promotional program, time, and location of promotion);

- Pursuant to Decision No. ... date... month ... year ... of…on collection for remitting state budget 50% of value of the prize without winners of the promotional program (if any).

(Name of trader) reports the results of the implementation as follows:

- Total value of prizes announced: ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ...

- Total value of prizes awarded: ... ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... .. ..

- The value of the awards without the winners: ... ... ... ... ... ... .. ... .....................

- To implement the Decision on collection for remitting 50% of value of the prize without winners of the promotional program with the amount of: ... ... .. VND (attached to a copy of receipt remitted into the State Treasury)

- The proposals, recommendations of the enterprises:…………………………….

Contact person:…………

Tel: …………

Form HCTL-1 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

REGISTRATION FOR ORGANIZING FAIRS, TRADE EXHIBITIONS

To: ...........................

Name of trader: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Address of head office: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Tel: .......................... Fax :................... ......... Email: ... ... ... ... ... ... ...

Tax Code: .............................................. .................................................. ....

Account Number: ... ... ... ... ... ... ... ...at the Bank ... ... ... ... ... ... ... ... ... ...

Contact person: ... ... ... ... ... ... ... ... .... Telephone: ... ... ... .... ... ... ... ... ... ...

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions, (trader's name) registers to organize fair, trade exhibition ..... ... in province/city (in foreign countries) as follows:

1. The first fairs/trade exhibitions:

- Vietnamese name (full name/abbreviated): ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- English name (full name/abbreviated): ... ... ... ... ... ... ... ... ... ... ... ... ... ....

- The unit in charge of organizing (full name/abbreviated): ... ... ... ... ... ... ... ..

- Time: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

- Location: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... ...

- Theme (if any): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- Features: Specialized/General: ... ... ... ... ... ... ... ... ... ... ... ... ... ....

- Branches expected to participate: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- The number of booths or the number of converted booths (number of enterprises) to be expected to hold……………………………………………………

- The domestic and abroad agencies, units of coordination: ... ... ... ... ... ... ... ... .

2. The …fairs/trade exhibitions:

- Vietnamese name (full name/abbreviated): ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- English name (full name/abbreviated): ... ... ... ... ... ... ... ... ... ... ... ... ... ....

- The agency, unit in charge of organizing (full name/abbreviated): ... ... ... ... ... ...

- Time: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

- Location: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... ...

- Theme (if any): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- Features: Specialized/General: ... ... ... ... ... ... ... ... ... ... ... ... ... ....

- Branches expected to participate: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- The number of booths or The number of converted booths (number of enterprises) to be expected to hold……………………………………………………

- The domestic and abroad agencies, units of coordination: ... ... ... ... ... ... ... ... ..

(Name's trader) commits to comply with and takes full responsibility for the contents registered above under the provisions of current law.

Within 30 days after the end of the fairs, trade exhibitions, (trader' name) will report the results of the implementation to the Department.

Attached documents:

□ A copy of business registration certificate (or equivalent) with the function of trading fairs, trade exhibitions;

□ Copies of evidence to prove quality, the honorable name of the goods or services at the fairs, trade exhibitions matching with the name, the theme of the fair, trade exhibition registered (if any);

□ Copies of evidence to prove prestige, honorable name of traders, organizations or individuals participating in fairs, trade exhibitions matching with the name, the theme of the fair, trade exhibition registered (if any).

□ Report of result of the fair, trade exhibition registered and implemented (if any)

Form HCTL-2 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries of Commerce – Finance)

To:..........................................

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

After reviewing the dossier of registration (change, supplementation of registration contents) for organizing fairs and trade exhibitions in the Official Dispatch No.... date ....month.... year .... of (name of trader), the Department of Trade Promotion (Department of Commerce) requests (name of trader) to supplement the following documents:

□ A copy of business registration certificate (or equivalent);

□ A report of result of organizing fair and trade exhibition;

□ Copies of evidence to prove quality, the honorable name of the goods or services at the fairs, trade exhibitions matching with the name, the theme of the fair, trade exhibition registered (if any);

□ Copies of evidence to prove prestige, honorable name of traders, organizations or individuals participating in fairs, trade exhibitions matching with the name, the theme of the fair, trade exhibition registered (if any).

□ Other contents:............................................ ........................................................

The time limit for solving dossier is from the date the state management agency receives complete and valid dossier.

Department of Trade Promotion (Department of Commerce) notifies for (name of trader) to implement./.

Form HCTL-3 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

To:                 ...........................

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

In replying the Official Dispatch No........ date .... month.... year ... of (name of trader) on the registration (change, supplementation of registration contents) for organizing fairs and trade exhibitions (in foreign country), the Department of Trade Promotion (Department of Commerce) verifies (name of trader) registered (change, supplementation of registration contents) for organizing fairs and trade exhibitions (in foreign country) with the following contents:

Name of fairs/trade exhibitions: ......................................... .....................

- The agency, unit in charge of organizing: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .

- Time for organizing: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- Location of organizing: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- Theme (if any): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

- Branches expected to participate: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- Number of the booths (enterprises) expected: ... ... ... ... ... ... ... ... ... ... ....

- The domestic and abroad agencies, units of coordination: ... ... ... ... ... ... ... ... ..

(Name of trader) is responsible for:

- Complying with the provisions of the Commercial Law, Decree No.37/2006/ND-CP dated April 04, 2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT-BTM-BTC dated July 6, 2007 guiding the implementation of some Articles on promotions and fairs and trade exhibitions and concerned provisions (of the home country) (in case of holding fairs and trade exhibitions in foreign country).

- Within 30 (thirty) days after the end of fair, trade exhibition, traders must report of results to the Department for Trade Promotion (Department of Commerce) on the implementation of the contents registered and the specific recommendations./.

Form HCTL-4 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

To:..........................................

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

Considering the dossier attached to Official Dispatch No. ..... date... month .... year .... of (name of trader) registered (change/supplementation of registration contents) for organizing fair and trade exhibition;

The Department of Trade Promotion (Department of Commerce) does not verify the registration (change, supplementation of registration contents) for organizing fairs and trade exhibitions as follows:

1. .................................................. ..........

2. .................................................. ..........

for the reason: .............................................. ....

Department of Trade Promotion (Department of Commerce) notifies for (name of trader) to implement./.

Form HCTL-5 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

CHANGE, SUPPLEMENTATION OF REGISTRATION CONTENTS FOR ORGANIZING FAIRS AND TRADE EXHIBITIONS

To: ...........................

Name of trader: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

Address of head office: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....

- Phone: ..................... Fax :...................... Email: ... ... ... ... ... ... ..

Contact person: ... ... ... ... ... ... ... ... ... ... ... Telephone: ... ... ... ... ... ... ..

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

Pursuant to Official Dispatch No..... date ... month ... year ... of Department of Trade Promotion (Department of Commerce) certifies the registration for organizing fair and trade exhibition year…in…, (name of trader) requests for changing, supplementing a number of contents registered for organizing fair and trade exhibition as follows:

□ Name (theme) of the fair and trade exhibition:

□ The agency, unit in charge of organizing:

□ Time of organizing:

□ Location of organizing:

□ Number of the booths (enterprises) of Vietnam expected to participate in:

□ Branches expected to participate in:

(Name of trader) commits to comply with and takes full responsibility for the organization of fairs/trade exhibition above under the provisions of current law.

Within 30 days after the end of the fairs, trade exhibitions, (trader' name) will report the results of the implementation to the Department.

Form HCTL-6 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

REPORT OF THE RESULT OF THE ORGANIZATION OF THE FAIRS, TRADE EXHIBITIONS

To: ......................................

Name of trader: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Address of head office: ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... .......

Phone: ... ... ... ... ... ... Fax: ... ... ... ... ... ... ... Email: ... ... ... ... ... ... ... ... ... ... ... ..

Tax Code:…………………………………………………………………………………

Account Number: ... ... ... ... ... ... ... ... ... ... ... .. at the Bank: ... ... ... ... ... ... ... ... .

Contact person: .............................................. .. Phone: ....................................

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT- BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

Pursuant to the Official Dispatch No............ date ... month ... year ... of Department of Trade Promotion (Department of Commerce) certified the registration for organizing fairs and trade exhibitions;

After finishing, (name of trader) reports as follows:

1. Results of organizing fairs, trade exhibitions specifically

2. Proposals, recomendations to Department of Trade Promotion (Department of Commerce):......... 

Form HCTL-7 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

REGISTRATION FOR ORGANIZATION OF DISPLAY OF FAKE GOODS, GOODS INFRINGING INTELLECTUL PROPERTY RIGHTS TO COMPARE WITH GENUINE GOODS

To: Department of Commerce.......

Name of trader: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

Address of head office: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- Telephone: ......................... Fax :........................ Email: ... ... ... ... ... ... ...

Contact person: ... ... ... ... ... ... ... ... ... ... ... Telephone: ... ... ... ... ... ... ....

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT-BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions, (trader's name) registers for organization of display of fake goods, goods infringing intellectual property rights to compare with genuine goods as follows:

Name, time and location of the fair, trade exhibition where fake goods, goods that infringe intellectual property rights will be displayed, name of the unit in charge of organizing: ... ... ... ... ... ....

Name of the booth displaying fake goods, goods that infringe intellectual property rights... ..

Type of goods on display (details): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

The quantity of goods on display (details for each type of goods): ... ... ... ....
(Name of trader) attached:

□ A copy of business registration certificate (or equivalent).

□ A copy of the certificate of quality of goods (if any).

□ A written certification of the competent State management agency under the law provisions to certify fake goods, goods that infringe intellectual property rights.

(Name of trader) commits to comply with and take full responsibility under the provisions of law.

Form HCTL-8 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

To:..........................................

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT-BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

After reviewing registration dossier for displaying fake goods, goods infringing intellectual property rights for comparison with genuine goods at fair, trade exhibition in the Official Dispatch No. ... date.... month.... year .... of (name of trader), the Department of Trade Promotion (Department of Commerce) requires (name of trader) to supplement the following documents:

□ A copy of business registration certificate (or equivalent);

□ A copy of the certificate or a written announcement of goods quality issued by the competent management agency (if any);

□ A written certification of the competent State management agency under the law provisions certifying the fake goods, goods infringing intellectual property rights;

□ Other contents:............................................ ....

The time limit for solving dossier is from the time the state management agency receives complete and valid dossier.

Department of Trade Promotion (Department of Commerce) notifies for (name of enterprise) to implement./.

Form HCTL-9 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

To: …………………............

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT-BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

In replying the Official Dispatch No........... date ... month ... year ... of (name of trader) on the organization to display fake goods, goods infringing intellectual property rights for comparison with genuine goods at fair and trade exhibition (name of fair and trade exhibition), Department of Commerce approves (name of trader) to hold a display of fake goods, goods infringing intellectual property rights to compare with genuine goods, with the following contents:

- Name of the booth displaying fake goods, goods infringing intellectual property rights: ...

- Type of goods on display (details): ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

- The quantity of goods on display (details for each type of goods): ... ... ... ...

- Time of displaying: ............................................ .......................................

(Name of trader) is responsible for:

- Listing clear information of the products on fake goods, goods infringing intellectual property rights as displayed.

- Complying with the provisions of the Commercial Law, Decree No.37/2006/ND-CP dated April 04, 2006 of the Government detailing the Commercial Law regarding trade promotion activities and Circular No.07/2007/TTLT-BTM-BTC of July 06, 2007 guiding the implementation of some Articles on promotion and fairs, trade exhibitions and other concerned provisions./.

Form HCTL-10 (Appendix issued together with Joint Circular No.07/2007/ND-CP dated month 06, 2007 of Ministries Of Commerce – Finance)

To: …………………............

Pursuant to the Commercial Law, Decree No.37/2006/ND-CP dated 04/04/2006 of the Government detailing the Commercial Law regarding trade promotion activities and Joint Circular No.07/2007/TTLT-BTM-BTC dated July 06, 2007 guiding the implementation of some Articles on promotion and fairs and trade exhibitions;

In replying the Official Dispatch No........... date ... month ... year ... of (name of trader) on the organization to display fake goods, goods infringing intellectual property rights for comparison with genuine goods at fair and trade exhibition (name of fair and trade exhibition, time of taking place), Department of Commerce disapproves (name of trader) to hold a display of fake goods, goods infringing intellectual property rights to compare with genuine goods at fair and trade exhibition (name of fair and trade exhibition, time of taking place)

For the reason:.........................................................................................................

Department of Commerce notifies for (name of trader) to implement./.