In order for an enterprise to grow, trade promotion is one of the methods that enterprises often use, especially the form of promotion. Minh Khue Law Firm guides clients on conditions, processes and procedures for obtaining a Promotion registration license for clients to refer.
Registration for a Promotion license is a procedure that is not too difficult but relatively complicated, requiring the applicant to find out in detail, or at least knowledgeable or experienced on the implementation of this procedure. Because, if the applicant performs the procedure without understanding, does not know the procedures, the process will take a lot of time, effort, and even affect the development of the enterprise implementing the promotion program.
Before understanding what a Promotion license is, it is necessary to understand some of the following concepts:
Promotions under the provisions of the current law are understood as one of the ways of trade promotion under the provisions of the Commercial Law, whereby traders provide their customers may be one or several certain benefits to promote the development of the purchase and sale of goods, attract customers to use their services.
Therefore, the registration of promotion can be understood as a process that the trader submits the dossier in accordance with the orders and procedures of the law to a competent state agency to apply for permission to carry out the promotion programs of traders. After the competent state agency receives a valid dossier, examines and concludes that the trader is eligible to carry out the promotion program, the competent agency will issue a registration license to that trader.
Thus, clients can understand the Promotion Registration License is a document issued by a competent state agency to traders, from which traders can carry out promotional activities, implement promotion programs according to regulations of the Law.
Article 3, Section I, Chapter II of Decree 81/2018/ND-CP guiding the Commercial Law on trade promotion activities, stipulates a number of principles when registering for a Promotion registration license, traders If they wish to register for a promotion program, they must comply with these principles. If they do not meet the principles of promotion registration, traders who register for the promotion will not be granted a license. Therefore, clients wishing to apply for a promotional registration license should note some specific principles as follows:
- Ensure the rights and benefits for other individuals, organizations and traders, especially consumers;
- Carry out the promotion in a public, honest, transparent manner and in accordance with provisions of law;
- Ensure the winners receive the prize in the most favorable way;
- There are methods and plans to resolve complaints during the course of the promotion;
- Ensure the quality of services/goods used for promotion;
- Ensure not to directly compare products/goods/services with any product/goods/service of other individuals, traders and organizations;
- Do not give an unreasonable condition affecting the legitimate rights and interests of other traders /individuals/organizations by forcing customers to enjoy the promotion program to exchange and refuse or even abandon the use of products/goods/services of other individuals, organizations or traders;
- Do not use lottery results as a basis for determining the winning of customers in the promotion program.
Pursuant to the provisions of the current Commercial Law and Decree 81/2018/ND-CP guiding the Commercial Law on trade promotion activities, the following cases must be registered for promotion:
- Give samples / products or provide a sample service for customers to try without paying;
- Offering products / goods / services to customers without collecting money;
- Selling goods / providing services to customers at prices lower than the previous price in a certain period of time;
- Selling goods/products, or providing services together with goods / product purchase vouchers or service use bills of traders organizing sales promotion programs;
- Selling goods, products / services with the contest ticket to customers with the aim to select the announced award winner;
- Selling goods / selling products / providing services to participate in a number of lucky programs of merchants organizing promotions;
- Promotions which are organized for some regular customers of traders;
- Traders organize cultural, artistic and entertainment programs, events and programs for customers to participate in;
- Use the internet or other means, electronic devices and other information technology applications to organize promotions.
Clients should note that although the above cases are required to notify promotional activities to competent state agencies, however, if the above promotion programs fall into one of the following cases then traders do not need to carry out procedures for notifying/applying for a promotional registration license at a competent state agency:
- Promotions that traders have made with a total value of gifts and prizes in promotions of less than 100 million VND;
- Traders only make sales and carry out promotions through online promotion websites and via e-commerce trading paltform as prescribed.
In order to be able to apply successfully, fast and effectively for a promotion license, the merchant intending to register for the promotion must meet the following conditions:
- Compliance with the provisions of law;
- Fully meet the principles when applying for a registration license;
- Provide full content and information about the promotion program intended to be implemented in a clear, specific and accurate manner;
- Properly comply with procedures and procedures for granting promotion registration license according to regulations;
- Filing dossiers and state fees (if any) in each specific case in accordance with the provisions of law.
According to the provisions of the current law, the application for promotion registration includes the following basic documents and documents:
- A Notice of sale promotion or an Application for registration of sale promotion according to the form stipulated by provisions of law and applied in a uniform form throughout the country;
- Declaration of promotion program rules according to the form;
- Copies of documents and papers proving the quality of products / goods used for sale promotion (may be notarized or authenticated);
- Documents, detailed description or proof of winning cases;
- Information and content of the promotion program;
- Some other documents as prescribed by law in some specific promotional forms.
According to the current law, there are two state agencies that are competent to deal with promotional registration or announcing the organization of a promotion program, which are: Department of Industry and Trade at the provincial / municipal level and Ministry of Industry and Trade.
If the promotion program is carried out in 02 or more provinces, the application must be submitted to the Ministry of Industry and Trade. If the promotion program only is carried out in a province, the merchant just needs to apply at the Department of Industry and Trade of that province.
To apply at a competent state agency, a trader wishing to apply for a promotional license may choose one of the following filing methods:
- Submit by post;
- Submit directly;
- Through the published email box of the Department of Industry and Trade;
- Use the online public system to register promotions;
7. Processes and procedures for obtaining a registration license
Step 1: Select and anticipate the promotion content to be suitable with the goods/services/products.
Step 2: Prepare and complete the application file for registration for promotion registration as prescribed.
Step 3: Select and submit dossiers at competent state agencies according to the most convenient and suitable filing method for traders implementing the promotion program.
Step 4: Waiting for competent state agencies to examine and process the dossiers, amend and supplement promotional registration dossiers at the request of experts (if any)
Step 5: Receive successful promotional registration results from the competent authority
Step 6: Publicly announce the promotion program as prescribed
Step 7: Report the results of the promotion program to competent state agencies for a number of promotional forms such as promotional programs.
In accordance with regulations, before any merchant implementing a promotion program, he/she must notify or register such promotional activities at a competent state agency as prescribed, except for some cases as above analysis. Traders must notify at least 03 working days before implementing the promotion program according to the provisions of law.
Within 5 working days from the date of the competent state authority received the dossier of application for a promotion registration certificate, the competent state agency shall issue a decision to notify the acceptance or disapproval of the promotion registration of traders. In case of refusal, the competent agency must reply in writing and state the reason for the trader to know.
Thus, the total time from the submission of the application to the resolution of the application for advertising registration license is from 05 to 08 working days. In particular, clients who want to save time for promotion registration need to prepare the content, appropriate promotional registration information, promotional registration documents in accordance with the law and of course need to choose the fastest application method, we recommend that clients should apply directly to the competent state authority.
Coming to Minh Khue Law Firm, clients will be able to use a reputable, professional, and high-quality service. With more than 10 years operating in the field of business, registering to apply for a promotion license for clients nationwide, we always bring satisfaction to all clients who used our service. With a team of high-skilled lawyers, legal experts in filed of enterprises, with many years of experience in the field of promotion registration, we hope to always be the first choice, bringing peace of mind and absolute trust to clients.
Legal issues that Minh Khue Law Firm offers free online consultation via call center 1900.6162
- Advising and guiding clients to choose the most suitable form of promotion, bringing the most profit for the sale of products / goods or providing services;
- Consulting and orienting appropriate forms of promotion for traders who intend to register for promotion so that clients can choose appropriate forms;
- Guiding clients to prepare their own application documents for promotional registration as prescribed;
- Consultation for clients to choose the filing method and where to apply for a promotional registration license in accordance with the provisions of law;
- Advise and instruct clients about procedures for applying for a promotional registration license in accordance with the law in order to save time and cost;
- Advising clients on how to report the results of promotion programs according to regulations;
- Consult and answer all problems during the registration process and other relevant legal issues as required by clients.
The tasks that Minh Khue Law does for clients when using our promotion registration license service:
- Proposing a number of promotional forms suitable to the requirements, desires and purposes of customers;
- Directly drafting a dossier of application for promotion registration license for clients according to regulations;
- On behalf of the client, apply for a license for a promotional registration directly at a competent state agency;
- Represent the client to receives the results and sends the results of the successful promotion registration to the customer;
- Guiding clients to perform jobs after registering successful promotions to implement promotion programs in accordance with regulations;
- Prepare a report on the results of the promotion program to submit to the competent state agency after the end of the promotion program.
Clients wishing to use the service or have any problems related to conditions, processes, procedures for applying for a promotional registration license, please contact Minh Khue Law Company Limited through the following ways:
- Free online legal advice center, we support customers all legal issues related to conditions, records, procedures for applying for a promotional registration license: 1900.6162
- Go directly to our head office for advice and quote directly at: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.
Sincerely thank you!
Enterprise Department - Minh Khue Law Company