Laws of Vietnam

CIRCULAR No.5-TM/XNK ON THE 25TH OF FEBRUARY 1995 GUIDING THE IMPLEMENTATION OF THE REGULATION ON COMMERCIAL FAIRS AND EXHIBITIONS

PART I

COMPETENCE IN ALLOWING THE HOLDING OF COMMERCIAL FAIRS AND EXHIBITIONS

1. The Ministry of Trade allows the holding of the following commercial fairs and exhibitions:

1.1. The commercial fairs and exhibitions organized by Vietnamese enterprises in the country and abroad, comprising:

a/ National commercial fairs and exhibitions.

b/ Commercial fairs and exhibitions of a regional or inter-branch character.

c/ Fairs and exhibitions with the participation of foreign enterprises or international organizations.

d/ Commercial fairs and exhibitions organized abroad by Vietnamese enterprises.

1.2. Commercial fairs and exhibitions held by foreign enterprises or international organizations in Vietnam.

The commercial fairs and exhibitions stipulated in Points 1.1c, 1.1d, and 1.2 are called international fairs and exhibitions, for short.

2. The Ministry of Trade delegates to the Trade Service in the locality where the commercial fair or exhibition is held, to organize commercial fairs and exhibitions of a local character (province and city directly under the Central Government, hereafter called province for short), without the participation of foreign enterprises or international organizations.

3. Special-purpose fairs and exhibitions (without participation of foreign enterprises or international organizations) shall be authorized by the Ministry or the People's Committee of the province which decides the holding.

4. Procedure of approving the plan for organizing commercial fairs and exhibitions:

In the 3rd quarter each year, the enterprise engaged in service business for commercial fairs and exhibitions shall send the overall plan to the Ministry of Trade (with regard to the commercial fairs and exhibitions approved by the Ministry of Trade), or to the Trade Service (with regard to the commercial fairs and exhibitions approved by the Trade Service). The Ministry of Trade or the Trade Service shall approve the plan in the 4th quarter.

5. In case the approval of an extra-plan fair or exhibition is required, the enterprise engaged in service business for commercial fairs and exhibitions shall send the dossier to the Ministry of Trade to propose supplementary approval. The dossier shall comprise:

- An application for holding the commercial fair or exhibition.

- The cooperation contract (with a foreign enterprise or an international organization) in service business for commercial fairs and exhibitions (if any).

- The document of the People's Committee in the concerned province about the site of the fair or exhibition.

Within 15 days after receipt of the duly made dossier, the Ministry of Trade shall send a written reply to the enterprise.

PART II

SERVICE BUSINESS FOR COMMERCIAL FAIRS AND EXHIBITIONS

1. The service business for commercial fairs and exhibitions is a business aimed at organizing commercial fairs and exhibitions. It consists in conducting transactions, negotiations and signing of commercial fair and exhibition service contracts with a customer in the country and/or a foreign customer; organizing the implementation of the signed contract (advertisements, invitations, designing, renting of pavilions, filling procedures for the goods displayed, display, organizing specialized seminars at the fair or exhibition, providing interpreters... and other services related to the fair or exhibition).

2. The enterprise engaged in service business for commercial fairs and exhibitions stipulated in Point 1,Part I, must have a business permit issued by the Ministry of Trade.

Conditions for the issue of the permit :

a/ The enterprise is founded in conformity with Vietnamese law, and must have the objective or occupations conforming to the activities of commercial fairs and exhibitions (i.e. their business object is the organization of commercial fairs and exhibitions).

b/ They have the necessary material and technical bases to organize a commercial fair or exhibition.

c/ They have a organizational apparatus and professional personnel which can meet the demand of the service business for commercial fairs and exhibitions.

3. The enterprises which meet the conditions stipulated in Point 2, Part II, and have the need to conduct service business for commercial fairs and exhibitions, shall send a dossier to the Ministry of Trade. The dossier is composed of:

- An application.

- The founding permit (notorized copy).

- Certificate by the controlling agency (ministerial-level or provincial People's Committee) that they have met the conditions stipulated in Items b and c, Point 2, Part II.

4. The enterprises, which have not gathered the conditions stated in Point 2, Part II, may be allowed by the Ministry of Trade (once each time) to hold a fair or exhibition of a specific professional character, if they have the approval of the controlling agency at the ministerial level or the provincial People's Committee. In this case, the enterprise shall have to send to the Ministry of Trade:

- An application.

- The business permit (notorized copy).

5. Within 30 days after receipt of a duly made dossier, the Ministry of Trade shall give a written reply to the enterprise.

6. A foreign enterprise or an international organization, which wants to organize a commercial fair or exhibition in Vietnam, must sign a contract for cooperation in service business for commercial fairs and exhibitions with the Vietnamese enterprise to which the Ministry of Trade has issued the business permit to this effect.

7. All organizations and individuals in the country and abroad, who want to participate in a commercial fair or exhibition, shall have to sign a contract with the enterprise which is granted the business permit in this regard, in order to rent pavilions, stands and floor space, store houses, and fill the goods procedures...

PART III

REGULATIONS FOR GOODS TAKING PART IN COMMERCIAL FAIRS OR EXHIBITIONS

1. Goods imported from abroad:

- They must not be banned from import.

- They must not be counterfeit goods.

- With regard to the quantity and quality:

+ For exhibition: there must be just enough for display of a representative character; the quality must be high, the machinery and equipment must be modern, and the technology must be advanced.

+ For fairs : the Ministry of Trade shall approve the list of items and their quantity.

- The goods for use by foreigners during the fair or exhibition shall comply with regulations of the General Customs Department.

- The goods to be used as gifts, advertizement, and samples or souvenirs, shall comply with the regulations of the Ministry of Trade and the General Customs Department.

- After the conclusion of the fair or exhibition, all the goods on display and goods for personal use, which are not used up, must be re-exported within not more than 30 days after the conclusion of the fair or exhibition (except the goods stipulated in Point 1, Part IV). Past this time limit, if the goods are not re-exported without extension permit from the Ministry of Trade, the Customs Service shall serve a writ of violation, and shall handle these goods as provided for by the Customs Ordinance.

2. Goods produced in the country and displayed at the commercial fair or exhibition in Vietnam:

- They must not be goods banned from circulation.

- They must not be counterfeit goods.

- They must have clear addresses of manufacture, measurement norms, and trade marks.

3. Goods taken abroad to take part in fairs and exhibitions:

The enterprises taking part in or organizing commercial fairs or exhibitions abroad, are allowed to export their goods under these conditions:

- They are not allowed to export goods banned from export.

- They must discharge their tax duty as prescribed by law. In case the goods are allowed to be re-imported into Vietnam after the conclusion of the fair or exhibition, they are exempt from import tax, and shall recover the export tax they have paid.

- The goods used as gifts, advertisements, samples or souvenirs at the commercial fair or exhibition, shall comply with the regulations of the Ministry of Trade.

4. Procedure for export and import of goods participating in commercial fairs or exhibitions:

4.1. Basing themselves on the plan for organizing the commercial fair or exhibition already approved in Points 4 and 5, Part I, the enterprises, which import goods for service business in commercial fairs and exhibitions, shall take the papers on the goods (bills of lading, packing list, invoice) to the Customs Service to fill the procedures according to current regulations. The goods, imported to take part in fairs and exhibitions in Vietnam, shall be subject to the supervision and control of the Customs Service, from the moment they arrive at the first border gate to the moment when they are re-exported from Vietnam (last export gate).

4.2. Basing themselves on the permit of the Ministry of Trade, the enterprises participating in or organizing commercial fairs or exhibitions abroad, shall fill the customs procedures according to the current regulations for export.

PART IV

REGULATION ON THE SALES OF GOODS DURING AND AFTER THE COMMERCIAL FAIRS OR EXHIBITION

1. The goods which are temporarily imported into Vietnam to take part in the fair or exhibition, and are not re-exported but sold on the Vietnamese market, shall comply with the following regulations:

1.1. The buying or selling of goods belonging to the categories managed by quotas or directional plans of the State, shall have to be approved in writing by the Ministry of Trade.

1.2. The buying and selling of goods belonging to the categories managed by the specialized agencies (according to the prescribed list), shall have to be approved in writing by the specialized agency.

1.3. The transactions, negotiations, signing and implementation of the contracts as well as the discharge of the tax obligations, shall comply with the current regulations.

2. The selling of goods at the commercial fair or exhibition in a foreign country shall have to comply with the law of that country.

PART V

OTHER REGULATIONS

1. Reporting regime:

1.1. After each fair or exhibition, the enterprise organizing the fair or exhibition must draw up a reviewing report to evaluate the results, and send it to the agency which has authorized the holding of the fair or exhibition, and the concerned agencies.

1.2. Each year, on the 31st of December at the latest, the enterprise engaged in service business for fairs and exhibitions must send a report on the situation and result of the operations in the year, to the agency which has authorized the holding of commercial fairs and exhibitions and the concerned agencies.

2. Handling of violations:

The acts of violation of the Regulation about commercial fairs and exhibitions issued together with Decision No.390-TTg and the provisions of this Circular, shall be dealt with according to the current law of Vietnam.

For the Minister of Trade

Vice Minister

TA CA