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MINISTRY Of TRADE SOCIALIST REPUBLIC Of VIETNAM
No. 05/TM - XNK Independence-freedom-Happiness
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Hanoi, february 25th, 1995.
- Based on Decision No. 390/TTG dated August 1st, 1994 of the Prime Minister of the Government promulgating the Regulations on Trade fairs and Exhibitions.
The Minister of Trade guides to implement the Regulations on Trade fairs and Exhibitions as follows :
Part I :
Authorization on granting permission to organise trade fairs, exhibitions .
1. The Ministry of Trade permits to organise the following trade fairs, exhibitions :
1.1 Trade fairs, exhibitions organised by Vietnamese businesses in Vietnam and abroad, including :
a. National trade fairs, exhibitions
b. Regional or interbranch by nature trade fairs and exhibitions
c. Trade fairs, exhibitions participated by foreign businesses or international organisations.
d. Trade fairs, exhibitions organised by Vietnamese businesses abroad.
1.2 Trade fairs, exhibitions organised by foreign businesses or international organisations in Vietnam.
Trade fairs and exhibitions regulated in points 1.1.c , 1.1d and 1.2 briefly referred to as international fairs, exhibitions.
2. Ministry of Trade empowers the Trade offices, in places where the trade fairs, exhibitions intended to organise, to grant permission to organise local trade fairs, exhibitions (provinces, cities under the central - briefly referred to as provinces) without the participation of foreign businesses and international organisations.
3. Should any specialised fairs, exhibitions (without the participation of foreign businesses or international organisations) intended to organise by any Ministry or any provincial People's Committee, permission of such Ministry or provincial People's Committee will be necessary.
4. The procedures for approving the organisation plan of fairs, exhibitions :
Annually, in the third quarter, businesses doing services concerning trade fairs, exhibitions send the general plan (according to form 3 attached herewith) to the Ministry of Trade (in case of trade fairs, exhibitions , which must be approved by the Mi nistry of Trade), or send to the Trade office (in case of trade fairs, exhibitions, which must be approved by the Trade office). The Ministry of Trade or Trade office will approve the plans in the fourth quarter.
5. Should any demand appreare out of the approved plan, businesses doing services concerning trade fairs, exhibitions must send dossier to the Ministry of Trade to propose the additional approval, including the following details :
- Application for organising trade fair, exhibition (according to the form 4 attached herewith).
- Co-operation contract (with foreign business or international organisation) conducting services concerning trade fairs, exhibitions ( if any).
- Documents of local provincial people's committee on trade fair, exhibition place.
In fifteen days since the reception of the proper dossier , Ministry of Trade will send responding ducuments to businesses.
Part II :
Businesses conducting services concerning trade fairs, exhibitions
1. Doing services concerning trade fairs, exhibitions is activities of businesses to organise trade fairs, exhibitions , including : conducting transactions, negotiations, service contract concluding concerning trade fairs, exhibitions with domestic c lients and /or foreign clients; to organise the implementation of signed contracts (advertising, customers attracting , design, stand leasing , procedures concerning goods, display, specialised workshops during the trade fair and/or exhibition , translat ion ...) and other activities concerning trade fairs, exhibitions .
2. Businesses doing services concerning trade fairs, exhibitions mentioned in point 1/Part I have to obtain permission for doing services concerning trade fairs, exhibitions issued by the Ministry of Trade.
Conditions for obtaining permission for doing trade fairs, exhibitions , include :
a. Established in accordance with the Laws of Vietnam, having purposes or professions appropriate with activities to organise trade fairs, exhibitions (trade fairs, exhibitions organising is the objective of business).
b. Having adequate materials and technical facilities to organise trade fairs, exhibitions .
c. Having an organisational apparatus and a contingent of specialised cadres, who can meet the undertaking of services concerning trade fairs and exhibitions.
3. Businesses obtaining all conditions mentioned in point 2/Part II and wishing to conduct services concerning trade fairs, exhibitions need to send to the Ministry of Trade the dossier, including :
- Application form (according to form 1 attached herewith)
- License of establishment (one notarised copy)
- Confirmation of the authorised organisations (ministerial rank or provincial People's Committee ) that the business has adequate conditions stated in paragraphs b,c point 2/Part II.
4. Business not having adequate conditions mentioned in point 2/Part II may be permitted by the Ministry of Trade (per each time) to organise seperately trade fairs , exhibitions if they are permitted by their authorised office of ministerial rank or provincial People's Committee already. In this case, the business has to send to the Ministry of Trade the following documents :
- Application form (according to form 2 attached herewith)
- Business license ( a notarised copy)
5. Within 30 days since the proper dossier is received , the Ministry of Trade will send responding documents to businesses.
6. foreign businesses or international organisations willing to organise trade fairs, exhibitions have to sign co-operation contract to do services concerning trade fairs, exhibitions with Vietnamese businesses, who are granted business licenses f or doing services concerning trade fairs, exhibitions by the Ministry of Trade.
7. Domestic and foreign organisations and individuals willing to participate trade fairs, exhibitions have to sign contracts with businesses obtaining business license for doing services concerning trade fairs, exhibitions to lease stands , di splay area, warehouse, to conduct goods procedures ...
Part III :
Regulations applied to goods displayed in trade fairs, exhibitions .
1. Goods brought into Vietnam from foreign countries :
- They are not prohibited to import.
- They are not counter feit.
- Quantity, quality :
+ Participating in exhibitions : enough to be displayed representatively; high quality , modern machinery, equipment , progressive technology.
+ Participating in fairs : The Ministry of Trade will approve the list of goods and their quantities :
- Goods for usage of foreigners in the process of trade fair, exhibition according to the regulations of the General Department of Customs.
- Goods used as presents, for advertisement, introduction and for souvenir sale according to the regulations of Ministry of finance and the General Department of Customs.
- When the fair, exhibition is over, all the displayed goods and goods for personal usage but not used must be re-exported not latter than the 30th day from the last day of the fair, exhibition (except goods mentioned in point 1/Part IV). If the r egulated deadline is over , the permission of the Ministry of Trade is not prolonged , and not all the stated goods are re-exported , customs offices will establish the protocol and settle the matters according to the Ordinance on Customs .
2. Goods produced, trading domestically on displayed in trade fairs, exhibitions in Vietnam :
- They are not prohibited to circulate in Vietnam market.
- They are not counter feit
- They having clear address of production, obtaining measurement standards and trade mark.
3. Goods exported abroad for participating in trade fairs, exhibitions :
Businesses participating or organising trade fairs, exhibitions abroad are permitted to export goods complying the following conditions :
- Do not to export prohibited goods to export.
- fulfill tax obligations according to the Laws of Vietnam. Goods re-imported to Vietnam when the fair, exhibition is over are exempted from import tax, and re-imbursed export tax.
4. Procedures to import - export goods for participating in trade fairs, exhibitions :
4.1 Based on the organisation plan approved by the Ministry of Trade or Trade office stated in point 4 and 5 /Part I, when importing goods, businesses conducting services concerning trade fairs, exhibitions have to take the documentation concerning goods ( Bill of lading, packing list, invoice) to the Customs office to conduct the procedure according to the current regulations of Customs. Imported goods for participating in trade fair, exhibition in Vietnam must be controled and supervised by Customs off ice from the first entry port to the moment of re-exportation from Vietnam (the final Vietnamese exit port).
4.2 Based on the permitting document of the Ministry of Trade , participating or organising businesses abroad conduct customs procedure at customs office according to the current export regulations.
Part IV :
Regulations for sale at and after trade fairs, exhibitions.
1. Temporary imported goods into Vietnam for participating in fair, exhibition , which are not re-exported but sold in Vietnam market , must comply with the following regulations :
1.1 Sale of goods managed by the State through quota system or orientation plan must be approved by the Ministry of Trade in writting.
1.2 Sale of goods managed by specialised agencies (according to the regulated list) must be approved by those specialised agencies in writting.
1.3 Transactions, negotiations, contract signing and implementing ... as well as implementing tax obligations must be conducted according to the current regulations.
2. Sale in trade fairs, exhibitions abroad must comply with the laws of the host countries.
Part V :
Other regulations.
1. Report system :
1.1 After each trade fair, exhibition , organising businesses must finalise, evaluate the results and send report to the agencies approving to organise those trade fairs, exhibitions and other relevant organisations.
1.2 Annually, not latter than December 31st , businesses doing services concerning trade fairs, exhibitions have to send report on annual activities to the agencies approving those trade fairs, exhibitions and other relevant organisations.
2. Infringement settlement :
Activities infringing regulations stated in the Regulations on trade fairs, exhibitions issued in attachment with Decision No. 390/TTG dated August 1st, 1994 and in this Circular are settled according to the current laws of Vietnam.
for The Ministry of Trade Vice - minister
TA CA (Signed)
form 1 : ....... The socialist republic of Vietnam No. ../TM - XNK Independence-freedom-Happiness htmlhtmlhtmlhtmlhtml Date....
To : .........
Application form for doing services concerning trade fairs, exhibitions
1. Name of the business : Transaction name : Trade name :
2. Address : Tel. : fax :
3. foreign currency account : No. At :
4. Vietnamese currency account : No. At :
5. Decision or licence of establishment : No. .... Dated.... Issued by.....
6. Business license : No....... Dated ..... Issued by ...
7. Scope of business :
8. Authorized organisation : (ministerial rank or provincial People's Committee) confirming that the business has adequate materials, technical facilities and specialised cadre to organise trade fairs and exhibitions . (Signed)
Director of the business (Signed)
form 2 : (used for businesses not obtaining the licence for conducting services concerning trade fairs, exhibitions )
...... The Socialist Republic of Vietnam No. .../TM _ XNK Independence-freedom-Happiness htmlhtml---- Dated....
To : ........
Application form for organising trade fair/exhibition
1.1. Name of the business : Transaction name : Trade name :
2. Address : Tel. : fax :
foreign currency account : No. At :
4. Vietnamese currency account : No. At :
5. Decision or licence of establishment : No. .... Dated.... Issued by.....
6. Business license : No....... Dated ..... Issued by ...
7. Scope of business :
8. Name of the trade fair/exhibition :
9. Topic :
10. Scale :
11. Place of organisation :
12. Time of organisation:
13. Name and address of foreign partner co-ordinating to organise (if any).....
14. Signed contract with the foreign partner on co-operation concerning trade fair, exhibition No..... dated ....
15. Authorized organisation : (ministerial rank or provincial People's Committee) confirming that the business has adequate materials, technical facilities and specialised cadre to organise trade fairs and exhibitions . (Signed)
Director of the business (Signed)
form 3 :
The Socialist Republic of Vietnam No. .../TM _ XNK Independence-freedom-Happiness htmlhtml-- Dated....
To : ........
Organisation plan of trade fairs, exhibitions for the year of ....
1. Name of the business : Transaction name : ..... Trade name : ...
2. Address :..... Tel. : ..... fax : .....
Name of trade Topic Scale of Place of Time of Co-ordinating fairs/exhibitions organis. organis. organis. partners
I. Trade fairs/exhibitions organised in Vietnam
1..... 2..... 3....
II. Trade fairs/exhibitions organised abroad
1...... 2...... 3.....
Authorised organisation (ministerial Director of the rank or provincial People's Committee) business confirms and proposes the Ministry of Trade to approve. (Signed) (Singed)
form 4 : (used for businesses applying for supplement of the annual plan)
...... The Socialist Republic of Vietnam No. .../TM _ XNK Independence - freedom - Happiness htmlhtmlhtml----- Dated....
To : ........
Application form for organising trade fair/exhibition
1.1. Name of the business : Transaction name : Trade name :
2. Address : Tel. : fax :
3. Name of the trade fair/exhibition :
4. Topic :............ Scale :.........
5. Place of organisation :...... Time of organisation:.........
6. Name and address of foreign partner co-ordinating to organise (if any).....
7. Signed contract with the foreign partner on co-operation concerning trade fair, exhibition No..... dated ....
Authorized organisation : (Ministerial rank or provincial People's Committee) confirming that the business has adequate materials, technical facilities and specialised cadre to organise trade fairs and exhibitions . (Signed)
Director of the business (Signed)