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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
390-TTg
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Hanoi,
August 01, 1994
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DECISION
ON THE ISSUANCE OF THE STATUTE ON TRADE FAIRS AND
EXHIBITIONS
THE PRIME MINISTER
Pursuant to the Law on
Organization of the Government on the 30th of September 1992;
Pursuant to Decree No. 33-CP on the 19th of April 1994 of the Government on the
State management of import and export activities, and Decree No. 95-CP on the 4th
of December 1993 of the Government on the functions, tasks, powers and
organization of the apparatus of the Ministry of Trade;
At the proposal of the Minister of Trade,
DECIDES:
Article 1.- To issue along with this Decision the Statute on Trade
Fairs and Exhibitions.
Article 2.- The Ministers, the Heads of ministerial
level offices, the Heads of the agencies attached to the Government, and the
Presidents of the People's Committees in the provinces and cities directly
under the Central Government have the responsibility to implement the Statute
issued along with Decision.
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FOR
THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
STATUTE
ON TRADE FAIRS AND EXHIBITIONS
(Issued
along with Decision No. 390-TTg on the 1st of August 1994 of the
Prime Minister)
Chapter I
GENERAL PROVISIONS
Article 1.- This Statute applies to:
1. All trade fairs and
exhibitions held on the Vietnamese territory, including those with the
participation of or held by foreign companies and individuals.
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Article 2.- In this Statute, the following terms are
understood as follows:
1. "Trade fair" is a
form of trade promotion conducted in the form of a market which concentrates
its operations within a given period and at a given place, where producers and
businessmen display their goods aimed at marketing, signing trade contracts and
selling their goods (including souvenirs) on the spot.
2. "Trade exhibition"
is a form of trade promotion undertaken by one or several producers and
businessmen through the display of goods and documents about these goods...
aimed at introducing or advertising their goods in order to broaden and promote
the consumption of their goods through the signing of trade contracts.
Article 3.- The Ministry of Trade is the agency
exercising State management over the activities of the trade fairs and
exhibitions stated at Article 1 of this Statute.
All the trade fairs and
exhibitions organized on Vietnamese territory or by Vietnam on foreign lands
must have the approval of the Ministry of Trade or the approval of the
provincial or city Trade Service with accreditation from the Ministry of Trade,
depending on the character and scale of each trade fair or exhibition.
Article 4.- All production and business entities which
have the legal person status are allowed to organize trade fairs or exhibitions
inside and outside the country aimed at introducing their products and
promoting the trading in the products which are manufactured by themselves or
are their business lines (under licenses issued by the Ministry of Trade or the
Trade Services in the provinces and cities). They may also sign contracts with
the businesses authorized to engage in trade fairs and exhibition services in
order to organize trade fairs and exhibitions.
Article 5.- With regard to the trade fairs and
exhibitions of a large scale held either in the country or outside the country
and having an inter-ministerial character, they shall be organized by the
Vietnam Chamber of Commerce and Industry, the Exhibition and Advertisement
Company of the Ministry of Trade or the companies authorized to provide trade
fair and exhibition services in accordance with the permits and the guidance of
the Ministry of Trade.
Article 6.- The Ministry of Trade allows a number of
businesses to engage in trade fair and exhibition services provided they meet
the following conditions:
1. The business is set up in
conformity with Vietnamese law.
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3. It has an organizational
apparatus and professional staff who can meet the demands of the trade fair and
exhibition services.
Chapter II
REGULATIONS ON THE
ORGANIZATION OF AND PARTICIPATION IN TRADE FAIRS AND EXHIBITIONS
Article 7.- General regulations:
1. All trade fairs and
exhibitions must set out their topics, scales, time and places, their goods
inventories and the names and addresses of the participating producers and
businessmen.
2. All producers and businessmen
of any economic sector who want to take part in a trade fair or exhibition in
Vietnam must register and sign a contract with the organizing committee of each
fair or exhibition on the introduction of their goods into the fair or
exhibition, and sign a contract on the renting of pavilion and floor space for
the exhibition of goods or storehouses for their goods.
3. All the goods and documents
about the goods brought to the fair or exhibition must conform with the
quantity and inventory already registered with the organizing committee. It is
forbidden to bring counterfeit and sub-standard goods to join the fair and
exhibition (except when this is an exhibition of counterfeits).
4. The transactions,
negotiations and signing of trade contracts at the fair or exhibition must
conform with the regulations in force of the Vietnamese State.
5. All financial expenditures
for the trade fairs and exhibitions shall be paid by the participating
businesses; the State budget does not make any allocation for it.
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Article 8.- Organization of trade fairs and
exhibitions:
Basing itself on the needs of
Vietnam's economic and trade development and on the suggestions of the various
services, localities and concerned organizations, the Ministry of Trade shall
make an overall draft and the necessary readjustments and draw up a program to
organize a number of major and important trade fairs and exhibitions.
Article 9.- Announcements of trade fairs and
exhibitions:
The Ministry of Trade has the
responsibility to announce its program on the mass media so that the producers
and businessmen inside and outside the country may register for participation.
Article 10.- Setting up of the organizing committee for
a trade fair or exhibition:
All trade fairs and exhibitions
organized on Vietnamese territory must have an organizing committee to be
appointed by the administration and the managing ministry or decided by the
organizing business. This organizing committee has the responsibility to run
the activities of the fair or exhibition. With regard to major and important
fairs and exhibitions, they shall be decided by the Ministry of Trade.
Chapter
III
RIGHTS AND OBLIGATIONS
OF THE PRODUCERS AND BUSINESSMEN TAKING PART IN TRADE FAIRS AND EXHIBITIONS
A. WITH
REGARD TO THE TRADE FAIRS AND EXHIBITIONS ORGANIZED IN VIETNAM:
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Article 12.- With regard to foreign organizations and
individuals:
1. The foreign organizations and
individuals taking part in or organizing a trade fair or exhibition in Vietnam
are allowed to bring in their products and documents on these products
according to the approved inventories to take part in the fair or exhibition.
They must fill the customs procedures and pay customs fees as prescribed by
Vietnamese law.
2. The goods and documents on
these goods which have been approved when imported into Vietnam to take part in
the trade fair or exhibition shall be exempt from tax according to
prescriptions of Vietnamese Law.
3. If the foreign participant or
organizer want to sell their goods in Vietnam during the unfolding or at the
end of the fair or exhibition, they have to ask for permission of the Ministry
of Trade right at the moment when they apply to join the fair or exhibition and
to pay tax as prescribed by Vietnamese law.
With regard to the goods used as
gifts, advertisement, of sold as souvenirs at the fair or exhibition, they must
comply with the guidance of the Vietnamese Ministry of Finance and Ministry of
Trade.
B. WITH
REGARD TO THE TRADE FAIRS OR EXHIBITIONS ORGANIZED ABROAD OF WHICH VIETNAM IS
THE ORGANIZER OR A PARTICIPANT
Article 13.- The businesses taking part in or
organizing trade fairs or exhibitions abroad are entitled to export their
products and goods and send documents on these goods abroad to take part in the
fair or exhibitions.
Article 14.- When filling the procedures to export their
goods and documents on these goods to take part in a fair or exhibition abroad,
the businesses have to pay export tax as prescribed by law. With regard to
those goods which are exported and shall be re-imported into Vietnam after the
conclusion of the fair or exhibition, they are exempt from tax as prescribed by
law. The goods used as gifts, advertisement, introduction or sold as souvenirs
at the fair or exhibition, they have to comply with the guidance of the
Ministry of Finance and the Ministry of Trade.
Article 15.- In case the goods are sold at the fair or
exhibition, the participating businesses shall pay tax as prescribed by law and
in conformity with the law of the country where the fair or exhibition is
organized.
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Chapter IV
HANDLING OF VIOLATIONS
Article 16.- Penalties:
Violations of the regulations in
this Statute by any organization or individual participating in a trade fair or
exhibition shall, depending on their seriousness, be subjected to the following
penalties:
- Served warning and fined under
the Ordinance on penalties regarding administrative offenses.
- Confiscation of products and
goods and documents on these goods taking part in the trade fair or exhibition
as prescribed by law. This violation shall be publicized in the mass media.
- An individual violation with
elements constituting a criminal offense shall be investigated for penal
liability.
Chapter V
IMPLEMENTATION
PROVISIONS
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Article 18.- All previous stipulations regulating the
activities of trade fairs and exhibitions which are contrary to this Statute
are now annulled.