Circular 39/2025: 5 reamarks when businesses implement promotions in Vietnam

From July 1, 2025, Circular No. 39/2025/TT-BCT officially takes effect, clearly stipulating the maximum promotional limits that businesses are permitted to apply.
This is a significant regulation, particularly impacting FMCG, retail, and e-commerce enterprises – industries that frequently implement discount campaigns, giveaways, and “mega sales.”

So, what should businesses keep in mind to ensure legal compliance while maintaining business effectiveness?

1. Maximum Promotional Value

General limit: Up to 50%

  • Businesses may only offer promotions of up to 50% of the product/service value immediately prior to the promotion.
  • Example: A shirt priced at VND 1,000,000 → the gift or incentive offered must not exceed VND 500,000.

Overall program limit

  • The total value of goods/services used for promotions must not exceed 50% of the total value of goods/services being promoted in the program.
  • Example: A supermarket sells 10 mobile phones (totaling VND 100 million) → the total value of gifts/discounts must not exceed VND 50 million.

How promotional value is calculated

  • If the gift is purchased externally → based on actual purchase price or market value at the time of program announcement.
  • If the gift is self-produced/imported → based on production cost or import value.

Concentrated promotions (permitted up to 100%)

Applicable in:

  • Programs organized by the State.
  • Traditional festivals and major holidays as prescribed (e.g., up to 30 days before Lunar New Year).

2. Maximum Discount Rate

General limit: Up to 50%

  • Businesses are not allowed to reduce prices by more than 50% compared to the pre-promotion selling price.
    Example: A shirt priced at VND 1,000,000 → maximum discount is VND 500,000.

Exceptions where discounts over 50% are allowed

  • Goods subject to price stabilization at the request of the State.
  • Perishable goods (vegetables, meat, fish, fruit, etc.).
  • Businesses undergoing bankruptcy, dissolution, or liquidation of inventory.

3. Implications for FMCG, Retail, and E-commerce Businesses

  • Opportunities: Clear regulations help businesses plan promotional strategies more effectively and enhance transparency.
  • Challenges: Large-scale campaigns such as “mega sales” or “buy one get one free” during holidays will be directly impacted. Non-compliance may lead to administrative penalties.

4. ATIM LAW FIRM’s Recommendations

To minimize legal risks and maximize effectiveness, ATIM recommends:

  • [DOWNLOAD AND READ THE DETAILED ANALYSIS HERE]
  • Review all promotional plans starting July 2025.
  • Seek specialized legal consultation before launching large-scale promotional programs.

ATIM LAW FIRM is ready to support businesses with:

  • Legal assessment of promotional programs.
  • Drafting and filing promotional notification/registration dossiers.
  • Legal risk advisory and optimal compliance solutions.

Contact Us

Are you preparing for a promotional campaign?
Contact ATIM LAW FIRM today for consultation and legally compliant, safe, and effective implementation: Email: admin@atim.com.vn Hotline: 028 7301 3679

Knowledge center
Contact us