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MINISTRY
OF INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
12/2023/TT-BCT
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Hanoi,
June 5, 2023
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CIRCULAR
ON AMENDMENTS TO CIRCULAR NO. 10/2018/ND-CP DATED MAY 24,
2018 OF THE MINISTER OF INDUSTRY AND TRADE ON ELABORATION OF DECREE NO. 40/2018
DATED MARCH 12, 2018 ON MANAGEMENT OF MULTI-LEVEL MARKETING BUSINESS
Pursuant to Decree
No. 40/2018/ND-CP dated March 12, 2018 on management of multi-level
marketing business (hereinafter referred to as Decree No. 40/2018/ND-CP);
Pursuant to Decree No.
18/2023/ND-CP dated April 28, 2023 on amendments to Decree
No. 40/2018/ND-CP dated March 12, 2018 on management of multi-level
marketing business (hereinafter referred to as Decree No. 18/2023/ND-CP);
Pursuant to the Government’s
Decree No. 96/2022/ND-CP dated November 29, 2022 defining the functions, tasks,
powers and organizational structure of the Ministry of Industry and Trade;
At the request
of the Director General of Vietnam Competition Authority;
Minister of Industry and Trade
promulgates a Circular on amendments to Circular No. 10/2018/TT-BCT dated May
24, 2018 of the Minister of Industry and Trade on elaboration of Decree No.
40/2018 dated March 12, 2018 on management of multi-level marketing business.
Article 1.
Amendments to Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of
Industry and Trade on elaboration of Decree No. 40/2018 dated March 12, 2018 on
management of multi-level marketing business (hereinafter referred to as Circular
No. 10/2018/TT-BCT):
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“Article 1. Scope
This Circular provides for
framework of law training program on multi-level marketing (MLM); examination,
issuance, revocation of certification of legal knowledge on MLM and
certification of knowledge for local contacts.”
2. Article 2 shall be amended as
follows:
“Article 2. Regulated
entities
This Circular applies to
institutions that provide training programs in MLM laws, MLM companies, persons
who wish to obtain the certification of legal knowledge on MLM or certification
of knowledge for local contacts, and other relevant organizations and
individuals.”
3. Article 5 shall be amended as
follows:
“Article 5. The process of
examination on legal knowledge on MLM and knowledge for local contacts
1. The Vietnam Competition
Authority shall organize or authorize institutions, in writing, to provide
training in MLM laws to organize an exam of legal knowledge on MLM and
knowledge for local contacts in accordance with the following process:
a) Check the completeness and
validity of the applications for examination and certification of legal
knowledge on MLM according to the provision of Clause 1, Article 39 of Decree
No. 40/2018 / ND-CP dated March 12, 2018 on management of MLM business.
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c) Announce the examination
plan.
d) Organize the examination.
dd) Grade the examination papers.
e) Announce the examination results.
2. The examination of legal
knowledge on MLM and the knowledge for local contacts can be conducted
simultaneously or in separate sessions."
4. Article 6 shall be amended as
follows:
“Article 6. Form of
examination and evaluation of examination results
1. The examination of legal
knowledge on MLM, knowledge for local contacts is done in the form of a constructed-response
question exam or multiple-choice exam with a duration of at least 60 minutes.
2. Examination is graded on a
scale from 1 to 100, in specific:
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b) An examination of knowledge
for local contacts is considered unsatisfactory if the candidate scores less
than 70 points, for a multiple-choice exam; or less than 50 points, for a constructed-response
question exam.
5. Article 7 shall be amended as
follows:
“Article 7. Certification of
legal knowledge on MLM, certification of knowledge for local contacts
Certification of legal knowledge
on MLM, knowledge for local contacts shall be issued according to the forms 21a
and 21b issued together with Decree No. 18/2023/ND-CP”
6. Article 8 shall be amended as
follows:
“Article 8. Revocation of
certification of legal knowledge on MLM, certification of knowledge for local
contacts
1. Vietnam Competition Authority
will revoke the certification of legal knowledge on MLM, certification of knowledge
for local contacts in any of the following cases:
a) Fraudulent information is
detected in the application for the certification;
b) The MLM company ceases MLM
business;
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2. Procedures for revocation of
certification of legal knowledge on MLM, certification of knowledge for local
contacts:
a) Within 10 working days from
occurrence of any of the cases specified in Clause 1 of this Article, the
Vietnam Competition Authority shall issue and send a decision to revoke the
certification of legal knowledge on MLM or certification of knowledge for local
contacts to the company. The certification shall be invalid from the date the
Vietnam Competition Authority issued the decision of revocation.
b) The Vietnam Competition
Authority shall post information on the website of the authority which
organized the corresponding examination about the revocation of certification
of each MLM company.”
7. The phrase “Cuc Canh tranh va
Bao ve nguoi tieu dung” (Department of Competition and Consumer Protection) in
clause 1 Article 10 shall be replaced with “Uy ban Canh tranh Quoc gia”
(Vietnam Competition Authority)”.
Article 2.
Implementation
1. This Circular comes into force
as of July 21, 2023.
2. Annul Article 4 and Appendix 2,
Appendix 3 issued together with Circular No. 10/2018/TT-BCT.
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