|
MINISTRY OF
INDUSTRY AND TRADE
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
No. 12/2023/TT-BCT
|
Hanoi, June 5,
2023
|
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):
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“Article 1. Scope
This Circular provides for framework of law
training program on multi-level marketing (MLM); examination, issuance,
revocation of confirmation on legal knowledge on MLM and 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 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 in writing for institutions providing 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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Announce the examination plan.
d) Organize the examination.
dd) Grade the tests.
e) Announce the test 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 exam results
1. The test of legal knowledge on MLM, knowledge
for local contacts is done in the form of a written test or multiple-choice
test with a duration of at least 60 minutes.
2. Tests are graded on a scale from 1 to 100, in
specific:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) As for the test of knowledge for local
contacts, the test with less than 70 points for multiple-choice form or under
50 points for essay form is unsatisfactory.
5. Article 7 shall be
amended as follows:
“Article 7. The process of examination on
legal knowledge on MLM, knowledge for local contacts 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, knowledge for local contacts for local contacts
1. Vietnam Competition Authority will revoke the
certification of legal knowledge on MLM, knowledge for local contacts 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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Procedures for revocation of certification of
legal knowledge on MLM, knowledge for local contacts 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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.