THE GOVERNMENT
-------
|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
No. 18/2023/ND-CP
|
Hanoi, April 28,
2023
|
DECREE
AMENDMENTS TO THE
GOVERNMENT’S DECREE NO. 40/2018/ND-CP DATED MARCH 12, 2018 ON MANAGEMENT OF
MULTI-LEVEL MARKETING BUSINESS
Pursuant to the Law on Government Organization dated
June 19, 2015 dated June 19, 2015; the Law dated November 22, 2019 on
Amendments to the Law on Government Organization dated June 19, 2015 and the
Law on Local Government Organization;
Pursuant to Law on Investment dated June 17,
2020;
At the proposal of the Minister of Industry and
Trade;
The Government promulgates a Decree on
Amendments to the Government’s Decree No. 40/2018/ND-CP dated March 12, 2018 on
management of multi-level marketing business.
Article 1. Amendments to the Government’s Decree
No. 40/2018/ND-CP dated March 12, 2018 on management of multi-level marketing
business
1. Amendments
to Clause 2 of Article 3:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Clause
3 below is added to Article 3:
“8. MLM conferences, seminars and training
are activities that are meant to introduce, acclaim, provide information,
instructions, training, knowledge that are relevant to MLM business."
3. Amendments
to Point c Clause 1 of Article 7:
"c) Partners of partnerships, owners of sole
proprietorships or single-member limited liability companies, members of
multiple-member limited liability companies, shareholders of joint stock
companies, and legal representatives of companies must not include
organizations or individuals who have held the same positions above of any MLM
enterprises whose MLM registration certificate has been withdrawn according to
Decree No. 42/2014/ND-CP dated May 14, 2014 of Government on management MLM
activities and this Decree while such enterprises are performing MLM
activities;"
4. Point
h below is added to Clause 1 of Article 7:
"h) In case the registering organization is an
enterprise whose owners or members or shareholders are foreign investors or
foreign-invested business organizations, all of these foreign investors or
foreign-invested business organizations need to have at least 03 years of continuous
operation of MLM business in a certain country or territory."
5. Amendments
to Clause 3 of Article 9:
“3. 01 list attached to the copy of personal
legal documents (identity card or personal identity or passport of Vietnamese;
passport and lawful residence document issued by Vietnam competent authorities
for foreigners who have permanent residences in Vietnam; passports for
foreigners who are Vietnam non-residents) of the persons mentioned in point c
clause 1 Article 7 of this Decree.
01 copy of the legal document about establishment
of the organization (in case the applicant is an organization."
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“7. Technical specifications towards
information technology system to manage MLM networks under Article 44 of this Decree
which contain the following basic information:
a) The IP address of the server and location of the
physical server;
b) Operating mechanism of the system, including
system description, method for entering, storing and managing data;
c) The information specified in Article 44 of this
Decree."
7. Clause 10 below
is added to Article 9:
"10. Copy of the audited financial statement
or document confirming fulfillment of tax obligations or financial obligations
of the last 03 fiscal years, or equivalent document issued or certified by a
competent agency or organization proving fulfillment of the conditions
specified in Point h Clause 1 Article 7 of this Decree in case the enterprise's
owners, members or shareholders are foreign investors or foreign-invested business
organizations."
8. Clause 11 below
is added to Article 9:
“11. The business license that allows retail
distribution, including retailing through MLM in case the enterprise's owners,
members or shareholders are foreign investors or foreign-invested business
organizations."
9. Amendments
to Point a Clause 1 of Article 10:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
10. Amendments
to Point b Clause 3 of Article 12:
"b) In case supplementation or revision of
information in the enterprise's notification mentioned in Point a of this
Clause is necessary, the Ministry of Industry and Trade shall send a
notification to the enterprise within 15 working days from the day on which the
application is received. The time limit for supplementation or revision of
information is 10 working days. In case the enterprise fails to supplement or
revise information within the time limit or the enterprise's application is not
satisfactory, the Ministry of Industry and Trade shall notify the enterprise of
the return of the application and provide explanation.
The enterprises are allowed to apply the lists of
goods traded by multi-level marketing if the Ministry of Industry and Trade has
no request regarding the written notification mentioned in Point a of this
Clause within 15 working days from the date of receipt;"
11. Amendments
to Point c Clause 4 of Article 14:
"c) Documents specified in clause 4, clause 5,
clause 6, clause 7, clause 8, clause 9, clause 10 and clause 11 of Article 9 of
this Decree in case of changes from the latest MLM registration
certificate."
12. Amendments
to Point c Clause 1 of Article 16:
"c) The enterprise has been fined for its breach
of one of the activities stipulated in clause 1 of Article 5, clause 14 of
Article 40, or clause 3 of Article 47 of this Decree during the process of
conducting MLM activities;"
13. Amendments
to Article 18:
"Article18. Procedures for termination of
MLM activities
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Application for termination of MLM activities
includes:
Notification for the termination of MLM activities under
form No. 06 provided in the Appendix attached to this Decree;
Report in accordance with form No. 06a provided in
the Appendix attached to this Decree;
01 copy of latest change of enterprise registration
certificate or the documents with equivalent legal validity;
01 original MLM registration certificate;
01 copy of decision on termination of MLM
activities of the owner for a sole proprietorship or limited liability company
with one member; decision and meeting minutes on the termination of MLM activities
of the members’ council for a limited liability company with two or more
members; decision and meeting minutes of the general shareholders for a joint
stock company; partners’ in a partnership.
b) Procedures to terminate MLM activities:
The enterprise shall submit the Notice of
termination of MLM activities to the Ministry of Industry and Trade (in person,
online or by post);
If the application is not satisfactory according to
Point a of this Clause, the Ministry of Finance shall issue a request for supplementation
of the application within 10 working days from the day on which the application
is received. The time limit for supplementation is 15 working days from the day
on which the request is received.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Within 10 working days from the date on which the
application to terminate MLM activities is received, the Ministry of Industry
and Trade shall issue a document confirming the receipt of the application,
notify provincial Departments of Industry and Trade nationwide by one of the
methods provided in clause 5 Article 10 of this Decree and publish information
on the Ministry of Industry and Trade’s web portal;
2. In case of
termination of MLM activities due to expiration or revocation of the MLM
registration certificate:
a) Application for termination of MLM activities
includes:
Notification for the termination of MLM activities
under form No. 06 provided in the Appendix attached to this Decree;
Report in accordance with form No. 06a provided in
the Appendix attached to this Decree;
01 copy of latest change of enterprise registration
certificate or the documents with equivalent legal validity;
01 original MLM registration certificate.
b) Procedures to terminate MLM activities:
Within 30 working days from the date on which the
MLM registration certificate expires or is revoked, the enterprise shall submit
the Notice of termination of MLM activities to the Ministry of Industry and
Trade (in person, online or by post);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
In case the enterprise fails to supplement the
application within the time limit or the enterprise is still unsatisfactory,
the Ministry of Industry and Trade shall issue a written notice of the return
of the application and provide explanation.
Within 10 working days from the date on which the
application to terminate MLM activities is received, the Ministry of Industry
and Trade shall issue a document confirming the receipt of the application,
notify provincial Departments of Industry and Trade nationwide by one of the
methods provided in clause 5 Article 10 of this Decree and publish information
on the Ministry of Industry and Trade’s web portal."
14. Amendments
to Clause 2 of Article 20:
"2. If the enterprise does not have the head
office, any branch, representative office or business location in the province,
the enterprise shall assign a person who resides in such province to act as the
enterprise's business contact in such province to work with local authorities
in the province. The enterprise's business contact shall satisfy the following
conditions:
a) He/she does not fall into any of the cases
specified in Point a Clause 2 Article 28 of this Decree;
b) He/she has obtained the certificate on knowledge
in accordance with Article 38 of this Decree;
c) He/she is authorized by the enterprise to work,
provide information and documents about the enterprise's MLM activities in the
province at the request of MLM authorities."
15. Amendments
to Clause 1 of Article 21:
"1. An application for registration of MLM of
activities in the province includes:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) 01 copy of enterprise registration certificate
or documents having equivalent legal valid;
c) 01 copy of MLM registration certificate;
d) 01 copy of certificate of registration of
branch, representative office, business location (if any).
In case the enterprise's head office, branch,
representative office or business location is not located in the province, the
enterprise shall provide documents about it's business contact in the province
(hereinafter referred to as "local contact"), including: 01 certified
true copy of the identity card or passport; 01 original or certified true copy
of the judicial records; 01 certified true copy of the certificate of knowledge
of the local contact; 01 document specifying the scope of work, rights and
obligations of the parties."
16. Amendments
to Clause 3 of Article 21:
"3. If the application is incomplete or invalid
according to Clause 1 of this Article, within 05 working days from the date of
receipt of the application, the Department of Industry and Trade shall request
the enterprise to supplement the application. The time limit for
supplementation is 15 working days from the day on which the request is issued
by the Department of Industry and Trade. The Department of Industry and Trade
shall return the application if the enterprise fails to supplement the
application within the aforesaid time limit.
Within 10 working days from the date of receipt of
the complete and valid application, the Department of Industry and Trade shall
send the enterprise a document confirming the registration of MLM activities in
the province in accordance with form No.08 provided in the Appendix attached to
this Decree. If the application is rejected, the Department of Industry and
Trade shall send a written notification which contains explanation for the
rejection."
17. Point
Đ below is added to Clause 1 of Article 23:
"Đ) The enterprise does not fully satisfy the
conditions for carrying out MLM activities in the province according to
Clause 2 Article 20 of this Decree."
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
"a) Put up a notice at the enterprise's head
office, branches, representative offices, business locations in the province
(if any) and on the main page of the enterprise's website within 05 working
days from the date of termination of MLM activities in the province; send a
written notification to the Department of Industry and Trade;"
19. Clause
3 below is added to Article 24:
“3. The enterprise does not have to follow
procedures for termination of MLM activities in the province if its MLM
activities are terminated nationwide."
20. Amendments
to Clause 2 of Article 26:
“2. In case of MLM conferences, seminars and
trainings having 30 people or more, or having 10 MLM participants or more and
are not meetings or internal events, the MLM enterprise shall notify the
Department of Industry and Trade of the province or centrally affiliated city
(hereinafter referred to as "province") before holding such
conferences, seminars and trainings.
In case of online MLM conferences, seminars and
trainings having MLM participants in a province, the MLM enterprise shall
notify the Department of Industry and Trade of such province.
In case of online MLM conferences, seminars and
trainings having MLM participants in multiple provinces, the MLM enterprise
shall notify the Department of Industry and Trade of the province where the
enterprise is headquartered."
21. Amendments
to Article 27:
"Article 27. Documents of and procedures
for notification of MLM conferences, seminars and trainings
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) A notice to hold the conference, seminar or
training using form No.12 provided in the Appendix attached to this Decree;
b) Detailed contents, documents to be presented at
the conference, expected number of participants;
c) List of speakers at the conferences, seminars
and trainings together with the one-off contract with the enterprise that
clearly defines the entitlements, responsibilities, and reporting contents of
the speaker;
d) 01 original of power of attorney if the
enterprise authorizes an individual to hold the conference, seminar or
training;
dd) Account information or link to access the
conference, seminar or training in case the conference, seminar or training is
held online.
2. The MLM
enterprise shall announce the organization of more than one conferences,
seminars and trainings on MLM in a single notification document, provided they
are held within 03 months from the date of submission of the notification.
3. The MLM
enterprise shall submit the notification documents about the MLM conference,
seminar or training to the Department of Industry and Trade (in person, online
or by post) at least 15 working days before the intended date of
implementation.
4. In case the
documents are not satisfactory according to Clause 1 of this Article, within 07
working days from the day on which they are received, the Department of
Industry and Trade shall send the enterprise a written request for
supplementation of the documents. The time limit for supplementation is 10
working days from the day on which the request is issued by the Department of
Industry and Trade.
5. If no request
for supplementation is sent by the Department of Industry within 07 working
days from the day on which the notification documents are received by the
Department of Industry and Trade, the enterprise may hold the conference,
seminar or training.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
If no request for supplementation is sent by the
Department of Industry within 07 working days from the day on which the
notification is received by the Department of Industry and Trade, the
enterprise may hold the conference, seminar or training.
7. In case the
enterprise does not hold the conference, seminar or training after the
notification documents have been submitted to the Department of Industry and
Trade, the enterprise shall send a written notification or email to the
Department of Industry and Trade before the expected date of holding the
conference, seminar or training."
22. Amendments to Clause 1
of Article 28:
“1. MLM participants are individuals who have
full legal capacity in accordance with regulation of laws and reside in
Vietnam."
23. Amendments to Point b
Clause 2 of Article 28:
"b) Foreigners without work permits in Vietnam
granted by competent authorities to work for the enterprise as MLM
participants, except for case of exemption in accordance with the provisions of
law;
24. Amendments to Point a
Clause 1 of Article 36:
"a) Application form for recognition under
form No. 13a of Appendix attached to this Decree;"
25. Clause 3a below is
added to Article 36:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Within 30 working days from the date of receipt of
the application, the Ministry of Industry and Trade shall organize examination
of the application and issue the notification of recognition of the revisions.
In case the revisions are not lawful or not conformable with this Decree, the
Ministry of Industry and Trade shall issue a notification of rejection."
26. Amendments to Point a
Clause 3 of Article 37:
"a) Before January 31 each year, the training establishment
is responsible for sending summary reports on its legal training operations on
MLM activities of the previous year according to Form No. 14a attached to this
Decree to the Ministry of Industry and Trade;
27. Amendments to Article
38:
"Article 38. Confirmation on legal
knowledge on MLM for local contacts
1. Persons who have completed legal training course
on MLM are able to be registered by MLM enterprises for testing of legal
knowledge on MLM for local contacts organized by the Ministry of Industry and
Trade.
2. The Ministry of Industry and Trade shall issue
the confirmation on legal knowledge on MLM to local contacts for those who pass
the test.
3. The Ministry of Industry and Trade shall
specifically provide for the verification, issuance, revocation of confirmation
on legal knowledge on MLM for local contacts."
28. Amendments to Article
39:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. The enterprise shall submit an application to register
for testing, confirmation of legal knowledge for local contacts on MLM to the
Ministry of Industry and Trade (in person, online or by post). An application
shall include:
a) Application form for registration for testing,
confirmation of legal knowledge on MLM according to Form No. 20a enclosed
herewith, or application form for testing and confirming legal knowledge on MLM
for local contacts according to Form No. 20b enclosed herewith;
b) List of candidates, including the following
information: Full name, gender, date of birth, number and date of issuance of
ID card;
c) 02 pictures size 3 x 4 cm of the candidates
mentioned in point b clause 1 of this Article;
d) 01 copy of the certificate on completion of
legal training course on MLM.
2. Within 15 working days from the testing date,
the Ministry of Industry and Trade shall issue the confirmation on legal
knowledge on MLM according to Form No. 21a enclosed herewith, confirmation on
legal knowledge on MLM for local contacts according to Form No. 21b enclosed
herewith to persons who pass the test.
3. In case the confirmation on legal knowledge on
MLM or confirmation on legal knowledge on MLM for local contacts is lost,
damaged or destroyed, the authority that organized the test shall re-issue the
confirmation. The person who applies for reissuance of the confirmation is not
required to take another training course on legal knowledge on MLM."
29. Clause 13 below is
added to Article 40:
“13. Make sure that at least 20% of the revenue
from MLM in a fiscal year is from customers who are not the enterprise's MLM
participants."
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“14. Do not provide information about food
using images, equipment, costumes, names, correspondences of health facilities,
health units, physicians, pharmacists, health workers, testimonials of
patients, articles written by physicians, pharmacists, health workers; Do not
provide information about food that represents or quotes patients' opinions
that the food has medicinal use."
31. Clause 5 below is
added to Article 41:
“5. Do not provide information about food
using images, equipment, costumes, names, correspondences of health facilities,
health units, physicians, pharmacists, health workers, testimonials of patients,
articles written by physicians, pharmacists, health workers; Do not provide
information about food that represents or quotes patients' opinions that the
food has medicinal use."
32. Amendments to Article
43:
"Article 43. Compensation plan
1. Compensation plan must clearly define the ranks
and titles of MLM participants, qualification conditions, commissions, bonuses
and other economic benefits paid for each rank and title.
2. Compensation plans only apply MLM participants
of enterprises in Vietnam."
33. Amendments to Point d
Clause 2 of Article 44:
"d) Statistics about commissions, bonuses and
other economic benefits of MLM participants."
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
"4. Before the 10th of each month
(except January and July), each MLM enterprise shall update and send (in
person, by post or by email) the list of MLM participants residing in province
in the previous month (specify: full name, date of birth, permanent/temporary
residence address, ID/passport number, MLM participation contract number, MLM
participant's code, phone number) to the Department of Industry and Trade of
the province where the enterprise registers for MLM activities."
35. Article 49a below is
added after Article 49:
"Article 49a. Methods for completion of
administrative procedures
1. Regarding the requirement for submission of
certified true copies of documents for completion of administrative procedures
prescribed by this Decree, enterprises may submit copies and present originals
for comparison upon the receipt of applications.
2. In case of online administrative procedures, MLM
enterprises shall sign up at http://dichvucong.moit.gov.vn and use their
accounts to make and send applications online.
After receiving a notification that the submitted
application is complete and valid, the enterprise shall send a physical
application to the Ministry of Industry and Trade.
In case the documents or information in the
physical application does not those submitted online, the Ministry of Industry
and Trade shall issue a notification that the application is returned."
36. Amendments to Clause 1
of Article 50:
“1. Deposit is an amount of money which
secures the MLM enterprise’ fulfillment of its obligations toward MLM
participants and the State in the cases specified in Clause 1 Article 53 of
this Decree.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
37. Amendments to Article
53:
"Article 53. Handling deposited amount
1. The deposit shall be used in the following
cases:
a) The enterprise terminates MLM activities, but it
fails to perform effective sanctioning decisions in MLM activities issued by
competent authorities;
b) The enterprise terminates its MLM activities
under clause 1 Article 17 of this Decree, but it fails to fulfill its
obligations relating to MLM activities toward participants and there is a
court's judgment on the settlement of disputes related to such obligations between
the enterprise and its participants;
2. Procedures for using the deposit as provided in
point a clause 1 of this Article:
a) If the enterprise terminates its MLM activities,
but it fails to perform the competent authority's effective sanctioning
decisions in MLM activities, the competent authority shall send an official
letter to request the Ministry of Industry and Trade for issuing an official
letter requesting the bank where the enterprise's deposit is held to withdraw
money from the enterprises' deposit to implement the sanctioning decisions;
b) Within 10 working days after receiving the
written request, the Ministry of Industry and Trade shall issue the official
letter requesting the bank where the enterprise's deposit is held to withdraw money
from the enterprise's deposit to implement the sanctioning decisions.
3. Procedures for using the deposit as provided in
point b clause 1 of this Article:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) In case the deposit may be used in accordance
with Clause 1 Article 50 of this Decree, the judgment enforcement agency shall
send the Ministry of Industry and Trade a written request enclosed with the
effective judgment, copies of the decision on judgment enforcement and the
decision on withdrawal of money from the enterprise's deposit account;
c) Within 10 working days after receiving the
written request from the judgment enforcement agency, the Ministry of Industry
and Trade shall notify the judgment enforcement agency and the bank where the
enterprise's deposit is held to withdraw money from the enterprises' deposit to
enforce the judgment.
In case the deposit cannot be used for settlement
of the dispute under the judgment according to Clause 1 Article 50 of this
Decree, the Ministry of Industry and Trade shall request the judgment
enforcement agency to implement other judgment enforcement measures as
prescribed by law.
4. The Ministry of Industry and Trade process valid
requests for permission to use deposits on a first-come, first-served basis.
5. If the deposit still remains after it is used
according to Clause 1, Clause 2, Clause 3 and Clause 4 of this Article and the
enterprise still has other obligations under the effective court judgment which
has not been enforced, the remainder will be transferred to the competent
judgment enforcement agency as prescribed by law."
38. Amendments to Clause 4
of Article 55:
"4. Ministry of Finance:
a) Carry out administration of taxes on MLM
activities in accordance with tax laws;
b) Promptly, accurately and objectively announce
information about MLM activities in accordance with tax administration
laws."
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“g) Submit annual reports before February 15
of the succeeding year according to Form No. 19 enclosed herewith, or submit ad
hoc reports at the request of the Ministry of Industry and Trade on management
of local MLM activities;"
40. The phrase “in person
or by post” in point a clause 3 Article 12, clause 1 Article 13, clause 2
Article 21, clause 2 Article 22, clause 1 and clause 2 Article 25, clause 1
Article 52 and point a clause 4 Article 52 is replaced with the phrase “in
person, online or by post”.
41. The phrase "local
representative of the enterprise" in Point b Clause 1 Article 22 is
replaced with "local contact of the enterprise"; the phrase
"local representative" in Forms No. 7, 8, 11, 15 and 16 is replaced
with the phrase "local contact".
42. Forms No. 06a, 13a,
14a, 19, 20a, 20b, 21a and 21b are added and enclosed to this Decree.
Article 2. Responsibility for implementation
1. The Minister of Industry and Trade shall
organize the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies,
heads of government- attached agencies and chairperson of provincial-level
People’s Committees shall implement this Decree.
Article 3. Entry in force
1. This Decree comes into force as of June 20, 2023.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. MLM enterprises that have been granted
certificates of MLM registration in accordance with regulations of law may
continue to operate until the expiration of their certificates. When applying
for renewal of the MLM registration certificates, MLM enterprises shall have
the responsibility to fulfill the conditions for registration of MLM activities
specified in Article 7 of this enterprise.
ON BEHALF OF
THE GOVERNMENT
PP THE PRIME MINISTER
DEPUTY PRIME MINISTER
Le Minh Khai
Appendix
(Enclosed with the Government’s Decree No. 18/2023/ND-CP
dated April 28, 2023)
Form
No. 06a
Report
on business performance before termination of MLM activities
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Application
for recognition of Program of legal training on MLM
Form No.
14a
Report
on summary of legal training on MLM
Form
No. 19
Report
on management of MLM activities
Form
No. 20a
Application
for testing and confirmation of legal knowledge on MLM
Form
No. 20b
Application
for testing and confirmation of legal knowledge on MLM for local contacts
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Confirmation
of legal knowledge on MLM
Form
No. 21b
Confirmation
of legal knowledge on MLM for local contacts
Form No. 06a
NAME OF ENTERPRISE
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …
….. , ....................................…
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
REPORT
BUSINESS PERFORMANCE BEFORE TERMINATION OF MLM ACTIVITIES
To : ...................................
Name of
enterprise: ..............................................................................................................
Address:
................................................................................................................................
Contact:
................... Tel: ......................................................
Email: ..............
1. Scope
of MLM business by termination date
a)
Locations of the enterprise's head office, branches, representative offices,
business locations
No.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Head office/branch/representative office/business
location
Address
Head
Phone number
Number of MLM participants
1
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b)
Locations with the enterprise's representatives/contacts
No.
Province/central-affiliated city
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Address
Phone number
Number of MLM participants
1
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Number
of MLM participants by termination date
(Enclose
the list of MLM participants, including their full name, date of birth, permanent/temporary
residence address, ID/passport number, MLM contract number, participant code,
phone number)
3. Revenue
from MLM business from the first day of the year to the date of termination
No.
Product
Value
Revenue exclusive of VAT (million VND)
Revenue inclusive of VAT (million VND)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Dietary
supplements/health supplements
2
Cosmetics
3
Clothing/fashion
garment
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4
Equipment
5
Household
appliances
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Other
7
Total
4. Commission,
bonuses, economic benefits, sale promotion provided for MLM participants from
the beginning of the year to the termination date
Summary
report on the value of commissions, bonuses and other economic benefits
provided in the period; value of sale promotion converted into money in the
period; deduction of personal income tax of MLM participants.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. Fulfillment
of financial obligations to the State from the beginning of the year to the
termination date
No.
Obligation
Value (million VND)
1
License
tax
2
VAT
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3
Export
duty
4
Import
duty
5
Personal
income tax (of employees)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Personal
income tax declared and paid on behalf of MLM participants
7
Corporate
income tax
8
Other
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
(Specify
if there is any tax debt)
6. Sale
promotion programs from the beginning of the year to the termination date
No.
Name of program
Beginning date
Ending date
Registered/announced value of promotion
Realized value of promotion
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3
(Specify
if there in any unfinished program and solution).
7. Repurchase
of goods from MLM participants from the beginning of the year to the
termination date
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
No.
Full name
ID/passport number
Participant code
Phone number
Value of goods returned
Deductions
Amount refunded
Remainder
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Total
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
(Enclose
the list of MLM participants, including their full name, date of birth,
permanent/temporary residence address, ID/passport number, MLM contract number,
participant code; phone number; value of goods returned; value of deduction;
amount refunded; remainder)
8. Implementation
of decisions on penalties for administrative violations in MLM
No.
Issuing authority
Decision number
Violation
Fine
Implementation date
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Total
(Enclose
with a sheet showing implementation of penalty decisions in MLM issued by all
competent authorities, copies of the penalty decisions and fine payment
receipts; specify if there is unfinished penalty decision).
ENTERPRISE'S LEGAL REPRESENTATIVE
(Signature and seal)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
NAME OF TRAINING ESTABLISHMENT
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …
….. , ....................................…
APPLICATION FOR RECOGNITION OF PROGRAM FOR LEGAL TRAINING
ON MLM
To: ………………………..
1. Name
of training establishment (UPPERCASE): …………………………………………
Head
office address: .......................................................................................................
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Decision
to establish the training establishment issued by a competent authority or an
equivalent document: ..................................................................................................................................
We
would like to obtain recognition of a program for legal training on MLM on the
basis of the following documents:
3. Enclosed
documents 1: ……………………………………………………………………
………………………………………………………………………………………………………..
………………………………………………………………………………………………………..
Contact:
..................................... Tel: ................................................................
We hereby
declare that we fully comply with regulations of law on MLM business and are
responsible for the legality, accuracy and truthfulness of the enclosed
documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
____________________
1 Enclosed documents include:
1. Copy
of the establishment decision issued by a competent authority or an equivalent
document;
2. The
program for legal training on MLM;
3. A list
of at least 02 lecturers having bachelor's degrees or higher.
Form No. 14b
NAME OF TRAINING ESTABLISHMENT
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
….. , ....................................…
REPORT
Summary of legal training on MLM
Reporting year: ....
To: ………………………..
........................
1 would like to report our legal training on MLM in 2.........
. To be specific:
I.
GENERAL INFORMATION
1. Name
of training establishment: …………………………………………………
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Contact
information: ………………………………………………………………………
4. Number
of the decision on recognition of the program for legal training on MLM;
II.
RESULT OF LEGAL TRAINING ON MLM
1. Training
result in the reporting period
(Total
number of training courses run in the period; number of trainees, number of
enterprises registering for legal training on MLM)
2. Test
result and issuance of certificates on completion of legal training course on
MLM
(Total
number of persons who took the test and were granted the certificates on
completion of legal training course on MLM, number of persons who failed the
test)
III.
Advantages and disadvantages during organization of training courses and
issuance of certificates on completion of legal training course on MLM
IV.
PROPOSALS AND RECOMMENDATIONS
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Recipient:
REPRESENTATIVE OF TRAINING ESTABLISHMENT
(Signature and seal)
___________________
1 Name of the training establishment.
2 The previous year's report must be submitted before
January 31 of the next year.
Form No. 19
The People’s Committee of ….
DEPARTMENT OF INDUSTRY AND TRADE
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
….. , ....................................…
REPORT
MANAGEMENT OF MLM ACTIVITIES
Reporting year: ....
To : ...................................
Below is
the report of the Department of Industry and Trade of ... on management of MLM
activities in ... in ... :
I.
OPERATION OF MLM ENTERPRISES IN THE PROVINCE
(Total
number of MLM enterprises operating in the province, their business performance
according to the forms in Appendix I and Appendix II below).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Propagation
and dissemination of regulations of law on MLM in the province
2. Results
of completed administrative procedures relevant to MLM activities in the
province
(Specify
conferences, seminars, training courses of on MLM enterprises according to the
form in Appendix III below).
3. Results
of inspection and actions against violations in MLM activities in the province.
(Specify
results of inspection and actions against violations in MLM activities in the
province in the form in Appendix IV below)
III.
ADVANTAGES AND DISADVANTAGES IN MANAGEMENT OF MLM BUSINESS IN THE PROVINCE
IV.
PROPOSALS AND RECOMMENDATIONS
Recipient:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Appendix I
LIST OF MLM ENTERPRISES OPERATING IN THE PROVINCE THIS
PERIOD
No.
Name of enterprise
Location of MLM activities in the province (if any)
Local contact
Date of commencement in the province
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
BUSINESS PERFORMANCE OF MLM ENTERPRISES IN THE PROVINCE
THIS PERIOD
No.
Name of enterprise
Revenue from MLM business in the province
in the reporting year (million VND)
Number of MLM participants in the
province
Number of new MLM participants in the
province
Number of MLM participants whose contracts
are terminated in the province
Number of basic training
Commissions, bonuses and other economic
benefits paid to MLM participants (million VND)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Total commissions, bonuses and other
economic benefits received in the reporting period
Value of sale promotion converted into
money in the reporting period
Deduction of personal income tax
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Total
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Appendix III
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
No.
Name of enterprise
Confirmation by Department of Industry and Trade
Notes
Number of irregular conferences, seminars and training
courses
Number of regular conferences, seminars and training
courses
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Total
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Appendix IV
RESULTS OF INSPECTION AND ACTIONS AGAINST VIOLATIONS IN MLM
ACTIVITIES IN THE PROVINCE THIS PERIOD
No.
Name of enterprise
Address
Penalty decision number
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Issuing authority
Violations
Fines (million VND)
Other remedial measures
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Total
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Form No. 20a
NAME OF ENTERPRISE
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …
….. , ....................................…
APPLICATION FOR TESTING AND CONFIRMATION OF LEGAL KNOWLEDGE
ON MLM
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Name of
enterprise (UPPERCASE): …………………………………………
Head
office address: .......................................................................................................
Legal
representative:
.............................................................................................
MLM
registration certificate No. ........ issued on .............
MLM
business location in the province:
.........................................................
Below
is the list of individuals registered for legal training on MLM.
We assume
the responsibility for the legality, accuracy and truthfulness of the enclosed
documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
LIST OF TRAINEES
(Enclosed with Application form No ... dated. ... of ...
No.
Full name
Gender
Date of birth
ID/passport number
Certificates of completion of legal training course on
MLM
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Date of issue
Issuer
No.
Date of issue
Issuer
1
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
…..
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
ENTERPRISE'S LEGAL REPRESENTATIVE
(Signature and seal)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
NAME OF ENTERPRISE
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …
….. , ....................................…
APPLICATION FOR TESTING AND CONFIRMATION OF LEGAL KNOWLEDGE
ON MLM FOR LOCAL CONTACTS
To: [Name of the testing authority]
Name of
enterprise (UPPERCASE): …………………………………………
Head
office address:
.......................................................................................................
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
MLM
registration certificate No. ........ issued on .............
MLM
business location in the province:
.........................................................
Below
is the list of local contacts registered for confirmation of legal training on
MLM
We assume
the responsibility for the legality, accuracy and truthfulness of the enclosed
documents.
ENTERPRISE'S LEGAL REPRESENTATIVE
(Signature and seal)
LIST OF LOCAL CONTACTS REGISTERED FOR CONFIRMATION OF LEGAL
TRAINING ON MLM
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
No.
Full name
Gender
Date of birth
ID/passport number
Certificates of completion of legal training course on
MLM
No.
Date of issue
Issuing authority
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Date of issue
Issuer
1
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
ENTERPRISE'S LEGAL REPRESENTATIVE
(Signature and seal)
Form No. 21b
ISSUING AUTHORITY
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3x4 photo with overlapping seal
CONFIRMATION OF LEGAL KNOWLEDGE ON MLM
Full
name:
..............................................................................................
Date of
birth:
.............................................................................................
ID/passport
number: ..............................................
Issued
on: ................................ at
........................................................
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Company:
.................................................................................................
This is
to certify that the person named above has passed the test on legal knowledge
on MLM
Effective
period: 03 years from the date of signing.
.............. Date: ..............................
(Signature and seal)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Form No. 21b
ISSUING AUTHORITY
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …………
3x4 photo with overlapping seal
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Full
name: ..............................................................................................
Date of
birth:
.............................................................................................
ID/passport
number: ..............................................
Issued
on: ................................ at ........................................................
Permanent
residence:
...........................................................................
Company:
.................................................................................................
This is
to certify that the person named above has passed the test on legal knowledge
on MLM for local contacts
Effective
period: 03 years from the date of signing.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
.............. Date: ..............................
(Signature and seal)