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THE MINISTRY OF
INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 16/VBHN-BCT
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Hanoi, June 22,
2023
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CIRCULAR
ELABORATING
GOVERNMENT’S DECREE NO. 40/2018/ND-CP DATED MARCH 12, 2018 ON REGULATORY
FRAMEWORK FOR MULTI-LEVEL MARKETING
The Circular No. 10/2018/TT-BCT dated May 24, 2018
of the Minister of Industry and Trade elaborating the Government's Decree No.
40/2018/ND-CP dated March 12, 2018 on regulatory framework for multi-level
marketing, which comes into force from July 15, 2018, is amended by:
The Circular No. 12/2023/TT-BCT dated June 05, 2023
of the Minister of Industry and Trade of Vietnam providing amendments to the
Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and
Trade elaborating the Government's Decree No. 40/2018/ND-CP dated March 12,
2018 on regulatory framework for multi-level marketing, which comes into force
from July 21, 2023.
Pursuant to the Government’s Decree No.
40/2018/ND-CP dated March 12, 2018 providing regulatory framework for multi-level
marketing;
Pursuant to the Government’s Decree No.
98/2017/ND-CP dated August 18, 2017 defining the functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade of Vietnam;
At the request of the Director of Vietnam
Competition and Consumer Authority;
The Minister of Industry and Trade of Vietnam
promulgates a Circular elaborating the Government’s Decree No. 40/2018/ND-CP
dated March 12, 2018 on regulatory framework for multi-level marketing.[1]
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This Circular introduces the framework training
program in multi-level marketing (MLM) laws; organization of exams, issuance
and revocation of certificates of proficiency in MLM laws and certificates of
local contact point's competency.
Article 1. Regulated entities [3]
This Circular applies to institutions providing
training programs in MLM laws, MLM enterprises, persons who wish to obtain
certificate of proficiency in MLM laws or certificate of local contact point's
competency, and other relevant organizations and individuals.
Article 3. Framework training program in MLM
laws
A framework training program in MLM laws
(hereinafter referred to as “training program”) issued by an institution
providing training programs in MLM laws must meet the following minimum
requirements:
1. Training duration: At least 08 hours;
2. The framework training program in MLM laws shall
be issued using the form in Appendix 1 enclosed herewith.
Article 4[4]. (abrogated)
Article 5. Organization of exams for certificate
of proficiency in MLM laws and certificate of local contact point's competency[5]
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a) Check the adequacy and validity of applications
for registration for the exam for certificate of proficiency in MLM laws as
prescribed in Clause 1 Article 39 of the Decree No. 40/2018/ND-CP, as amended
by Clause 28 Article 1 of the Decree No. 18/2023/ND-CP.
b) Plan the time, location and assessment method of
the exam.
c) Announce the planned exam.
d) Organize the exam.
dd) Organize marking of exam papers.
e) Announce exam results.
2. Candidates for certificate of proficiency in MLM
laws and candidates for certificate of local contact point's competency may be
evaluated in an exam or different exams.
Article 6. Forms of exam and evaluation of exam
results [6]
1. An exam for certificate of proficiency in MLM
laws or certificate of local contact point's competency shall be organized in
the form of a constructed-response or multiple-choice question exam with a
minimum duration of at least 60 minutes.
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a) An exam paper for certificate of proficiency in
MLM laws is failed if it is marked less than 80 points, for multiple-choice
question exam papers, or less than 65 points, for constructed-response question
exam papers.
b) An exam paper for certificate of local contact
point's competency is failed if it is marked less than 70 points, for
multiple-choice question exam papers, or less than 50 points, for
constructed-response question exam papers.
Article 7. Certificate of proficiency in MLM
laws and certificate of local contact point's competency [7]
Certificate of proficiency in MLM laws and
certificate of local contact point's competency shall be issued using Form No.
21a and Form No. 21b enclosed with the Decree No. 18/2023/ND-CP respectively.
Article 8. Revocation of certificate of
proficiency in MLM laws and certificate of local contact point's competency[8]
1. Viet Nam Competition Commission shall consider
revoking certificate of proficiency in MLM laws or certificate of local contact
point's competency in the following cases:
a) The application for registration for the exam is
found to contain fraudulent information;
b) The MLM enterprise terminates its MLM
activities;
c) The holder of certificate of proficiency in MLM
laws has his/her employment contract or training contract terminated or the
holder of certificate of local contact point's competency terminates his/her
role as a local contact point with the MLM enterprise. In this case, the MLM enterprise
shall send a notice of such termination to the authority that organized the
exam within 02 working days from the date of such termination.
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a) Within 10 working days from the occurrence of
any of the cases specified in Clause 1 of this Article, Viet Nam Competition
Commission shall issue a decision to revoke the certificate of proficiency in
MLM laws or certificate of local contact point's competency, and send it to the
relevant MLM enterprise. The certificate of proficiency in MLM laws or
certificate of local contact point's competency subject to revocation shall be
invalid from the date of the revocation decision issued by Viet Nam Competition
Commission.
b) Viet Nam Competition Commission shall disclose
information about revocation of certificates of proficiency in MLM laws or
certificates of local contact point's competency sorted by MLM enterprises on
the website of the authority that organized the exam.
Article 9. Effect [9]
1. This Circular comes into force from July 15,
2018.
2. This Circular nullifies the Circular No.
24/2014/TT-BCT dated July 30, 2014 of the Minister of Industry and Trade of Vietnam
elaborating the Government's Decree No. 42/2014/ND-CP dated May 14, 2014 on
regulatory framework for multi-level marketing.
Article 10. Implementation
organization
1. Viet Nam Competition Commission[10] shall, within the ambit of its
assigned functions and tasks, implement this Circular.
2. Relevant organizations and individuals are
responsible for the implementation of this Circular and submission of their
difficulties during the implementation of this Circular to the Ministry of
Industry and Trade of Vietnam for consideration./.
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CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan
[1]
The Circular No. 12/2023/TT-BCT dated June 05, 2023 providing amendments to the
Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and
Trade elaborating the Government's Decree No. 40/2018/ND-CP dated March 12,
2018 on regulatory framework for multi-level marketing is promulgated pursuant
to:
“The Government’s Decree No. 40/2018/ND-CP dated
March 12, 2018 providing regulatory framework for multi-level marketing;
The Government’s Decree No. 18/2023/ND-CP dated
April 28, 2023 providing amendments to the Government’s Decree No.
40/2018/ND-CP dated March 12, 2018 providing regulatory framework for
multi-level marketing;
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 of Vietnam;
And at the request of the President of Viet Nam
Competition Commission;”
[2]
This Article is amended according to Clause 1 Article 1 of the Circular No.
12/2023/TT-BCT providing amendments to the Circular No. 10/2018/TT-BCT dated
May 24, 2018 of the Minister of Industry and Trade elaborating the Government's
Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory framework for
multi-level marketing, which comes into force from July 21, 2023.
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[4]
This Article is abrogated according to Clause 2 Article 2 of the Circular No.
12/2023/TT-BCT providing amendments to the Circular No. 10/2018/TT-BCT dated
May 24, 2018 of the Minister of Industry and Trade elaborating the Government's
Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory framework for
multi-level marketing, which comes into force from July 21, 2023.
[5]
This Article is amended according to Clause 3 Article 1 of the Circular No.
12/2023/TT-BCT providing amendments to the Circular No. 10/2018/TT-BCT dated
May 24, 2018 of the Minister of Industry and Trade elaborating the Government's
Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory framework for
multi-level marketing, which comes into force from July 21, 2023.
[6]
This Article is amended according to Clause 4 Article 1 of the Circular No.
12/2023/TT-BCT providing amendments to the Circular No. 10/2018/TT-BCT dated
May 24, 2018 of the Minister of Industry and Trade elaborating the Government's
Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory framework for
multi-level marketing, which comes into force from July 21, 2023.
[7]
This Article is amended according to Clause 5 Article 1 of the Circular No.
12/2023/TT-BCT providing amendments to the Circular No. 10/2018/TT-BCT dated
May 24, 2018 of the Minister of Industry and Trade elaborating the Government's
Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory framework for
multi-level marketing, which comes into force from July 21, 2023.
[8]
This Article is amended according to Clause 6 Article 1 of the Circular No.
12/2023/TT-BCT providing amendments to the Circular No. 10/2018/TT-BCT dated
May 24, 2018 of the Minister of Industry and Trade elaborating the Government's
Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory framework for
multi-level marketing, which comes into force from July 21, 2023.
[9]
Article 2 of the Circular No. 12/2023/TT-BCT providing amendments to the
Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and
Trade elaborating the Government's Decree No. 40/2018/ND-CP dated March 12,
2018 on regulatory framework for multi-level marketing, which comes into force
from July 21, 2023, stipulates as follows:
“Article 2. Implementation
1. This Circular comes into force from July 21,
2023.
2. Article 4 and Appendixes 2, 3 enclosed with
the Circular No. 10/2018/TT-BCT are abrogated.”
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[11]
This Appendix is abrogated according to Clause 2 Article 2 of the Circular No.
12/2023/TT-BCT providing amendments to the Circular No. 10/2018/TT-BCT dated
May 24, 2018 of the Minister of Industry and Trade elaborating the Government's
Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory framework for
multi-level marketing, which comes into force from July 21, 2023.
[12]
This Appendix is abrogated according to Clause 2 Article 2 of the Circular No.
12/2023/TT-BCT providing amendments to the Circular No. 10/2018/TT-BCT dated
May 24, 2018 of the Minister of Industry and Trade elaborating the Government's
Decree No. 40/2018/ND-CP dated March 12, 2018 on regulatory framework for
multi-level marketing, which comes into force from July 21, 2023.