Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Ministry of Industry and Trade on detailing a number of articles of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on management of multi-level marketing activities

CIRCULAR

Detailing a number of articles of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on management of multi-level marketing activities^[1]

Pursuant to the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on management of multi-level marketing activities;

Pursuant to the Government’s Decree No. 98/2017/ND-CP of August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Vietnam Competition and Consumer Authority;

The Minister of Industry and Trade promulgates the Circular detailing a number of articles of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on management of multi-level marketing activities.

Article 1. Scope of regulation

This Circular prescribes framework training programs on legal knowledge about multi-level marketing; the examination of legal knowledge about multi-level marketing, and grant and revocation of certification of legal knowledge about multi-level marketing.

Article 2. Subjects of application

This Circular applies to establishments providing training in legal knowledge about multi-level marketing, multi-level marketing enterprises, persons wishing to take an examination and receive certification of legal knowledge about multi-level marketing, and other related organizations and individuals.

Article 3. Framework training programs on legal knowledge about multi-level marketing

The framework training program on legal knowledge about multi-level marketing (below referred to as the training program) issued by an establishment providing training in legal knowledge about multi-level marketing must have the following contents:

1. The training duration: at least 8 hours;

2. The framework training program on legal knowledge about multi-level marketing, which shall be made according to the form provided in Appendix 1 to this Circular.

Article 4. Form of written requests for examination and certification of legal knowledge about multi-level marketing

Written requests for examination and certification of legal knowledge about multi-level marketing shall be made according to the form provided in Appendix 2 to this Circular.

Article 5. Order of examination of legal knowledge about multi-level marketing

The Vietnam Competition and Consumer Authority shall organize or authorize in writing establishments providing training in legal knowledge about multi-level marketing to organize the examinations of legal knowledge about multi-level marketing according to the following order:

1. Examining the completeness and validity of the registration dossier for examination and certification of legal knowledge about multi-level marketing under Clause 1, Article 39 of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on management of multi-level marketing activities.

2. Making plans on the time, place and method of the examination.

3. Announcing the examination plan.

4. Organizing the examination.

5. Assessing examination results.

6. Announcing examination results.

Article 6. Examination form and assessment of examination results

1. The examination of legal knowledge about multi-level marketing shall be conducted in the form of essay or multiple-choice test with the duration of at least 60 minutes.

2. Answers shall be scored using a 100-point scale; those who score below 90 in a multiple-choice test and below 75 in an essay test will fail the examination.

Article 7. Certification of legal knowledge about multi-level marketing

1. Written certifications of legal knowledge about multi-level marketing shall be made according to the form provided in Appendix 3 to this Circular for grant to those who pass the examination as prescribed in Clause 2, Article 39 of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on management of multi-level marketing activities.

2. In case a written certification of legal knowledge about multi-level marketing is lost, torn or destroyed, the Vietnam Competition and Consumer Authority shall re-grant it without requiring the requester for re-grant to re-complete a training course of legal knowledge about multi-level marketing.

Article 8. Revocation of written certifications of legal knowledge about multi-level marketing

1. The Vietnam Competition and Consumer Authority shall revoke a written certification of legal knowledge about multi-level marketing in the following cases:

a/ The examination registration dossier of the person granted the written certification is detected to contain deceitful information;

b/ The concerned multi-level marketing enterprise terminates its multi-level marketing activities;

c/ The person granted the written certification of legal knowledge about multi-level marketing terminates his/her labor contract or training contract with a multi-level marketing enterprise. Multi-level marketing enterprises shall notify the Vietnam Competition and Consumer Authority of the termination of labor contracts or training contracts with persons with written certifications of legal knowledge about multi-level marketing.

2. Procedures and order of revocation of a written certification of legal knowledge about multi-level marketing:

a/ Within 10 working days after an event prescribed in Clause 1 of this Article occurs, the Vietnam Competition and Consumer Authority shall issue and send a decision on revocation of a written certification of legal knowledge about multi-level marketing to the concerned multi-level marketing enterprise. The written certification of legal knowledge about multi-level marketing shall be invalidated on the date the Vietnam Competition and Consumer Authority issues the revocation decision;

b/ The Vietnam Competition and Consumer Authority shall announce on its website and the Ministry of Industry and Trade’s website the revocation of written certifications of legal knowledge about multi-level marketing of each multi-level marketing enterprise.

Article 9. Effect

1. This Circular takes effect on July 15, 2018.

2. This Circular annuls the Minister of Industry and Trade’s Circular No. 24/2014/TT-BCT of July 30, 2014, detailing a number of articles of the Government’s Decree No. 42/2014/ND-CP of May 14, 2014, on management of multi-level marketing activities.

Article 10. Organization of implementation

1. The Vietnam Competition and Consumer Authority shall, within the ambit of its functions and tasks, implement this Circular.

2. Related organizations and individuals shall implement this Circular and, if meeting with any arising problems, send their opinions and recommendations to the Ministry of Industry and Trade for guidance and handling.-

Minister of Industry and Trade
TRAN TUAN ANH

* The appendices to this Circular are not translated.