THE GOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 18/2023/ND-CP | | Hanoi, April 28, 2023 |
DECREE
Amending and supplementing a number of articles of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on the management of multi-level marketing activities[1]
Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;
Pursuant to the June 17, 2020 Law on Investment;
At the proposal of the Minister of Industry and Trade;
The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on the management of multi-level marketing activities.
Article 1. To amend and supplement a number of articles of the Government’s Decree No. 40/2018/ND-CP of March 12, 2018, on the management of multi-level marketing activities
1. To amend and supplement Clause 2, Article 3 as follows:
“2. Multi-level marketing enterprise means an enterprise that has a multi-level marketing registration certificate granted by a competent agency to organize multi-level marketing activities in accordance with this Decree.”
2. To add Clause 8 to Article 3 as follows:
“8. Conference, seminar or training course on multi-level marketing means an activity covering the contents of introducing, honoring, providing information, guidance and training, and sharing information related to multi-level marketing activities.”
3. To amend and supplement Point c, Clause 1, Article 7 as follows:
“c/ Partners, for a partnership; the owner, for a sole proprietorship or single-member limited liability company; members, for a limited liability company with two or more members; shareholders, for a joint-stock company, or the at-law representative of an enterprise must not be an organization(s) or individual(s) that used to hold one of the above positions in the multi-level marketing enterprise having its multi-level marketing registration certificate revoked under the Government’s Decree No. 42/2014/ND-CP of May 14, 2014, on the management of multi-level marketing activities, and this Decree during the period in which such enterprise conducts multi-level marketing activities;”
4. To add Point h to Clause 1, Article 7 as follows:
“h/ In case an organization registering multi-level marketing activities is an enterprise having a foreign investor(s) or foreign-invested economic organization(s) being its owner(s) or member(s) or shareholder(s), such foreign investor(s) or foreign-invested economic organization(s) must have at least 3 consecutive years’ experience in multi-level marketing activities in any country or territory
in the world.”
5. To amend and supplement Clause 3, Article 9 as follows:
“3. One list of the persons specified at Point c, Clause 1, Article 7 of this Decree, enclosed with copies of their valid personal identification papers (people’s identity card or citizen identity card or passport, for individuals holding Vietnamese citizenship; passport and lawful residence paper granted by a competent Vietnamese agency, for foreigners permanently residing in Vietnam; or passport, for foreigners not permanently residing in Vietnam).
One copy of the legal paper on the establishment of the organization, in the case the applicant is an organization.”
6. To amend and supplement Clause 7, Article 9 as follows:
“7. Documents providing technical evaluations stating that the information technology system for management of the network of multi-level marketing participants satisfies the condition specified in Article 44 of this Decree, which must have the following principal contents:
a/ IP address of the server and location of the physical server;
b/ Operating mechanism for the system, including information describing the system, and methods to input, store and manage data;
c/ The information specified in Article 44 of this Decree.”
7. To add Clause 10 to Article 9 as follows:
“10. Copies of the audited financial statements or documents certifying the fulfillment of tax or financial obligations in the last three fiscal years or documents of equivalent validity issued or certified by competent agencies or organizations, proving the enterprise’s satisfaction of the condition specified at Point h, Clause 1, Article 7 of this Decree, in case the enterprise has a foreign investor(s) or foreign-invested economic organization(s) being its owner(s) or member(s) or shareholder(s).”
8. To add Clause 11 to Article 9 as follows:
“11. A business license with the content of licensing the exercise of the right to retail distribution, including retail activities by multi-level marketing mode, in case the enterprise has a foreign investor(s) or foreign-invested economic organization(s) being its owner(s) or member(s) or shareholder(s).”
9. To amend and supplement Point a, Clause 1, Article 10 as follows:
“a/ An enterprise registering its multi-level marketing activities shall submit 1 dossier specified in Article 9 of this Decree (enclosed with an electronic file in “.doc” or “.docx” format, for the documents specified in Clause 4, Article 9 of this Decree, or in “.xls” or “.xlsx” format, for the documents specified in Clause 5, Article 9 of this Decree) to the Ministry of Industry and Trade (by hand-delivery, online or by postal service);”
10. To amend and supplement Point b, Clause 3, Article 12 as follows:
“b/ In case of requesting provision of information or modification/supplementation of the enterprise’s notice mentioned at Point a of this Clause, the Ministry of Industry and Trade shall notify such request to the enterprise within 15 working days after receiving the enterprise’s dossier. The time limit for modification/supplementation is 10 working days. In case the enterprise fails to provide information or modify/supplement the dossier within the above time limit, or the enterprise’s dossier fails to comply with regulations, the Ministry of Industry and Trade shall notify such in writing and return the dossier to the enterprise, clearly stating the reason.
An enterprise may apply the list of goods traded by the multi-level marketing mode if the Ministry of Industry and Trade makes no request regarding the notice mentioned at Point a of this Clause within 15 working days after receiving the enterprise’s dossier;”
11. To amend and supplement Point c, Clause 4, Article 14 as follows:
“c/ The documents specified in Clauses 4 thru 11, Article 9 of this Decree, in case of a change compared to the latest modified/supplemented multi-level marketing registration certificate.”
12. To amend and supplement Point c, Clause 1, Article 16 as follows:
“c/ The enterprise is sanctioned in accordance with law for one of the violations specified in Clause 1, Article 5, Clause 14, Article 40, and Clause 3, Article 47, of this Decree in the course of organizing its multi-level marketing activities;”
13. To amend and supplement Article 18 as follows:
“Article 18. Order and procedures for termination of multi-level marketing activities
1. In case an enterprise terminates its multi-level marketing activities at its own will:
a/ A dossier for notification of termination of multi-level marketing activities must comprise:
A notice of termination of multi-level marketing activities, made according to Form No. 06 provided in the Appendix to this Decree;
A report, made according to Form No. 06a provided in the Appendix to this Decree;
One copy of the latest modified enterprise registration certificate or a paper of equivalent legal validity;
One original of the multi-level marketing registration certificate;
One copy of the decision on termination of multi-level marketing activities issued by the owner of the sole proprietorship or owner of the single-member limited liability company; the decision and minutes of the meeting on termination of multi-level marketing activities issued by the members’ council, for a limited liability company with two or more members, or by the general meeting of shareholders, for a joint-stock company, or by partners, for a partnership.
b/ Order and procedures for termination of multi-level marketing activities:
An enterprise shall submit by hand-delivery, online by postal service a dossier for notification of termination of multi-level marketing activities to the Ministry of Industry and Trade;
In case the dossier fails to comply with Point a of this Clause, the Ministry of Industry and Trade shall issue a notice requesting modification/supplementation of the dossier within 10 working days after receiving the dossier. The time limit for the modification/supplementation of the dossier is 15 working days after the enterprise receives the notice.
In case the enterprise fails to modify/supplement the dossier within the above time limit, or the enterprise’s dossier fails to comply with regulations, the Ministry of Industry and Trade shall notify such in writing and return the dossier to the enterprise, clearly stating the reason.
Within 10 working days after receiving the enterprise’s valid dossier for notification of termination of multi-level marketing activities, the Ministry of Industry and Trade shall issue a receipt of the dossier, and issue a notice thereof to the provincial-level Departments of Industry and Trade nationwide by one of the modes specified in Clause 5, Article 10 of this Decree, and post the notice on its website.
2. In case an enterprise terminates its multi-level marketing activities because its multi-level marketing registration certificate has expired or is revoked:
a/ A dossier for notification of termination of multi-level marketing activities must comprise:
A notice of termination of multi-level marketing activities, made according to Form No. 06 provided in the Appendix to this Decree;
A report, made according to Form No. 06a provided in the Appendix to this Decree;
One copy of the latest modified enterprise registration certificate or a paper of equivalent legal validity;
One original of the multi-level marketing registration certificate.
b/ Order and procedures for termination of multi-level marketing activities:
Within 30 working days after its multi-level marketing registration certificate expires or is revoked, an enterprise shall submit by hand-delivery, online or by postal service a dossier for notification of termination of multilevel marketing activities to the Ministry of Industry and Trade;
In case the dossier fails to comply with Point a of this Clause, the Ministry of Industry and Trade shall issue a notice requesting modification/supplementation of the dossier within 10 working days after receiving the dossier. The time limit for the modification/supplementation of the dossier is 15 working days after the enterprise receives the notice.
In case the enterprise fails to modify/supplement the dossier within the above time limit, or the enterprise’s dossier fails to comply with regulations, the Ministry of Industry and Trade shall notify such in writing and return the dossier to the enterprise, clearly stating the reason.
Within 10 working days after receiving the enterprise’s valid dossier for notification of termination of multi-level marketing activities, the Ministry of Industry and Trade shall issue a receipt of the dossier, and issue a notice thereof to the provincial-level Departments of Industry and Trade nationwide by one of the modes specified in Clause 5, Article 10 of this Decree, and post the notice on its website.”
14. To amend and supplement Clause 2, Article 20 as follows:
“2. If having no head office, branch, representative office or business location in a locality, a multi-level marketing enterprise shall assign a person residing in such locality to act as the focal point to work with state management agencies in the locality. The person acting as the focal point of a multi-level marketing enterprise in a locality must satisfy the following conditions:
a/ Not falling into the case specified at Point a, Clause 2, Article 28 of this Decree;
b/ Having been granted a certification of knowledge in accordance with Article 38 of this Decree;
c/ Being assigned by the enterprise to work with, and provide information and documents related to multi-level marketing activities of the enterprise in, the locality at the request of a state management agency in charge of multi-level marketing.”
15. To amend and supplement Clause 1, Article 21 as follows:
“1. A dossier for registration of multi-level marketing activities in a locality must comprise:
a/ A request for registration of multi-level marketing activities in a locality, made according to Form No. 07 provided in the Appendix to this Decree;
b/ One copy of the enterprise registration certificate or a paper of equivalent legal validity;
c/ One copy of the multi-level marketing registration certificate;
d/ One copy of the branch or representative office operation registration certificate or of the business location registration certificate (if any).
If having no head office, branch, representative office or business location in a locality, a multi-level marketing enterprise shall provide documents related to the person acting as its focal point in such locality, including: one certified copy of the people’s identity card or citizen identity card or passport; one original or one certified copy of the criminal record certificate; and one certified copy of the certification of knowledge for the person acting as the focal point in the locality; and one copy of the assignment document specifying the scope of jobs and rights and obligations of related parties.”
16. To amend and supplement Clause 3, Article 21 as follows:
“3. In case a dossier is not complete or valid as required in Clause 1 of this Article, the provincial-level Department of Industry and Trade shall, within 5 working days after receiving the dossier, notify such to the enterprise for modification/supplementation of the dossier. The time limit for dossier modification/supplementation is 15 working days after the provincial-level Department of Industry and Trade issues a notice. The provincial-level Department of Industry and Trade shall return the dossier in case the enterprise fails to modify/supplement the dossier within the above time limit.
In case a dossier is complete and valid, the provincial-level Department of Industry and Trade shall, within 10 working days after receiving the dossier, send to the enterprise a certification of registration of multi-level marketing activities in the locality, made according to Form No. 08 provided in the Appendix to this Decree. In case of refusal to grant certification, the provincial-level Department of Industry and Trade shall reply in writing, clearly stating the reason.”
17. To add Point dd to Clause 1, Article 23 as follows:
“dd/ The enterprise fails to fully satisfy the conditions for carrying out multi-level marketing activities in the locality as specified in Clause 2, Article 20 of this Decree.”
18. To amend and supplement Point a, Clause 2, Article 24 as follows:
“a/ Publicly display a notice of termination at its head office, branches, representative offices and business locations in the locality (if any), and post the notice on its website within 5 working days from the date of termination of multi-level marketing activities in the locality; and send the notice to the provincial-level Department of Industry and Trade;”
19. To add Clause 3 to Article 24 as follows:
“3. Enterprises are not required to carry out procedures for termination of multi-level marketing activities in localities in case of termination of their multi-level marketing activities nationwide.”
20. To amend and supplement Clause 2, Article 26 as follows:
“2. In case a conference, seminar or training course on multi-level marketing is expected to be attended by 30 or more persons or by 10 or more multi-level marketing participants and is not an internal meeting or event of a multi-level marketing enterprise, the enterprise shall notify such conference, seminar or training course to the provincial-level Department of Industry and Trade before organizing it.
For a conference, seminar or training course on multi-level marketing to be organized online in a province or centrally run city with the participation of multi-level marketing participants, the multi-level marketing enterprise shall notify such conference, seminar or training course to the Department of Industry and Trade of such province or centrally run city.
For a conference, seminar or training course on multi-level marketing to be organized online in more than one province or centrally run city with the participation of multi-level marketing participants, the multi-level marketing enterprise shall notify such conference, seminar or training course to the provincial-level Department of Industry and Trade of the locality where its head office is based.”
21. To amend and supplement Article 27 as follows:
“Article 27. Dossiers, order and procedures for notification of organization of conferences, seminars and training courses on multi-level marketing
1. A dossier for notification of organization of a conference, seminar or training course on multi-level marketing must comprise:
a/ A notice of organization of a conference, seminar or training course on multi-level marketing, made according to Form No. 12 provided in the Appendix to this Decree;
b/ Detailed contents and documents to be presented at the conference, seminar or training course and projected number of participants;
c/ A list of rapporteurs at the conference, seminar or training course, enclosed with contracts signed by the enterprise with these rapporteurs, clearly stating the rights and responsibilities of rapporteurs and contents to be presented;
d/ One original of the power of attorney, in case the enterprise authorizes an individual to conduct the training or organize the conference or seminar;
dd/ Information on the account or link for the participants to access the conference, seminar or training course, in case the conference, seminar or training course is organized online.
2. A multi-level marketing enterprise may notify the organization of more than one conference, seminar or training course on multi-level marketing in the same notice, provided that such conference, seminar or training course is organized within 3 months from the date of submission of the dossier of notification.
3. A multi-level marketing enterprise shall submit by hand-delivery, online or by postal service a dossier for notification of organization of a conference, seminar or training course on multi-level marketing to the provincial-level Department of Industry and Trade at least 15 working days before the expected date of organization of such conference, seminar or training course.
4. In case a dossier fails to comply with Clause 1 of this Article, within 7 working days after receiving it, the provincial-level Department of Industry and Trade shall issue a notice requesting the enterprise to modify/supplement the dossier. The time limit for dossier modification/supplementation is 10 working days after the provincial-level Department of Industry and Trade issues the notice.
5. An enterprise may organize a conference, seminar or training course if the provincial-level Department of Industry and Trade makes no request for modification/supplementation of the dossier within 7 working days after receiving the enterprise’s notice of organization of a conference, seminar or training course on multi-level marketing.
6. Past the time limit specified in Clause 5 of this Article, if wishing to make a change in information in its dossier for notification of organization of a conference, seminar or training course, an enterprise shall issue a notice thereof to the provincial-level Department of Industry and Trade at least 7 working days in advance.
An enterprise may organize a conference, seminar or training course if the provincial-level Department of Industry and Trade makes no request for modification/supplementation of the dossier within 7 working days after receiving the enterprise’s notice.
7. In case the enterprise has notified the organization of a conference, seminar or training course to the provincial-level Department of Industry and Trade but does not organize such conference, seminar or training course, it shall send a notice thereof in paper form or via email to the provincial-level Department of Industry and Trade before the expected date of organization of such conference, seminar or training course as stated in the dossier for notification.”
22. To amend and supplement Clause 1, Article 28 as follows:
“1. A multi-level marketing participant must be a person having full civil act capacity in accordance with law and residing in Vietnam.”
23. To amend and supplement Point b, Clause 2, Article 28 as follows:
“b/ He/she is a foreigner who has no permit to work in Vietnam granted by a competent agency, which is related to the multi-level marketing enterprise employing him/her, unless he/she is exempted from such a permit in accordance with law.”
24. To amend and supplement Point a, Clause 1, Article 36 as follows:
“a/ A request for recognition, made according to Form No. 13a provided in the Appendix to this Decree;”
25. To add Clause 3a to Article 36 as follows:
“3a. In case of a change in information in its dossier of request for recognition of a program on provision of legal knowledge about multi-level marketing, the training institution shall notify such change in writing to the Ministry of Industry and Trade.
Within 30 working days after receiving a dossier of request for recognition, the Ministry of Industry and Trade shall appraise the dossier and issue a notice of recognition of the changed information. In case the changed information has a content(s) that is/are illegal or incompliant with this Decree, the Ministry of Industry and Trade shall notify its non-recognition of the changed information.”
26. To amend and supplement Point a, Clause 3, Article 37 as follows:
“a/ Before January 31 every year, a training institution shall send a review report on the provision of legal knowledge about multi-level marketing in the preceding year, made according to Form No. 14a provided in the Appendix to this Decree, to the Ministry of Industry and Trade;”
27. To amend and supplement Article 38 as follows:
“Article 38. Certification of legal knowledge about multi-level marketing and knowledge for persons acting as focal points in localities
1. A person who has completed a training course on legal knowledge about multi-level marketing shall be registered by a multi-level marketing enterprise to sit an exam of legal knowledge about multi-level marketing or knowledge for persons acting as focal points in localities organized by the Ministry of Industry and Trade.
2. The Ministry of Industry and Trade shall grant a certification of legal knowledge about multi-level marketing or knowledge for persons acting as focal points in localities to persons who have passed the exam.
3. The Ministry of Industry and Trade shall provide specific regulations on the examination for, grant and revocation of, certification of legal knowledge about multi-level marketing and knowledge for persons acting as focal points in localities.”
28. To amend and supplement Article 39 as follows:
“Article 39. Order and procedures for grant of certification of legal knowledge about multi-level marketing or knowledge for persons acting as focal points in localities
1. A multi-level marketing enterprise shall submit by hand-delivery or by post a dossier for registration for examination for certification of legal knowledge about multi-level marketing or knowledge for persons acting as focal points in localities to the Ministry of Industry and Trade. The dossier must comprise:
a/ A request for examination for certification of legal knowledge about multi-level marketing, made according to Form No. 20a provided in the Appendix to this Decree, or a request for examination for certification of knowledge for persons acting as focal points in localities, made according to Form No. 20b provided in the Appendix to this Decree;
b/ A list of persons requested to take an exam for certification of legal knowledge about multi-level marketing or knowledge for persons acting as focal points, which must have the following information: full name, gender, date of birth, and serial number, date and place of issuance of people’s identity card/citizen identity card of each of the persons on the list;
c/ Two 3cm x 4cm photos of each of the persons on the list mentioned at Point b, Clause 1 of this Article;
d/ One copy of the certificate of completion of a training course in legal knowledge about multi-level marketing.
2. Within 15 working days after organizing an exam of legal knowledge about multi-level marketing or knowledge for persons acting as focal points in localities, the Ministry of Industry and Trade shall grant a certification of legal knowledge about multi-level marketing, made according to Form No. 21a provided in the Appendix to this Decree, or a certification of knowledge for persons acting as focal points in localities, made according to Form No. 21b provided in the Appendix to this Decree, to the persons who have passed the exam.
3. In case a certification of legal knowledge about multi-level marketing or knowledge for persons acting as focal points in localities is lost, torn or destroyed, the agency having organized the exam shall re-grant certification, and the requester for re-grant is not required to complete another training course on legal knowledge about multi-level marketing.”
29. To add Clause 13 to Article 40 as follows:
“13. To make sure that at least 20% of multi-level marketing sales in a fiscal year come from customers who are not multi-level marketing participants of the enterprise.”
30. To add Clause 14 to Article 40 as follows:
“14. To refrain from providing information on food by using images, equipment, costumes, names or mails of medical units or facilities, medical doctors, pharmacists or medical workers, thank-you letters or thank-you notes of patients, or articles of medical doctors, pharmacists or medical workers; to refrain from providing information on food by posting, quoting or citing patients’ opinions describing that the food has curative effects.”
31. To add Clause 5 to Article 41 as follows:
“5. To refrain from providing information on food by using images, equipment, costumes, names or mails of medical units or facilities, medical doctors, pharmacists or medical workers, thank-you letters or thank-you notes of patients, articles of medical doctors, pharmacists or medical workers; to refrain from providing information on food by posting, quoting or citing patients’ opinions describing that the food has curative effects.”
32. To amend and supplement Article 43 as follows:
“Article 43. Payout plans
1. A payout plan must clearly state ranks and titles of multi-level marketing participants, conditions satisfied by such participants, commissions, bonuses and other economic benefits payable to multi-level marketing participants of each rank or title.
2. Payout plans shall only apply to multi-level marketing participants of Vietnam-based enterprises.”
33. To amend and supplement Point d, Clause 2, Article 44 as follows:
“d/ Statistics of commissions, bonuses and other economic benefits of multi-level marketing participants.”
34. To amend and supplement Clause 4, Article 49 as follows:
“4. Before the 10th of every month (except January and July), a multi-level marketing enterprise shall send by hand-delivery, by postal service or via email to the provincial-level Department of Industry and Trade of the locality where it has registered multi-level marketing activities a list of multi-level marketing participants residing in the locality in the preceding month (which must clearly state the full name, date of birth, address of place of permanent residence or temporary residence, serial number of people’s identity card, citizen identity card or passport, serial number of contract on participation in multi-level marketing, date of contract signing, code and telephone number of each of the participants).”
35. To add Article 49a as follows:
“Article 49a. Modes of performance of administrative procedures
1. For documents involved in administrative procedures specified in this Decree for which certified copies are required, enterprises may submit copies and present the originals for collation at the time of dossier receipt.
2. In case of online performance of administrative procedures, multi-level marketing enterprises shall register their accounts on the online public service at http://dichvucong.moit.gov.vn; and use their registered accounts to declare and submit dossiers online.
After receiving a notice certifying that its dossier is complete and valid, the enterprise shall send to the Ministry of Industry and Trade a complete registration dossier (in paper form).
In case the information and documents included in the registration dossier in paper form are not consistent with those declared online by the enterprise, the Ministry of Industry and Trade shall notify the return of the dossier.”
36. To amend and supplement Clause 1, Article 50 as follows:
“1. Escrow means a money amount which secures the fulfillment by a multi-level marketing enterprise of its obligations toward multi-level marketing participants and the State in the cases specified in Clause 1, Article 53 of this Decree.
The obligations of multi-level marketing enterprises toward multi-level marketing participants mean obligations arising from lawful multi-level marketing activities, including the obligation to make payouts according to payout plans, the obligation to repurchase goods in case participants return goods in accordance with Article 47 of this Decree, and the obligation to return money in the cases specified in Article 46 of this Decree.”
37. To amend and supplement Article 53 as follows:
“Article 53. Handling of paid escrow amounts
1. Escrow may be used in the following cases:
a/ An enterprise terminates its multi-level marketing activities but fails to abide by the competent agency’s effective decision on sanctioning of violations in multi-level marketing activities;
b/ A multi-level marketing enterprise terminates its multi-level marketing activities under Clause 1, Article 17 of this Decree but fails to fulfill all the obligations related to multi-level marketing activities toward multi-level marketing participants, and there is a court’s legally effective judgment on the settlement of disputes between the multi-level marketing enterprise and multi-level marketing participants over such obligations.
2. Order and procedures for use of escrow in the case specified at Point a, Clause 1 of this Article:
a/ In case an enterprise terminates its multi-level marketing activities but fails to abide by the competent agency’s effective decision on sanctioning of violations in multi-level marketing activities, the agency having issued such sanctioning decision shall send a proposal to the Ministry of Industry and Trade for the latter to issue a request for the bank where the enterprise opens its escrow account to make deductions from such account for executing the sanctioning decision;
b/ Within 10 working days after receiving the proposal, the Ministry of Industry and Trade shall issue a request for the bank where the enterprise opens its escrow account to make deductions from such account for executing the sanctioning decision.
3. Order and procedures for use of escrow in the case specified at Point b, Clause 1 of this Article:
a/ Based on the court’s legally effective judgment or ruling, a multi-level marketing participant shall fulfill the request for judgment enforcement in accordance with the law on enforcement of civil judgments;
b/ In case it is allowed to use escrow under Clause 1, Article 50 of this Decree, the judgment enforcement agency shall send a proposal to the Ministry of Industry and Trade, enclosed with a copy of the legally effective judgment, a copy of the judgment enforcement decision, and the decision on deduction of money from the enterprise’s escrow account for judgment enforcement;
c/ Within 10 days after receiving the proposal from the judgment enforcement agency, the Ministry of Industry and Trade shall notify such to the judgment enforcement agency and the bank where the enterprise opens its escrow account for the latter to make deductions from such account for judgment enforcement.
In case it is determined that the dispute under the judgment does not fall into the cases eligible for use of escrow specified in Clause 1, Article 50 of this Decree, the Ministry of Industry and Trade shall notify such to the judgment enforcement agency for the latter to perform other judgment enforcement measures in accordance with law.
4. The Ministry of Industry and Trade shall permit the use of escrow as soon as it receives a valid dossier of request therefor.
5. After being used under Clauses 1, 2, 3 and 4 of this Article, if the escrow amount has not been used up but the enterprise has not yet fulfilled other obligations according to the court’s effective judgment, the remaining escrow amount shall be transferred to a competent judgment enforcement agency for judgment enforcement in accordance with law.”
38. To amend and supplement Clause 4, Article 55 as follows:
“4. The Ministry of Finance:
a/ To conduct tax administration for multi-level marketing activities in accordance with the tax laws;
b/ To promptly, accurately and objectively publicize information about multi-level marketing activities in accordance with the law on tax administration.”
39. To amend and supplement Point g, Clause 1, Article 56 as follows:
“g/ To send annual reports before February 15 of the subsequent year, made according to Form No. 19 provided in the Appendix to this Decree, or unscheduled reports at the request of the Ministry of Industry and Trade, on the management of multi-level marketing activities in their localities;”
40. To replace the phrase “submit by hand-delivery or by post” at Point a, Clause 3, Article 12; Clause 1, Article 13; Clause 2, Article 21; Clause 2, Article 22; Clauses 1 and 2, Article 25; Clause 1, Article 52; and Point a, Clause 4, Article 52 with the phrase “submit by hand-delivery or online or by postal service”; to replace the word “post” at Point a, Clause 5, Article 10 with the phrase “postal service”.
41. To replace the phrase “representative of the multi-level marketing enterprise” at Point b, Clause 1, Article 22 with the phrase “person acting as the focal point of the enterprise”; to replace the phrase “local representative” in Forms No. 7, 8, 11, 15 and 16 with the phrase “person acting as focal point in locality”.
42. To add Forms No. 06a, 13a, 14a, 19, 20a, 20b, 21a and 21b in the Appendix to this Decree.
Article 2. Implementation responsibility
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 chairpersons of provincial-level People’s Committees shall implement this Decree.
Article 3. Effect
1. This Decree takes effect on June 20, 2023.
2. Within 12 months from the effective date of this Decree, multi-level marketing enterprises already granted a certification of registration of multi-level marketing activities in localities shall satisfy the conditions for registration of multi-level marketing activities in localities specified in this Decree.
3. Multi-level marketing enterprises already granted multi-level marketing registration certificates in accordance with law may continue to operate until the expiry dates of such certificates. At the time of request for extension of their multi-level marketing registration certificates, multi-level marketing enterprises shall satisfy the conditions for registration of multi-level marketing activities specified in Article 7 of this Decree.-
On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI
* The Appendix to this Decree is not translated
[1] Công Báo Nos 693-694 (10/5/2023)
Vietnamese
Decree 18/2023/NĐ-CP DOC (Word)
Decree 18/2023/NĐ-CP PDF (Original)
