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]

...

...

...

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]

...

...

...

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.

...

...

...

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.

...

...

...

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./.

...

...

...

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.

...

...

...

[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.”

...

...

...

[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.

Văn bản hợp nhất 16/VBHN-BCT năm 2023 hợp nhất Thông tư hướng dẫn Nghị định 40/2018/NĐ-CP về quản lý hoạt động kinh doanh theo phương thức đa cấp do Bộ Công Thương ban hành