Is it allowed to use images of doctors and health workers to advertise multi-level marketing in Vietnam in the near future?
- Is it allowed to use images of doctors and health workers to advertise multilevel marketing in Vietnam in the near future?
- A multi-level marketing company must make sure that at least 20% of the revenue from multi-level marketing is from customers who are not the enterprise's multi-level marketing participants?
- What are the responsibilities of a participant in the multi-level marketing network from June 20, 2023?
Is it allowed to use images of doctors and health workers to advertise multilevel marketing in Vietnam in the near future?
Pursuant to the provisions of Article 40 of Decree No. 40/2018/ND-CP (added by Clause 29, Article 1 of Decree No. 18/2023/ND-CP and Clause 30, Article 1 of Decree No. 18/2023/ND-CP) stipulating as follows:
Responsibility of a multilevel marketing company in Vietnam
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6. Assume responsibility for the sale of products by participants if it is carried out at the multi-level marketing company's head office, branches, representative offices, business locations or conferences, meetings or training programs.
7. Deduct personal income tax from a participant’s commissions, bonuses or other economic benefits and pay it to state budget on his/her behalf, unless otherwise prescribed by law.
8. Operate the information technology system for managing participants, which must meet the requirements in Article 44 herein, in conformity with the technical explanation included in the application for registration of multi-level marketing and in a manner so as to ensure that participants may access and find out basic information about their multi-level marketing activities.
9. Operate and regularly update the multi-level marketing company’s website in Vietnamese version, which must meet the requirements in Article 45 herein, in order to publish information concerning its profiles and multi-level marketing status.
10. Operate a communications system to receive and take actions against complaints and queries of multi-level marketing participants, including telephone, email and contact address.
11. Provide the rights to access to the multi-level marketing company’s information technology system for managing participants at the written request of a competent authority in charge of managing the multi-level marketing.
12. Comply with law regulations on business conditions and sale of products through the multi-level marketing.
13. Make sure that at least 20% of the revenue from multi-level marketing in a fiscal year is from customers who are not the enterprise's multi-level marketing participants.
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.
According to the above regulations, from June 20, 2023, multi-level marketing companies are not allowed to use images of doctors to provide information about food.
In addition, multi-level marketing companies are also not allowed to use images, equipment, costumes, names, correspondences of health facilities, health units, physicians, pharmacists, health workers, testimonials of patients, articles written by physicians, pharmacists, and health workers.
At the same time, it is not allowed to provide information about food that represents or quotes patients' opinions that the food has medicinal use.
Is it allowed to use images of doctors and health workers to advertise multilevel marketing in Vietnam in the near future?
A multi-level marketing company must make sure that at least 20% of the revenue from multi-level marketing is from customers who are not the enterprise's multi-level marketing participants?
Pursuant to the provisions of Article 40 of Decree No. 40/2018/ND-CP (added by Clause 29, Article 1 of Decree No. 18/2023/ND-CP and Clause 30, Article 1 of Decree No. 18/2023/ND-CP) stipulating as follows:
Responsibility of a multilevel marketing company in Vietnam
…
13. Make sure that at least 20% of the revenue from multi-level marketing in a fiscal year is from customers who are not the enterprise's multi-level marketing participants.
Thus, the multi-level marketing company is responsible for making sure that at least 20% of the revenue from multi-level marketing is from customers who are not the enterprise's multi-level marketing participants.
What are the responsibilities of a participant in the multi-level marketing network from June 20, 2023?
Pursuant to the provisions of Article 41 of Decree No. 40/2018/ND-CP (added by Clause 31, Article 1 of Decree No. 18/2023/ND-CP), the responsibilities of a participant in the multi-level marketing network are as follows:
- Carry out marketing, sale and recruitment of downline distributors only after having granted a membership card.
- Present the membership card before introducing or selling products.
- Comply with terms and conditions of the signed multi-level marketing contract and the multi-level marketing company’s business rule.
- Provide sufficient and accurate information concerning the multi-level marketing company, products sold through the multi-level marketing, the compensation plan and business rule of the multi-level marketing company.
- 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.
Decree No. 18/2023/ND-CP takes effect from June 20, 2023.
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