21:35 | 18/05/2023

Shall the People's Committees of the provinces and centrally-run cities report annually before February 15 on the management of multi-level marketing activities in Vietnam?

Shall the People's Committees of the provinces and centrally-run cities report annually before February 15 on the management of multi-level marketing activities in Vietnam? - Ms. Yen (Hue)

Shall the People's Committees of the provinces and centrally-run cities report annually before February 15 on the management of multi-level marketing activities in Vietnam?

Pursuant to the provisions of Clause 1, Article 56 of Decree 40/2018/ND-CP (amended and supplemented by Clause 39, Article 1 of Decree 18/2023/ND-CP) as follows:

Responsibility of people’s committees of provinces and central-affiliated cities
1. Each Provincial People’s Committee shall, within the ambit of its assigned functions and powers, perform state management of the MLM in such province, including:
a) Promulgate the mechanism for cooperation between local regulatory authorities in conducting inspections of the MLM in such province;
b) Issue and revoke the certificates of registration of MLM activities in a province, and certify any receipt of the documentation of notification of termination of MLM activities in a province;
c) Inspect the MLM activities;
d) Take actions, within its competence, or request competent authorities to take actions against violations against regulations on the MLM;
dd) Report or request competent authorities to take actions against violations against regulations on management of the MLM;
e) Organize training programs for officials and public employees in charge of exercising state management of the MLM; disseminate laws on the MLM to enterprises and participants;
g) Submit annual reports before February 15 of the succeeding year according to Form No. 19 enclosed herewith, or submit ad hoc reports at the request of the Ministry of Industry and Trade on management of local MLM activities;
h) Fulfill other responsibilities as regulated in this Decree.

According to the above regulations, from June 20, 2023, the People's Committees of the provinces and centrally-run cities are responsible for making annual reports before February 15 of the following year to the Ministry of Industry and Trade on the management of multi-level marketing activities in the area.

In addition, the People's Committees of the provinces and centrally-run cities are also responsible for making irregular reports at the request of the Ministry of Industry and Trade on the management of multi-level marketing activities in the area.

Shall the People's Committees of the provinces and centrally-run cities report annually before February 15 on the management of multi-level marketing activities in Vietnam? (Image from the Internet)

To supplement the responsibilities of the Ministry of Finance in the state management of multi-level marketing activities in Vietnam from June 20, 2023?

Pursuant to the provisions of Article 55 of Decree 40/2018/ND-CP (amended and supplemented by Clause 38, Article 1 of Decree 18/2023/ND-CP) as follows:

Responsibility of ministries and ministerial-level agencies
1. Ministries and ministerial-level agencies shall, within the ambit of their assigned functions and powers, cooperate with the Ministry of Industry and Trade to perform the state management of the MLM.
2. The Ministry of Public Security shall:
a) Cooperate with the Ministry of Industry and Trade, the People’s Committees of provinces and central-affiliated cities, and relevant ministries and ministerial-level agencies to increase the efficiency of the state management of the MLM.
b) Prevent and combat crimes and violations against regulations on the MLM;
c) Receive and take actions against denunciation of crimes against regulations on the MLM; investigate crimes and perform other judicial duties as regulated.
3. The Ministry of Health shall:
a) Inspect and take actions against violations against regulations on business conditions for products sold through the MLM under its management as regulated;
b) Inspect and take actions against violations committed by MLM companies during the manufacturing, preparation, processing, storage, transport, import, export, and trading of foods, cosmetics and other products within its competence;
c) Inspect and take actions against violations against regulations on advertising, conferences, meetings, dissemination, and provision of information concerning cosmetics, functional foods and other products sold by MLM companies within its competence.
4. Ministry of Finance:
a) Carry out administration of taxes on MLM activities in accordance with tax laws;
b) Promptly, accurately and objectively announce information about MLM activities in accordance with tax administration laws.
...

According to the above regulations, from June 20, 2023, the Ministry of Finance is responsible for the state management of business activities in the multi-level mode, including:

- Carry out administration of taxes on MLM activities in accordance with tax laws;

- Promptly, accurately and objectively announce information about MLM activities in accordance with tax administration laws.

What is the form of the report on the management of multi-level marketing activities in Vietnam of the People's Committees of the provinces and centrally-run cities?

Pursuant to the provisions of Form No. 19 of the Appendix issued together with Decree 18/2023/ND-CP stipulating the form of reports on the management of multi-level marketing activities of the People's Committees of the provinces and cities directly under their control. The center has the following form:

Download the sample report on the management of multi-level marketing activities of the People's Committees of the provinces and centrally-run cities: here

Decree 18/2023/ND-CP will take effect from June 20, 2023


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