Central-level administrative procedures to terminate multi-level marketing activities in Vietnam

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Central-level administrative procedures to terminate multi-level marketing activities in Vietnam

Pursuant to Clause 6, Section A, Part II of Decision 1299/QD-BCT on central-level administrative procedures to terminate multi-level marketing activities in Vietnam:

*In case the enterprise voluntarily terminates multi-level marketing activities in Vietnam

- The order of execution

+ Enterprises submit a dossier of notice of termination of multi-level marketing activities to the National Competition Commission (5th floor, 25 Ngo Quyen - Hoan Kiem, Hanoi).

+ Receipt of documents:

Enterprises submit a dossier of notice of termination of multi-level marketing activities to the National Competition Commission. In case the application does not meet the requirements specified at Point a, Clause 1, Article 18 of Decree 18/2023/NĐ-CP, the National Competition Commission shall issue a notice of amendment and supplementation within 10 working days from the date of receipt of the application. Enterprises must make amendments and supplements within 15 working days from the date of receipt of the notice.

In case the enterprise fails to amend and supplement the dossier on time or the enterprise's dossier does not meet the regulations, the National Competition Commission shall notify the enterprise in writing of the return of the dossier, clearly stating the reason for the return of the dossier.

Within 10 working days from the date of receipt of a valid notification of termination of multi-level marketing activities, the National Competition Commission shall issue a written confirmation of receipt of the notification of termination of multi-level marketing activities, and notify the Departments of Industry and Trade nationwide by one of the following methods: Sent by postal service; Email; and the multi-level marketing management information technology system of the National Competition Commission.

The National Competition Commission shall announce on its website the confirmation of receipt of dossiers of notice of termination of multi-level marketing activities by enterprises.

- Method of implementation: In person, online, or by postal service.

- Composition, number of records:

+ Notice of termination of multi-level marketing activities according to Form No. 06 in the Appendix issued together with Decree 40/2018/NĐ-CP;

+ Report according to Form No. 06a in the Appendix issued with Decree 18/2023/NĐ-CP;

+ 01 copy of the most recently revised business registration certificate or paper of equivalent legal value;

+ 01 original certificate of registration of multi-level marketing activities;

+ 01 copy of the decision on termination of multi-level marketing activities of the owner of the private enterprise or the owner of a one-member limited liability company; decision and meeting minutes on the termination of multi-level marketing activities of the Members' Council if it is a limited liability company with two or more members, of the general meeting of shareholders if it is a joint-stock company; of the general partners if it is a partnership;

Number of records: 01 set.

- Processing time: 10 working days from the date of receiving complete and valid dossiers.

- Subjects carrying out administrative procedures: multi-level marketing enterprises voluntarily terminate multi-level marketing activities.

- Authority to handle administrative procedures: National Competition Commission.

- Results of administrative procedures: A written confirmation of receipt of the notification of termination of multi-level marketing activities.

- Fees and charges: Not specified.

- Name of the application form, declaration form:

+ Form No. 06 - Notice of termination of multi-level marketing activities in the Appendix issued together with Decree 40/2018/NĐ-CP.

+ Form No. 06a - Report on operation situation before terminating multi-level marketing activities in the Appendix issued together with Decree 40/2018/NĐ-CP.

- Requirements and conditions: none.

- Legal basis of administrative procedures:

+ Decree 40/2018/NĐ-CP;

+ Decree 03/2023/NĐ-CP;

+ Decree 18/2023/NĐ-CP.

*In case the enterprise terminates multi-level marketing activities due to the expiration or revocation of the multi-level marketing registration certificate

- The order of execution

+ Within 30 working days from the date on which the certificate of registration of multi-level marketing activities expires or is revoked, enterprises are responsible for submitting the notice of termination of multi-level marketing activities to the National Competition Commission (5th floor, 25 Ngo Quyen + Hoan Kiem, Hanoi).

+ Receipt of dossiers: Enterprises submit a dossier of notice of termination of multi-level marketing activities to the National Competition Commission. In case the application does not meet the requirements of Point a, Clause 1, Article 18 of Decree 40/2018/NĐ-CP, the National Competition Commission shall issue a notice of amendment and supplement within 10 working days from the date of receipt of the application. Enterprises must make amendments and supplements within 15 working days from the date of receipt of the notice.

In case the enterprise fails to amend and supplement the dossier on time or the enterprise's dossier does not meet the regulations, the National Competition Commission shall notify the enterprise in writing of the return of the dossier, clearly stating the reason for the return of the dossier.

Within 10 working days from the date of receipt of a valid notification of termination of multi-level marketing activities, the National Competition Commission shall issue a written confirmation of receipt of the notification of termination of multi-level marketing activities, and notify the Departments of Industry and Trade nationwide by one of the following methods: Sent by postal service; Email; multi-level marketing management information technology system of the National Competition Commission.

The National Competition Commission shall announce on its website the confirmation of receipt of dossiers of notice of termination of multi-level marketing activities by enterprises.

- Method of implementation: In person, online, or by postal service.

- Composition, number of records:

+ Notice of termination of multi-level marketing activities according to Form No. 06 in the Appendix issued together with Decree 40/2018/NĐ-CP;

+ Report according to Form No. 06a in the Appendix issued with Decree 18/2023/NĐ-CP;

+ 01 copy of the most recently revised business registration certificate or paper of equivalent legal value;

+ 01 original certificate of registration of multi-level marketing activities;

Number of records: 01 set.

- Time limit for settlement: 10 working days from the date of receipt of complete and valid dossiers.

- Subjects carrying out administrative procedures: The multi-level marketing enterprise terminates its multi-level marketing activities because the multi-level marketing registration certificate expires or is revoked.

- Authority to handle administrative procedures: National Competition Commission.

- Results of administrative procedures: A written confirmation of receipt of the notice of termination of multi-level marketing activities.

- Fees and charges: Not specified.

- Name of the application form, declaration form:

+ Form No. 06 - Notice of termination of multi-level marketing activities + in the Appendix issued together with Decree 40/2018/NĐ-CP.

+ Form No. 06a - Report on operation situation before terminating multi-level marketing activities in the Appendix issued together with Decree 40/2018/NĐ-CP.

- Requirements and conditions: none.

- Legal basis of administrative procedures:

+ Decree 40/2018/NĐ-CP;

+ Decree 03/2023/NĐ-CP;

+ Decree 18/2023/NĐ-CP.

   Nguyen Pham Nhut Tan

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