Procedures for accreditation of multi-level marketing basic training program in Vietnam

Procedures for accreditation of multi-level marketing basic training program in Vietnam (Internet image)

Basic legal training program on multi-level marketing (MLM) in Vietnam

According to Article 31 of Decree 40/2018/ND-CP stipulating the basic legal training program on multi-level marketing (MLM) in Vietnam:

- The basic training program is compulsory for participants in the MLM network.

- A basic training program includes the following contents:

+ The law on multi-level marketing;

+ Ethic standards of a participant in the MLM;

+ Basic contents of a MLM contract, business rule and compensation plan;

+ The policy for assessment of a participant's completion of the basic training program in conformity with training contents and method.

- The minimum duration of a basic training program is 08 hours.

Pursuant to Appendix 1 stipulating the framework training program in legal knowledge about multi-level marketing activities in Vietnam (Issued together with Circular 10/2018/TT-BCT):

* Overview of multi-level marketing activities

- Concepts and characteristics of multi-level marketing

- Developments of multi-level marketing in Vietnam and around the world

* Legislation on management of multi-level marketing activities

- Applicable legislative documents

- Management authorities

- Legal issues relating to multi-level marketing companies (regulations on business registration, issues to be complied with during operation, banned acts)

- Legal issues relating to participants in multi-level marketing activities (contract signing, basic training, issuance of membership card, issues to be complied with during operation, banned acts)

- Basic law provisions on goods permitted for sale through multi-level marketing

- Handling violations for multi-level marketing companies, participants in multi-level marketing activities

* Professional ethics of multi-level marketing

- Proper attitudes toward consumers

- Code of conduct between companies and participants

- Code of conduct among companies

* Legislation on consumer protection

- Legal overview of consumer protection

- Consumers’ rights;

- Companies’ liability to consumers (on information providing, warranty policy, product recall, etc.)

- Penalties for violations against consumer protection laws

* Legislation on advertising

- Overview of advertising

+ The basic concepts

+ Applicable legislative documents

- Notable advertising-related issues in multi-level marketing activities

+ Prohibited behavior in advertising activities

+ Advertising conditions

+ Rights and obligations of relevant entities in advertising activities

+ Advertising of food supplements and cosmetics

Procedures for accreditation of multi-level marketing basic training program in Vietnam

Pursuant to Clause 7, Section A, Part II of Decision 1299/QD-BCT on administrative procedures for recognition of basic legal training programs on multi-level marketing at the central level, as follows:

- The order of execution

+ A legal knowledge training institution on multi-level marketing that wishes to submit an application for recognition of the legal knowledge training program on multi-level marketing to the National Competition Commission.

+ Receipt of dossiers and check for completeness and validity: Within 07 working days from the date of receiving the application for recognition, the National Competition Commission shall consider the validity of the dossier. In the event that the dossier is invalid, the National Competition Commission shall send a written request to the training institution to supplement the dossier.

+ Appraisal of dossiers: Within 30 working days from the date of receiving valid dossiers of application for recognition, the National Competition Commission shall organize the appraisal of dossiers and issue a recognition decision.

+ In case there is a change in information in the application file for recognition of the recognized legal knowledge training program on multi-level marketing, the training institution must notify the National Competition Commission in writing. .

Within 30 working days from the date of receipt of the application for recognition, the National Competition Commission shall organize the appraisal of the application and issue a notice of recognition of the changed information content. In the event that the changed information has illegal content or is not in accordance with the provisions of Decree 40/2018/ND-CP, the National Competition Commission will not recognize the changed content.

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

- Composition, number of records:

+ Form No. 13 a - Application form for recognition of legal knowledge training program on multi-level marketing - in the Appendix attached to Decree 40/2018/ND-CP;

+ A copy of the decision on the establishment of a training facility issued by a competent authority in accordance with law or an equivalent legal document;

+ Training program on legal knowledge of multi-level marketing;

+ The list includes at least 02 (two) lecturers with university degrees or higher.

Number of records: 01 set.

- Time limit for settlement: 30 working days from the date of receiving complete and valid dossiers.

- Subjects carrying out administrative procedures: Establishments requesting recognition of training programs on legal knowledge on multi-level marketing.

- Authority to handle administrative procedures: National Competition Commission.

- Results of administrative procedures: Decision on recognition of legal knowledge training program on multi-level marketing/Notice on recognition of changed information content in case the training institution changes information in the application file for recognition of the legal knowledge training program on multi-level marketing.

- Fees and charges: Not specified.

- Name of application form, declaration form: Form No. 13a - Application for recognition of legal knowledge training program on multi-level marketing - in the Appendix issued together with Decree 40/2018/ND-CP.

Requirements and conditions:

There is a training program on legal knowledge of multi-level marketing that meets the conditions prescribed by the National Competition Commission.

- 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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