Procedures for registration of amendments to multi-level Marketing activities in a province in Vietnam

Procedures for registration of amendments to multi-level marketing activities in a province in Vietnam (Internet image)

On January 9, 2024, the Ministry of Industry and Trade of Vietnam issued Decision 49/QD-BCT regarding the amendments to Decision 1299/QD-CT dated May 31, 2023 introducing amended MLM-related procedures under the management of the Ministry of Industry and Trade.

Procedures for registration of amendments to multi-level Marketing activities in a province in Vietnam

(1) The sequence of implementation:

- Multi-level marketing businesses register the amendments to multi-level marketing activities in a province with the Department of Industry and Trade when there is one of the changes related to: a) Headquarters, branches, representative offices, and business locations of local enterprises; b) The focal point of the local enterprise (or the representative of the local enterprise in case of transition specified in Clause 2, Article 3 of Decree 18/2023/ND-CP) within 15 working days from the date of changing this information;

- Receiving documents: Department of Industry and Trade receives the dossier and considers it full and valid. In the event that the dossier is incomplete and valid, within 05 working days from the date of receiving it, the Department of Industry and Trade notifies enterprises in writing to amend it. The enterprises are allowed to amend the dossier once within 15 working days from the date the Department of Industry and Trade issued the notice. After that, the Department of Industry and Trade returns the dossier in case the enterprises do not amend it within the above time limit.

- Confirmation of registration and supplementation of scope of multi-level marketing activities in a province: In the case of a complete, valid application, within 07 working days from the date of receipt of the application, the Department of Industry and Trade sends a written certificate of registration for amendment and supplementation of multi-level marketing activities in a province, Form No. 10, in the Appendix issued together with Decree 40/2018/ND-CP. In case of refusing to confirm, the Department of Industry and Trade shall have to respond in writing to clearly state the reason.

Department of Industry and Trade is responsible for publishing it on the website of the Department of Industry and Trade and notifying the Ministry of Industry and Trade regarding the certification of registration and supplementation of multi-level marketing activities in a province of multi-level marketing enterprises in one of the following ways: via postal service, email, or the system of information technology management of the National Competition Committee.

(2) Submission methods: directly, online, or through postal services.

(3) Components, number of applications:

- Application for amendments and supplements Multi-level Marketing Activities in a Province Form No. 09 in the Appendix issued together with Decree 40/2018/ND-CP;

- Documents related to the content of amendments and supplements include:

+ 01 copy of the business registration certificate or papers of equivalent legal value;

+ 01 copy of the operation certificate of branch operation, representative office, or business registration certificate (if any).

In case there are no headquarters, branches, representative offices, or local business locations, enterprises must provide papers related to local clues, including: 01 certified copy of an identity card, citizen identity card, or passport; 01 original or copy of the judicial record card; 01 copy of authentication confirmation of knowledge for local clues; 01 document specifies the scope of work, rights, and obligations of the parties.

In case of transfer prescribed in Clause 2, Article 3 of Decree 18/2023/ND-CP, documents related to the amended contents include:

+ 01 copy of the business registration certificate or papers of equivalent legal value;

+ 01 authorization document for local representatives, enclosed with 01 copy certified to the identity card/citizen identity, or passport of that representative in case the enterprise has no headquarters, branches, or representative offices in the locality.

Number of documents: 01 set.

(4) Settlement deadlines: 07 working days from the date of receiving a complete and valid dossier.

(5) Subjects of administrative procedures: multi-level marketing enterprises.

(6) Agency for administrative procedures: Department of Industry and Trade, where the business has registered multi-level marketing activities in a province.

(7) Results of administrative procedures: written certification of registration and supplementation of scope of multi-level marketing activities in a province.

More details can be found in Decision 49/QD-BCT, taking effect on January 9, 2024.

Ho Quoc Tuan

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