Vietnam: Procedures for issuance of a MLM registration certificate

According to Decree No. 40/2018/ND-CP of Vietnam’s Government, procedures for issuance of a MLM registration certificate are as follows:

Receipt of application

- The applicant shall submit an application, including the documents specified in Article 9 herein (enclosed with their files in ".doc" and ".xls" formats), to the Ministry of Industry and Trade (by hand or by post);

- Within 05 working days from the receipt of the application, the Ministry of Industry and Trade shall check its adequacy and validity.

+ If an application is insufficient or invalid, the Ministry of Industry and Trade shall request the applicant in writing to modify or supplement the application;

+ Within 30 days from the receipt of the written request from the Ministry of Industry and Trade, if the applicant fails to modify or supplement the application as requested, the Ministry of Industry and Trade shall return the received application.

Processing of application

- Upon the receipt of a sufficient and valid application, the Ministry of Industry and Trade shall notify the applicant of the application processing fees. The Ministry of Industry and Trade shall return the application if it does not receive the full payment of processing fees within 30 days from the notification date;

- The Ministry of Industry and Trade shall process the application within 20 working days from the receipt of processing fees in full;

- Application processing steps:

+ Obtain a written verification of the accuracy of the deposit confirmation from the bank where the applicant deposits money;

+ Consider the conformity of the documents included in the application for the MLM registration certificate with regulations herein.

If the application fails to meet all of the requirements herein, the Ministry of Industry and Trade shall request the applicant in writing to modify or supplement the application. The applicant may only supplement the application once within 30 days from the receipt of the written request from the Ministry of Industry and Trade.

The Ministry of Industry and Trade shall consider the supplemented documents within 15 working days from the receipt of such documents.

Return of application

If the applicant fails to modify or supplement the application within the time limit specified above or the application still fails to meet the requirements herein after it has been modified or supplemented, the Ministry of Industry and Trade shall give a written notification of application return which indicates reasons for return.

Issuance of a MLM registration certificate

If the application meets all of requirements herein, the Ministry of Industry and Trade shall issue the MLM registration certificate and return 01 set of documents after being affixed the seal of the Ministry of Industry and Trade.

Announcement

Within 10 working days from the issue of the MLM registration certificate, the Ministry of Industry and Trade shall publish information concerning the MLM activities on its website, notify the bank where the MLM company deposits money and provide the copy of the MLM registration certificate and copies of the documents to Provincial Departments of Industry and Trade nationwide by one of the following modes:

- By post;

- By email;

- Via the MLM management system of the Ministry of Industry and Trade.

Decree No. 40/2018/ND-CP of Vietnam’s Government comes into force from May 02, 2018.

-Thao Uyen-

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