No.: 40/2018/ND-CP Hanoi, on March 12, DECREE on management of business activities under multi-level method

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1 THE GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No.: 40/2018/ND-CP Hanoi, on March 12, 2018 DECREE on management of business activities under multi-level method Pursuant to the Law on organization of the Government dated June 19, 2015; Pursuant to the Law on competition dated December 3, 2004; Pursuant to the Law on investment dated November 26, 2014 and Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on investment dated November 22, 2016; Based on proposals of the Minister of the Ministry of Industry and Trade; The Government promulgates the Decree on management of business activities under multi-level method. Article 1. Scope of governance Chapter I GENERAL PROVISIONS This Decree provides regulations on business activities under multi-level method and management of business activities under multi-level method. Article 2. Subjects of application This Decree applies to multi-level sale enterprises and participants and other organizations and individuals which relate to business activities under multi-level method. Article 3. Interpretation In this Decree, the following terms are construed as follows: 1. Multi-level business means a business activity run through a network of participants at levels and branches, which allows participants to receive commissions, bonuses and other economic benefits from their sale activities and sale activities of other people in the network. 2. Multi-level sale enterprise means an enterprise which organizing its business activities under multi-level method to sell goods. 3. Multi-level sale participant means a person who signs multi-level sale agreement with multi-level sale enterprise. 4. Multi-level sale contract means an agreement in writing on participation in multi-level sale network between individuals and multi-level sale enterprises.

2 5. Rules of operation means a set of rules of a multi-level sale enterprise which governs behaviors of multi-level sale participants, processes and procedures to perform multi-level sale activities. 6. Compensation plan means a plan used by multi-level sale enterprises to calculate commissions, bonuses and other economic benefits received by multi-level sale participants from the sale results of their own and of other people in the network. 7. Multi-level sale position, multi-level sale code means the position and code of a multilevel sale participant arranged in the network to calculate commissions, bonuses and other economic benefits to be payable to such multi-level sale participants. Article 4. Objectives of multi-level business 1. Multi-level business is only applied to goods. All business activities under multi-level method of objectives which are not goods are prohibited, except otherwise regulated by other regulations. 2. Goods which are not allowed to sell under multi-level method: a) Medicines, medical equipment, all types of veterinary drugs (including aquatic veterinary drugs); plant protection drugs; chemicals, insecticide and disinfectant products which are restricted and prohibited to use in the domestic home sector and in the health sector and all types of hazardous chemicals; b) Digital information goods. Article 5. Prohibited acts in business activities under multi-level method 1. Multi-level sale enterprises are prohibited from conducting the following activities: a) Requesting other people to deposit or submit a certain amount of money in order to sign multi-level sale contract; b) Requesting other people to buy a certain quantity of goods in order to sign multi-level sale contract; c) Allowing multi-level sale participants to receive money or other economic benefits from the act of introducing other people to participate in multi-level sale activities, but not from purchase and sale of goods of such introduced people; d) Refusing without a legitimate reason to pay commission, bonuses and other economic benefits that multi-level sale participants are entitled to receive; dd) Providing misleading information about compensation plan, benefits from participation in multi-level sale networks; e) Providing misleading or confusing information about the function and use of goods or operations of multi-level sale enterprise, through nominated speakers, trainers at conferences, seminars and training courses or through documents of the enterprise; g) Maintaining more than one multi-level sale contract, multi-level sale position, multilevel sale code or other similar forms with one multi-level sale participant; h) Conducting promotion based on using network consisting of levels and branches in which the participants of promotion have more than a position, code number or other equivalent forms;

3 i) Organizing commercial intermediary activities in accordance with regulations of law on commerce which serve the maintenance, expansion and development of multi-level sale networks; k) Receiving or accepting the application or any other form of documents of multi-level sale participants, in which multi-level sale participants declare that they waive a part or all of their rights under the provisions of this Decree or allow the enterprise not to perform its obligations towards multi-level sale participants in accordance with regulations of this Decree; l) Trading via multi-level method with respect to the subjects are not allowed regulated at Article 4 of this Decree; m) Failing to use the system of management of multi-level sale participants which was already registered with multi-level sale registration authority to manage multi-level sale participants; n) Trading or transferring networks of multi-level sale participants to other enterprises, except for the acquisition, consolidation or merger of enterprises. 2. Multi-level sale participants are prohibited from conducting the following activities: a) The acts mentioned at point a clause 1 of this Article; b) Providing misleading or confusing information about the benefits of participation in multi-level sale networks, the function and use of goods and the operations of multi-level sale enterprise; c) Organizing conferences, seminars and training courses regarding multi-level business without a written delegation issued by multi-level sale enterprise; d) Inducing, enticing, corrupting multi-level sale participants of other multi-level sale enterprises to join the network of multi-level sale enterprise in which they are participating; dd) Using positions, authorization, social and career positions to encourage, require, induce, entice other people to participate in multi-level sale networks or to purchase goods traded via multi-level business; e) Performing multi-level sale activities in provinces where multi-level sale enterprise has not been granted the confirmation for the registration of its multi-level sale operations in such localities. 3. Organizations and individuals are prohibited to carry out multi-level business, organizing conferences, seminars, training, introduction of business activity in form of multilevel of their own or of other organizations, individuals without obtaining multi-level sale registration certificates, except otherwise regulated by the laws. 4. Individuals are prohibited to participate in activities of organizations and individuals who carrying out multi-level business without obtaining multi-level sale registration certificates, except otherwise required by the laws. Chapter II MULTI-LEVEL SALE ACTIVITIES REGISTRATION Article 6. Registration of multi-level sale activities Multi-level sale activities must be registered in accordance with this Decree. Article 7. Conditions for registration of multi-level sale activities

4 1. Organizations registering multi-level sale activities must meet the following conditions: a) Being an enterprise incorporated in Vietnam in accordance with the laws whose multilevel sale registration certificate has never been revoked; b) Having charter capital of at least 10 billion dongs or more; c) Partners of partnerships, owners of private enterprises or one member limited liability companies, members of two or more members limited liability companies, founding shareholders of joint stock companies, and legal representatives of companies must not include organizations or individuals who have held the same positions above of any multi-level sale enterprises whose multi-level sale registration certificate has been withdrawn according to Decree No. 42/2014/ND-CP dated May 14, 2014 of Government on management multi-level sale activities and this Decree; d) Making the deposit at a commercial bank or branch of foreign bank in Vietnam as stipulated in clause 2 Article 50 of this Decree; dd) Having multi-level sale contract sample, rules of operation, compensation plan, basic training programs which are clear, transparent and consistent to provisions of this Decree; e) Having information technology systems to manage multi-level sale participant networks, web portals to provide information regarding multi-level sale enterprise and its multi-level sale activities; g) Having communication systems to receive, resolve inquiries and complaints of multilevel sale participants. 2. Enterprises registering multi-level sale activities have to prepare the application dossiers for issuance of multi-level sale registration certificate in accordance with Article 9 of this Decree and take responsibility for the legality of those dossiers. Article 8. Multi-level sale registration certificate 1. Multi-level sale registration certificate shall be valid within 05 years from the date of issuance. 2. Multi-level sale registration certificate shall be made in 02 originals; 01 original shall be provided to the multi-level sale enterprise and 01 original shall be filed by the Ministry of Industry and Trade. 3. Multi-level sale registration certificate includes the following contents: Name of enterprise; information of Enterprise Registration Certificate/Investment Registration Certificate (if any): Enterprise code, issuance place, initial issuance date, the latest change date; address of head office, phone number, fax, website, ; information of legal representative: Full name, nationality, information of ID Card/ ID card/citizen identification card/passport, title, permanent residence address/residence registration address; scope of goods allowed to trade via multi-level method. Article 9. Application dossier to request for issuance of a multi-level sale registration certificate The application dossier for issuance of a multi-level sale registration certificate includes the documents (having been sealed by enterprises) as follows: 1. Application for issuance of the multi-level sale registration certificate according to form No. 01 provided in the Appendix attached to this Decree.

5 2. 01 copy of Enterprise Registration Certificate or documents having equivalent legal valid list attached to the copy of personal legal documents (identity card or personal identity or passport of Vietnamese; passport and temporary residence document issued by Vietnam competent authorities for foreigners who reside in Vietnam; passport of foreigners who is Vietnam non-resident) of persons mentioned in point c clause 1 Article 7 of this Decree sets of documents relating to multi-level sale activities of the enterprise, including: a) Sample multi-level sale contract; b) Compensation plan; c) Basis training program; d) Rules of operation list of goods traded via multi-level method of the enterprise, including: name, type, origin, package specification, warranty (if any), prices and bonus points corresponding to price and time of application original deposit confirmation letter. 7. Technical documents explaining information technology system to manage multi-level sale networks under Article 44 of this Decree. 8. Documents proving that the enterprise has a web portal under Article 45 of this Decree. 9. Documents proving that the enterprise has communication systems to receive, resolve inquiries and complaints of multi-level sale participants. Article 10. Processes, procedures for issuance of a multi-level sale registration certificate 1. Receipt of application dossiers a) Enterprises who register multi-level sale activities shall submit 01 set of application dossier in accordance with Article 9 of this Decree (and a set of electronic version under.doc and.xls format) to the Ministry of Industry and Trade (submit directly or by courier); b) Within 05 working days from the date of receipt, the Ministry of Industry and Trade shall check the completion and validity of the application dossier. In case the application dossier is uncompleted and insufficient, the Ministry of Industry and Trade shall notify in writing to the enterprise for amendment and supplementation; c) Within 30 days from the date on which the Ministry of Industry and Trade notifies to the enterprise for the amendment and supplementation of the application dossiers, if the multilevel sale enterprise does not amend or supplement documents as required, the Ministry of Industry and Trade shall return the dossiers. 2. Examination of application dossiers a) After receiving of completed and valid application dossiers, the Ministry of Industry and Trade shall notify the enterprise to submit examination fees. The Ministry of Industry and Trade will return the dossier if the enterprise fails to pay the examination fees in duration of 30 days from the date of issuance of notice. b) The Ministry of Industry and Trade shall examine within 20 working days from the date on which [the Ministry of Industry and Trade] receives examination fees;

6 c) Examination contents: - Written confirmation with banks where the enterprises deposit to ensure the authenticity of the deposit confirmation letter; - Examine contents of documents in dossier on request multi-level sale activities registration certificate issuance, to ensure the consistency of this Decree. d) In case enterprise s application dossiers do not meet conditions under this Decree, the Ministry of Industry and Trade shall notify to the enterprise in writing requesting for amendment and supplementation of the dossiers. Enterprise supplements dossiers in duration of 30 days from the date of notice issuance of the Ministry of Industry and Trade. Duration for examining of amended or supplemented dossier is 15 working days from the Ministry of Industry and Trade receives amended and supplemented dossier. 3. Dossier return In case the enterprise does not amend or supplement the dossiers timely as stipulated in point d clause 2 of this Article or the dossiers of the enterprises do not meet conditions under this Decree after amending, supplementing, the Ministry of Industry and Trade shall return the dossiers by written and clearly provide reasons on returning of the dossiers. 4. Issuance of multi-level sale registration certificate In case the enterprise s application dossiers meet conditions provided in this Decree, the Ministry of Industry and Trade shall grant a multi-level sale registration certificate according to form No. 02 provided in the Appendix attached to this Decree and deliver to the enterprise 01 copy of the documents mentioned in clause 4 Article 9 of this Decree and affixed with the Ministry of Industry and Trade s seal and linked seal. 5. Within 10 working days from the date of issuance of multi-level sale registration certificates, the Ministry of Industry and Trade is responsible to announce on its website, notify to the bank where the enterprise deposits and provide a certified copy of multi-level sale registration certificate and other documents provided in clause 4 and clause 5 of Article 9 of this Decree to provincial Departments of Industry and Trade by one of the following methods: a) Courier; b) ; c) Multi-level sale management information technology system of the Ministry of Industry and Trade. Article 11. Amendment and supplementation of multi-level sale registration certificates 1. Multi-level sale enterprises are responsible to carry out procedures for amendment and supplementation of the multi-level sale registration certificate in the following cases: a) If there are any changes relating to the enterprise, including name of enterprise, legal representative, head office address of the enterprise, founding shareholders, owners, information related to the deposit, the enterprises must carry out procedures to amend and supplement their multi-level sale registration certificate within 15 working days from the date of change certified by competent authority; b) If there are any changes relating to clause 4, clause 7, clause 8 and clause 9 of Article 9 of this Decree, the enterprises must carry out procedures to amend and supplement the multilevel sale registration certificate before applying.

7 2. If there are any changes relating to information of the lists of goods traded by multilevel method, the enterprises shall notify in writing to the Ministry of Industry and Trade before applying. Article 12. Dossier, processes and procedures to amend and supplement the multilevel sale registration certificates 1. The application dossier for the amendment and supplementation of multi-level sale registration certificates includes: a) Application form for the amendment and supplementation of multi-level sale registration certificates according to form No. 03 provided in the Appendix attached to this Decree; b) 01 original multi-level sale registration certificate issued by the Ministry of Industry and Trade; c) Documents regarding the amended and supplementary contents of multi-level sale registration certificates provided in Article 9 of this Decree. 2. Processes and procedures to amend and supplement multi-level sale registration certificates shall be implemented according to Article 10 of this Decree. 3. Processes and procedures to change the list of goods traded by multi-level method are as follows: a) The enterprises submit to the Ministry of Industry and Trade a written notification to change information of the list of goods traded by multi-level method stating changed contents attached to 01 revised list of goods traded by multi-level method (submit directly or by courier); b) In case of requirement to amend and supplement, the Ministry of Industry and Trade shall issue a notification of amendment and supplementation within 15 working days from the date of receipt. The enterprises are allowed to apply the lists of goods traded by multi-level method if the Ministry of Industry and Trade has no request on amendment and supplementation within 15 working days from the date of receipt. c) The Ministry of Industry and Trade shall notify the Industry and Trade Departments nationwide by one of methods defined in clause 5 Article 10 of this Decree regarding the enterprises changes of the list of goods traded by multi-level method. Article 13. Re-issuance of multi-level sale registration certificates 1. In case multi-level sale registration certificates are lost, torn or destroyed, the enterprises shall be responsible for submitting the application for re-issuance of multi-level sale registration certificates in accordance with form No. 04 provided in the Appendix attached to this Decree to the Ministry of Industry and Trade (submit directly or by courier). 2. Within 10 working days from the date of receipt of a valid Request for the re-issuance of multi-level sale registration certificates, the Industry and Trade Department shall re-issue multi-level sale registration certificates to the enterprises. Article 14. Renewal of multi-level sale registration certificates 1. A multi-level sale registration certificate shall be renewed for several times, each time has the period of 05 years. 2. The multi-level sale registration certificate of a multi-level sale enterprise shall be renewed when such enterprise satisfies the conditions under Article 7 of this Decree.

8 3. Within at least 03 months prior to the expiration of the multi-level sale registration certificate, the multi-level sale enterprise is responsible for conducting the procedure for renewal of the multi-level sale registration certificate. 4. An application for the extension of the multi-level sale registration certificate includes: a) Application form for the extension of the multi-level sale registration certificate according to form No. 05 provided in the Appendix attached to this Decree; b) Documents specified in clause 2, clause 3 of Article 9 of this Decree; c) Documents specified in clause 4, clause 5, clause 6, clause 7, clause 8 and clause 9 of Article 9 of this Decree in case of changes from the latest amended, supplemented multi-level sale registration certificate; 5. Processes and procedures for the renewal of the multi-level sale registration certificate shall comply with Article 10 of this Decree. Article 15. Examing fees for issuance of multi-level sale registration certificate 1. Examing fees for issuance of multi-level sale registration certificate include fees for issuance, amendment, supplementation, re-issuance, renewal of multi-level sale registration certificates. 2. Collection levels, collection systems, submission, management and use of examing fees for issuance of multi-level sale activities registration certificate shall be implemented in accordance with the laws. Article 16. Withdrawal of multi-level sale registration certificates 1. The Ministry of Industry and Trade shall withdraw the multi-level sale registration certificate in the following cases: a) Enterprise Registration Certificate or documents with equivalent legal validity has been withdrawn or the enterprise is dissolved, bankrupted in accordance with the law; b) The application dossier for the issuance of the multi-level sale registration certificate has fraudulent information; c) The enterprise has been fined for its breach of one of the activities stipulated in clause 1 of Article 5 or clause 3 of Article 47 of this Decree during the period of conducting multilevel sale activities; d) The enterprise fails to, in a timely manner, satisfy requirement of the competent authority on the management of multi-level sale activities to meet the conditions stipulated in Article 7 of this Decree during the period of conducting multi-level sale activities; 2. The multi-level sale registration certificate expires from the date on which the decision to withdraw the multi-level sale registration certificate comes into effect. 3. Process and procedures for withdrawal of the multi-level sale registration certificate: a) The Ministry of Industry and Trade issues the decision for withdrawal of the multilevel sale registration certificate if there is one of the cases provided in clause 1 of this Article; b) Within 10 working days from the date on which the decision on withdrawing the multilevel sale registration certificate comes into effect, the Ministry of Industry and Trade is responsible to notify provincial Departments of Industry and Trade by one of the methods provided in clause 5 Article 10 of this Decree and announce on the Ministry of Industry and Trade s web portal.

9 Article 17. Termination of multi-level sale activities 1. Multi-level sale activities shall be terminated in the following cases: a) The multi-level sale registration certificate expires without being extended in accordance with Article 14 of this Decree; b) The multi-level sale enterprise conducts self-termination of its multi-level sale activities; c) The multi-level sale registration certificate is withdrawn by competent authorities. 2. When terminating multi-level sale activities, multi-level sale enterprises have the following responsibilities: a) Notify in written to the Ministry of Industry and Trade, and publicly post [the information] at the head office, branch(es), representative office(s), business location(s), published on the homepage of the enterprise s website; b) Terminate, liquidate multi-level sale contract and settle rights and benefits of multilevel sale participants in accordance with the law on management of multi-level sale activities; c) Complete its obligations under authorities decisions on violations of multi-level sale activities. Article 18. Process and procedures for termination of multi-level sale activities 1. In the case that the multi-level sale enterprise conducts self-termination of its multilevel sale activities: a) Application dossier for termination of multi-level sale activities includes: - Notification for the termination of multi-level sale activities under form No. 06 provided in the Appendix attached to this Dercee; - Report in accordance with form No. 15 provided in the Appendix attached to this Decree; - 01 copy of latest change of Enterprise Registration Certificate or the documents with equivalent legal validity; - 01 original multi-level sale registration certificate; - 01 copy of decision on termination of multi-level sale activities of the owner for a private enterprise or limited liability company with one member; decision and meeting minutes on the termination of multi-level sale activities of the members council for a limited liability company with two or more members; decision and meeting minutes of the general shareholders for a joint stock company; partners in a partnership. b) Process and procedures to terminate multi-level sale activities: - The enterprise submits an application dossier to terminate multi-level sale activities to the Ministry of Industry and Trade (submit directly or by courier); - Within 10 working days from the date on which the application dossier to terminate multi-level sale activities is received, the Ministry of Industry and Trade shall issue a receipt for submitted dossiers, notify to provincial Departments of Industry and Trade by one of the methods provided in clause 5 Article 10 of this Decree and public on the Ministry of Industry and Trade s web portal;

10 2. In case of termination of multi-level sale activities due to the multi-level sale registration certificate being expires or withdrawn: a) Application dossier on notice of termination of multi-level sale activities includes: - Notification on termination of multi-level sale activities in accordance with form No. 06 provided in the Appendix attached to this Decree; - Report in accordance with form No. 15 provided in the Appendix attached to this Decree; - 01 copy of latest change of Enterprise Registration Certificate or the documents with equivalent legal validity; - 01 original multi-level sale registration certificate. b) Process and procedures to terminate multi-level sale activities: - Within 30 working days from the date on which the multi-level sale registration certificate expires or is withdrawn, the enterprise shall submit Notice to terminate multi-level sale activities to the Ministry of Industry and Trade (submit directly or by courier); - Within 10 working days from the date on which the application dossier to terminate multi-level sale activities is received, the Ministry of Industry and Trade shall issue a receipt for submitted dossiers, notify to provincial Departments of Industry and Trade by one of the methods provided in clause 5 Article 10 of this Decree and public on the Ministry of Industry and Trade s web portal. Chapter III MANAGEMENT OF MULTI-LEVEL SALE ACTIVITIES IN LOCALITIES Article 19. Multi-level sale activities in localities A multi-level sale enterprise is considered to have multi-level sale activities in a locality in one of the following cases: 1. The enterprise has its head office, branch or representative office that performs the functions related to multi-level sale activities in the locality. 2. The enterprise organizes conferences, seminars, training on multi-level sale in such locality. 3. The enterprise has multi-level sale participants who reside (permanent residence, or temporary residence in the case of not residing in the location of permanent residence) or conduct marketing, selling activities via multi-level sale method in such locality. Article 20. Registration of multi-level sale activities locally 1. The multi-level sale enterprise takes responsibility to implement procedures for registration [multi-level sale activities] at provincial/municipal Departments of Industry and Trade and shall only be allowed to organize multi-level sale activities after it receives multilevel sale registration confirmation in written of such provincial/municipal Departments of Industry and Trade. 2. If the enterprise does not have a head office, branches, representative offices at a province, the enterprise has responsibility to authorize a person who resides in such province to act as its representative at such province to work with local authorities on behalf of the enterprise.

11 3. The multi-level sale enterprise is responsible to file, provide documents and materials regarding multi-level sale activiteis in the province in accordance with requirements of competent management authorities. Article 21. Dossier, order and procedures for registration of multi-level sale activities in a province 1. Dossier for registration of multi-level sale of activities in the province: a) Application form for registration of multi-level sale activities in the province according to form No. 07 provided in the Appendix attached to this Decree; b) 01 copy of the Enterprise Registration Certificate or equivalent legal valid document; c) 01 copy of multi-level sale registration certificate; d) 01 copy of certificate of operation registration of branch(es), head office(s), business location(s) (if any) or 01 power of attorney for a person who represents the enterprise in the province, attached to 01 notarized copy of his/her identity card or passport of such representative where the enterprise does not have a head office, branch or representative office in the province. 2. The enterprise submits an application dossier to register its multi-level sale activities in the province together with the list of participants in such province as at the time of the dossier submission in case the enterprise had conducted multi-level sale activities in such province prior to the effective date of this Decree (the list must specify: Full name, date of birth, residence address (permanent residence, or temporary residence in the case of not residing at the permanent residence location), identity card number or personal identity number or passport number, multi-level sale contract number, participant code, telephone number of participants) to the Department of Industry and Trade where the enterprise intends to carry out its activities (submit directly or by courier). 3. If the application dossier is uncompleted and invalid, within 05 working days from the date of reciept of dossier, the Department of Industry and Trade shall notify to the enterprise for amendment and supplementation of dossier. Term for amendment and supplementation is no more than 15 working days from the date of notice. The Department of Industry and Trade shall return the application dossier if the enterrpise fails to amend or supplement its application dossier within the timeline mentioned above. If the application dossier is duly complete, within 07 working days from the date of reciept of dossier, the Department of Industry and Trade shall send to the enterprise a confirmation letter for registration of multi-level sale activities in the province in accordance with form No. 08 provided in the Appendix attached to thifs Decree. In case of rejection, the Department of Industry and Trade is responsible for providing feedback for the enterprise in writting, in which clearly states reasons for the refusal. 4. Within 05 working days from the date of issuance of the confirmation letter, the Department of Industry and Trade shall publish on the website of the Department of Industry and Trade and send a copy of the confirmation letter the Ministry of Industry and Trade by one of the methods provided in clause 5 Article 10 of this Decree. Article 22. Registration of amendment and supplementation of content for multilevel sale activities in the province 1. During the implementation of multi-level sale activities in the province, the enterprise is responsible for registering for the amendment and supplementation of content of multi-level

12 sale activities in the province to the Department of Industry and Trade if there are one of changes relating to: a) Head office, branch, representative office, business location of the enterprises in the province; b) Local representative of the enterprise. 2. Within 15 working days from the date of amendment and suplementation provided in clause 1 of this Article, the enterprises is responsible to register for the amendment, supplementation under form No. 09 provided in the Appendix attached to this Decree and documents of point b, point d clause 1 Article 21 of this Decree relating to amended and supplemented contents to the Department of Industry and Trade (submit directly or by courier). 3. If the application dossier is not duly complete, within 05 working days from the date of reciept, the Department of Industry and Trade shall notice in writting for the enterprise to amend and supplement. The enterprise can supplement the application dossiers for 01 time within 15 working days from the date of the Department of Industry and Trade s notice. The Department of Industry and Trade shall return the application dossier if the enterprise fails to amend or supplement its application dossier within the timeline mentioned above. 4. If the application dossier is duly complete, within 07 working days from the date of receipt, the Department of Trade shall send to the enterprise a written confirmation on registration of amendment and supplemention the content of multi-level sale activities in the province under form No. 10 provided in the Appendix attached to Decree. In case of refusal, the Department of Industry and Trade shall respond in writing with specific reasons. 5. The Department of Industry and Trade shall publish on the website of the Department of Industry and Trade and notify to the Ministry of Industry and Trade by one of methods mentioned in clause 5 Article 10 of this Decree regarding the confirmation on registration of amendment and supplementation of the enterprise s content of multi-level sale activities in the province. Article 23. Withrawal of confirmation of registration of multi-level sale activities in the province 1. The Department of Industry and Trade withdraws the confirmation letter on registration of multi-level sale activities in the province in the following cases: a) The dossier for registration of multi-level sale activities has untruthful information; b) The enterprise fails to carry out multi-level sale activities during 12 consecutive months; c) [The enterprise] does not comply with clause 11 Article 40 of this Decree; d) Multi-level sale registration certificate is withdrawn by competent authority. 2. Within 10 working days from the date of issuance of the decision on withdrawal of the confirmation of multi-level sale registration in the province, the Department of Industry and Trade shall publish the information on the Department of Industry and Trade s website and notify to the Ministry of Industry and Trade by one of the methods mentioned in clause 5 Article 10 of this Decree. 3. Confirmation letter on registration multi-level sale activities expires from the date on which decision on withdrawal comes into effect.

13 4. Within 30 days from the date on which the decision on withdrawal comes into effect, the enterprise must carry out procedures for terminating its multi-level sale activities in the province as regulated in Article 24 of this Decree. 5. The Department of Industry and Trade shall not re-issue confirmation letter on multilevel sale activities registration for a period of 06 months from the effective day of the withdrawal decision for case under point b clause 1 of this Article and for a period of 12 months for case under point a, point c clause 1 of this Article. Article 24. Termination of multi-level sale activities in the province 1. Cases of termination of multi-level sale activities in the province: a) The confirmation letter on multi-level sale activities registration in the province is withdrawn; b) The enterprise conducts self-termination of its multi-level sale activities in the province. 2. When terminating multi-level sale activities in the province, multi-level sale enterprises have the following obligations: a) Notify in writing to the Department of Industry and Trade, and publicly post [the information] at the head office, branch, representative office, business location in the province (if any), and publicly announce on the home page of the enterprise s webpage; b) To terminate, liquidate multi-level sale contract and settle rights and benefits of multilevel sale participants in accordance with the law; c) Complete obligations under competent authorities decision on violations of on multilevel sale activities in the province. Article 25. Order and procedures for termination of multi-level sale activities in the province 1. In case that the enterprise conducts self-termination of its multi-level sale activities in the province, the enterprise is responsible to submit a Notification for the termination of multilevel sale activities under form No. 11 provided in the Appendix attached to this Dercee, and report under form No. 16 provided in the Appendix attached to this Dercee to the Department of Industry and Trade (submit directly or by courier). 2. In case of termination of multi-level sale activities due to the revocation of confirmation of registration of multi-level sale activities in the province, the enterprise is responsible to submit documents regulated in clause 1 of this Article to the Department of Industry and Trade (submit directly or by courier) within 30 working days from the date of revocation of the confirmation of registration of multi-level sale activities in the province. 3. In case the enterprise conducts self-termination of its multi-level sale activities in the province, within 10 working days from the date on which the Department of Industry and Trade receives the valid dossier on notification of termination of multi-level sale activities, the Department of Industry and Trade shall issue a receipt for submitted dossiers, publish the information on the Department of Industry and Trade s website, notify to the Ministry of Industry and Trade by one of methods defined in clause 5 Article 10 of this Decree. Article 26. Notification to organize conferences, seminars or trainings on multilevel sale

14 1. Multi-level sale enterprises are only allowed to organize conferences, seminars or trainings on multi-level sale in provinces where the enterprise has obtained the confirmation letter for registration of multi-level sale activities in such provinces. 2. In case of conferences, seminars and trainings on multi-level sale having 30 people or more, or having 10 multi-level sale participants or more, the multi-level sale enterprise is responsible to notify to local Departments of Industry and Trade before conducting such conferences, seminars and trainings. 3. Multi-level sale enterprises are responsible to coordinate with competent authorities to follow, inspect and supervise conferences, seminars or trainings on multi-level sale of the enterprise, and to ensure legal compliance. Article 27. Application dossier, order and procedures for organization of conferences, seminars or trainings on multi-level sale 1. The application dossier to organize conferences, seminars and trainings on multilevel sale shall comprise: a) A notice to organize conferences, seminars and trainings according to form No. 12 provided in the Appendix attached to this Decree; b) Contents, documents presented at conference; number of participants; c) List of speakers at the conferences, seminars and trainings together with the professional stock rental contract of the enterprise that clearly defines the powers, responsibilities, and reporting contents of the speaker; d) 01 original of power of attorney if the enterprise authorizes individuals to organize conferences, seminars and trainings. 2. The multi-level sale enterprise shall announce the organization of more than one conferences, seminars and trainings on multi-level sale in a signle notification document. 3. The multi-level sale enterprise shall submit a notice for organization of conferences, seminars and trainings on multi-level sale to the Department of Industry and Trade (submit directly or by courier) at least 15 working days before the intended date of implementation. 4. If the application dossier is incompleted or invalid, within 05 working days from the date of receipt, Department of Industry and Trade shall sends notification in writing for the enterprise to amend and supplement. Duration for amendment and supplementation of the dossier is 10 working days from the date of the Department of Industry and Trade issued notice. 5. Without any requesting for amendment and supplementation from the Department of Industry within 05 working days, the enterprise can organize conferences, seminars and trainings. 6. If there are any changes relating to the contents of the dossier for organization of conferences, seminars and trainings, the enterprise is responsible to notify the Department of Industry and Trade at least 03 working days before expected implementing [conferences, seminars, trainings]. 7. If the enterprise has submited a notice for organization of conferences, seminars or trainings but does not do so, the enterprise is responsible to inform in writing to the Department of Industry and Trade prior to the proposed organization date. Chapter IV REGULATIONS ON MANAGEMENT OF PARTICIPANTS

15 Article 28. Conditions in respect of multi-level sale participants 1. Multi-level sale participants are individuals who have full civil capacity in accordance with regulation of laws. 2. The following persons are not allowed to carry out multi-level sale activities: a) Those who are serving imprisonment sentences or former convicts for crimes of manufacturing, trading fake goods, manufacturing, trading forbidden products, making false advertisements, deceiving customers, appropriating property through swindling, abusing trust in order to appropriate property, illegally holding property, offences against regulations of law on business via multi-level sale method. b) Foreigners without work permits in Vietnam granted by competent authorities except in case of exemption in accordance with laws; c) Multi-level sale participants who used to be fined for violating the provisions mentioned in clause 2, clause 3 and clause 4 Article 5 of this Decree which the time for being considered as having not yet been handled for administrative violations has not been expired; d) Individuals regulated in point c clause 1 Article 7 of this Decree; dd) Cadres and civil servants in accordance with regulations of law on cadres and civil servants. Article 29. Multi-level sale contract 1. Multi-level sale enterprises must sign multi-level sale contracts in writing with multilevel sale participants. 2. Multi-level sale contracts must comprise the following basic contents: a) The enterprise s name, legal representative, contact information; b) Full name, date of birth, permanent residence address (or residence registration address for foreigners), residence address (permanent residence, or temporary residence in case of not residing in permanent residence location), phone number, bank account number, number of identity card/citizen identification card or passport of multi-level sale participants, work permit number if multi-level sale participants are foreigners; c) Full name, code of the reference (the sponsor); d) Information regarding the list of goods traded via multi-level method; dd) Information regarding the compensation plan, rules of operation; e) Rights and obligations of the parties, ensuring the compliance with this Decree and relevant laws; g) Regulations that payment of commissions and bonuses shall be made via bank transfer; h) Regulations on buy-back of goods; i) Cases of termination of multi-level sale contracts and obligations arising therefrom; k) Mechanism to resolve contractual disputes. 3. Multi-level sale contracts must meet the following conditions: a) The contract must be in Vietnamese, minimum font size is 12. b) Background paper color and ink of contract contents must contrast to each other. Article 30. Termination of multi-level sale contract

16 1. A multi-level sale participant has the right to terminate the multi-level sale contract by sending a written notice to the multi-level sale enterprise at least 10 working days before terminating that contract. 2. A multi-level sale enterprise has the right to terminate the multi-level sale contract with the multi-level sale participant in case that participant fails to comply with Article 41 of this Decree. 3. A multi-level sale enterprise has the responsibility to terminate the contract with multilevel sale participant in case that participant fails to comply with clause 2 Article 5 of this Decree. 4. Within 30 working days from the contract termination date, multi-level sale enterprise has the responsibility to pay commissions, bonuses and other economic benefits that the participant is entitled to receive in the course of participating in the multi-level sale network of the enterprise. Article 31. Basic training program 1. Basic training program means a compulsory training program applied for multilevel sale participants. 2. A basic training program shall comprise the following contents: a) Legal regulations on multi-level sale activities; b) Ethical standards in multi-level sale activities; c) Basic contents of multi-level sale contract, rules of operation and compensation plan; d) Methods to examine the completion of a basic training program in conformity with training contents and methods. 3. The minimum training duration is 08 hours. Article 32. Basic training program for multi-level sale participants 1. Multi-level sale enterprise is responsible to train multi-level sale participants in accordance with the basic training program registered with competent authority and must not collect any fees in any form. 2. Multi-level sale participants is responsible to participate and understand the contents of the basis training program in full. 3. Only persons authorized by the enterprise to act as a Trainer is allowed to carry out the basis training program to participants of such enterprise. 4. The basis training program shall be implemented according to the following methods in order to ensure interaction during training program, including: a) Direct training; b) Distant training. 5. Multi-level sale enterprise is responsible to evaluate the completion of the basic training program of multi-level sale participants and make confirmation in writing of the participants completion of content and duration of the basic training program. 6. Multi-level sale enterprise is responsible to file the documents relating to the basic training program of participants, including time, methods, locations (if any) and training results.

17 7. When there are changes related to the contents specified in clause 2 Article 31 of this Decree, multi-level sale enterprises shall provide additional training or notify multi-level sale participants via websites or publicly posted at head office, branch, representative office and business location of enterprise within 30 days from date of change. Article 33. Membership card 1. Multi-level sale enterprises shall only be allowed to issue membership card for multilevel sale participants who have completed the basic training program and have written commitment in accordance with form No. 13 provided in the Appendix attached to this Decree. 2. Multi-level sale enterprises shall grant membership card to multi-level sale participants without collecting any fees. 3. A membership card includes: a) Name of enterprise; b) Contact information of enterprise; c) A photo of multi-level sale participant; d) Information of multi-level sale participants includes: Name, number of ID card/citizen identification card or passport, member code or card number, date of issuance, place of issuance. 4. Membership card expires when the multi-level sale participation contract is terminated. 5. The multi-level sale enterprise shall publicly announce the termination of the effect of membership card on its website. Article 34. Trainer 1. The enterprise is responsible to appoint Trainer to carry out basic training program to its multi-level sale participants. 2. Conditions for Trainer: a) Having obtained the certificate on legal knowledge on multi-level sale activities in accordance with Article 38 of this Decree; b) Having a labor contract or training contract with the multi-level sale enterprise. 3. Persons in the following cases are not eligible to become a Trainer: a) Those who are serving imprisonment sentences or former convicts for crimes of manufacturing, trading fake goods, manufacturing, trading forbidden products, making false advertisements, deceiving customers, appropriating property through swindling, abusing trust in order to appropriate property, illegally holding property, offences against regulations of law on business via multi-level method; b) Foreigners without work permits in Vietnam granted by competent authorities, except for case of exemption in accordance with the provisions of law; c) Multi-level sale participants who used to be fined for violating the provisions mentioned in clause 2, clause 3 and clause 4 of Article 5 of this Decree which the time for being considered as having not yet been handled for administrative violations has not been expired; d) Individuals regulated in point c clause 1 of Article 7 of this Decree;

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