Nghị định 18 2023 đánh giá môi trường năm 2024
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Ngày 28/4/2023, Chính phủ ban hành Nghị định 18/2023/NĐ-CP sửa đổi Nghị định 40/2018/NĐ-CP về quản lý hoạt động kinh doanh theo phương thức đa cấp, trong đó quy định hồ sơ đề nghị cấp giấy chứng nhận đăng ký hoạt động bán hàng đa cấp. Hồ sơ đề nghị cấp giấy chứng nhận đăng ký hoạt động bán hàng đa cấp từ 20/6/2023Theo đó, hồ sơ đề nghị cấp giấy chứng nhận đăng ký hoạt động bán hàng đa cấp bao gồm các tài liệu (có đóng dấu xác nhận của doanh nghiệp) sau đây: - Đơn đề nghị cấp giấy chứng nhận đăng ký hoạt động bán hàng đa cấp theo Mẫu số 01 tại Phụ lục ban hành kèm theo Nghị định 40/2018/NĐ-CP. - 01 bản sao giấy chứng nhận đăng ký doanh nghiệp hoặc giấy tờ có giá trị pháp lý tương đương. - 01 bản danh sách kèm theo bản sao giấy tờ chứng thực cá nhân hợp lệ (chứng minh nhân dân hoặc căn cước công dân hoặc hộ chiếu đối với cá nhân có quốc tịch Việt Nam; hộ chiếu và giấy tờ cư trú hợp pháp do cơ quan có thẩm quyền của Việt Nam cấp đối với người nước ngoài thường trú tại Việt Nam; hộ chiếu đối với người nước ngoài không thường trú tại Việt Nam) của những người nêu tại điểm c khoản 1 Điều 7 Nghị định 40/2018/NĐ-CP. 01 bản sao giấy tờ pháp lý về việc thành lập tổ chức trong trường hợp là tổ chức. (Hiện nay, tại Nghị định 40/2018/NĐ-CP quy định: 01 bản danh sách kèm theo bản sao giấy tờ chứng thực cá nhân hợp lệ (chứng minh nhân dân hoặc căn cước công dân hoặc hộ chiếu đối với cá nhân có quốc tịch Việt Nam; hộ chiếu và giấy đăng ký tạm trú do cơ quan có thẩm quyền của Việt Nam cấp đối với người nước ngoài thường trú tại Việt Nam; hộ chiếu đối với người nước ngoài không thường trú tại Việt Nam) của những người nêu tại điểm c khoản 1 Điều 7 Nghị định 40/2018/NĐ-CP) - 02 bộ tài liệu liên quan đến hoạt động bán hàng đa cấp của doanh nghiệp, bao gồm: + Mẫu hợp đồng tham gia bán hàng đa cấp; + Kế hoạch trả thưởng; + Chương trình đào tạo cơ bản; + Quy tắc hoạt động. - 01 bản danh mục hàng hóa kinh doanh theo phương thức đa cấp của doanh nghiệp, bao gồm các thông tin: Tên, chủng loại, xuất xứ, quy cách đóng gói, chế độ bảo hành (nếu có), giá bán và số điểm thưởng quy đổi tương ứng với giá bán, thời điểm áp dụng. - 01 bản chính văn bản xác nhận ký quỹ. - Tài liệu giải trình kỹ thuật về hệ thống công nghệ thông tin quản lý mạng lưới người tham gia bán hàng đa cấp đáp ứng quy định tại Điều 44 Nghị định 40/2018/NĐ-CP, trong đó phải bao gồm các thông tin cơ bản sau: + Địa chỉ IP máy chủ và địa điểm đặt máy chủ vật lý; + Cơ chế vận hành của hệ thống, bao gồm thông tin mô tả hệ thống, cách thức nhập và lưu trữ dữ liệu, cách thức quản trị dữ liệu; + Các thông tin tại Điều 44 Nghị định 40/2018/NĐ-CP. (Hiện nay, tại Nghị định 40/2018/NĐ-CP quy định: Tài liệu giải trình kỹ thuật về hệ thống công nghệ thông tin quản lý mạng lưới người tham gia bán hàng đa cấp đáp ứng quy định tại Điều 44 Nghị định 40/2018/NĐ-CP) - Tài liệu chứng minh doanh nghiệp có trang thông tin điện tử đáp ứng quy định tại Điều 45 Nghị định 40/2018/NĐ-CP. - Tài liệu chứng minh doanh nghiệp có hệ thống thông tin liên lạc để tiếp nhận, giải quyết thắc mắc, khiếu nại của người tham gia bán hàng đa cấp. - Bản sao báo cáo tài chính có kiểm toán hoặc văn bản xác nhận tình hình thực hiện nghĩa vụ thuế hoặc tài chính trong ba năm tài chính gần nhất hoặc giấy tờ có giá trị tương đương do cơ quan, tổ chức có thẩm quyền cấp hoặc xác nhận, chứng minh việc đáp ứng điều kiện quy định tại điểm h khoản 1 Điều 7 Nghị định 40/2018/NĐ-CP, trong trường hợp doanh nghiệp có nhà đầu tư nước ngoài, tổ chức kinh tế có vốn đầu tư nước ngoài là chủ sở hữu hoặc thành viên hoặc cổ đông. (Nội dung mới bổ sung) - Giấy phép kinh doanh có nội dung cấp phép thực hiện quyền phân phối bán lẻ, bao gồm hoạt động bán lẻ theo phương thức đa cấp, trong trường hợp doanh nghiệp có nhà đầu tư nước ngoài, tổ chức kinh tế có vốn đầu tư nước ngoài là chủ sở hữu hoặc thành viên hoặc cổ đông. (Nội dung mới bổ sung) Nghị định 18/2023/NĐ-CP có hiệu lực từ ngày 20/6/2023. THE GOVERNMENT --- THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --- No. 18/2023/ND-CP Hanoi, April 28, 2023 DECREE AMENDMENTS TO THE GOVERNMENT’S DECREE NO. 40/2018/ND-CP DATED MARCH 12, 2018 ON MANAGEMENT OF MULTI-LEVEL MARKETING BUSINESS Pursuant to the Law on Government Organization dated June 19, 2015 dated June 19, 2015; the Law dated November 22, 2019 on Amendments to the Law on Government Organization dated June 19, 2015 and the Law on Local Government Organization; Pursuant to Law on Investment dated June 17, 2020; At the proposal of the Minister of Industry and Trade; The Government promulgates a Decree on Amendments to the Government’s Decree No. 40/2018/ND-CP dated March 12, 2018 on management of multi-level marketing business. Article 1. Amendments to the Government’s Decree No. 40/2018/ND-CP dated March 12, 2018 on management of multi-level marketing business 1. Amendments to Clause 2 of Article 3: ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2. Clause 3 below is added to Article 3: “8. MLM conferences, seminars and training are activities that are meant to introduce, acclaim, provide information, instructions, training, knowledge that are relevant to MLM business." 3. Amendments to Point c Clause 1 of Article 7: "c) Partners of partnerships, owners of sole proprietorships or single-member limited liability companies, members of multiple-member limited liability companies, 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 MLM enterprises whose MLM registration certificate has been withdrawn according to Decree No. 42/2014/ND-CP dated May 14, 2014 of Government on management MLM activities and this Decree while such enterprises are performing MLM activities;" 4. Point h below is added to Clause 1 of Article 7: "h) In case the registering organization is an enterprise whose owners or members or shareholders are foreign investors or foreign-invested business organizations, all of these foreign investors or foreign-invested business organizations need to have at least 03 years of continuous operation of MLM business in a certain country or territory." 5. Amendments to Clause 3 of Article 9: “3. 01 list attached to the copy of personal legal documents (identity card or personal identity or passport of Vietnamese; passport and lawful residence document issued by Vietnam competent authorities for foreigners who have permanent residences in Vietnam; passports for foreigners who are Vietnam non-residents) of the persons mentioned in point c clause 1 Article 7 of this Decree. 01 copy of the legal document about establishment of the organization (in case the applicant is an organization." ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. “7. Technical specifications towards information technology system to manage MLM networks under Article 44 of this Decree which contain the following basic information:
7. Clause 10 below is added to Article 9: "10. Copy of the audited financial statement or document confirming fulfillment of tax obligations or financial obligations of the last 03 fiscal years, or equivalent document issued or certified by a competent agency or organization proving fulfillment of the conditions specified in Point h Clause 1 Article 7 of this Decree in case the enterprise's owners, members or shareholders are foreign investors or foreign-invested business organizations." 8. Clause 11 below is added to Article 9: “11. The business license that allows retail distribution, including retailing through MLM in case the enterprise's owners, members or shareholders are foreign investors or foreign-invested business organizations." 9. Amendments to Point a Clause 1 of Article 10: ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 10. Amendments to Point b Clause 3 of Article 12: "b) In case supplementation or revision of information in the enterprise's notification mentioned in Point a of this Clause is necessary, the Ministry of Industry and Trade shall send a notification to the enterprise within 15 working days from the day on which the application is received. The time limit for supplementation or revision of information is 10 working days. In case the enterprise fails to supplement or revise information within the time limit or the enterprise's application is not satisfactory, the Ministry of Industry and Trade shall notify the enterprise of the return of the application and provide explanation. The enterprises are allowed to apply the lists of goods traded by multi-level marketing if the Ministry of Industry and Trade has no request regarding the written notification mentioned in Point a of this Clause within 15 working days from the date of receipt;" 11. Amendments to Point c Clause 4 of Article 14: "c) Documents specified in clause 4, clause 5, clause 6, clause 7, clause 8, clause 9, clause 10 and clause 11 of Article 9 of this Decree in case of changes from the latest MLM registration certificate." 12. Amendments to Point c Clause 1 of Article 16: "c) The enterprise has been fined for its breach of one of the activities stipulated in clause 1 of Article 5, clause 14 of Article 40, or clause 3 of Article 47 of this Decree during the process of conducting MLM activities;" 13. Amendments to Article 18: "Article18. Procedures for termination of MLM activities ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents.
Notification for the termination of MLM activities under form No. 06 provided in the Appendix attached to this Decree; Report in accordance with form No. 06a 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 MLM registration certificate; 01 copy of decision on termination of MLM activities of the owner for a sole proprietorship or limited liability company with one member; decision and meeting minutes on the termination of MLM 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.
The enterprise shall submit the Notice of termination of MLM activities to the Ministry of Industry and Trade (in person, online or by post); If the application is not satisfactory according to Point a of this Clause, the Ministry of Finance shall issue a request for supplementation of the application within 10 working days from the day on which the application is received. The time limit for supplementation is 15 working days from the day on which the request is received. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Within 10 working days from the date on which the application to terminate MLM activities is received, the Ministry of Industry and Trade shall issue a document confirming the receipt of the application, notify provincial Departments of Industry and Trade nationwide by one of the methods provided in clause 5 Article 10 of this Decree and publish information on the Ministry of Industry and Trade’s web portal; 2. In case of termination of MLM activities due to expiration or revocation of the MLM registration certificate:
Notification for the termination of MLM activities under form No. 06 provided in the Appendix attached to this Decree; Report in accordance with form No. 06a 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 MLM registration certificate.
Within 30 working days from the date on which the MLM registration certificate expires or is revoked, the enterprise shall submit the Notice of termination of MLM activities to the Ministry of Industry and Trade (in person, online or by post); ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. In case the enterprise fails to supplement the application within the time limit or the enterprise is still unsatisfactory, the Ministry of Industry and Trade shall issue a written notice of the return of the application and provide explanation. Within 10 working days from the date on which the application to terminate MLM activities is received, the Ministry of Industry and Trade shall issue a document confirming the receipt of the application, notify provincial Departments of Industry and Trade nationwide by one of the methods provided in clause 5 Article 10 of this Decree and publish information on the Ministry of Industry and Trade’s web portal." 14. Amendments to Clause 2 of Article 20: "2. If the enterprise does not have the head office, any branch, representative office or business location in the province, the enterprise shall assign a person who resides in such province to act as the enterprise's business contact in such province to work with local authorities in the province. The enterprise's business contact shall satisfy the following conditions:
15. Amendments to Clause 1 of Article 21: "1. An application for registration of MLM of activities in the province includes: ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents.
In case the enterprise's head office, branch, representative office or business location is not located in the province, the enterprise shall provide documents about it's business contact in the province (hereinafter referred to as "local contact"), including: 01 certified true copy of the identity card or passport; 01 original or certified true copy of the judicial records; 01 certified true copy of the certificate of knowledge of the local contact; 01 document specifying the scope of work, rights and obligations of the parties." 16. Amendments to Clause 3 of Article 21: "3. If the application is incomplete or invalid according to Clause 1 of this Article, within 05 working days from the date of receipt of the application, the Department of Industry and Trade shall request the enterprise to supplement the application. The time limit for supplementation is 15 working days from the day on which the request is issued by the Department of Industry and Trade. The Department of Industry and Trade shall return the application if the enterprise fails to supplement the application within the aforesaid time limit. Within 10 working days from the date of receipt of the complete and valid application, the Department of Industry and Trade shall send the enterprise a document confirming the registration of MLM activities in the province in accordance with form No.08 provided in the Appendix attached to this Decree. If the application is rejected, the Department of Industry and Trade shall send a written notification which contains explanation for the rejection." 17. Point Đ below is added to Clause 1 of Article 23: "Đ) The enterprise does not fully satisfy the conditions for carrying out MLM activities in the province according to Clause 2 Article 20 of this Decree." ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. "a) Put up a notice at the enterprise's head office, branches, representative offices, business locations in the province (if any) and on the main page of the enterprise's website within 05 working days from the date of termination of MLM activities in the province; send a written notification to the Department of Industry and Trade;" 19. Clause 3 below is added to Article 24: “3. The enterprise does not have to follow procedures for termination of MLM activities in the province if its MLM activities are terminated nationwide." 20. Amendments to Clause 2 of Article 26: “2. In case of MLM conferences, seminars and trainings having 30 people or more, or having 10 MLM participants or more and are not meetings or internal events, the MLM enterprise shall notify the Department of Industry and Trade of the province or centrally affiliated city (hereinafter referred to as "province") before holding such conferences, seminars and trainings. In case of online MLM conferences, seminars and trainings having MLM participants in a province, the MLM enterprise shall notify the Department of Industry and Trade of such province. In case of online MLM conferences, seminars and trainings having MLM participants in multiple provinces, the MLM enterprise shall notify the Department of Industry and Trade of the province where the enterprise is headquartered." 21. Amendments to Article 27: "Article 27. Documents of and procedures for notification of MLM conferences, seminars and trainings ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents.
dd) Account information or link to access the conference, seminar or training in case the conference, seminar or training is held online. 2. The MLM enterprise shall announce the organization of more than one conferences, seminars and trainings on MLM in a single notification document, provided they are held within 03 months from the date of submission of the notification. 3. The MLM enterprise shall submit the notification documents about the MLM conference, seminar or training to the Department of Industry and Trade (in person, online or by post) at least 15 working days before the intended date of implementation. 4. In case the documents are not satisfactory according to Clause 1 of this Article, within 07 working days from the day on which they are received, the Department of Industry and Trade shall send the enterprise a written request for supplementation of the documents. The time limit for supplementation is 10 working days from the day on which the request is issued by the Department of Industry and Trade. 5. If no request for supplementation is sent by the Department of Industry within 07 working days from the day on which the notification documents are received by the Department of Industry and Trade, the enterprise may hold the conference, seminar or training. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. If no request for supplementation is sent by the Department of Industry within 07 working days from the day on which the notification is received by the Department of Industry and Trade, the enterprise may hold the conference, seminar or training. 7. In case the enterprise does not hold the conference, seminar or training after the notification documents have been submitted to the Department of Industry and Trade, the enterprise shall send a written notification or email to the Department of Industry and Trade before the expected date of holding the conference, seminar or training." 22. Amendments to Clause 1 of Article 28: “1. MLM participants are individuals who have full legal capacity in accordance with regulation of laws and reside in Vietnam." 23. Amendments to Point b Clause 2 of Article 28: "b) Foreigners without work permits in Vietnam granted by competent authorities to work for the enterprise as MLM participants, except for case of exemption in accordance with the provisions of law; 24. Amendments to Point a Clause 1 of Article 36: "a) Application form for recognition under form No. 13a of Appendix attached to this Decree;" 25. Clause 3a below is added to Article 36: ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Within 30 working days from the date of receipt of the application, the Ministry of Industry and Trade shall organize examination of the application and issue the notification of recognition of the revisions. In case the revisions are not lawful or not conformable with this Decree, the Ministry of Industry and Trade shall issue a notification of rejection." 26. Amendments to Point a Clause 3 of Article 37: "a) Before January 31 each year, the training establishment is responsible for sending summary reports on its legal training operations on MLM activities of the previous year according to Form No. 14a attached to this Decree to the Ministry of Industry and Trade; 27. Amendments to Article 38: "Article 38. Confirmation on legal knowledge on MLM for local contacts 1. Persons who have completed legal training course on MLM are able to be registered by MLM enterprises for testing of legal knowledge on MLM for local contacts organized by the Ministry of Industry and Trade. 2. The Ministry of Industry and Trade shall issue the confirmation on legal knowledge on MLM to local contacts for those who pass the test. 3. The Ministry of Industry and Trade shall specifically provide for the verification, issuance, revocation of confirmation on legal knowledge on MLM for local contacts." 28. Amendments to Article 39: ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 1. The enterprise shall submit an application to register for testing, confirmation of legal knowledge for local contacts on MLM to the Ministry of Industry and Trade (in person, online or by post). An application shall include:
2. Within 15 working days from the testing date, the Ministry of Industry and Trade shall issue the confirmation on legal knowledge on MLM according to Form No. 21a enclosed herewith, confirmation on legal knowledge on MLM for local contacts according to Form No. 21b enclosed herewith to persons who pass the test. 3. In case the confirmation on legal knowledge on MLM or confirmation on legal knowledge on MLM for local contacts is lost, damaged or destroyed, the authority that organized the test shall re-issue the confirmation. The person who applies for reissuance of the confirmation is not required to take another training course on legal knowledge on MLM." 29. Clause 13 below is added to Article 40: “13. Make sure that at least 20% of the revenue from MLM in a fiscal year is from customers who are not the enterprise's MLM participants." ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. “14. Do not provide information about food using images, equipment, costumes, names, correspondences of health facilities, health units, physicians, pharmacists, health workers, testimonials of patients, articles written by physicians, pharmacists, health workers; Do not provide information about food that represents or quotes patients' opinions that the food has medicinal use." 31. Clause 5 below is added to Article 41: “5. Do not provide information about food using images, equipment, costumes, names, correspondences of health facilities, health units, physicians, pharmacists, health workers, testimonials of patients, articles written by physicians, pharmacists, health workers; Do not provide information about food that represents or quotes patients' opinions that the food has medicinal use." 32. Amendments to Article 43: "Article 43. Compensation plan 1. Compensation plan must clearly define the ranks and titles of MLM participants, qualification conditions, commissions, bonuses and other economic benefits paid for each rank and title. 2. Compensation plans only apply MLM participants of enterprises in Vietnam." 33. Amendments to Point d Clause 2 of Article 44: "d) Statistics about commissions, bonuses and other economic benefits of MLM participants." ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. "4. Before the 10th of each month (except January and July), each MLM enterprise shall update and send (in person, by post or by email) the list of MLM participants residing in province in the previous month (specify: full name, date of birth, permanent/temporary residence address, ID/passport number, MLM participation contract number, MLM participant's code, phone number) to the Department of Industry and Trade of the province where the enterprise registers for MLM activities." 35. Article 49a below is added after Article 49: "Article 49a. Methods for completion of administrative procedures 1. Regarding the requirement for submission of certified true copies of documents for completion of administrative procedures prescribed by this Decree, enterprises may submit copies and present originals for comparison upon the receipt of applications. 2. In case of online administrative procedures, MLM enterprises shall sign up at http://dichvucong.moit.gov.vn and use their accounts to make and send applications online. After receiving a notification that the submitted application is complete and valid, the enterprise shall send a physical application to the Ministry of Industry and Trade. In case the documents or information in the physical application does not those submitted online, the Ministry of Industry and Trade shall issue a notification that the application is returned." 36. Amendments to Clause 1 of Article 50: “1. Deposit is an amount of money which secures the MLM enterprise’ fulfillment of its obligations toward MLM participants and the State in the cases specified in Clause 1 Article 53 of this Decree. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 37. Amendments to Article 53: "Article 53. Handling deposited amount 1. The deposit shall be used in the following cases:
2. Procedures for using the deposit as provided in point a clause 1 of this Article:
3. Procedures for using the deposit as provided in point b clause 1 of this Article: ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents.
In case the deposit cannot be used for settlement of the dispute under the judgment according to Clause 1 Article 50 of this Decree, the Ministry of Industry and Trade shall request the judgment enforcement agency to implement other judgment enforcement measures as prescribed by law. 4. The Ministry of Industry and Trade process valid requests for permission to use deposits on a first-come, first-served basis. 5. If the deposit still remains after it is used according to Clause 1, Clause 2, Clause 3 and Clause 4 of this Article and the enterprise still has other obligations under the effective court judgment which has not been enforced, the remainder will be transferred to the competent judgment enforcement agency as prescribed by law." 38. Amendments to Clause 4 of Article 55: "4. Ministry of Finance:
... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. “g) Submit annual reports before February 15 of the succeeding year according to Form No. 19 enclosed herewith, or submit ad hoc reports at the request of the Ministry of Industry and Trade on management of local MLM activities;" 40. The phrase “in person or by post” in point a clause 3 Article 12, clause 1 Article 13, clause 2 Article 21, clause 2 Article 22, clause 1 and clause 2 Article 25, clause 1 Article 52 and point a clause 4 Article 52 is replaced with the phrase “in person, online or by post”. 41. The phrase "local representative of the enterprise" in Point b Clause 1 Article 22 is replaced with "local contact of the enterprise"; the phrase "local representative" in Forms No. 7, 8, 11, 15 and 16 is replaced with the phrase "local contact". 42. Forms No. 06a, 13a, 14a, 19, 20a, 20b, 21a and 21b are added and enclosed to this Decree. Article 2. Responsibility for implementation 1. The Minister of Industry and Trade shall organize the implementation of this Decree. 2. Ministers, heads of ministerial-level agencies, heads of government- attached agencies and chairperson of provincial-level People’s Committees shall implement this Decree. Article 3. Entry in force 1. This Decree comes into force as of June 20, 2023. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 3. MLM enterprises that have been granted certificates of MLM registration in accordance with regulations of law may continue to operate until the expiration of their certificates. When applying for renewal of the MLM registration certificates, MLM enterprises shall have the responsibility to fulfill the conditions for registration of MLM activities specified in Article 7 of this enterprise. ON BEHALF OF THE GOVERNMENT PP THE PRIME MINISTER DEPUTY PRIME MINISTER Le Minh Khai Appendix (Enclosed with the Government’s Decree No. 18/2023/ND-CP dated April 28, 2023) Form No. 06a Report on business performance before termination of MLM activities ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Application for recognition of Program of legal training on MLM Form No. 14a Report on summary of legal training on MLM Form No. 19 Report on management of MLM activities Form No. 20a Application for testing and confirmation of legal knowledge on MLM Form No. 20b Application for testing and confirmation of legal knowledge on MLM for local contacts ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Confirmation of legal knowledge on MLM Form No. 21b Confirmation of legal knowledge on MLM for local contacts Form No. 06a NAME OF ENTERPRISE --- THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --- No. … ….. , ....................................… ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. REPORT BUSINESS PERFORMANCE BEFORE TERMINATION OF MLM ACTIVITIES To : ................................... Name of enterprise: .............................................................................................................. Address: ................................................................................................................................ Contact: ................... Tel: ...................................................... Email: .............. 1. Scope of MLM business by termination date
No. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Head office/branch/representative office/business location Address Head Phone number Number of MLM participants 1 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents.
No. Province/central-affiliated city ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Address Phone number Number of MLM participants 1 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 3 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2. Number of MLM participants by termination date (Enclose the list of MLM participants, including their full name, date of birth, permanent/temporary residence address, ID/passport number, MLM contract number, participant code, phone number) 3. Revenue from MLM business from the first day of the year to the date of termination No. Product Value Revenue exclusive of VAT (million VND) Revenue inclusive of VAT (million VND) ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Dietary supplements/health supplements 2 Cosmetics 3 Clothing/fashion garment ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 4 Equipment 5 Household appliances ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Other 7 Total 4. Commission, bonuses, economic benefits, sale promotion provided for MLM participants from the beginning of the year to the termination date Summary report on the value of commissions, bonuses and other economic benefits provided in the period; value of sale promotion converted into money in the period; deduction of personal income tax of MLM participants. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 5. Fulfillment of financial obligations to the State from the beginning of the year to the termination date No. Obligation Value (million VND) 1 License tax 2 VAT ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 3 Export duty 4 Import duty 5 Personal income tax (of employees) ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Personal income tax declared and paid on behalf of MLM participants 7 Corporate income tax 8 Other ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. (Specify if there is any tax debt) 6. Sale promotion programs from the beginning of the year to the termination date No. Name of program Beginning date Ending date Registered/announced value of promotion Realized value of promotion ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 3 (Specify if there in any unfinished program and solution). 7. Repurchase of goods from MLM participants from the beginning of the year to the termination date ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. No. Full name ID/passport number Participant code Phone number Value of goods returned Deductions Amount refunded Remainder ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 3 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Total ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. (Enclose the list of MLM participants, including their full name, date of birth, permanent/temporary residence address, ID/passport number, MLM contract number, participant code; phone number; value of goods returned; value of deduction; amount refunded; remainder) 8. Implementation of decisions on penalties for administrative violations in MLM No. Issuing authority Decision number Violation Fine Implementation date ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Total (Enclose with a sheet showing implementation of penalty decisions in MLM issued by all competent authorities, copies of the penalty decisions and fine payment receipts; specify if there is unfinished penalty decision). ENTERPRISE'S LEGAL REPRESENTATIVE (Signature and seal) ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. NAME OF TRAINING ESTABLISHMENT --- THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --- No. … ….. , ....................................… APPLICATION FOR RECOGNITION OF PROGRAM FOR LEGAL TRAINING ON MLM To: ……………………….. 1. Name of training establishment (UPPERCASE): ………………………………………… Head office address: ....................................................................................................... ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2. Decision to establish the training establishment issued by a competent authority or an equivalent document: .................................................................................................................................. We would like to obtain recognition of a program for legal training on MLM on the basis of the following documents: 3. Enclosed documents 1: …………………………………………………………………… ……………………………………………………………………………………………………….. ……………………………………………………………………………………………………….. Contact: ..................................... Tel: ................................................................ We hereby declare that we fully comply with regulations of law on MLM business and are responsible for the legality, accuracy and truthfulness of the enclosed documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ____________________ 1 Enclosed documents include: 1. Copy of the establishment decision issued by a competent authority or an equivalent document; 2. The program for legal training on MLM; 3. A list of at least 02 lecturers having bachelor's degrees or higher. Form No. 14b NAME OF TRAINING ESTABLISHMENT --- THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --- ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ….. , ....................................… REPORT Summary of legal training on MLM Reporting year: .... To: ……………………….. ........................ 1 would like to report our legal training on MLM in 2......... . To be specific:
1. Name of training establishment: ………………………………………………… ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 3. Contact information: ……………………………………………………………………… 4. Number of the decision on recognition of the program for legal training on MLM; II. RESULT OF LEGAL TRAINING ON MLM 1. Training result in the reporting period (Total number of training courses run in the period; number of trainees, number of enterprises registering for legal training on MLM) 2. Test result and issuance of certificates on completion of legal training course on MLM (Total number of persons who took the test and were granted the certificates on completion of legal training course on MLM, number of persons who failed the test) III. Advantages and disadvantages during organization of training courses and issuance of certificates on completion of legal training course on MLM IV. PROPOSALS AND RECOMMENDATIONS ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Recipient: REPRESENTATIVE OF TRAINING ESTABLISHMENT (Signature and seal) ___________________ 1 Name of the training establishment. 2 The previous year's report must be submitted before January 31 of the next year. Form No. 19 The People’s Committee of …. DEPARTMENT OF INDUSTRY AND TRADE --- THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --- ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ….. , ....................................… REPORT MANAGEMENT OF MLM ACTIVITIES Reporting year: .... To : ................................... Below is the report of the Department of Industry and Trade of ... on management of MLM activities in ... in ... :
(Total number of MLM enterprises operating in the province, their business performance according to the forms in Appendix I and Appendix II below). ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 1. Propagation and dissemination of regulations of law on MLM in the province 2. Results of completed administrative procedures relevant to MLM activities in the province (Specify conferences, seminars, training courses of on MLM enterprises according to the form in Appendix III below). 3. Results of inspection and actions against violations in MLM activities in the province. (Specify results of inspection and actions against violations in MLM activities in the province in the form in Appendix IV below) III. ADVANTAGES AND DISADVANTAGES IN MANAGEMENT OF MLM BUSINESS IN THE PROVINCE IV. PROPOSALS AND RECOMMENDATIONS Recipient: ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Appendix I LIST OF MLM ENTERPRISES OPERATING IN THE PROVINCE THIS PERIOD No. Name of enterprise Location of MLM activities in the province (if any) Local contact Date of commencement in the province ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. BUSINESS PERFORMANCE OF MLM ENTERPRISES IN THE PROVINCE THIS PERIOD No. Name of enterprise Revenue from MLM business in the province in the reporting year (million VND) Number of MLM participants in the province Number of new MLM participants in the province Number of MLM participants whose contracts are terminated in the province Number of basic training Commissions, bonuses and other economic benefits paid to MLM participants (million VND) ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Total commissions, bonuses and other economic benefits received in the reporting period Value of sale promotion converted into money in the reporting period Deduction of personal income tax ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Total ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Appendix III ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. No. Name of enterprise Confirmation by Department of Industry and Trade Notes Number of irregular conferences, seminars and training courses Number of regular conferences, seminars and training courses ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Total ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Appendix IV RESULTS OF INSPECTION AND ACTIONS AGAINST VIOLATIONS IN MLM ACTIVITIES IN THE PROVINCE THIS PERIOD No. Name of enterprise Address Penalty decision number ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Issuing authority Violations Fines (million VND) Other remedial measures ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Total ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Form No. 20a NAME OF ENTERPRISE --- THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --- No. … ….. , ....................................… APPLICATION FOR TESTING AND CONFIRMATION OF LEGAL KNOWLEDGE ON MLM ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Name of enterprise (UPPERCASE): ………………………………………… Head office address: ....................................................................................................... Legal representative: ............................................................................................. MLM registration certificate No. ........ issued on ............. MLM business location in the province: ......................................................... Below is the list of individuals registered for legal training on MLM. We assume the responsibility for the legality, accuracy and truthfulness of the enclosed documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. LIST OF TRAINEES (Enclosed with Application form No ... dated. ... of ... No. Full name Gender Date of birth ID/passport number Certificates of completion of legal training course on MLM ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Date of issue Issuer No. Date of issue Issuer 1 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ….. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ENTERPRISE'S LEGAL REPRESENTATIVE (Signature and seal) ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. NAME OF ENTERPRISE --- THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --- No. … ….. , ....................................… APPLICATION FOR TESTING AND CONFIRMATION OF LEGAL KNOWLEDGE ON MLM FOR LOCAL CONTACTS To: [Name of the testing authority] Name of enterprise (UPPERCASE): ………………………………………… Head office address: ....................................................................................................... ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. MLM registration certificate No. ........ issued on ............. MLM business location in the province: ......................................................... Below is the list of local contacts registered for confirmation of legal training on MLM We assume the responsibility for the legality, accuracy and truthfulness of the enclosed documents. ENTERPRISE'S LEGAL REPRESENTATIVE (Signature and seal) LIST OF LOCAL CONTACTS REGISTERED FOR CONFIRMATION OF LEGAL TRAINING ON MLM ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. No. Full name Gender Date of birth ID/passport number Certificates of completion of legal training course on MLM No. Date of issue Issuing authority ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Date of issue Issuer 1 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 2 ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. ENTERPRISE'S LEGAL REPRESENTATIVE (Signature and seal) Form No. 21b ISSUING AUTHORITY --- THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --- ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. 3x4 photo with overlapping seal CONFIRMATION OF LEGAL KNOWLEDGE ON MLM Full name: .............................................................................................. Date of birth: ............................................................................................. ID/passport number: .............................................. Issued on: ................................ at ........................................................ ... ... ... Please sign up or sign in to your TVPL Pro Membership to see English documents. Company: ................................................................................................. This is to certify that the person named above has passed the test on legal knowledge on MLM for local contacts |
