According to the Ministry of Industry and Trade , the new decree is considered necessary to improve the legal framework and overcome the limitations of Decree No. 40/2018/ND-CP on management of multi-level marketing activities and Decree No. 18/2023/ND-CP amending and supplementing a number of articles of Decree 40/2018/ND-CP on management of multi-level marketing activities in the context of digital transformation and the policy of creating favorable legal conditions for people and businesses.
In particular, this decree aims to strengthen consumer protection and social security against sophisticated fraud models disguised as multi-level marketing. At the same time, the issuance of the new decree also aims to ensure consistency with the 2023 Law on Consumer Protection and new regulations on decentralization and delegation of authority.
This Decree also implements the requirements for administrative procedure reform according to Resolution 68/NQ-CP issued by the Government on May 20, 2020 on the Program for cutting and simplifying regulations related to business activities in the period of 2020 - 2025; Directive 16/CT-TTg issued by the Prime Minister on May 20, 2024 on requesting ministries, branches and localities to continue to promote cutting and simplifying administrative procedures to serve people and businesses; Resolution 66/NQ-CP issued by the Government on March 26, 2025 on the Program for cutting and simplifying administrative procedures related to production and business activities in 2025 and 2026.
Currently, regulations on the management of multi-level marketing activities are currently stipulated in 3 decree-level documents: Decree 40/2018/ND-CP; Decree 18/2023/ND-CP; Decree 55/2024/ND-CP. Therefore, it is appropriate to issue a new decree to unify regulations on the management of multi-level marketing activities into one decree.
The new draft decree proposes a revised and supplemented content on the concept of multi-level marketing business. The will decree clarify whether this model is determined by the system of participants of a multi-level marketing enterprise or by the system of downlines of multi-level marketing participants. At the same time, regulations on the form of multi-level marketing participation contracts will also be adjusted to facilitate businesses and be consistent with the policy of simplifying business regulations.
In addition, the draft also focuses on improving the practicality of basic training activities for multi-level marketing participants, ensuring that learners have a solid grasp of knowledge to have a correct and complete understanding when participating in multi-level marketing activities. On the other hand, the draft proposes to increase the financial capacity of enterprises registering for multi-level marketing activities by increasing the deposit level from 10 billion to 20 or 50 billion VND.
In addition, supplement regulations on operating conditions of multi-level marketing enterprises in localities to improve the effectiveness of state management, especially in areas with many participants. In particular, additional regulations on the repurchase of multi-level marketing registration certificates to prevent the buying and selling of licenses; supplement regulations on the responsibilities of multi-level marketing participants to guide behavior, ensure exemplary behavior, and enhance the responsibility of high-level multi-level marketing participants.
To implement administrative procedure reform, the draft decree will remove the procedure of Notifying changes to the List of goods traded under the multi-level marketing method and replace the procedure of checking and granting confirmation of legal knowledge on multi-level sales with a knowledge testing mechanism. The time for processing administrative procedures will also be shortened by 50%.
According to the Law on Government Organization 2025, the Law on Organization of Local Government 2025, the Law on Promulgation of Legal Documents 2025, along with the Conclusions and Plans of the Politburo , the Secretariat, and the Government on decentralization and delegation of power, the Ministry of Industry and Trade proposes to decentralize many tasks to the provincial level.
These include tasks: recognizing the training program on legal knowledge of multi-level marketing; checking the knowledge of multi-level marketing law; checking the knowledge of local focal points. At the same time, revoking the confirmation of legal knowledge of multi-level marketing and confirming the knowledge of local focal points; checking and supervising the activities of the training facility on legal knowledge of multi-level marketing and notifying the termination of multi-level marketing activities.
Source: https://baohaiphongplus.vn/de-xuat-tang-muc-ky-quy-cua-doanh-nghiep-da-cap-len-50-ty-dong-415824.html
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