Circular number 45/VBHN-BCT details certain provisions of Decree number 40/2018/NĐ-CP on the management of direct selling activities, including the framework of legal knowledge training programs, examination procedures and confirmation of knowledge, as well as regulations on the classification of administrative procedure implementation. This Circular takes effect from July 21, 2023.
Đối tượng áp dụng
Training institutions for legal knowledge on direct selling, direct selling enterprises, individuals seeking to examine and confirm their legal knowledge, local contacts, and related organizations and individuals.
Các điểm cốt lõi
- Training institutions must issue a minimum training program of 8 hours with content according to Model Appendix 1.
- The People's Committee of the province shall organize or authorize training institutions to examine legal knowledge on direct selling and confirm knowledge for local contacts.
- Examinations are conducted in essay or multiple-choice format, with specific score requirements.
- Confirmation of legal knowledge on direct selling and confirmation of knowledge for local contacts is carried out according to Models 21a and 21b.
- The People's Committee of the province shall revoke legal knowledge confirmation in specific cases, with clear procedures and formalities.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Ensuring participants in direct selling have full legal knowledge helps prevent violations.
- Negative impact: Increasing the burden on enterprises and individuals to implement examination and training procedures.
- Benefit: Consumers are better protected through the restriction of fraudulent direct selling activities.
- Cost: Enterprises must pay for the training and examination process.
- Limitation of rights: Individuals may have their legal knowledge confirmation revoked if they violate regulations.
❓ Câu hỏi thường gặp
What must training institutions undertake?
Training institutions must issue a minimum training program of 8 hours and conduct examinations according to the prescribed framework program.
What are the conditions for direct selling enterprises to obtain legal knowledge confirmation?
Enterprises need to achieve scores of 80 (multiple choice) or 65 (essay) or higher.
How many models are there for confirming legal knowledge on direct selling?
There are two models: number 21a and 21b.
What is the procedure for revoking legal knowledge confirmation?
The People's Committee of the province will issue a decision to revoke within 10 working days from the date of discovering the specified cases.
When does this Circular take effect?
This Circular takes effect from July 21, 2023.
Toàn văn
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MINISTRY OF INDUSTRY AND TRADE |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 45/VBHN-BCT |
Hanoi, October 13, 2025 |
CIRCULAR
DETAILING CERTAIN PROVISIONS OF DECREE NO. 40/2018/ND-CP OF MARCH 12, 2018 ISSUED BY THE GOVERNMENT ON THE MANAGEMENT OF MULTILEVEL MARKETING ACTIVITIES
Circular No. 10/2018/TT-BCT dated May 24, 2018 issued by the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/ND-CP dated March 12, 2018 issued by the Government on the management of multilevel marketing activities, which took effect from July 15, 2018, has been amended and supplemented by:
1. Circular No. 12/2023/TT-BCT dated June 5, 2023 issued by the Minister of Industry and Trade amending and supplementing certain provisions of Circular No. 10/2018/TT-BCT dated May 24, 2018 issued by the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/ND-CP dated March 12, 2018 issued by the Government on the management of multilevel marketing activities, which took effect from July 21, 2023;
2. Circular No. 38/2025/TT-BCT dated June 19, 2025 issued by the Minister of Industry and Trade amending and supplementing certain regulations on the delegation of administrative procedures in fields under the purview of the Ministry of Industry and Trade, which took effect from July 1, 2025.
Pursuant to Decree No. 40/2018/ND-CP dated March 12, 2018 issued by the Government on the management of multilevel marketing activities;
Pursuant to Decree No. 98/2017/ND-CP dated August 18, 2017 issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
At the proposal of the Director of the Competition and Consumer Protection Department;
The Minister of Industry and Trade issues this Circular detailing certain provisions of Decree No. 40/2018/ND-CP dated March 12, 2018 issued by the Government on the management of multilevel marketing activities.[1]
Article 1. Scope of Regulation
[2]This Circular stipulates the framework for training programs on legal knowledge about multilevel marketing; the process of inspecting, issuing, and revoking confirmation of legal knowledge about multilevel marketing, and knowledge for local contacts.
Article 2. Applicability
[3]This Circular applies to training institutions for legal knowledge about multilevel marketing, multilevel marketing enterprises, individuals seeking to be inspected and confirmed for legal knowledge about multilevel marketing, knowledge for local contacts, and other organizations and individuals related thereto.
Article 3. Framework for Training Programs on Legal Knowledge About Multilevel Marketing
The framework for training programs on legal knowledge about multilevel marketing (hereinafter referred to as the training program) issued by the training institution for legal knowledge about multilevel marketing must ensure the following contents:
1. Duration of training: at least eight hours;
2. The framework for training programs on legal knowledge about multilevel marketing is prescribed according to the model set forth in Appendix 1 attached hereto.
Article 4
[4].(Repealed)
Article 5. Procedure for Organizing Inspections of Legal Knowledge About Multilevel Marketing and Knowledge for Local Contacts
[5]1. [6] The People's Committee of the province shall organize or authorize in writing the training institution for legal knowledge about multilevel marketing to organize inspections of legal knowledge about multilevel marketing and knowledge for local contacts according to the following procedure:
a) Verify the completeness and validity of the registration dossier for inspection and confirmation of legal knowledge about multilevel marketing in accordance with Clause 1, Article 39 of Decree No. 40/2018/ND-CP, as amended and supplemented by Clause 28, Article 1 of Decree No. 18/2023/ND-CP.
b) Develop a plan regarding time, location, and method of inspection.
c) Announce the inspection plan.
d) Organize the inspection.
đ) Evaluate the inspection results.
e) Announce the inspection results.
2. The inspection of legal knowledge about multilevel marketing and the inspection of knowledge for local contacts may be organized in the same session or in different sessions.
Article 6. Forms of examination and evaluation of examination results
[7]1. The examination of knowledge of laws on multi-level marketing and knowledge for local contacts shall be conducted in essay or multiple-choice format with a minimum duration of 60 minutes.
2. Examination scores will be graded out of 100 points, with specific requirements as follows:
a) For the examination of knowledge of laws on multi-level marketing, a score below 80 points for the multiple-choice format or below 65 points for the essay format is considered unsatisfactory.
b) For the examination of knowledge for local contacts, a score below 70 points for the multiple-choice format or below 50 points for the essay format is considered unsatisfactory.
Article 7. Confirmation of knowledge of laws on multi-level marketing and confirmation of knowledge for local contacts
[8]Confirmation of knowledge of laws on multi-level marketing and confirmation of knowledge for local contacts shall be carried out according to Model No. 21a and Model No. 21b issued together with Decree No. 18/2023/NĐ-CP.
Article 8. Revocation of confirmation of knowledge of laws on multi-level marketing and confirmation of knowledge for local contacts
[9]1. Provincial People's Committees shall revoke confirmation of knowledge of laws on multi-level marketing and confirmation of knowledge for local contacts in the following cases:
a) Discovery of false information in the registration form for examination of those who have been granted confirmation;
b) Multi-level marketing enterprises ceasing their multi-level marketing activities;
c) Individuals confirmed with knowledge of laws on multi-level marketing terminating their labor contracts or training contracts, and individuals confirmed with knowledge for local contacts terminating their roles as local contacts with multi-level marketing enterprises. Multi-level marketing enterprises are responsible for notifying the examination authority within two working days from the date of termination of the local contact relationship or training contract with the individual confirmed with knowledge of laws on multi-level marketing or knowledge for local contacts.
2. Procedures and formalities for revoking confirmation of knowledge of laws on multi-level marketing and confirmation of knowledge for local contacts:
a) Within ten working days from the occurrence of the cases stipulated in Clause 1 of this Article, the provincial people's committee shall issue and send the decision to revoke confirmation of knowledge of laws on multi-level marketing or confirmation of knowledge for local contacts to the enterprise. The confirmation of knowledge of laws on multi-level marketing or confirmation of knowledge for local contacts shall cease to be effective from the date the provincial people's committee issues the Decision to Revoke.
b) The provincial people's committee shall be responsible for publishing on the electronic information website of the examination authority the revocation of confirmation of knowledge of laws on multi-level marketing or confirmation of knowledge for local contacts of each multi-level marketing enterprise.
Article 9. Effective Date
[10]1. This Circular takes effect from July 15, 2018.
2. This Circular abolishes Circular No. 24/2014/TT-BCT dated July 30, 2014 of the Minister of Industry and Trade detailing certain provisions of Decree No. 42/2014/NĐ-CP dated May 14, 2014 of the Government on management of multi-level marketing activities.
Article 10. Implementation Organization
1. The National Competition Authority[11], within its functions and tasks, is responsible for implementing the provisions of this Circular.
2. Organizations and individuals related thereto are responsible for implementing this Circular and submitting comments and recommendations to the Ministry of Industry and Trade for guidance and resolution of arising difficulties and obstacles.
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CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER |
ANNEX 1
FRAMEWORK OF TRAINING PROGRAM ON KNOWLEDGE OF LAWS ON MULTI-LEVEL MARKETING
(Annexed to Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade)
I. OVERVIEW OF MULTI-LEVEL MARKETING
1.1. Concept and characteristics of multi-level marketing
1.2. Current status of multi-level marketing in Vietnam and worldwide
II. LEGAL REGULATIONS ON MANAGEMENT OF BUSINESS ACTIVITIES THROUGH MULTI-LEVEL MARKETING METHODS
2.1. Regulatory legal documents governing
2.2. Management authorities
2.3. Legal issues related to multi-level marketing enterprises (provisions on registration of operations, issues to be observed during operation, prohibited acts)
2.4. Legal issues related to participants in multi-level marketing (contract signing, basic training, issuance of membership cards; issues to be observed during operation, prohibited acts)
2.5. Basic legal provisions on goods sold through multi-level marketing methods
2.6. Handling violations by multi-level marketing enterprises and participants in multi-level marketing
III. ETHICAL CODES FOR MULTI-LEVEL MARKETING
3.1. Code of conduct towards consumers
3.2. Code of conduct between enterprises and participants
3.3. Code of conduct between enterprises
IV. LEGAL PROVISIONS ON CONSUMER RIGHTS PROTECTION
4.1. Overview of legal provisions on consumer rights protection
4.2. Rights of consumers
4.3. Responsibilities of enterprises towards consumers (information provision, warranty policies, product recall...)
4.4. Sanctions for violations of legal provisions on consumer rights protection
V. LEGAL PROVISIONS ON ADVERTISING
5.1. Overview of advertising
5.1.1. Basic concepts
5.1.2. Regulatory legal documents governing
5.2. Advertising issues to be noted in multi-level marketing business activities
5.2.1. Prohibited acts in advertising activities
5.2.2. Conditions for advertising
5.2.3. Rights and obligations of relevant subjects in advertising activities
5.2.4. Notes on advertising for functional foods and cosmetics.
ANNEX 2
[12](Repealed)
ANNEX 3
[13](Repealed)
[1] Circular No. 12/2023/TT-BCT amending and supplementing some articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of business activities through multi-level marketing methods is based on the following grounds:
"On the basis of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of business activities through multi-level marketing methods (hereinafter referred to as Decree No. 40/2018/NĐ-CP);
BASED ON Decree No. 18/2023/NĐ-CP dated April 28, 2023 of the Government amending and supplementing certain articles of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of direct selling activities (hereinafter referred to as Decree No. 18/2023/NĐ-CP);
Based on Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
At the proposal of the Chairman of the National Competition Commission;
The Minister of Industry and Trade promulgates this Circular amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of direct selling activities.
Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of administrative procedures implementation in fields under the jurisdiction of the Ministry of Industry and Trade, which shall take effect from July 1, 2025, is based on the following grounds:
“Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15;
Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;
Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 146/2025/NĐ-CP dated June 12, 2025 of the Government on decentralization and delegation in the field of industry and trade;
Pursuant to Decree No. 139/2025/NĐ-CP dated June 12, 2025 of the Government on the division of authority of local governments at two levels in the field of state management of the Ministry of Industry and Trade;
At the proposal of the Director of the Office of the Ministry,
The Minister of Industry and Trade promulgates the Circular amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade."
The Minister of Industry and Trade issues this Circular amending and supplementing certain provisions on the delegation of administrative procedure implementation in fields under the management of the Ministry of Industry and Trade.”
[2] This provision is amended and supplemented pursuant to Clause 1, Article 1 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of direct selling activities, which shall take effect from July 21, 2023.
[3] This provision is amended and supplemented pursuant to Clause 2, Article 1 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of direct selling activities, which shall take effect from July 21, 2023.
[4] This provision is abolished pursuant to Clause 2, Article 2 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of direct selling activities, which shall take effect from July 21, 2023.
[5] This provision is amended and supplemented pursuant to Clause 3, Article 1 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of direct selling activities, which shall take effect from July 21, 2023.
[6] This clause is amended and supplemented pursuant to Clause 1, Article 35 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of administrative procedures implementation in fields under the jurisdiction of the Ministry of Industry and Trade, which shall take effect from July 1, 2025.
[7] This provision is amended and supplemented pursuant to Clause 4, Article 1 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of direct selling activities, which shall take effect from July 21, 2023.
[8] This provision is amended and supplemented pursuant to Clause 5, Article 1 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of direct selling activities, which shall take effect from July 21, 2023.
[9] This provision is amended and supplemented pursuant to Clause 6, Article 1 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of direct selling activities, which shall take effect from July 21, 2023, and Clause 2, Article 35 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of administrative procedures implementation in fields under the jurisdiction of the Ministry of Industry and Trade, which shall take effect from July 1, 2025.
Article 2 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on management of direct selling activities, which shall take effect from July 21, 2023, provides as follows:
“Article 2. Implementation Provisions
1. This Circular takes effect from July 21, 2023.
2. Abolish Article 4 and Appendices 2 and 3 issued together with Circular No. 10/2018/TT-BCT.
Article 37 of Circular No. 38/2025/TT-BCT amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade shall take effect from July 1, 2025, and is stipulated as follows:
"Article 37. Implementation Provisions
1. This Circular takes effect from July 1, 2025.
2. Attach to this Circular replacement forms in administrative procedures at Appendix I, new forms prescribed in administrative procedures at Appendix II.
3. Transitional Provisions
Licenses, Certificates, Certifications, approval documents, consent documents for administrative procedures in fields that have been issued, approved, or consented to by state management agencies before July 1, 2025 shall continue to be valid until their expiration date as specified in the Licenses, Certificates, Certifications, approval documents, or consent documents according to the regulations.
4. This Circular abolishes:
a) Point d, Clause 2, Article 4, Clause 3, Article 18 of Circular No. 23/2024/TT-BCT dated November 7, 2024 of the Minister of Industry and Trade regarding the management and use of industrial explosives and explosive precursors under the management authority of the Ministry of Industry and Trade;
b) The phrase "Department of Science and Technology" at point a, Clause 4, Article 11; the phrase "Department of Industry and Trade" at Note (5) Model 01, Note (7) Model 02 Appendix IV of Circular No. 23/2024/TT-BCT dated November 7, 2024 of the Minister of Industry and Trade regarding the management and use of industrial explosives and explosive precursors under the management authority of the Ministry of Industry and Trade;
c) Appendix I promulgated together with Circular No. 40/2018/TT-BCT dated October 30, 2018 of the Minister of Industry and Trade regarding the establishment and content of safety management documents in oil and gas activities;
d) Article 17 of Circular No. 36/2019/TT-BCT dated November 29, 2019 issued by the Minister of Industry and Trade regarding product quality management under the responsibility of the Ministry of Industry and Trade;
đ) The phrase "by post" in the content of Circular No. 11/2015/TT-BCT dated June 4, 2015 of the Minister of Industry and Trade regarding the transit of goods of the People's Republic of China through the territory of the Socialist Republic of Vietnam;
e) Clause 2, Article 21 of Circular No. 57/2018/TT-BCT dated December 26, 2018 issued by the Minister of Industry and Trade detailing certain provisions of Decrees related to tobacco business.
g) Article 2 of Circular No. 43/2023/TT-BCT of the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 57/2018/TT-BCT dated December 26, 2018 of the Ministry of Industry and Trade detailing certain provisions of Decrees related to tobacco sales;
h) Appendixes 11, 12, 13, 14, 15 promulgated together with Circular No. 43/2023/TT-BCT of the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 57/2018/TT-BCT dated December 26, 2018 of the Ministry of Industry and Trade detailing certain provisions of Decrees related to tobacco sales;
i) Clause 1, Clause 2, Article 18 of Circular No. 02/2025/TT-BCT dated February 1, 2025 issued by the Minister of Industry and Trade regarding the protection of power facilities and safety in the power sector;
k) Clause 2, Article 12 of Circular No. 47/2014/TT-BCT dated December 5, 2014 issued by the Minister of Industry and Trade regarding the management of e-commerce websites;
l) Clause 2, Article 11 of Circular No. 59/2015/TT-BCT dated December 31, 2015 of the Minister of Industry and Trade regarding the management of e-commerce activities through mobile applications;
m) Appendix V promulgated together with Circular No. 07/2019/TT-BCT dated June 20, 2019 of the Minister of Industry and Trade regarding the export of textile and garment products to Mexico under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;
n) Clause 2, Article 5, Clause 3, Article 6 of Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;
o) Article 15 of Circular No. 36/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade, stipulates the quality management of products and goods under the responsibility of the Ministry of Industry and Trade;
p) Clause 2, Article 5, Clause 3, Article 6, Clause 4, Article 7, Clause 2, Article 8 of Circular No. 12/2018/TT-BCT dated June 15, 2018 of the Minister of Industry and Trade detailing certain provisions of the Law on Foreign Trade Management and Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management.”
[11] The phrase "National Competition Commission" replaces the phrase "Consumer Protection Agency" pursuant to Clause 7, Article 1 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on the management of multi-level marketing business activities, which takes effect from July 21, 2023.
[12] This Appendix is abolished pursuant to Clause 2, Article 2 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on the management of multi-level marketing business activities, which takes effect from July 21, 2023.
[13] This Appendix is abolished pursuant to Clause 2, Article 2 of Circular No. 12/2023/TT-BCT amending and supplementing certain articles of Circular No. 10/2018/TT-BCT dated May 24, 2018 of the Minister of Industry and Trade detailing certain provisions of Decree No. 40/2018/NĐ-CP dated March 12, 2018 of the Government on the management of multi-level marketing business activities, which takes effect from July 21, 2023.
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