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ARTICLE · 09 NOVEMBER 2021

Draft Decree Introducing More Requirements For Multi-Level Marketing

To manage multi-level marketing better a decree is drafted to amend Decree 40. Requirements are introduced to limit fraud and close loopholes.

VietnamCorporate/Commercial Law

To manage multi-level marketing better a decree is drafted to amend Decree 40. Requirements are introduced to limit fraud and close loopholes. Also, experience will be required prior to investing in Vietnam. Finally, transparency will be improved.

LEGAL UPDATE

A new draft decree (Draft Decree) intends to amend and supplement Decree No. 40/2018/ND-CP (Decree 40) that provides a regulatory framework for multi-level marketing activities (MLM) in Vietnam. The Draft Decree suggests a wad of new compliance regulations that envisage controlling known industry problems. Significant changes, as proposed by this Draft Decree, are summarised below.

1. Minimum Commission Rate

Until now, Decree 40 does not impose a minimum commission rate on individual sales of MLM participants. The Draft Decree suggests a minimum of 20% commission on each sale, which aims to prevent fraudulent business models under MLM guise and increase the average revenue share of participants.

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