Are teachers allowed to participate in multi-level selling according to Vietnamese law?
The form of multi-level selling is increasingly flourishing in Vietnam. If we ignore the fact that people take advantage of multi-level to cheat to appropriate other people’s property, the form of multi-level selling can be considered a job to earn extra income. For the current teacher salary, the need to find part-time jobs to earn extra income to cover the teachers’ lives is increasing. Therefore, multi-level selling is one of the appropriate options for teachers. However, does the law allow teachers to participate in the form of multi-level selling? Today, LSX Lawfirm will give you an article about “Are teachers allowed to participate in multi-level selling according to Vietnamese law?“, as follows:
Legal grounds
Law on Public Employees 2010
Decree 40/2018/ND-CP
What is the concept of a teacher?
A teacher is a person who teaches, educates, plans, conducts lessons, practices, and develops courses in the school’s curriculum, and is also an examiner and examiner. questions, grading exams for students to assess the quality of each student.
Teachers at public schools are public employees according to the provisions of Article 2 of the Law on Public Employees 2010 “Vietnamese citizens recruited according to job positions, working at public non-business units under the contract regime. co-workers and receive a salary from the salary fund of public non-business units in accordance with the law”, while those holding leadership positions with positions and titles will be civil servants. deputy,…)
Can teachers participate in multi-level selling?
Because of their specific job as a government officials, teachers will not be able to engage in certain business activities. Specifically, teachers will not allowed to establish or participate in the management and administration of enterprises, as defined in Clause 1, Article 37 of the 2005 Law on Anti-Corruption as follows:
Article 37. Things cadres, civil servants, and public employees not allow to do
1. Cadres, civil servants, and public employees may not do the following: …
b) Establishing, participating in the establishment, or participating in the management and administration of private enterprises, limited liability companies, joint-stock companies, partnerships, cooperatives, private hospitals, schools private investment, and scientific research organizations, unless otherwise provided for by law.
Because it is not possible to set up a business to do business, multi-level selling is one of the ways to make money that teachers can look to earn extra income to cover their lives. However, with many scandals about this form of sale as well as taking advantage of this form to appropriate other people’s property, the state had to issue regulations on the form of multi-level selling to limit the illegality of the sale. access to this form. One of the notable regulations is the regulation on conditions for participants of multi-level sales. According to the provisions of Decree 40/2018/ND-CP, multi-level participants need to meet the following conditions:
In addition
Article 28. Conditions for multi-level sale participants
1. Multi-level sale participants are individuals with full civil act capacity as prescribed by law.
2. The following cases not allowed to participate in multi-level selling.
a) Persons who are serving prison sentences or have previous convictions for the crimes of manufacturing, trading in fake goods, manufacturing or trading in banned goods, falsely advertising, deceiving customers, fraudulently appropriating property, abusing crediting and appropriating property, illegally occupying assets, committing violations of regulations on business by multi-level method;
b) The foreigner does not have a work permit in Vietnam issued by a competent authority unless otherwise exempted by law;
c) Multi-level sale participants who have sanctioned for violations of the provisions of Clauses 2, 3, and 4, Article 5 of this Decree but have not expired the time limit considered to have not handled for administrative violations. ;
d) The individual specified at Point c, Clause 1, Article 7 of this Decree;
đ) Cadres and civil servants in accordance with the law on cadres and civil servants.
And
Accordingly to the above provisions, a multi-level sale participant only needs to satisfy two conditions: that the individual has full civil act capacity as prescribed by the Civil Code 2015 and is not eligible to participate in the sale. multi-level sales. According to the analysis above, teachers in public schools are public employees and not eligible to participate in multi-level sales as prescribed in Clause 2, Article 28 of Decree 40/2018/ND-CP, so it can said that Teachers involved in multi-level selling. However, teachers should consider participating in multi-level selling because with the problems that multi-level selling has brought to many people in the past time, this form affects their teaching as well as their work. the teacher’s credibility is very likely.
What can’t officials do?
1. Evading responsibility, abdicating assigned work or tasks; causing factions and disunity; voluntary resignation; joining the strike then.
2. Using properties of agencies, organizations, units, and people against the provisions of law.
3. Discrimination between ethnic groups, men and women, social classes, beliefs, and religions in any form.
4. Taking advantage of professional activities to propagate against the Party’s guidelines and policies, and the State’s laws or causing harm to the people’s fine customs, traditions, cultural and spiritual life, and society then.
5. Offending the honor, dignity, and reputation of others while performing professional activities.
6. Other things that public employees not allowed to do according to the provisions of the Law on Anti-corruption, the Law on Thrift Practice and Anti-waste, and other relevant provisions of law then.
What is MLM?
This a general term used to refer to a method of marketing a product. This is a business of selling goods directly to consumers, consumers can directly buy goods at the company without having to go through agents or retailers. Thanks to that, this form also saves a lot of costs from advertising, promotions, yard fees, storage, and freight. This money used to pay distributors and upgrade and improve products to continue serving consumers. This is a business method that takes advantage of the habits of consumers: when using good products and services, they often share them with relatives, friends, and people around. Multi-level business causes a lot of controversy in society and often attributed to virtual pyramids.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Are teachers allowed to participate in multi-level selling according to Vietnamese law?”. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Related article
How is Vietnam’s state management of multi-level selling?
Is multi-level selling illegal in Vietnam?
Do businesses pay tax when suspending business in Vietnam?
Related questions
An official who does not hold a managerial position if he/she commits a violation of the law shall depend on the seriousness of the violation, be subject to one of the following disciplinary forms:
a) Firstly, Reprimand; b) Secondly, c) Thirdly, Forced resignation.
People participating in the multi-level network will be scammed by these companies, making them believe that they are financially independent through the multi-level business. They will be attracted to phrases like “the lifestyle you deserve” or “independent distributor” most likely “get rich quick”. Products and services mainly depend on the multi-level model. These multi-level companies will usually not mention the possibility of failure, or financial loss. To create a virtual trust for participants in this model.
In Vietnam, multi-level selling is a new concept and was first officially recognized in the 2004 Competition Law. Before that, this business type was often referred to as “multi-level marketing”, or “business”. network marketing”, “multi-tier marketing”
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “Are teachers allowed to participate in multi-level selling according to Vietnamese law?”. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
Conclusion: So the above is Are teachers allowed to participate in multi-level selling according to Vietnamese law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
