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Victims of online multi-level space is difficult to reclaim the money

Tuesday, 17/07/2012, 15:33 GMT+7

Expert analysis of multi-level business model.

Authorities are on a quest to understand the business of the MB24, but experts fear could disadvantage buyers leaning towards the pavilion-style e-commerce as "hybrid" multi-level has not been recognized in law .

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After the story MB24 many members of the authorities for help because they must take the debt by tens of millions of online stores buy trot, VnExpress.net has received a series of comments, which many experts around the issue this. The question posed is primarily the legality of business activity type MB24, MB24 form of a business e-commerce or multi-level sales, as well as the ability to withdraw capital from its members.

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Under Circular 46/2010 of the Ministry of Industry and Trade, exchange e-commerce model is defined as more people buy, many sellers participate in a public space - a website owned and managed by a traders or organizations. More importantly, these exchanges have to register with the Ministry of Industry and Trade and certification authorities - which MB24 no. Talking to VnExpress.net, representing Department of Electronic Commerce and Information Technology, Ministry of Industry and Trade said the agency does not assume MB24 is trading electronic commerce.

Whereas, under Article 3 - Competition Law 2005, multi-level sales were identified as the retail sales through a network of multi-level participants, many different branches. Goods are marketed directly to consumers but not at the regular retail location or business of the participant. The multi-level sale participants will receive commissions, bonuses or other economic benefit from the results of sales and marketing of lower-level participants in the network organized by themselves.

Expert analysis of multi-level business model.

Lawyer Bui Quang Nghiem economic think this is the business model of MB24 are more suspicious. He said multi-level business has been recognized in Vietnam, but to have meaningful activities goods, a company registered and licensed sale of goods.

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In the case of joint-stock companies trading online training (MB24), these enterprises have registered with the Ministry of Information and Communications to establish a website. But no goods on which the Department of Electronic Commerce and Information Technology, Ministry of Industry and Commerce for registration should not be sold.

"Goods must be registered may be sold. Although booth rental or sale must also be the property owned by individuals and organizations recognized by the State. How can you sell what he no, not licensed, "said Nghiem said.

Lawyer Bui Quang Nghiem added, to set up a website, transactions are allowed only a means to exchange goods. And on that product, whether tangible or intangible, to sell must be granted by the registration authority.

Pham Thanh Binh Lawyer - Law firm represented Jade, said that business activity is the expression of the MB24 is inconsistent with current regulations. Article 9 of the Enterprise Law and business units to function properly registered domain, responsible for the goods sold. Mr. Binh said that the business model is multi-level disguises. By multi-level trade usually distribute their products, mainly active selling e-shop.

Clip: Interview lawyer Pham Thanh Binh on multi-level space

With multi-level model, Lawyer Pham Thanh Binh said that this is a progressive business methods, has succeeded in many countries around the world. But in Vietnam, due to a number of individuals and organizations involved in the wrong way this business should be distorted, misleading. "People should learn the techniques involved partners, is bound to contract requirements, read the terms and documents. Lesson vigilance is the bigger the profit the higher risk," he said.

The lawyer added that Circular 46 issued by the Ministry of Industry and Commerce, businesses and individuals buying and selling exchange e-commerce to contract documents. MB24 has not been granted registration as exchange e-commerce. The business model of this company is not stipulated in the law, so difficult legal basis for those involved in that claim money when disputes occur.

According to sources from the Department of Electronic Commerce and Information Technology, currently has more than 20 websites operating under multi-level model. However, not every business that business methods are multi-level signs of law violations. The agency is completing the Decree Law on Electronic Commerce to tune in next time. Meanwhile, representatives of law-enforcement agencies also confirmed with VnExpress.net is "an eye" to illegal business forms online, and will result in the shortest time.


Written : Nhật Minh - Xuân Ngọc