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| Opinions of the State Administration for Market Regulation on Further Strengthening the Regulation of Direct Selling | | 国家市场监督管理总局关于进一步加强直销监督管理工作的意见 |
| (No. 8 [2018] of the State Administration for Market Regulation) | | （国市监竞争〔2018〕8号） |
| The administrations for industry and commerce and market regulatory authorities of all provinces, autonomous regions, and municipalities directly under the Central Government: | | 各省、自治区、直辖市工商行政管理局、市场监督管理部门： |
| For purposes of adapting to the changes of regulatory modes brought by the reform of the business system and ensuring the maintenance of the direct selling market and the promotion of the well-regulated, sound and orderly development of the direct selling market against the backdrop of reform of simplification of administrative procedures, delegation of powers, combination of delegation and control, and optimization of services, according to the Regulation on Direct Selling Administration, the Regulation on the Prohibition of Pyramid Selling, and other relevant laws, regulations, and rules, the following opinions on further tightening the regulation of direct selling are hereby offered: | | 为适应商事制度改革带来的监管方式转变，做到在“放管服”改革大背景下，维护直销市场秩序，促进直销市场规范健康有序发展，根据《直销管理条例》《禁止传销条例》及有关法律、法规、规章规定，现就进一步加强直销监督管理工作提出如下意见： |
| I. Tightening the regulation of direct selling enterprises, direct sellers, and the distributors, partners, and affiliates of direct selling enterprises | | 一、加强对直销企业、直销员及直销企业经销商、合作方、关联方的监管 |
| 1. Tightening the regulation of direct selling enterprises, direct sellers, and their direct selling activities. The industry and commerce and market regulatory authorities in all regions shall, as required by the Regulation on Direct Selling Administration and other laws and regulations, strengthen the regulation of direct selling businesses and pay attention to whether they hold regional licenses for direct selling activities and whether they have modified the licenses for direct selling businesses and business registration items in a timely manner, among others; tighten the regulation of recruitment of direct sellers and focus on whether recruiters, recruitment targets, and recruitment advertisements are lawful and whether direct sellers are recruited subject to the condition of payment of fees or purchase of goods; strengthen the regulation of direct selling training activities and pay attention to whether direct selling trainers hold certificates and whether the content and modes of training are legal; strengthen the regulation of direct selling operations and pay attention to whether the returns and replacements systems are effectively implemented, whether the products for direct selling exceed the scope of confirmed products, and whether there are exaggerated or false advertising, consumer defrauding, and other circumstances; and strengthen the regulation of compensation and pay attention to whether compensation plans are legal and whether there are team-based compensation and other illegal activities. | | （一）加强对直销企业、直销员及其直销活动的监管。各地工商和市场监管部门应按照《直销管理条例》等法律法规要求，加强对直销经营主体的监管，关注其是否获得直销活动区域许可，是否及时变更直销经营许可和企业登记注册事项等；加强对直销员招募活动的监管，关注招募主体、招募对象和招募广告内容是否合法，是否以交纳费用或购买商品作为发展直销员的条件；加强对直销培训活动的监管，关注直销培训员是否持证上岗，培训内容和方式是否合法；加强对直销经营活动的监管，关注退换货制度是否有效执行，直销产品是否超出产品核准范围，是否有夸大或虚假宣传及欺诈消费者等情形；加强对计酬行为的监管，关注计酬奖励制度是否合法，是否存在团队计酬等违法行为。 |
| 2. Tightening the regulation of the distributors of direct selling enterprises. The industry and commerce and market regulatory authorities in all regions shall strengthen the regulation of the distributors and various businesses distributing the products of direct selling enterprises and urge direct selling enterprises to guide and restrict the operating activities of their distributors. A better understanding of the registration information of distributors of direct selling enterprises within the jurisdictions shall be gotten, and attention shall be paid to whether they have fixed premises of business, whether they have lawful business licenses, whether they have entered into distribution contracts with direct selling enterprises, whether they have placed business licenses in a conspicuous part in their premises of business, and whether they comply with all legal requirements so as to protect the lawful rights and interests of consumers. Various regulatory measures shall be leveraged to urge the distributors of direct selling enterprises in the jurisdictions not to engage in direct selling activities, not to advertise products in an exaggerated or false manner, not to conduct commercial advertising, promotion, and other activities in the name of the direct selling enterprises, or organize or participate in pyramid schemes. If there is evidence that the pyramid selling conduct of a distributor is a result of the agreement with or the support or abetment of a direct selling enterprise, the industry and commerce and market regulatory authority shall punish the distributor and the direct selling enterprise in accordance with the relevant provisions of the Regulation on the Prohibition of Pyramid Selling. | | （二）加强对直销企业经销商的监管。各地工商和市场监管部门应加强对分销直销企业产品的经销商及各类经营主体的监管，督促直销企业对其经销商的经营行为进行指引和约束。应对辖区内直销企业的经销商的注册登记信息加强了解，关注其是否有固定经营场所，是否具有合法营业执照，是否与直销企业签订经销合同，是否在经营场所醒目位置摆放营业执照，是否在经营活动中遵守各项法律规定，保障消费者合法权益等。应充分运用各种监管手段，督促辖区内直销企业经销商不得从事直销活动，不得对产品进行夸大虚假宣传，不得以直销企业名义从事商业宣传、推销等活动，不得组织或参与传销。对有证据证明经销商的传销行为系按照与直销企业的约定或者由直销企业支持、唆使的，由工商和市场监管部门依据《禁止传销条例》的相关规定，处罚经销商的同时处罚直销企业。 |
3. Tightening the regulation of the partners and affiliates of direct selling enterprises. Industry and commerce and market regulatory authorities shall tighten the regulation of the partners and affiliates with which direct selling enterprises have cooperative agreement relationships. If a partner or affiliate engages in pyramid selling in the name of a direct selling enterprise, under the banner of a direct selling company, or by means of the influence of a direct selling license, with the support, assistance, connivance, or acquiescence of the direct selling enterprise, the direct selling enterprise shall be investigated and punished for facilitating pyramid selling activities while the partner or affiliate is investigated and punished for engaging in pyramid selling activities, and if the circumstances are serious, the direct selling enterprise shall be investigated and punished as a joint pyramid selling offender; and if the person in charge of a direct selling enterprise sponsors, advertises, or provides assistance or facilitation for the illegal activities of a partner or affiliate, and it is difficult to hold the direct selling enterprise liable, the person in charge shall be held liable for facilitation of pyramid selling activities or joint offense.
．．．．．． | | （三）加强对直销企业合作方、关联方的监管。工商和市场监管部门应加强对与直销企业有合作协议关系的合作方、关联方的监管。如有合作方、关联方挂靠直销企业，打着直销企业旗号或借助直销牌照影响力从事传销，而直销企业提供支持、帮助、纵容或默许的，对合作方、关联方以从事传销活动进行查处的同时，对直销企业以为传销活动提供便利条件进行查处，情节严重的，对直销企业以传销共同违法行为人进行查处；如直销企业负责人为合作方、关联方违法活动站台、宣传或提供帮助、便利，又难以追究直销企业责任时，对该负责人个人追究为传销活动提供便利条件的责任或共同违法责任。
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