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20051201the Ministry of Commerce, the Ministry of Public Security, the State Administration for Industry and CommerceOrder of the Ministry of Commerce, the Ministry of Public Security and the State Administration for Industry and CommerceNo.23The Measures for the Administration on Vocational Training of Sales Promoters, which were deliberated and adopted at the 15th executive meeting of the Ministry of Commerce on October 19, 2005, and approved to by the Ministry of Public Security and the State Administration for Industry and Commerce, are hereby promulgated and shall come into force as of December 1st, 2005.Bo Xilai, MinisterZhou Yongkang, MinisterWang Zhongfu, Direct GeneralNovember 1st, 2005epdf/e04481.pdfB3,A5sales promoter, examination on sales promoters, training on sales promoters, certificate of sales promoter, certificate of direct selling trainere04481Measures for the Administration on Vocational Training of Sales PromotersArticle 1 The present Measures are formulated according to the provisions of paragraph 3 of Article 21 of the Regulations on Direct Selling Administration.Article 2 The present Measures shall apply to the holding of Vocational training on sales promoters (hereinafter referred to as the direct selling training) and examinations within the territory of the Peoples Republic of China.Article 3 The direct selling training as referred to as in the present Measures shall mean various training activities conducted by direct selling companies to their sales promoters and sales promoters to be recruited by them on relevant laws and regulations of the state and the basic direct selling knowledge.The examination on sales promoters as referred to as in the present Measures shall refer to the examination conducted by direct selling companies on the sales promoters to be recruited by them.Article 4 The direct selling company shall issue the Certificate of Sales Promoters and the Certificate of Direct Selling Trainers respectively to the sales promoters and direct selling trainers who meet the conditions as prescribed in the Regulations on Direct Selling Administration.The direct selling company shall, before the 15th day every month, put on archives the name list of personnel who have obtained the Certificate of Direct Selling Trainers of its company in the previous month at the Ministry of Commerce through the competent department of commerce at provincial level where the company is located. No personnel who are not put on archives may carry out training on sales promoters. The direct selling trainers may only make training upon the appointment of their own companies.The Certificates of Sales Promoters and the Certificates of Direct Selling Trainers shall be printed by the direct selling companies in pursuance of the standard pattern designed by the Ministry of Commerce.Article 5 The sales promoter shall wear the Certificate of Sales Promoters when selling products to any consumer, and the direct selling trainer shall wear the Certificate of Direct Selling Trainers when undertaking direct selling training activities.No one may forge, change, alter, lease, lend, transfer or sell the Certificate of Sales Promoters or the Certificate of Direct Selling Trainers.Article 6 The direct selling training shall focus on the relevant contents in the Regulations on Direct Selling Administration, the Regulations on Prohibition of Pyramid Selling, the Contract Law, the Law on the Protection of the Rights and Interests of Consumers, the Product Quality Law, the Anti-Unfair Competition Law and other laws and regulations, the ethics of sales promoters, knowledge on the disclosure of direct selling risk and marketing, and etc..The examination on sales promoters shall include the contents as prescribed in the preceding paragraph.Article 7 No direct selling company may charge any fee for undertaking direct selling training and examination. And no other entity or individual may organize direct selling training and examination on any pretext.Article 8 No one may publicize superstition and absurdity, eroticism and obscenity or advocate violence in the direct selling training; no one may disturb the social order, destroy the social stability; nor may any one make exaggerated or false propaganda on the products of his/her company, debase other similar products, force personnel who take part in the training to purchase the products; nor may any one publicize the income of any sales promoter before in any form, or publicize that most participants will gain success; nor may any one undertake other activities in violation of the state constitution, laws and regulations and other activities prohibited by the state provisions.No direct selling company may conduct training on sales promoters in such disguised forms as proseminar, encouraging meeting, commendation meeting or other forms.Article 9 The direct selling company shall hold direct selling trainings in districts where it has established its service network. No direct selling training may be held at the location of any government, military troops, school or hospital or within resident communities and private houses.Article 10 The direct selling company shall make public the training or examination plan (including the time, concrete place and content of the training, the number of people taking part in the training and the direct selling trainers, training materials, and the time, place of the examination and the number of people taking part in the examination) on the Chinese website of the direct selling company seven days before the direct selling training or examination.Article 11 The direct selling company shall record the content taught in each term of direct selling training, and completely keep the name list of the personnel taking part in the training and the examination papers of the sales promoters. The record materials and the examination papers of sales promoters shall be kept properly, and shall be preserved for at least three years.Article 12 The direct selling company shall, before the end of January every year, report the conditions on the direct selling trainings and the examinations held in the previous year to the Ministry of Commerce and the State Administration for Industry and Commerce for archiving purpose through the competent department of commerce and the competent department of industry and commerce at the provincial level where it is located. The content for archival filing shall include the number of trainings held in the previous year (the time and place of every training, the number of people taking part in the training, the direct selling trainers and the training materials), times of examination held in the previous year (time, place and examination paper of every examination, the number of people taking part in the examination and the number of people who have passed the examination).Article 13 The departments of commerce and the administrative departments of industry and commerce shall, in light of the Regulations on Direct Selling Administration and the present Measures, be responsible for making supervision and administration over the direct selling trainings; the Ministry of Commerce shall be responsible for formulating the standard pattern for the Certificate of Sales Promoters and the Certificate of Direct Selling Trainers.Article 14 Any personnel who takes part in the direct selling training, when discovering any training held by any direct selling company or any content taught by any direct selling trainer violates laws, regulations or the provisions of the present Measures, shall have the right to point out it on the spot, and report it to the administrative department of industry and commerce at or above the county level where the training is carried out.Article 15 In case any direct selling company or direct selling trainer violates the Regulations on Direct Selling Administration or the present Measures when undertaking direct selling training, or any entity or individual outside the direct selling company holds any direct selling training, it/he shall be investigated and punished according to the provisions of Article 46 of the Regulations on Direct Selling Administration.Article 16 In case a direct selling company conducts any act in violation of the administration of public security when undertaking direct selling training and examination, it shall be investigated and punished by the organ of public security according to law; if a crime is constituted, it shall be subject to criminal liabilities according to law.Article 17 The organs of commerce, industry and commerce and public security at all levels shall establish the contact system, and periodically report conditions on the training of direct selling companies and the investigation and punishment on the trainings in violation of regulations.Article 18 The present Measures shall come into force as of December 1st, 2005. |
the Ministry of Commerce, the Ministry of Public Security, the State Administration for Industry and Commerce
2005-12-01