Chapter III Recruiting and Training of Sales Promoters
Article 13 A direct selling company and its branches may recruit sales promoters. No entity or individual outside any direct selling company and its branches may recruit any sales promoter.
The lawful selling activities of any sales promoter shall not be subject to investigation and punishment by the reason of operation without license.
Article 14 No direct selling company or any of its branches may release any advertisements with the drumbeating of remunerations for sales promoters, nor may it have the fee-paying or commodities purchase served as the conditions for becoming a sales promoter.
Article 15 No direct selling company or any of its branches may recruit the following personnel as sales promoters:
1. Person who has not reached the age of 18;
2. Person with no capacity for civil conduct or with limited capacity for civil conduct;
3. Full-time students at school;
4. Teachers, medical personnel, civil servants and enlisted army men;
5. Formal employees of the direct selling company;
6. Overseas personnel; and
7. Personnel prohibited from undertaking part-time job as prescribed by any law or administrative regulation.
Article 16 A direct selling company or any of its branches shall sign sales contract with any sales promoter it recruits, and shall ensure that the sales promoter shall carry out direct selling business only in the area of the province, autonomous region, and municipality directly under the Central Government where one of its branches has established service networks. Any person who fails to sign sales contract with a direct selling company or any of its branches shall not carry out direct sales business by any way.
Article 17 A sales promoter may rescind a sales contract at any time within 60 days from the day of signing it; after the 60 days, a sales promoter shall notify the direct selling company 15 days before rescinding the sales contract.
Article 18 A direct selling company shall make vocational training and examination on any sales promoter it recruits, and issue the certificate of sales promoter after the sales promoter has passed the examination. No one may undertake direct selling business without obtaining the certificate of sales promoter.
No direct selling company may charge any fees for making vocational training and examination on sales promoters.
No entity or individual outside a direct selling company may organize vocational training on sales promoters in any name.
Article 19 The teaching staff who make vocational training on sales promoters shall be the formal employees of the direct selling companies, and shall comply with the following conditions:
1. Working in the companies for more than one year;
2. Having graduate or post-graduate education of higher education and the relevant professional knowledge of law and marketing;
3. Having no records of criminal punishment for intentional crimes; and
4. Having no records of major illegal operation.
A direct selling company shall issue the certificate of direct selling trainer to the teaching staff complying with the provisions in the preceding paragraph, and shall report the name lists of the personnel who have obtained the certificate of direct selling trainer to the competent department of commerce of the State Council for archival filing. The said department shall publicize the name lists of the personnel who have obtained the certificate of direct selling trainer on the government website.
No foreigner may undertake vocational training on sales promoters.
Article 20 The certificate of sales promoter and the certificate of direct selling trainer issued by a direct selling company shall be printed according to the format as prescribed by the competent department of commerce of the State Council.
Article 21 A direct selling company shall be responsible for the legitimacy of the vocational training on sales promoters, the training order and the security of the training places.
A direct selling company and its direct selling trainers shall be responsible for the legitimacy of the teaching contents of vocational training on sales promoters.
The concrete measures for the administration of vocational training on sales promoters shall be formulated separately by the competent department of commerce of the State Council, the administrative department of industry and commerce of the State Council together with the relevant departments.
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