Black tea itself is not illegal, but it belongs to pyramid schemes and is illegal.
1. Order of the People's Republic of China on the State Council
? 443 ? No.
The Regulation on Direct Selling Management was adopted at the 11st executive meeting in the State Council on August 1th, 25, and is hereby promulgated and shall come into force as of December 1st, 25.
chapter one? Total? Then
the first one? These Regulations are formulated to regulate direct selling, strengthen supervision over direct selling activities, prevent fraud, and protect the legitimate rights and interests of consumers and the interests of the public.
article 2? Direct selling activities within the territory of the People's Republic of China shall abide by these regulations.
the scope of direct selling products is determined and announced by the competent commercial department of the State Council in conjunction with the administrative department for industry and commerce of the State Council according to the development of direct selling industry and the needs of consumers.
article 3? The term "direct selling" as mentioned in these Regulations refers to the distribution mode in which direct selling enterprises recruit direct sellers, who directly sell products to the final consumers (hereinafter referred to as consumers) outside the fixed business premises.
the term "direct selling enterprises" as mentioned in these regulations refers to enterprises that have been approved to sell their products by direct selling in accordance with the provisions of these regulations.
the term "direct seller" as mentioned in these regulations refers to the person who sells products directly to consumers outside the fixed business premises.
article 4? An enterprise established in the People's Republic of China (hereinafter referred to as an enterprise) may apply to become a direct selling enterprise in accordance with the provisions of these Regulations to sell products produced by the enterprise and products produced by its parent company or holding company.
direct selling enterprises can obtain trading rights and distribution rights according to law.
II. Application process for direct selling license
Application form and application form for direct selling operation;
2. Enterprise business license and organization code certificate;
3. the certification materials specified in article 7 of the regulations on direct selling management;
4. Articles of association of the enterprise. If it is a Sino-foreign joint venture or cooperative enterprise, a joint venture or cooperative enterprise contract shall also be provided;
5. the market plan report, including the service network plan in the direct selling area approved by the local people's government at or above the county level in accordance with the provisions of article 1 of these regulations. When the regional/county-level commercial authorities approve the service network plan, they should issue a written approval letter to the provincial commercial authorities, and when the provincial commercial authorities report the application materials to the Ministry of Commerce, they must also issue a confirmation letter that the service network plan conforms to the Regulations on Direct Selling Management and relevant regulations;
6. product description that meets national standards. Specifically, it includes: the catalogue of products that meet the scope of direct selling products (Announcement No.72, 25 of the Ministry of Commerce), the certification documents that meet the national certification and license, the description and test report that meet the national mandatory standards, and the product trademark registration certificate. If the product is produced by the parent company or the holding company, it is also necessary to provide proof of the equity relationship between the enterprise and the parent company or the holding company, and entrust/authorize the sales agreement;
7. Sample sales promotion contract to be signed with the direct seller;
8. A capital verification report issued by an accounting firm;
9. the agreement reached between the enterprise and the designated bank to use the deposit in accordance with the provisions of these regulations.
(The application materials shall be in triplicate, and each page shall be stamped with the seal or riding seal of the applicant enterprise, printed on both sides as much as possible, and simply packed)
Submit an application to the competent commercial department of the State Council through the competent commercial department of the local province, autonomous region or municipality directly under the Central Government. The competent commercial departments of provinces, autonomous regions and municipalities directly under the Central Government shall, within 7 days from the date of receiving the application documents and materials, submit them to the competent commercial department of the State Council.
1. The competent commercial department of the State Council shall, within 9 days from the date of receiving all the application documents and materials, verify and check whether the enterprise has any violation records in various places. After consulting the administrative department for industry and commerce of the State Council, the decision of approval or disapproval is made in consideration of national security, social interests and the development of direct selling industry.
if it is approved, the direct selling business license will be issued by the competent commercial department of the State Council. The applicant holds the direct selling business license issued by the competent commercial department of the State Council, and applies to the administrative department for industry and commerce for change registration according to law.
due to the long preparation time for applying for a license, the whole process normally takes one year, and it may take five years in special circumstances. Wang Liming said that it is not appropriate to have too many types of products when applying, otherwise, there will be too many contents to be reviewed, and the time will be easily prolonged, and the application will be more difficult and stressful.
3. Since Avon (China) Co., Ltd. obtained the first direct selling license in 26, there are now 48 direct selling licenses in China. The number of direct selling licenses approved each year, except for the record of 17 in 27, the second year of opening the direct selling declaration, and the peak of 9 in 213, remained at two or three every year.
The national efforts to crack down on pyramid selling and standardize direct selling are going on every year.
The application for direct sales statement indicates that the enterprise has submitted relevant materials to the Ministry of Commerce, and the Ministry of Commerce has accepted them. This is the first threshold for enterprises to move towards direct selling, and it is also the only opportunity for the Ministry of Commerce to "publicize through the official" before announcing that enterprises have obtained direct selling licenses.
fourth, after the declaration of applying for direct selling is passed and before the direct selling license is officially obtained, there is another link that will not be made public-obtaining the direct selling reply letter, that is, the reply of the Ministry of Commerce on agreeing to the enterprise to engage in direct selling business.
the reply letter is sent directly to the enterprise, which can't be found by the outside world. Getting a reply letter does not mean getting a direct sales license. After that, enterprises need to complete the verification, filing and construction of service outlets. There is no exact timetable from the reply letter to the direct sales license.
It is a "bright" rule in the direct selling industry to start direct selling without obtaining a direct selling license. "Most enterprises applying for direct selling licenses have been operating in the market for one to two years or even longer
Applying for direct selling licenses is the only way to legalize direct selling, and the Ministry of Commerce has a time to inspect enterprises when applying for direct selling licenses.
the definition of direct selling and pyramid selling by the Ministry of commerce is that direct selling is dominated by "single level", while pyramid selling is dominated by "multi-level" and "team compensation". Hualai Company is entirely based on personal performance. As long as you work hard enough, people who join later than those who join first get high rewards from the company everywhere.
5. Every direct selling company must have its own direct selling system before applying for a direct selling license. Of course, there are exceptions. For enterprises that have no direct selling experience but have obtained direct selling licenses, it is likely that they will "get confused" in the initial stage of operation. Hualai Company has adopted a humanized direct selling system in this respect, which has already been perfected and matured, and it has abandoned the monthly performance pressure of the traditional direct selling industry. Direct sellers can work hard to do their own sales promotion without worrying about the pressure and risk of performance.