Start an Ad Agency: Licensing and Registration Procedures in Vietnam

With the robust development of science and technology and the increasing need for manufacturers, investors, and service providers to promote their products to a wider audience, the advertising service sector has garnered significant attention due to its high profitability. Grasping this demand, many investors have chosen to enter this dynamic market. What are the crucial legal considerations for establishing such an enterprise? Below, Viet An Law analyzes the specific regulations and steps required to start an Ad Agency: Licensing & Registration Procedures in Vietnam under current legislation.

Overview of Advertising Service Business in Vietnam

Advertising is defined as the utilization of various means to introduce profitable products, goods, and services; non-profitable products and services; or organizations and individuals trading such products, goods, and services to the public, excluding news, social policies, and personal information.

An Advertising Service Company is understood as an enterprise established in accordance with the law to perform one, several, or all stages of the advertising process under an advertising service contract with the advertiser.

7310: Advertising Business Code (Effective from November 15, 2025)

From November 15, 2025, the schedule of business industry codes stipulated in Decision No. 36/2025/QD-TTg shall apply, replacing the schedule provided in Decision No. 27/2018/QD-TTg. According to these new regulations, the advertising profession is classified under Business Code 7310.

Industry Code 7310 encompasses activities related to the creation of advertising campaigns and the placement of such advertisements in newspapers, magazines, radio, television, the internet, or other media outlets, as well as layout and website design activities. These services are typically provided by advertising agencies and media representation units.

Detailed Scope of Industry Code 7310:

• Creation and implementation of advertising campaigns: This includes designing and placing advertisements in newspapers, magazines, radio, television, the internet, and other media forms; outdoor advertising such as billboards, panels, bulletins, window displays, showrooms, car and bus advertising; aerial advertising; distribution of advertising materials or samples; provision of advertising space on billboards; and website layout and interface design.
• Execution of advertising campaigns and customer acquisition/retention services: This includes advertising promotion activities, point-of-sale marketing, direct mail advertising, and marketing consulting services.

Note: Industry Code 7310 excludes:

• Publishing of advertising materials (classified under 5819 – Other publishing activities).
• Production of commercial messages for radio, television, or film (classified under 59113 – Television program production activities).
• Public relations activities (classified under 70200 – Management consultancy activities).
• Market research (classified under 73200 – Market research and public opinion polling).
• Graphic design activities (classified under 74100 – Specialized design activities).
• Advertising photography (classified under 74200 – Photographic activities).
• Organization of conventions and trade shows (classified under 82300 – Organization of conventions and trade shows).
• Direct mail advertising activities (addressing, etc.) (classified under 82990 – Other business support service activities n.e.c.).

Start an Ad Agency: Licensing & Registration Procedures in Vietnam

When establishing an advertising service company, investors must adhere to the following legal procedures:

1. Procedure for obtaining an Investment Registration Certificate (IRC) (for foreign investors).
2. Procedure for obtaining an Enterprise Registration Certificate (ERC).
3. Procedure for obtaining an Advertising Content Confirmation License.

Procedure for Investment Registration Certificate (IRC)

Advertising services (CPC 871) are committed under the WTO Schedule of Specific Commitments in Services to which Vietnam is a member. Accordingly, foreign investors are not permitted to establish a 100% foreign-owned advertising company in Vietnam. Instead, they are only permitted to establish a joint venture or cooperate via a Business Cooperation Contract (BCC). The capital contribution ratio for establishing the company is not strictly limited, provided it meets the requirement of being less than 100%.

Companies with foreign capital investment intending to provide advertising services must conduct the procedure to apply for an Investment Registration Certificate before applying for an Enterprise Registration Certificate. This procedure is regulated by the Law on Investment 2020 and detailed in Decree No. 31/2021/ND-CP, as amended and supplemented by Decree No. 239/2025/ND-CP. Specifically:

Application Dossier Components:

• Written request for execution of the investment project, including a commitment to bear all costs and risks if the project is not approved.
• Documents attesting to the legal status of the investor.
• Documents proving the financial capacity of the investor.
• Investment project proposal. If the law on construction requires a pre-feasibility study report, the investor may submit the pre-feasibility study report instead of the investment project proposal.
• Explanation of the technology to be used in the investment project (for projects subject to appraisal and consultation on technology under the law on technology transfer).
• Other documents related to the investment project, and requirements on conditions and capacity of the investor as prescribed by law (if any).
• Power of Attorney for Viet An Law to perform the procedure.

Implementation Procedure:

The investor shall submit one (01) set of documents proposing the issuance of the Investment Registration Certificate to the investment registration authority, Department of Finance of the province or centrally-run city where the investor implements the project or intends to locate the operating office, to request the issuance of the Investment Registration Certificate.

The investment registration authority shall grant the Investment Registration Certificate to the investor within 10 days from the date of receipt of a valid dossier, provided the project satisfies the conditions.

Procedure for Enterprise Registration Certificate

Currently, the law does not prescribe a specific type of enterprise entity when starting an Ad Agency in Vietnam. Thus, an advertising service business may be established as a Joint Stock Company (JSC), Limited Liability Company (LLC), Partnership, or Private Enterprise.

The enterprise establishment procedure is conducted in accordance with the Law on Enterprises 2025 and Decree No. 168/2025/ND-CP.

Step 1: Preparation of the Dossier

Pursuant to Articles 19, 20, 21, and 22 of the Law on Enterprises 2020, as amended by the Law amending the Law on Enterprises 2025 (No. 76/2025/QH15), the business registration dossier varies depending on the type of enterprise. Specifically:

For a Private Enterprise:

• Application for enterprise registration.
• Copy of legal documents of the private enterprise owner.

For a Partnership:

• Application for enterprise registration.
• Company Charter.
• List of members; list of beneficial owners of the enterprise (if any).
• Copy of legal documents of each member.
• Copy of the Investment Registration Certificate (for foreign investors).

For a Limited Liability Company (LLC):

• Application for enterprise registration.
• Company Charter.
• List of members; list of beneficial owners of the enterprise (if any).
• Copies of the following documents:
  • Legal documents of the individual (if the member is an individual) or the legal representative.
  • Legal documents of the organization (if the member is an organization) and the document appointing the authorized representative; legal documents of the individual authorized representative of the organization.
  • For members that are foreign organizations, copies of legal documents must be consularly legalized.
  • Investment Registration Certificate (for foreign investors).

For a Joint Stock Company (JSC):

• Application for enterprise registration.
• Company Charter.
• List of founding shareholders; list of shareholders being foreign investors; list of beneficial owners (if any).
• Copies of the following documents:
  • Legal documents of the individual (for founding shareholders and foreign shareholders who are individuals) or the legal representative.
  • Legal documents of the organization (if the shareholder is an organization) and the document appointing the authorized representative; legal documents of the individual authorized representative.
  • For shareholders that are foreign organizations, copies of legal documents must be consularly legalized.
  • Investment Registration Certificate (for foreign investors).

Note: The forms for the Company Charter and Application for Enterprise Registration must follow the regulations in Circular No. 68/2025/TT-BTC.

Step 2: Submission of Enterprise Registration Dossier

• Submit the dossier directly online via the National Business Registration Portal.
• Authenticate the dossier using a personal identification number (if available) or attach a copy of the ID card/CCCD/passport.
• If the dossier is incorrect, a notice for amendment will be issued within 60 days; failure to amend will result in the cancellation of the dossier.
• From July 1, 2025, online business registration accounts are no longer used. Regulations on such accounts and digital signatures are abolished. Instead, clients must register for an electronic identification account for the company.

Step 3: Receipt and Processing by Competent Authority

After three (03) working days, the client will be issued the Enterprise Registration Certificate. However, as 100% of certificates are currently returned via post, receipt may be slightly delayed due to delivery times.

Step 4: Post-Licensing Procedures

After receiving the Enterprise Registration Certificate, the advertising company must complete the following:

• Publicize the enterprise information on the National Business Registration Portal.
• Engrave the company seal.
• Hang the company sign at the headquarters.
• Open a bank account.
• Register for a digital signature and perform an initial tax declaration; notify the application of the tax calculation method.
• Register for electronic invoices (e-invoices).
• Declare and pay the business license tax.

Procedure for Advertising Content Confirmation in Vietnam

Following the completion of the setup to start an ad agency: licensing & registration procedures in Vietnam, the company may commence operations. However, when providing advertising services for certain products, the company must apply for an Advertising Content Confirmation License from the competent authority.

Products, goods, and services requiring an Advertising Content Confirmation License are stipulated in Decree No. 181/2013/ND-CP, as amended and supplemented by Decree No. 70/2021/ND-CP, including:

• Cosmetics;
• Food, food additives;
• Chemicals, insecticidal and germicidal preparations for household and medical use;
• Milk products and nutritional supplements for children, etc.

Competent Authorities: The Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade are responsible for confirming advertising content for special products, goods, and services under their management or according to decentralized authority.

Implementation Sequence:

Step 1 – Submission: The enterprise submits the dossier requesting confirmation of advertising content to the competent authority.

• Example: Under Circular 09/2015/TT-BYT (amended by Circular 25/2018/TT-BYT), functional food advertising is handled by the Vietnam Food Administration; medical examination and treatment services by the Department of Medical Examination and Treatment; cosmetics by the Department of Health.

Step 2 – Processing:

• If the dossier is invalid, the receiving agency shall issue a written request for amendments within 05 working days from the date of receipt. The maximum time for the unit to amend the dossier is 90 days; beyond this, the dossier becomes invalid.
• Within 10 working days from the receipt of a complete and valid dossier, the competent authority must issue a written confirmation of the advertising content.
  • In case of refusal, a written response stating the reasons must be provided.
  • The receiving agency is responsible for publishing the list of products, goods, and services for which advertising content has been confirmed on its electronic information portal.

Prominent Advertising Companies in Vietnam

• Cat Tien Sa Media Group.
• Daiko Vietnam Advertising Company.
• VCCorp Corporation.
• BBDO Vietnam.
• Viva Network (HCMC).

Viet An Law Services to Start an Ad Agency: Licensing & Registration Procedures in Vietnam

Viet An Law provides comprehensive legal support for investors seeking to enter the Vietnamese market:

• Legal consultation on dossiers, procedures, Investment Licenses, Enterprise Establishment, and Advertising Confirmation Licenses.
• Drafting of documents, dossiers, and papers for clients in accordance with the law.
• Representing clients in conducting procedures at state agencies to obtain licenses and responding to official correspondence.
• Providing regular legal advice during the operation of the advertising service company.

Clients requiring advice on how to start an Ad Agency: Licensing & Registration Procedures in Vietnam or other types of enterprises, please contact Viet An Law Firm for the most effective support!