Representative office of foreign advertising company in Vietnam

Foreign advertising companies can set up representative offices in Vietnam to carry out advertising promotion activities (but cannot directly trade in advertising services). This issue is specified in the Law on Advertising 2012 and Decree 181/2013/ND-CP detailing the implementation of a number of articles of the Law on Advertising (amended and supplemented from time to time).

Dossier of application for a license to establish a representative office of a foreign advertising company

• An application form signed by a competent representative of the foreign advertising enterprise (the form prescribed by the Ministry of Culture, Sports and Tourism);
• A copy of the business registration certificate or equivalent documents of the foreign enterprise, certified by the competent authority where the enterprise is established or registered;
• Audited financial statements or other documents of equivalent value proving the existence and operation of foreign advertising enterprises in the latest fiscal year.

Note: A copy of the Enterprise Registration Certificate and financial statement or equivalent document must be translated into Vietnamese, certified by a diplomatic mission or consular office of Vietnam abroad and carry out the consular legalization according to the provisions of Vietnamese law.

Quantity: 01 set of documents.

Submitted location: Provincial People’s Committee where the representative office is located where the representative office is located.

Formation: submit in person or by post.

Procedure for granting a license to establish a representative office of a foreign advertising company

• If the application is valid: within 10 days, the People’s Committee of the province shall consider and grant a license to establish a representative office for the foreign advertising company;
• If the dossier is not valid: within 03 working days, the People’s Committee of the province shall send a written request to supplement and complete the dossier.

Obligations: Within 45 (forty five) days from the date of issuance of the License, the representative office must operate and notify in writing the Provincial People’s Committee of the time of commencement of operation, location of head office, number of Vietnamese people, number of foreigners working at the representative office, contents of operation of the representative office.

Cases of refusal to grant a representative office establishment license

• There is evidence that the establishment of a representative office harms the independence, national sovereignty, security, national defense, historical traditions, culture, morality, fine customs and traditions of Vietnam.
• Failing to add sufficient documents at the request of the licensing authority.

Amendment and supplementation of representative office establishment license

If there is a change in one of the following cases, a representative office of a foreign advertising company must carry out procedures for amending the License:

• Name;
• Scope of operation;
• Head of the representative office;
• The location of the head office is within a province.

Dossier of application for amendment and supplementation of a representative office establishment license

• An application form for amendment and supplementation of the License signed by a competent representative of the foreign advertising enterprise, made according to the form prescribed by the Ministry of Culture, Sports and Tourism;
• Representative office establishment license: Submit a certified true copy or a copy and present the original for comparison (in case of direct application); submit a certified copy (in case the application is submitted by post). From 2019, the current law has added that businesses do not need to present a certified copy of the License but may not need to be authenticated, instead compare it directly at the time of online application. next.

Procedures for amending and supplementing

Within 10 days from the date of receipt of a valid dossier of the foreign advertising enterprise, the Provincial People’s Committee is responsible for granting a license to amend or supplement and send a copy of that license to the Ministry of Culture, Sports and Tourism.

Re-grant of representative office establishment license

If a representative office of a foreign advertising company belong to one of the following cases, it must carry out procedures for re-grant of a license:

• Change the name or place of establishment registration of the foreign advertising enterprise to another country;
• Changing operations of foreign advertising enterprises;
• License lost, torn.

A dossier for re-grant of a representative office establishment license

• An application form for re-grant of a representative office establishment license, signed by a competent representative of the foreign advertising enterprise, using the form prescribed by the Ministry of Culture, Sports and Tourism;
• The original License for Establishment of a Representative Office has been granted (before 2019, the law allows for the case of a lost License to be certified by the police agency where the License is lost. However, this has been revoked. Enterprises are required to submit the original of the issued License).

Procedure for re-grant

• Within 7 working days, the foreign advertising enterprise must carry out procedures for re-grant of the License to establish a representative office.
• Enterprises perform steps in turn, such as granting the order and procedures for granting a new license.

Withdrawal of the establishment license of a representative office of a foreign advertising company

A representative office of a foreign advertising company in Vietnam shall have its establishment license revoked in the following cases:

• Operating for the wrong purpose or inconsistent with the content specified in the License;
• Conduct advertising service business activities;
• Failure to periodically report on the operation of the Representative Office for 2 consecutive years;
• Not operating within 6 months from the date of being granted the License to establish a Representative Office;
• Failure to submit a report at the request of a competent state agency within 6 months from the date of the written request.

Termination of operation of representative offices of foreign advertising companies

A representative office shall terminate its operation in the following cases:

• At the request of a foreign advertising enterprise that has a representative office in Vietnam and is approved by the licensing agency;
• Having the establishment license of the representative office revoked;
• When a foreign advertising enterprise terminates its operation under the law of the country where such enterprise established or registered its business.

Termination procedure

In case of termination of operation at the request of the enterprise or under the law of the parent company’s country, the foreign advertising enterprise must carry out procedures for notifying the termination of operation of the representative office.

Receiving place: the establishment licensing agency, specifically the provincial People’s Committee where the representative office is located.

Time limit : at least 30 days before the date of termination of operation.

Obligation: to return the Establishment License to the licensing authority.

Foreign advertising companies wishing to establish a representative office in Vietnam, please contact Viet An law firm for advice on legal regulations on procedures, order, documents and types. related fees and charges as well as support related services.