1. What is a representative office of a foreign advertising enterprise in Vietnam?

Pursuant to Article 41 of Consolidated Document No. 47/VBHN-VPQH 2018 of the Advertising Law regulating representative offices of foreign advertising enterprises in Vietnam:

First, foreign advertising businesses are completely allowed to establish representative offices in Vietnam.

Second, only when there is a license from the Provincial People's Committee where the foreign enterprise requests to establish a representative office can the representative office operate.

Third, representative offices are only allowed to operate for the purpose of advertising promotion, and are absolutely not allowed to provide advertising services.

2. Procedures for establishing representative offices of foreign advertising enterprises:

Step 1:Prepare documents:

Pursuant to Clause 1, Article 20, Consolidated Document No. 603/VBHN-BVHTTDL 2019 stipulates that application documents for licensing the establishment of representative offices of foreign advertising enterprises include:

– Application for a License to establish a Representative Office signed by an authorized representative of the foreign advertising enterprise.

– Business registration or documents of equivalent value of the foreign enterprise certified by the competent authority where the enterprise was established or registered (copy).

Note: Business registration or documents of equivalent value must be translated into Vietnamese and consular legalization procedures must be carried out.

– Audited financial statements; or other documents of equivalent value proving the existence and operation of the foreign advertising enterprise in the most recent fiscal year.

Note: This financial report or other document must be translated into Vietnamese and consular legalization procedures must be carried out.

Step 2:Submit:

After fully preparing the above documents, the foreign advertising enterprise will submit the documents to the Provincial People's Committee where the Representative Office is located.

Application form: submit in person or submit by post.

Step 3: Receive documents and resolve:

– After receiving the dossier, the competent authority will check:

+ In case the dossier is valid and complete: The Provincial People's Committee reviews and issues the License to establish a Representative Office and sends a copy of that license to the Ministry of Culture, Sports and Tourism within 10 days. counted from the date of receipt of complete and valid documents.

+ In case the dossier is not valid and complete: The Provincial People's Committee sends a written request to the foreign advertising enterprise to supplement and complete the dossier within 03 working days from the date of receiving the dossier.

Note: The representative office will have to be operational and have a written notification to the Provincial People's Committee about the time of commencement of operation, location of headquarters, number of Vietnamese people, number of foreigners working at the Representative Office, the activities of the Representative Office within 45 days from the date of issuance of the License.

3. In what cases is a Representative Office License not issued?

According to the provisions of Article 21 of Consolidated Document No. 603/VBHN-BVHTTDL 2019, the following cases will not be granted a representative office license:

(1) When there is a request from a State agency to supplement documents but the additional documents are not implemented.

(2) There is evidence that the establishment of a Representative Office is harmful to independence, national sovereignty, security, defense, historical traditions, culture, ethics, and fine customs and traditions of Vietnam.

(3) Other cases based on provisions of law.

3. Application form for a license to establish a representative office of a foreign advertising enterprise:

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

APPLICATION FOR LICENSE TO ESTABLISH A REPRESENTATIVE OFFICE OF A FOREIGN ADVERTISING ENTERPRISE

To: People's Committee of provinces and cities…………..

Name of foreign advertising enterprise: (written in capital letters, name on Establishment License/business registration):…………

Abbreviated name of foreign advertising enterprise (if any):……….

Head office address: (address on Establishment License/business registration):…………

Establishment license/business registration number:………

Issued by:……….issued on…..month……year….at……….

Authorized capital:…….

Account number:…….. at Bank:……

Telephone: Fax: ………

Email:……….. Website: (if any)…….

Legal representative: (authorized representative)

First and last name:………..

Position:…………

Nationality:…………

Request for a License to establish a Representative Office in Vietnam with the following specific content:

Name of Representative Office: ………..

Abbreviated name: (if any)…………….

Transaction name in English: …………

Location of representative office: (specify house number, street/street, ward/commune, district/district, province/city)………….

Operational content of the Representative Office: (specify the field of operation)…………

Head of Representative Office (if the head is a Vietnamese citizen)

- First and last name:………

– Personal identification number/ID card:………..

- Date of birth:…………

Head of Representative Office (if the head is a foreigner)

- First and last name:…………

– Gender:…………….

- Nationality:………..

- Passport:…………

– Issued by:………..issued date…..month……year…. in……….

We commit:

1. Take full responsibility for the honesty and accuracy of the application content and accompanying documents.

2. Strictly comply with all relevant provisions of Vietnamese law.

Attached documents include: Documents specified in Clause 1, Article 20 of Decree No. 181/2013/ND-CP dated November 14, 2013 of the Government detailing the implementation of a number of articles of the Law on Advertising .

4. In what cases is the representative office license of a foreign advertising enterprise revoked?

Pursuant to Article 24 of Consolidated Document No. 603/VBHN-BVHTTDL detailing the implementation of a number of articles of the Law on Advertising, the representative office license of a foreign advertising enterprise is revoked when:

– The representative office operates for the wrong purpose or not in accordance with the content specified in the License.

– The Representative office conducts advertising service business.

– Failure to make periodic reports on the activities of the Representative Office for 2 consecutive years.

– The representative office does not operate for a period of 6 months from the date of issuance of the License to establish the Representative Office.

– The representative office does not submit a report as requested by a competent state agency within 6 months from the date of the written request.

In addition, representative offices will be terminated when:

– The representative office's establishment license is revoked.

– At the request of a foreign advertising enterprise that has a representative office in Vietnam and is approved by the establishment licensing agency.

– A foreign advertising enterprise terminates its operations according to the law of the country where that enterprise was established or registered for business.

Legal documents used in the article:

Consolidated Document No. 47/VBHN-VPQH Law on Advertising.

Consolidated Document No. 603/VBHN-BVHTTDL detailing the implementation of a number of articles of the Law on Advertising.

Circular No. 10/2013/TT-BVHTTDL detailing and guiding the implementation of a number of articles of the advertising law and Decree No. 181/2013/ND-CP dated November 14, 2013 of the government detailing Enforce a number of articles of advertising law.

Circular No. 13/2023/TT-BVHTTDL amends and supplements regulations related to citizenship documents in a number of circulars issued by the Minister of Culture, Sports and Tourism.