Are foreign advertising agencies entitled to establish representative offices in Vietnam?
- Are foreign advertising agencies entitled to establish representative offices in Vietnam?
- What is included in the application for licensing the establishment of representative offices of foreign advertising agencies in Vietnam?
- What are the procedures for licensing the establishment of representative offices of foreign advertising agencies in Vietnam?
- What are the cases in which a license to establish a representative office of foreign advertising agency in Vietnam is not issued?
Are foreign advertising agencies entitled to establish representative offices in Vietnam?
Pursuant to the provisions of Article 41 of the 2012 Law on Advertising in Vietnam, the representative offices of foreign advertising agencies in Vietnam are as follows:
Representative offices of foreign advertising agencies in Vietnam
1. Foreign advertising agencies are entitled to establish representative offices in Vietnam.
2. The representative offices are allowed to operate after obtaining the license from the People’s Committee of the province where the foreign enterprise requests the representative office establishment.
3. The representative offices are only allowed to promote advertising, not directly providing advertising services.
4. The Government shall specify the authority, dossier and procedures for licensing the establishment of representative offices of foreign advertising agencies in Vietnam.
According to the above regulations, foreign advertising agencies are entitled to establish representative offices in Vietnam.
Are foreign advertising agencies entitled to establish representative offices in Vietnam?
What is included in the application for licensing the establishment of representative offices of foreign advertising agencies in Vietnam?
Pursuant to the provisions of Clause 1, Article 20 of Decree No. 181/2013/ND-CP, the application for licensing the establishment of representative offices of foreign advertising agencies in Vietnam includes:
(1) An application form for a license to establish a representative office, signed by a competent representative of the foreign advertising agency, using the form prescribed by the Ministry of Culture, Sports and Tourism;
(2) 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;
(3) Audited financial statements or other documents of equivalent value proving the existence and operation of the foreign advertising agency in the latest fiscal year;
(4) The documents specified in (2) (3) must be translated into Vietnamese and certified by the diplomatic missions or consular offices of Vietnam in foreign countries and consularly legalized in accordance with the laws of Vietnam.
What are the procedures for licensing the establishment of representative offices of foreign advertising agencies in Vietnam?
Pursuant to the provisions of Clause 2, Article 20 of Decree No. 181/2013/ND-CP (point a is amended by Clause 1, Article 3 of Decree No. 11/2019/ND-CP) stipulating the procedures for licensing the establishment of representative offices of foreign advertising agencies in Vietnam as follows:
- The foreign advertising agency shall submit, directly or by post, 01 application for a license to establish a representative office to the People's Committee of the province where the representative office is located;”
- Within 10 (ten) days from the date of receipt of complete and valid dossiers, the People's Committee of the province shall consider and grant the License to establish a representative office and send a copy of that license to the Ministry of Culture, Sports and Tourism;
- In case the dossier is not valid, within 03 (three) working days from the date of receipt of the dossier, the People’s Committee of the province shall send a written request to the foreign advertising agency to supplement and complete the dossier;
- Within 45 (forty-five) days from the date of issuance of the License, the representative office must operate and notify in writing the People's Committee of the province of the time of operation, headquarters location, number of Vietnamese people, number of foreigners working at the representative office, contents of operation of the representative office.
What are the cases in which a license to establish a representative office of foreign advertising agency in Vietnam is not issued?
Pursuant to the provisions of Article 21 of Decree No. 181/2013/ND-CP stipulating:
Cases of refusal to issue a license to establish a representative office
1. There is evidence that the establishment of a representative office is detrimental to the independence, national sovereignty, security, national defense, historical traditions, culture, morality, fine customs and traditions of Vietnam.
2. Failing to add sufficient documents at the request of the licensing authority.
3. Other cases as prescribed by law.
Thus, the cases in which a license to establish a representative office of foreign advertising agency in Vietnam is not issued include:
- 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.
- Other cases as prescribed by law.
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