Where can I apply for a license to establish a representative office of my foreign advertising company in Vietnam?
Where can I apply for a license to establish a representative office of my foreign advertising company in Vietnam? When are licenses to establish a representative office of foreign advertising companies in Vietnam revoked?
Hello, I am currently preparing documents to apply for a license to establish a representative office of foreign advertising company in Vietnam, I don't know if I have to submit an application at the Department of Planning and Investment or in what agency? Ask for help.
1. Where can I apply for a license to establish a representative office of my foreign advertising company in Vietnam?
Pursuant to Article 20 of Decree 181/2013/ND-CP as amended by Clause 1, Article 3 of Decree 11/2019/ND-CP stipulating the application, procedure for and the power to issue the license to establish a representative office as follows:
1. The application for the license to establish a representative office consists of:
a) A written request for the license to establish a representative office signed by the representative of the foreign advertising company (using the form provided by the Ministry of Culture, Sports and Tourism);
b) A copy of the Certificate of Business registration or a similar certificate of the foreign advertising company certified by the local authority;
c) An audited financial statement or a similar document proving the existence and operation of the foreign advertising company in the latest fiscal year;
d) The papers mentioned in Point b and Point c of this Clause must be translated into Vietnamese language, certified and consularly legalized by a diplomatic mission or consular office of Vietnam overseas.
2. Procedure for issuing the license to establish a representative office:
a) The foreign advertising company shall submit 01 application for the license to establish a representative office to the People’s Committee of the province where its representative office is situated;
b) Within 10 days from the day on which the complete and valid application is received, the People’s Committee shall consider issuing the license to establish a representative office and send a copy of the license to the Ministry of Culture, Sports and Tourism;
c) If the application is not complete, within 03 working days from the day on which the application is received the People’s Committee of the province shall quest the applicant to complete the application;
d) Within 45 days from the issuance date of the license, the representative office must commence its operation and send the People’s Committee of the province a notification its inauguration date, its location, the number of Vietnamese employees and foreign employees in the representative office, and the operations of the representative office.
Thus, you apply for a license to establish a representative office of foreign advertising company in Vietnam, you need to send 01 set of documents to the People’s Committee of the province where its representative office is situated.
2. When are licenses to establish a representative office of foreign advertising companies in Vietnam revoked?
According to Article 24 of Decree 181/2013/ND-CP stipulating on revocation of the license to establish a representative office; representative office shutdown as follows:
1. The license to establish a representative office shall be revoked in the following cases:
a) The representative office is run in contravention of the license;
b) The representative office provides advertising services;
c) The representative office fails to send reports on its operation for 02 consecutive years;
d) The representative office is not inauguration within 06 months from the issuance date of the license to establish a representative office;
dd) No report is sent within 06 months at the request of the competent authority.
2. The license to establish a representative office shall be shut down in the following cases:
a) The shutdown is requested by the foreign advertising company, and this request is granted by the license issuer;
b) The license to establish a representative office is revoked as prescribed in Clause 1 of this Article;
c) The foreign advertising company is shut down in accordance with the law of its country.
3. In the cases mentioned in Point a and Point c Clause 2 of this Article, the foreign advertising company must send a written notification of the shutdown to the People’s Committee of the province where the representative office is situated at least 30 days before the shutdown, and return the license the license issuer.
According to this Article, the license to establish a representative office in Vietnam shall be revoked in the cases specified above.
Best Regards!
