Application, procedures for and the power to issue the license to establish a representative office of foreign advertising companies in Vietnam

Application, procedures for and the power to issue the license to establish a representative office of foreign advertising companies in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

1. Application, procedures for and the power to issue the license to establish a representative office of foreign advertising companies in Vietnam

According to Article 20 of Decree 181/2013/ND-CP (amended by Decree 11/2019/ND-CP) regulating documents, procedures, and authority to grant licenses to establish representative offices of advertising enterprises. Foreign reports in Vietnam are as follows:

* The application for the license to establish a representative office consists of:

- 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);

- A copy of the Certificate of Business registration or a similar certificate of the foreign advertising company certified by the local authority;

- An audited financial statement or a similar document proving the existence and operation of the foreign advertising company in the latest fiscal year;

- 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.

* Procedure for issuing the license to establish a representative office:

- The foreign advertising company shall submit directly or or by post 01 application for the license to establish a representative office to the People’s Committee of the province where its representative office is situated;

- 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;

- 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;

- 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.

2. Cases in which the license to establish a representative office is not issued in Vietnam

According to Article 21 of Decree 181/2013/ND-CP, cases in which the license to establish a representative office is not issued include:

- There is evidence that the establishment of the representative office threatens the national sovereignty, national defense and security, culture, ethical values, fine traditions and customs of Vietnam.

- The applicant fails to complete the application at the request of the license issuer.

- Other cases prescribed by law.

To Quoc Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE