License for Foreign Advertising Representative Office in Vietnam

A License for foreign advertising representative office is a mandatory legal condition for foreign advertising enterprises to establish a presence and conduct trade promotion activities in Vietnam. This analysis from Long Phan Consulting Company details the procedure for obtaining this license under the latest regulations.

Competent Authority for Issuing the License

As stipulated in Subsection 2, Section II of the Administrative Procedures amended and supplemented in the advertising sector, issued with Decision No. 3808/QD-BVHTTDL on December 11, 2023, the licensing authority for a License for foreign advertising representative office is the People’s Committee of the province or centrally-run city.

Applicants may submit their dossier directly to the People’s Committee of the province or city where the representative office is to be located.

Required Application Dossier Components

According to Clause 2.3, Subsection 2, Section II of the Administrative Procedures issued with Decision No. 3808/QD-BVHTTDL, applicants must prepare one complete dossier set. The set includes the following documents:

• An application for the License for foreign advertising representative office, signed by the authorized representative of the foreign advertising enterprise, using the form specified 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 in its country of establishment.
• Audited financial statements or equivalent documents proving the existence and operation of the foreign advertising enterprise in the most recent fiscal year.
• All foreign-issued documents must be translated into Vietnamese. They must also be authenticated by a Vietnamese diplomatic mission or consulate abroad and undergo consular legalization as required by Vietnamese law.

Procedure for Obtaining the License

The procedure for issuing a License for foreign advertising representative office is outlined in Clause 2.1, Subsection 2, Section II of the Administrative Procedures under Decision No. 3808/QD-BVHTTDL. The process involves the following steps:

• Step 1: The foreign advertising enterprise submits one (01) complete application dossier directly to the provincial-level People’s Committee where the representative office will be located.
• Step 2: Within 10 days of receiving a valid and complete dossier, the provincial People’s Committee will review and issue the License for foreign advertising representative office. A copy of the license is then sent to the Ministry of Culture, Sports and Tourism.

If the dossier is incomplete, the provincial People’s Committee must issue a written request for supplementation and completion within 03 days of receipt.

>>> See more at:

• Guide to Reissue A Foreign Advertising Office License
• Amending a Foreign Ad Rep Office License

Fees and Charges for the Licensing Procedure

The fee for obtaining a License for foreign advertising representative office is specified in Clause 2.8, Subsection 2, Section II of the Administrative Procedures under Decision No. 3808/QD-BVHTTDL. The statutory fee is VND 3,000,000 per license.

Long Phan Consulting’s Licensing Services

Long Phan Consulting Company provides comprehensive services for obtaining the License for foreign advertising representative office. Our service is structured to deliver maximum support for foreign enterprises entering the Vietnamese market. With a team of experienced legal experts, we ensure the process is efficient, accurate, and compliant.

Legal & Procedural Advisory

• Delivers specialized consultation on the legal framework governing the issuance of the license.
• Provides detailed guidance on the consular legalization of corporate documents issued overseas.
• Offers technical assistance in drafting application forms and supporting documents to meet statutory requirements.

Application Processing & Agency Liaison

• Conducts a comprehensive review of the dossier to verify its accuracy, completeness, and regulatory compliance.
• Acts as the authorized representative to submit the complete application dossier to the provincial People’s Committee.
• Manages all communications with the licensing authority, including responding to requests for additional information or clarification.

Result Finalization & Delivery

• Tracks the application throughout the review period to ensure timely issuance.
• Receives the official license upon approval from the state authority.
• Ensures the secure handover of the license and all related documentation to the client.

Frequently Asked Questions (FAQ)

Here are common questions regarding the procedure to obtain the License for foreign advertising representative office:

Is there a prescribed application form for the license?

Yes. The application form is specified in Form No. 02, Appendix III, issued with Circular No. 13/2023/TT-BVHTTDL dated October 30, 2023.

Are there specific conditions for obtaining the license?

Subsection 2, Section II of the Administrative Procedures issued with Decision No. 3808/QD-BVHTTDL does not specify any prerequisite conditions for carrying out this procedure.

Can a representative office of a foreign advertising enterprise conduct advertising business?

No. According to Clause 3, Article 41 of the Law on Advertising 2012, a representative office is only permitted to conduct advertising promotion and liaison activities. It cannot directly engage in advertising services business.

In which cases will a foreign advertising enterprise be denied a license?

According to Article 21 of Decree 181/2013/ND-CP, a license will not be granted in the following cases:

• There is evidence that the establishment of the representative office is detrimental to Vietnam’s national independence, sovereignty, security, defense, historical traditions, culture, ethics, or fine customs.
• The applicant fails to supplement the dossier as requested by the competent licensing authority.
• Other cases as stipulated by law.

Conclusion

Obtaining the License for foreign advertising representative office is a strategic step for foreign advertising enterprises to formally establish their presence in the Vietnamese market. The process requires meticulous preparation of documents, particularly concerning consular legalization. To ensure a compliant and successful application, contact Long Phan Consulting Company at hotline 1900636389 for professional advisory and support.