Can a representative office of a foreign advertising enterprise in Vietnam directly do advertising business?

Amending and supplementing the License to establish representative offices in Vietnam of foreign advertising enterprises

Pursuant to Article 22 of Decree 181/2013/ND-CP (amended). by Clause 2, Article 3, Decree 11/2019/ND-CP) detailing the implementation of a number of articles of the advertising law on amending and supplementing the License to establish a Representative Office:

“1. Foreign advertising enterprises must request to amend and supplement the License to establish a Representative Office in the following cases:

a) Change of name call;

b) Change the scope of operations;

c) Change the head;

d) Change the location of the headquarters within a province or centrally run city.

2. Dossier requesting amendments and supplements to the License to establish a Bao Representative Office including:

a) Application to amend and supplement the License to establish a Representative Office signed by an authorized representative of the foreign advertising enterprise according to the form prescribed by the Ministry of Culture, Sports and Tourism;

b) License to establish a Representative Office: Submit a certified copy or copy and present the original for comparison (in case of direct application); submit a certified copy (in case the application is submitted by post).

3. Within 10 days from the date of receiving the valid application from the foreign advertising enterprise, the Provincial People’s Committee is responsible for issuing the amended and supplemented License and sending a copy of that License to the Ministry of Culture, Sports and Tourism.”

Accordingly, in case a foreign advertising enterprise changes its name, it must request to amend and supplement the Establishment License Representative Office.

Re-issue the License to establish a Representative Office in Vietnam of the foreign advertising enterprise

Pursuant to Article 23 of the Decree 181/2013/ND-CP (amended by Clause 3, Article 3, Decree 11/2019/ND-CP) detailing the implementation of a number of articles of the advertising law on Re-issuance of Representative Office Establishment Licenses:

“1. Representative Office establishment license is reissued in one of the following cases:

a) Change of name or registered place of establishment of a foreign advertising enterprise to another country;

b) Change of operations of a foreign advertising enterprise;

c) Loss of license, torn.

2. Within 7 working days, the foreign advertising enterprise must carry out procedures to re-issue the License to establish a Representative Office.

3. Documents to re-issue the License to establish a Representative Office include:

a) Application for re-issuance of the License to establish a Representative Office signed by the authorized representative of the foreign advertising enterprise according to form prescribed by the Ministry of Culture, Sports and Tourism;

b) The original License to establish a Representative Office has been issued. In case the License is lost, there must be confirmation from the police agency where the License was lost.

4. The procedure for reissuing the License to establish a Representative Office is carried out according to the provisions of Clause 2, Article 20 of the Decree hey.”

Accordingly, in case a foreign advertising enterprise changes its name, it can completely be re-issued with a Representative Office Establishment License.

Thus, in case your advertising business in Russia changes its name, you must request an amendment or supplement to the Representative Office Establishment License. In addition, you can also request to re-issue the License to establish a Representative Office for the same reason.

Dossier requesting amendments and supplements to the License to establish a Representative Office; The application for re-issuance of the License to establish a Representative Office is specifically regulated according to the law on advertising.

Can representative offices in Vietnam of foreign advertising enterprises directly do advertising business?

Pursuant to Article 41 of the Law on Advertising 2012 (guided by Chapter 5 of Decree 181/2013/ND-CP) on Representative offices of foreign advertising enterprises in Vietnam Nam:

“1. Foreign advertising enterprises are allowed to establish representative offices in Vietnam.

2. Representative offices can operate with a license from the Provincial People’s Committee where the foreign enterprise requests to establish a representative office.

3. Representative offices can only promote advertising, not directly provide advertising services.

4. The Government regulates the authority, documents, order and procedures for licensing the establishment of representative offices of foreign advertising enterprises in Vietnam.”

Accordingly, representative offices in Vietnam of foreign advertising enterprises are not allowed to directly do advertising business.