Representative Offices of Foreign Advertising Enterprises in Vietnam

by DungTran

Representative Offices of Foreign Advertising Enterprises in Vietnam, procedures for amending and supplementing the license to establish. Rights and obligations of Representative Offices of Foreign Advertising Enterprises in Vietnam. Let us learn about this topic with LSX Law firm below:

Legal grounds:

Advertising Law 2012.

Decree No. 181/2013/ND-CP.

Circular No. 10/2013/TT-BVHTTDL.

Circular No. 66/2014/TT-BTC 

Rights of Representative Offices of Foreign Advertising Enterprises in Vietnam:

Firstly, operate for the right purposes, scope, and duration specified in the representative office establishment license.

Secondly, rent the head office, rent and purchase the necessary facilities and equipment for the operation of the representative office.

Thirdly, recruit Vietnamese and foreign workers to work at the Representative Office under Vietnamese law.

Moreover, opening an account in foreign currency, in Vietnamese dong with foreign currency origin at a bank that is licensed to operate in Vietnam and can only use this account for the operation of the Representative Office.

In addition, a seal is bearing the name of the representative office under the laws of Vietnam.

Besides, other rights as prescribed by law. 

Obligations of a representative office of a foreign advertising enterprise in Vietnam:

Firstly, not to conduct profit-making activities directly in Vietnam.

Secondly, you may only carry out trade promotion activities within the scope permitted by this Law.

Thirdly, may not enter into a contract, amend or supplement a contract entered into by a foreign trader unless the head of the representative office has legal power of attorney from the foreign trader or otherwise specified in Clauses 2, 3, and 4, Article 17 of this Law.

Moreover, pay taxes, fees, charges, and perform other financial obligations under the law of Vietnam.

In addition, report on the operation of the Representative Office under the laws of Vietnam.

Besides, other obligations as prescribed by law. 

Procedures for amending and supplementing the license to establish a representative office of a foreign advertising enterprise in Vietnam:

The order, procedures, and documents for amending and supplementing the license to establish a representative office of a foreign advertising company in Vietnam are as follows:

Procedure name:

It is amending and supplementing the license to establish a representative office of a foreign advertising company in Vietnam. 

Cases that must be amended and supplemented:

Clause 1, Article 22 of Decree 181/2013/ND-CP stipulates:

“Foreign advertising enterprises must request amendments and supplements to the License for establishment of a representative office in the following cases:

a) Change of name;

b) Changing the scope of activities;

c) Change of head;

d) Changing the location of the head office within a province or centrally run city.”

Dossier-receiving agency:

Provincial People’s Committee where the Representative Office is located. 

Order of execution:

Step 1: Prepare all documents as required by law.

Enterprises prepare dossiers according to the provisions of Clause 1, Article 22 of Decree No. 181/2013/ND-CP stipulating the application for amendments and supplements to the License for establishment of a representative office, including:

Besides, an application form for amendment and supplementation of a representative office establishment license, signed by a competent representative of the foreign advertising enterprise, using the form prescribed by the Ministry of Culture, Sports and Tourism;

Certified copy of representative office establishment license.

Step 2: Submit your application

Enterprises shall directly submit 01 (one) set of dossiers of application for an amendment or supplement to the License to establish a representative office to the People’s Committee of the province where the representative office is located;

Within 10 days from the date of receipt of a valid dossier of the foreign advertising enterprise, the provincial-level People’s Committee is responsible for granting a license to amend or supplement and send a copy of that license to the Ministry of Culture, Sports, and Tourism and Information.

Step 3: Get the license

In case the application is valid, within 10 days from the date of receipt, the People’s Committee of the province shall grant an amended and supplemented license to the enterprise.

Time limit for settlement:

10 working days from the date of receipt of complete and valid dossiers. 

Finally, hope this article about Representative Offices of Foreign Advertising Enterprises in Vietnam is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

Related questions

Competence and licensing agency to establish a representative office of a foreign company?

Firstly, Department of Industry and Trade in the locality where the Representative Office is located.
Secondly, the Department of Industry and Trade completes the appraisal and grants the foreign company the License to establish a Representative Office and sends a copy of the License to the Ministry of Industry and Trade; People’s Committees of provinces and centrally run cities also; Tax authorities; The Statistics Office, the provincial-level police agency where the representative office is located.

What is the duration of the license to establish a representative office?

The foreign company’s license for establishment of a representative office in Vietnam is valid for 5 years but must not exceed the remaining term of the business registration certificate or equivalent document of the foreign company in the case of foreign companies. Besides, foreign laws have regulations on the duration of the business registration certificate of the foreign company. The license can be renewed multiple times.

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