Chương 5: Nghị định 181/2013/NĐ-CP hướng dẫn Luật quảng cáo Văn phòng đại diện của doanh nghiệp quảng cáo nước ngoài tại việt nam

Chapter 5.

REPRESENTATIVE OFFICES OF FOREIGN ADVERTISING COMPANIES IN VIETNAM

Article 20. The application, procedure for and the power to issue the license to establish a representative office 

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.

Article 21. The cases in which the license to establish a representative office is not issued

1. 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.

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

3. Other cases prescribed by law.

Article 22. Amendments to the license to establish a representative office

1. The foreign advertising company must request the permission to amend the license to establish a representative office in the following cases:

a) Its name is change;

b) Its operations are changed;

c) The representative office manager is change;

d) Its location is changed within a province.

2. The application for amendments to the license to establish a representative office consists of:

a) A written request for permission to amend 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 certified true copy of the license to establish a representative office.

3. Within 10 days from the day on which the complete and valid application is received, the People’s Committee shall issue the amended license and send a copy of the license to the Ministry of Culture, Sports and Tourism.

Article 23. Reissuance of the license to establish a representative office

1. The license to establish a representative office shall be reissued in one of the following cases:

a) Its name is changed or the foreign advertising agency is moved to another country;

b) The operations of the foreign advertising company are changed;

c) The license is lost or damaged.

2. Within 07 working days, the foreign advertising company shall complete the procedure for reissuance of the license to establish a representative office.

3. The application for the reissuance of the license to establish a representative office consists of:

a) A written request for the reissuance of 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) The original license to establish a representative office. If the license is lost, the loss must be certified by the local police station.

4. The procedure for reissuing the license to establish a representative office is similar to that in Clause 2 Article 20 of this Decree.

Article 24. Revocation of the license to establish a representative office; representative office shutdown

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.

Article 25. Fees for issuance, reissuance, and amendment of the license to establish a representative office 

1. Fees shall be paid when the foreign advertising company applies for the issuance, reissuance, and amendment of the license to establish a representative office.

2. The Ministry of Finance shall specify the fees, the management and use of the fees mentioned in Clause 1 of this Article.