THE PROCEDURES OF ESTABLISHMENT AN ADVERTISEMENT COMPANY IN VIETNAM

Advertising is a sort of propaganda that involves providing consumers with information about products, services, companies, or ideas in order to promote corporate activity. Doanh Tri Law Firm would want to introduce consumers to the procedure for creating an advertising agency, based on their business needs in this industry.

Legal basis:

- Law on Enterprise 2020.

1. Dossier for forming a marketing firm:

To start an advertising agency, businesses must prepare the following documents, just as they would for any other business:

- One (1) application for the registration of an advertising corporation;

- 1st Draft of the Business Charter;

The draft charter will have its own criteria depending on the type of business formation procedure. For a partnership, the draft of the company's charter must be fully signed by the general partners; for limited liability companies with two or more members, the legal representative, the members, or the authorized representative; and for a joint-stock company, the legal representative, the founding shareholders, or the authorized representative of the founding shareholders. The legal compliance with the company's charter must be shared by the founding members and shareholders.

– 01 List of members of limited liability companies (LLCs) with two or more members, partnerships; list of founding shareholders of a joint-stock company prepared in accordance with the Ministry of Planning and Investment's form;

– A contract or power of attorney authorizing people or service-provider businesses to establish an advertising agency;

2. Other documents and dossiers related to the formation of advertising companies

The following items must be included with the list of members or original shareholders:

- If the founding members or founding shareholders are persons, a valid copy of one of the personal identity papers listed in Article 23 of Decree No. 78/2015/ND-CP;

- A valid copy of the establishment decision, the business registration certificate, the enterprise registration certificate, or other equivalent papers, a valid copy of one of the authorized representative's personal identification papers specified in Article 23 Decree No. 78/2015/ND-CP, and the corresponding authorization decision if founding members or founding shareholders are legal entities;

- For enterprises engaged in business lines that require legal capital as stipulated by law, a document certifying the legal capital of a competent agency or organization;

- If the company conducts business in the same area of activity, a valid copy of the practice certificate of the general partners, in the event of a partnership, or of one or more people, in the case of a limited liability company or a joint-stock company. Having a practicing certificate is needed by law;

3.  In the application for the foundation of an advertising firm, there are certain notes for personal identification documents.

Personal identifying documents are mentioned in the application for the foundation of an advertising organization. So, what exactly is contained in the document? Is there a distinction between Vietnamese and foreigners? … These are the most common queries that people and organizations have about personal identity documents. As a result, we've created this section to assist you in better understanding this type of paper. The personal identity papers in the enterprise registration dossier, according to Article 10 of Decree 78/2015 ND-CP, include:

- For Vietnamese citizens, a valid ID card or passport is required.

- For overseas Vietnamese, one of the following documents is still valid:

a) Passport from Vietnam

b) A foreign passport (or a suitable substitute) and one of the documents indicating that the person of Vietnamese origin is abroad.

- For foreigners permanently resident in Vietnam, a temporary residency registration certificate issued by a Vietnamese competent entity and a valid passport are required.

- Foreigners who do not live in Vietnam permanently must have a valid passport.

Above is the information for the “The procedures of establishment an advertisement company in Vietnam”. For more detailed information and advice on this issue, please contact directly with Law Doanh Tri at one of the following methods:

Hotline: 0911.233.955 – (024) 6293 8326

Email: [email protected]

Enterprise Law is very pleased to accompany you!

Best regards./.