Conditions for establishing an advertising agency

Create at: 03/06/2022 15:14

1. What is advertising?

⚡ Advertising is the use of means to introduce to the public products, goods, and services for profit purposes; products and services without profit-making purposes; organizations and individuals trading in introduced products, goods, and services, except for current news; social policies; personal information.

⚡ Advertising is a concept that only includes activities and forms of commercial promotion that are mere to introduce goods and products, without direct buying, selling, and consuming activities of goods, products, and services, ie excluding advertising at fairs and exhibitions.

⚡ Advertising is all activities and forms of introducing goods and services, including an introduction at trade fairs and exhibitions.

⚡ Industry code of advertising agency:

Business line	Code
Advertisement	7310
Market research and opinion poll	7320
Other publishing activities	5819
Photography Activity	7420
Management consulting activities	7020
Organization of introduction and trade promotion	8230
Printing	1811

2. Conditions for establishing an advertising company:

2.1. Advertising conditions:

✔ Advertisements about goods and service business activities must have a business registration certificate.

✔ Advertising for all kinds of products, goods, and services must have documents proving the standard and regulation conformity of products, goods, and services as prescribed by law.

✔ Advertisement of property that is required by law to have a certificate of ownership or right to use, must have a certificate of ownership or right to use the property.

✔ Advertising for special products, goods, and services must satisfy the following conditions:

✔ Advertising drugs are allowed to advertise in accordance with the law on health; must have a valid circulation permit in Vietnam and a user manual approved by the Ministry of Health;

✔ Cosmetic advertising must have a cosmetic product announcement slip in accordance with the law on health;

✔ Advertisement of insecticidal and germicidal chemicals and preparations used in household and medical fields must have a certificate of circulation registration issued by the Ministry of Health;

✔ Advertisement of milk and nutritional products for young children other than those specified in Clause 4, Article 7 of this Law must have a certificate of standards, certificates of food hygiene and safety for domestically produced nutritional products; for imported nutritional products, there must be a certificate of product quality issued by a competent agency of the producing country and a circulation permit;

✔ Advertisements for food and food additives must have a certificate of registration of quality and safety for food, food additives on the list of which must be registered for food quality, hygiene, and safety or the receipt of the application for publication of standards from a competent state agency for foods and food additives on the list of which standards must be announced;

✔ Advertising of medical examination and treatment services must have a certificate of eligibility for practice issued by the health sector in accordance with law;

✔ Advertising of medical equipment requires a circulation permit for domestically produced medical equipment or an import license for imported medical equipment;

✔ Advertisements for pesticides, plant protection drug ingredients, and plant protection supplies must have a certificate of registration of pesticides. Advertisements for beneficial organisms used in plant protection must have a phytosanitary license issued by the Ministry of Agriculture and Rural Development;

✔ Advertisement of veterinary drugs and veterinary supplies must have a product circulation permit and a summary of the product's characteristics;

✔ Advertisements for fertilizers, biological products for cultivation, animal feed, and biological products for livestock production must have a certificate of product quality or a written self-declaration of product quality.

✔ The Government shall stipulate advertising conditions for other special products, goods, and services when they arise in reality.

2.2. Prohibited products and services from advertising:

◾ Goods and services are banned from business in accordance with the law.

◾ Tobacco.

◾ Alcohol with an alcohol content of 15 degrees or more.

◾ Breast milk substitutes for children under 24 months old, nutritional supplements for babies under 6 months old; feeding bottles, and artificial nipples.

◾ Prescription drugs; drugs without prescription but recommended by the competent state agency to limit their use or use under the supervision of a physician.

◾ Types of products and goods with aphrodisiac properties.

◾ Hunting guns and shotgun ammunition, sporting weapons and products and goods of a nature that incites violence.

◾ Other products, goods, and services are banned from advertising as prescribed by the Government when they arise in reality.

3. Procedures for setting up an advertising company:

3.1. Place of business license:

🔗 Submit the application directly to the one-stop department at the Business Registration Office of the Department of Planning and Investment where the enterprise's head office is located.

🔗 Register online at the National Business Registration Portal with a public digital signature or use a business registration account.

3.2. Procedures for establishing an advertising company:

👉 Step 1: Advise business people on the regulations on setting up a company

👉 Step 2: Prepare documents and give them to business people to sign.

👉 Step 3: TASCO will submit the application on your behalf and receive the results.

👉 Step 4: Hand over the registration certificate to entrepreneurs.

👉 Step 5: Post-establishment consultation.

3.3. Performance records include:

➥ Charter of advertising company;

➥ An application for registration of the establishment of an advertising company;

➥ Authorization letter (if the applicant is not a legal representative);

➥ Notarized copy of ID card/citizens identification/passport of the member/shareholder (not older than 6 months);