FOREIGN-OWNED BUSINESS ESTABLISHMENT SERVICES (2026): SETTING UP A FOREIGN-INVESTED MARKETING COMPANY IN VIETNAM
Vietnam has become an attractive market for foreign investors in the marketing, branding, communications, digital advertising, public relations, market research and creative service sectors. With a fast-growing consumer market, strong digital adoption, active social media usage and increasing demand for professional brand development, Vietnam offers significant opportunities for investors who wish to establish a marketing company.
However, setting up a foreign-invested marketing company in Vietnam requires careful legal planning. The term “marketing” may cover many different activities, such as brand strategy, digital marketing, advertising, content production, public relations, market research, media planning, event promotion, social media management and customer engagement campaigns. Each activity may be treated differently from a legal perspective.
In particular, if the company’s services include advertising services, foreign investors must pay special attention to Vietnam’s market access conditions and advertising regulations. A company that only provides marketing consulting may have a different legal pathway from a company that directly creates, places or publishes advertisements for clients.
Therefore, before establishing a marketing company in Vietnam, foreign investors should clearly define the company’s business model, service scope, client base, advertising channels, digital platforms, and whether the company will provide regulated advertising services.
Prospective clients seeking assistance with procedures for setting up a marketing company in Vietnam are kindly invited to contact Dai Quang Minh Law Firm via Hotline: 0932 191 299; Zalo: 0932 191 299; Email: info@quangminhlawfirm.com; Viber: (+84) 337 926 405; WhatsApp: (+84) 337 926 405; WeChat: (+84) 337 926 405 (ID: pouniverse) for complimentary consultation and comprehensive, efficient, and accurate legal services.
In addition, Dai Quang Minh Law Firm provides a wide range of services, including sub-licenses, business registration, investment, foreign labor, and ongoing legal advisory services for both domestic and foreign enterprises.
Contact:
- Zalo: 0932.191.299
- Gmail: info@quangminhlawfirm.com
- Viber: (+84) 337926405/ (+84) 869672216
- WhatsApp: (+84) 337926405/ (+84) 869672216
- Wechat: (+84) 337926405 (ID: _pouniverse)/ (+84) 869672216 (ID: DQM_Verna)
- Telegram: (+84) 337926405/ (+84) 869672216
I. UNDERSTANDING THE LEGAL MODEL OF A MARKETING COMPANY IN VIETNAM
The first step in setting up a marketing company in Vietnam is to identify the exact services that the company intends to provide.
A marketing company may conduct activities such as:
- Marketing consulting;
- Brand strategy consulting;
- Market research;
- Public relations;
- Social media management;
- Content production;
- Digital marketing;
- Search engine optimization;
- Media planning;
- Influencer marketing;
- Event promotion;
- Advertising design;
- Advertising placement;
- Online advertising campaign management;
- Production of advertising materials;
- Brand activation and customer engagement campaigns.
This distinction is important because not all marketing activities are regulated in the same way.
For example, general business consulting, brand consulting or market research may be assessed differently from advertising services. Meanwhile, if the company plans to provide advertising services, such as planning, creating, placing or managing advertisements through advertising media, the company may fall within the scope of advertising services and must comply with the Law on Advertising and market access conditions applicable to foreign investors.
Vietnam’s Law on Advertising defines advertising broadly as the use of various means to present products, goods, services, organizations or individuals to the public, except for news, social policies and personal information. The Law also regulates advertising content, rights and obligations of parties involved in advertising activities, and state management of advertising.
Therefore, foreign investors should avoid using a broad and unclear description such as “marketing services” without identifying the actual activities. The investment scope should be drafted carefully to reflect whether the company will provide consulting services only, or whether it will also conduct advertising, online advertising, media placement, event promotion or other regulated activities.
II. CAN FOREIGN INVESTORS SET UP A MARKETING COMPANY IN VIETNAM?
Foreign investors may establish a marketing company in Vietnam, subject to Vietnam’s market access conditions and the specific business lines to be registered.
Under the Law on Investment, foreign investors are generally entitled to market access conditions like domestic investors, except for sectors and trades where foreign investors are subject to market access restrictions. These restrictions may relate to foreign ownership ratio, investment form, scope of activities, investor capacity, partners or other conditions. Decree No. 96/2026/ND-CP further provides that, except for restricted sectors listed under the Decree, foreign investors may access the market like domestic investors.
For general marketing consulting, brand consulting, communications consulting or market support services, foreign investment is often feasible in practice, subject to proper business line review.
However, if the company provides advertising services, the legal analysis becomes more specific. Under Vietnam’s WTO commitments, advertising services are generally classified under CPC 871, excluding advertising for cigarettes. Foreign investors should note that advertising services may require a joint venture or business cooperation arrangement with a Vietnamese partner that is legally permitted to provide advertising services. Although Vietnam’s commitments do not set a fixed foreign ownership cap for advertising services, a purely 100% foreign-owned structure may not be suitable where the registered business scope is classified as advertising services.
Therefore, the feasibility of setting up a foreign-invested marketing company depends on the exact business model. A company providing marketing consulting may be structured differently from a company providing advertising creation, advertising placement or online advertising services.
WHY CHOOSE DAI QUANG MINH LAWFIRM
With years of practical experience in legal consulting, Dai Quang Minh Law Firm is a pioneer in corporate support services, specializing in fast and affordable company formation. Below are the reasons to choose business registration services at Dai Quang Minh Law Office:
Human Resources: Established in September 2009, with over 15 years of practical experience, Dai Quang Minh Law Firm brings together a team of lawyers and legal experts with long-standing expertise in private economic groups nationwide.
Consulting Policy: Clients are gifted a completely free legal consulting package when using services at Dai Quang Minh Law Firm.
Professionalism and Experience: Dai Quang Minh Law Firm has a workforce with in-depth knowledge of business formation, ensuring a swift and accurate consulting process.
Time-Saving: Using Dai Quang Minh Law Firm's services helps you save precious time as we handle the entire process and related procedures.
Legal Insight: Dai Quang Minh Law Firm ensures that all relevant legal regulations are strictly followed in accordance with the law.
Customization: Our consulting services are highly adaptable to your specific needs, allowing you to choose options suitable for your business.
Trusted Partner: Dai Quang Minh Law Firm has built a reputation for providing affordable business setup consulting to many enterprises and individuals nationwide.
Confidentiality Assurance: Dai Quang Minh Law Firm is committed to the absolute protection of your personal and business information.
Detailed Support: Dai Quang Minh Law Firm provides detailed advice and support regarding the process and requirements to help you better understand business formation.
Process Optimization: Our consulting helps optimize the business setup process, minimizing potential risks and difficulties.
Excellent Customer Experience: Dai Quang Minh Law Firm is dedicated to providing the best customer experience through professional advice and enthusiastic support.
Focus on Business Plans: By utilizing our registration services, you can focus on developing your business plans and core activities instead of worrying about legal procedures.
III. ADVERTISING SERVICES AND MARKETING SERVICES: WHY THE DISTINCTION MATTERS
One of the most common mistakes made by foreign investors is assuming that “marketing” and “advertising” are legally identical.
In business practice, marketing may include strategy, branding, research, communications, customer analysis, content direction and campaign planning. Advertising, however, usually involves the public presentation of products, goods, services or brands through specific advertising media.
This distinction matters because advertising services may be subject to additional restrictions, content rules and compliance obligations.
For example:
- A company advising a client on brand positioning may be providing marketing consulting;
- A company designing an advertising banner or video may be involved in advertising creation;
- A company purchasing media space and placing advertisements may be providing advertising services;
- A company managing online ads through social media, search engines or other platforms may be involved in online advertising services;
- A company producing events or brand activation campaigns may need to review whether the activity includes advertising content, promotion or other regulated elements.
The Law on Advertising prohibits certain advertising acts and imposes requirements on advertising content, including accuracy, truthfulness, and compliance with cultural, ethical, national security, public order and product-specific rules.
Accordingly, foreign investors should define the company’s services carefully from the beginning. A vague investment scope may lead to licensing difficulties, later amendments, or compliance risks when the company starts signing client contracts.
IV. ONLINE ADVERTISING AND DIGITAL MARKETING COMPLIANCE
Digital marketing is one of the fastest-growing areas in Vietnam. Many foreign-invested marketing companies wish to provide online advertising, social media management, search advertising, influencer campaigns, programmatic ads, video advertising or digital content services.
From 15 February 2026, Decree No. 342/2025/ND-CP replaces Decree No. 181/2013/ND-CP and Decree No. 70/2021/ND-CP as the main guiding decree for several provisions of the Law on Advertising. The new Decree introduces updated rules for online advertising, advertising service providers, advertising records, content removal obligations and reporting requirements.
Under Decree No. 342/2025/ND-CP, online advertising service providers in Vietnam, including domestic and foreign entities, must notify their contact information to the Ministry of Culture, Sports and Tourism before commencing online advertising business activities in Vietnam. They must also store advertising activity records for 03 years from the last display date of the advertisement and provide such information when requested by competent authorities.
In addition, online advertising participants may be required to prevent or remove illegal advertising content within 24 hours after receiving a request from a competent authority. This is particularly important for companies managing online advertisements, digital campaigns, influencer content, social media ads or platform-based advertising for clients.
Therefore, a foreign-invested marketing company that provides online advertising services should prepare not only company establishment documents but also an internal compliance system for content review, record retention, client verification, advertising documentation and response to authority requests.
V. PROCEDURE FOR SETTING UP A FOREIGN-INVESTED MARKETING COMPANY
The establishment procedure depends on the investor’s nationality, proposed business lines, foreign ownership structure, location and whether the company will provide advertising services.
Reviewing the business model and market access conditions
Before preparing documents, investors should review whether the proposed services fall under general marketing consulting, advertising services, market research, public relations, event promotion, digital marketing, online advertising or other regulated activities.
This step is important because it determines whether the company can be wholly foreign-owned or whether a Vietnamese partner, joint venture or business cooperation contract should be considered.
Investment registration
In many cases, a foreign investor must apply for an Investment Registration Certificate before establishing the company.
The investment registration dossier usually includes information on the investor, investment capital, project objectives, business scope, location, implementation schedule and financial capacity.
For a marketing company, the project objectives should be drafted carefully. If the company will provide advertising services, media planning, online advertising or content placement services, these activities must be reviewed and described appropriately based on applicable market access conditions.
Enterprise registration
After obtaining the Investment Registration Certificate, the investor proceeds to establish the Vietnamese company and obtain the Enterprise Registration Certificate.
The Enterprise Registration Certificate gives the company legal entity status in Vietnam and records key corporate information such as company name, registered address, charter capital, legal representative and enterprise code.
However, company establishment does not automatically mean that the company may conduct every marketing or advertising activity. If the company’s services include regulated advertising, online advertising, event activities or specialized product advertising, further compliance review may be required.
Post-establishment procedures
After incorporation, the company should complete tax registration, bank account opening, capital contribution, digital signature registration, e-invoice registration, accounting setup, internal corporate records and company signboard.
Depending on the business model, the company may also need to review:
- Advertising service compliance;
- Online advertising notification obligations;
- Client contract templates;
- Advertising content approval procedures;
- Data protection policies;
- Intellectual property protection;
- Labor contracts and foreign work permits;
- E-commerce or platform-related obligations if online services are involved.
Prospective clients seeking assistance with procedures for setting up a marketing company in Vietnam are kindly invited to contact Dai Quang Minh Law Firm via Hotline: 0932 191 299; Zalo: 0932 191 299; Email: info@quangminhlawfirm.com; Viber: (+84) 337 926 405; WhatsApp: (+84) 337 926 405; WeChat: (+84) 337 926 405 (ID: pouniverse) for complimentary consultation and comprehensive, efficient, and accurate legal services.
In addition, Dai Quang Minh Law Firm provides a wide range of services, including sub-licenses, business registration, investment, foreign labor, and ongoing legal advisory services for both domestic and foreign enterprises.
Contact:
- Zalo: 0932.191.299
- Gmail: info@quangminhlawfirm.com
- Viber: (+84) 337926405/ (+84) 869672216
- WhatsApp: (+84) 337926405/ (+84) 869672216
- Wechat: (+84) 337926405 (ID: _pouniverse)/ (+84) 869672216 (ID: DQM_Verna)
- Telegram: (+84) 337926405/ (+84) 869672216
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