Vietnam: Is it possible to register an enterprise’s name that is already used by another enterprise that has been dissolved or declared bankrupt?
What are prohibited acts of naming enterprises in Vietnam?
Pursuant to the provisions of Article 38 of the 2020 Law on Enterprises in Vietnam as follows:
Prohibited acts of naming enterprises in Vietnam
1. Use of any name that is identical or confusingly similar to another enterprise’s name that is registered in accordance with Article 41 of this Article.
2. Use of the name of a state authority, the People’s military unit, political organization, socio-political organization, socio-political-professional organization, social organization, social-professional organization as part or all of an enterprise’s name, unless it is accepted by that authority, unit or organization.
3. Use of words or symbols that against the country’s history, culture, ethical values and good traditions.
Thus, in the process of naming an enterprise, it is not allowed to violate the above prohibition such as use of any name that is identical or confusingly similar to another enterprise’s name that is registered; use of the name of a state authority; use of words or symbols that against the country’s history, culture, ethical values and good traditions.
Vietnam: Is it possible to register an enterprise’s name that is already used by another enterprise that has been dissolved or declared bankrupt?
How to register names of branches, representative offices and business locations?
Pursuant to the provisions of Article 20 of Decree No. 01/2021/ND-CP stipulating as follows:
Registration of names of branches, representative offices and business locations
1. Names of branches, representative offices and business locations shall comply with Article 40 of the Law on Enterprises.
2. Apart from the Vietnamese name, the enterprise’s branch, representative office or business location may register a name in foreign language and an abbreviated name. The foreign language name is the name translated from the Vietnamese name into one of the Latin-based languages. The abbreviated name may be abbreviation of either Vietnamese name or foreign language name.
3. The phrase “công ty” or “doanh nghiệp” must not be used as part of the proper name of the enterprise’s branch, representative office or business location.
4. When a wholly state-owned enterprise is converted into a financially dependent unit after restructuring, its existing name before restructuring may be retained.
Thus, the registration of branches, representative offices and business locations must comply with the provisions of the Law on Enterprises. In addition, such registration must comply with the regulations on the name and proper name of the enterprise.
Is it possible to register an enterprise’s name that is already used by another enterprise that has been dissolved or declared bankrupt?
Pursuant to Article 18 of Decree No. 01/2021/ND-CP stipulating as follows:
Registration of enterprise’s name
1. The enterprise or its founder shall not use a name that is already used by another enterprise or easily confused with another enterprise’s name that is already registered on the National Enterprise Registration Database, except for the names of enterprises that have been dissolved or declared bankrupt by the Court.
2. Business Registration Offices are entitled to accept or reject the names selected by enterprises as prescribed by law. In order to avoid the use of used or confusing names or commission of violations against regulations on naming of enterprises, the Business Registration Office’s decision will be final. If disagreeing with the decision given by the Business Registration Office, the enterprise may file a lawsuit in accordance with regulations of the Law on administrative procedures.
3. Enterprises that are operating under their investment licenses or investment certificates (also business registration certificates) or another document of equivalent validity issued before July 01, 2015 and whose name are the same as or confused with other enterprises’ names registered on the National Enterprise Registration Database may continue using their registered name and are not required to change such names.
4. Enterprises whose names coincide or are confused with each other are recommended to negotiate about changing their names.
According to the above provisions, the enterprise or its founder shall not use a name that is already used by another enterprise or easily confused with another enterprise’s name that is already registered, except for the names of enterprises that have been dissolved or declared bankrupt by the Court.
Thus, an enterprise may register an enterprise name identical with the name of another enterprise that has been dissolved or declared bankrupt.
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