Can I sue if the Business Registration Office in Vietnam does not accept the registered company name?
Can I sue if the Business Registration Office in Vietnam does not accept the registered company name? Can the branch name of a company in Vietnam be abbreviated?
Hello Lawnet. I and some of my friends have registered a business. However, when the Business Registration Office reviewed the documents, they did not accept the name of my company. We also checked if the name was duplicated or violated any regulations. We realized that there were no problems with the name. Then, the Business Registration Office still refused to accept the registered name. Can we sue them? Thank you!
Can I sue if the Business Registration Office in Vietnam does not accept the registered company name?
Pursuant to Article 18 of the Decree 01/2021/NĐ-CP stipulating registration of enterprise’s name as follows:
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.
Therefore, if the Business Registration Office does not accept the registered company name of yours, you can sue them under the regulations of the law on administrative procedures when you do not accept the decision.
Can I sue if the Business Registration Office in Vietnam does not accept the registered company name? - Source: Internet
Can the branch name of a company in Vietnam be abbreviated?
Pursuant to Article 20 of the Decree 01/2021/NĐ-CP stipulating registration of names of branches, representative offices and business locations as follows:
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.
In addition to the Vietnamese name, the branch of a company can be registered with a foreign name and an abbreviated name.
Best regards!
