Compilation of regulations regarding enterprise naming in Vietnam

Compilation of regulations regarding enterprise naming in Vietnam - image from internet

Legal basis: Law on Enterprises in 2014; Decee 78/2015/ND-CP.

1. Enterprise’s name

- The Vietnamese name of an enterprise consists of two elements:

+ The type of business entity. The type of business entity is written as “công ty trách nhiệm hữu hạn” or “công ty TNHH” (limited liability company); “công ty cổ phần” or “công ty CP” (joint-stock company); “công ty hợp danh” or “công ty HD” (partnership); “doanh nghiệp tư nhân”, “DNTN” or “doanh nghiệp TN” (sole proprietorship);

+ The proper name is written using the Vietnamese alphabet, the letters, F, J, Z, W, digits, and symbols.

- The enterprise’s name must be post up at the headquarter, branches, representative offices, and other business locations of the enterprise. The enterprise’s name must be printed or written on transaction documents, materials, and publications published by the enterprise.

- Business registration authorities are entitled to refuse to grant approval for enterprises’ names pursuant to Articles 39, 40, 42, and this Article.

2. Prohibitions when naming enterprises in Vietnam

- Picking a name that is the same as or confused with another enterprise’s name which has been registered as prescribed in Article 42 of this Law.

- Using names of regulatory bodies, the armed forces, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations as the whole or part of the enterprise’s proper name, unless otherwise permitted by the organization.

- Using words or symbols that offend the history, tradition, culture of Vietnam.

3. Used names and confusing names

- The enterprise or its founder must not use a name that is already used by another enterprise or easily confused with another enterprise’s name that is already registered on National Enterprise Registration Database; except for the names of enterprises that have been dissolved or declared bankrupt by the court.

- A name is considered confusing in the following cases:

+ The cases prescribed in Clause 2 Article 42 of the Law on Enterprises;

+ The enterprise’s proper name is the same as another enterprise's name that has been registered.

- The enterprise’s name in a foreign language must not coincide with another enterprise's foreign name that has been registered. The enterprise’s abbreviated name must not coincide with another enterprise's abbreviated name that has been registered. Regulations on avoidance of name coincidence are applied nationwide, except for the names of enterprises that have been dissolved or declared bankrupt by the court.

- Enterprises operating under their investment licenses or certificate of investments (also the certificate of business registration) whose name are the same as or confused with other enterprises’ names on National Enterprise Registration Database are not required to change their names.

- Enterprises whose names coincide or are confused with each other are recommended to negotiate about changing their names or adding geographical areas to their names as a distinguishing element.

4. Other issues about naming enterprises

- An enterprise’s name consists of two elements:

+ The enterprise’s type of business entity;

+ The enterprise’s proper name.

- Before registering a name, the enterprise must check National Enterprise Registration Database for registered names.

- Business Registration Offices are entitled to accept or reject enterprises’ selected names as prescribed by law. The decision given by the Business Registration Office is final.

- Enterprises operating under their investment licenses or certificate of investments (also the certificate of business registration) may keep using their registered names and are not required to change their names.

Best regards!