How to name a business to ensure compliance with current regulations in Vietnam?
How to name a business to ensure compliance with current regulations in Vietnam? - Ms. Thu (Da Nang)
What are regulations on names of enterprises in Vietnam?
Pursuant to Article 37 of the Law on Enterprises in 2020 stipulating names of enterprises in Vietnam as follows:
Names of enterprises
1. The Vietnamese name of an enterprise shall contain two elements in order:
a) The type of enterprise;
b) The proper name.
2. The type of enterprise shall be “công ty trách nhiệm hữu hạn” or “công ty TNHH” for limited liability companies; “công ty cổ phần” or “công ty CP” for joint stock companies; “công ty hợp danh” or “công ty HD” for partnerships; “doanh nghiệp tư nhân”, “DNTN” or “doanh nghiệp TN” for sole proprietorships.
3. The proper name shall consist of letters in the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols.
4. The enterprise’s name shall be displayed at the headquarters, branches, representative offices and business locations of the enterprise and printed or written on transaction documents, records and printed materials published by the enterprise.
5. Pursuant to regulations of this Article, Articles 38, 39 and 41 of this Law, the business registration authority is entitled to refuse to register enterprise’s name.
As regulations above, the Vietnamese name of an enterprise shall contain two elements in order:
- The type of enterprise shall be:
+ “công ty trách nhiệm hữu hạn” or “công ty TNHH” for limited liability companies;
+ “công ty cổ phần” or “công ty CP” for joint stock companies;
+ “công ty hợp danh” or “công ty HD” for partnerships;
+ “doanh nghiệp tư nhân”, “DNTN” or “doanh nghiệp TN” for sole proprietorships.
- The proper name shall consist of letters in the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols.
The enterprise’s name shall be displayed at the headquarters, branches, representative offices and business locations of the enterprise.
The enterprise’s name shall be printed or written on transaction documents, records and printed materials published by the enterprise.
How to name a business to ensure compliance with current regulations in Vietnam? - Source: Internet
What are prohibited acts of naming enterprises in Vietnam?
Pursuant to Article 38 of the Law on Enterprises in 2020 stipulating prohibited acts of naming enterprises in Vietnam as follows:
- 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.
- 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.
- Use of words or symbols that against the country’s history, culture, ethical values and good traditions.
What are regulations on enterprise’s name in foreign language and abbreviated name in Vietnam?
Pursuant to Article 39 of the Law on Enterprises in 2020 stipulating enterprise’s name in foreign language and abbreviated name in Vietnam as follows:
- The enterprise’s name in a foreign language is the name translated from the Vietnamese name into one of the Latin-based languages. The proper name of the enterprise’s may be kept unchanged or translated into the foreign language.
- In case an enterprise’s name is in a foreign language, the text size of the foreign name shall be smaller than the Vietnamese name displayed at the enterprise’s headquarters, branches, representative offices and business locations and on the enterprise’s transaction documents, records and materials published by the enterprise.
- The abbreviated name of an enterprise may be abbreviation of its Vietnamese name or foreign language name.
What are regulations on registration of enterprise’s name in Vietnam?
Pursuant to Article 18 of the Decree 01/2021/NĐ-CP stipulating registration of enterprise’s name as follows:
- 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.
- 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.
- 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.
- Enterprises whose names coincide or are confused with each other are recommended to negotiate about changing their names.
Best regards!
