In 2024, what are prohibited acts of naming enterprises in Vietnam?

In 2024, what are prohibited acts of naming enterprises in Vietnam?

Pursuant to Article 38 of the Enterprise Law 2020, regulations on prohibited acts of naming enterprises:

Prohibited acts of naming enterprises

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.

According to this Article, when naming enterprises, the following are strictly prohibited:

(1) Do not use a name that is identical or confusing to the name of a registered enterprise. As follows:

- The Vietnamese name of the applying enterprise is pronounced similarly to a registered enterprise’s name;

- The abbreviated name of the applying enterprise is identical to the abbreviated name of a registered enterprise;

- The foreign language name of the applying enterprise is identical to the foreign language name of a registered enterprise;

- The proper name of the applying enterprise is only different from the proper name of a registered enterprise by a natural number or a letter in the Vietnamese alphabet or any of the letters F, J, Z, W that is written right after the proper name with or without a space;

- The proper name of the applying enterprise is only different from the proper name of an registered enterprise of the same type by the word “và” (“and”) or the symbol “&”, ”, “.”, “,”, “+”, “-”, “_”;

- The proper name of the applying enterprise is only different from the proper name of an registered enterprise of the same type by the word “tân” or “mới” (“new”) that is written right before or after the proper name;

- The proper name of the applying enterprise is only different from the proper name of an registered enterprise of one of the phrases “miền Bắc” (“north”), “miền Nam” (“south”), “miền Trung” (“central”), “miền Tây” (“west”), “miền Đông” (“east”);

- The proper name of the applying enterprise is identical to that of a registered enterprise.

(2) Do not use the names of the following organizations as all or part of the enterprise's proper name:

- State authority;

- People’s military unit;

- Political organizations;

- Social and political organizations;

- Socio-political and professional organizations;

- Social organization;

- Social-professional organizations;

Note: Only use the names of organizations as all or part of the business's own name with the approval of that agency, unit or organization.

(3) Do not use words or symbols that violate the historical, cultural, ethical traditions and fine customs of the nation.

In 2024, what are prohibited acts of naming enterprises in Vietnam? (Image from the Internet)

How many numbers are in enterprise identification numbers in Vietnam?

Pursuant to Article 5 of Circular 105/2020/TT-BTC regulating structure of TIN:

Structure of TIN

1. Structure of TIN

N₁N₂N₃N₄N₅N₆N₇N₈N₉N₁₀ - N₁₁N₁₂N₁₃

Where:

- The first two digits N₁N₂ indicate the province that issues TINs

- Seven digits N₃N₄N₅N₆N₇N₈N₉ are formed in a definite element in ascending order from 0000001 to 9999999.

- N₁₀ is the check digit.

- Three digits N₁₁N₁₂N₁₃ are formed in ascending order from 001 to 999.

- A dash (-) is used to separate the first 10-digit element and the last 3-digit element.

2. A business identification number, cooperatives identification number, identification number of affiliated entity of enterprise or cooperative that is issued in accordance with the law on registration of enterprises or cooperatives is also a taxpayer identification number.

3. Classification of structure of TIN

a) 10-digit TINs shall be issued to enterprises, cooperatives, entities that have full legal status or entities without legal status but incurring tax liabilities; representatives of households, household businesses and other individuals (hereinafter referred to as independent entities).

b) 13-digit TINs with a dash (-) used to separate the first 10 digits and the last 3 digits are used for affiliated entities and others.

c) The taxpayers being business entities or other entities as prescribed in points a, b, c, d, n clause 2 Article 4 of this Circular, whether or not they have legal status, once incurring tax liabilities and being accountable for their own tax liabilities, shall be issued with 10-digit TINs; the affiliated entities thereof, established as per the law, once incurring tax liabilities and directly declaring and paying taxes, shall be issued with 13-digit TINs.

d) Foreign contractors, foreign sub-contractors specified in point dd clause 2 Article 4 of this Circular that apply for paying foreign contractor withholding tax directly with tax authorities shall be issued with 10-digit TINs by every contract.

If a foreign contractor, upon a contract, engages in a joint venture with Vietnamese business entities for undertaking business in Vietnam and these joint venture members establish a joint venture management board that keeps accounting records and has a bank account and is responsible for issuance of invoices; or the Vietnamese business entity, as the joint venture member, keeps the accounting records in general and shares profits to joint venture members, they shall be issued with a 10-digit TIN for tax declaration and payment for the contract purpose.

If a foreign contractor or foreign subcontractor has an office in Vietnam and has its foreign contractor withholding tax declared, withheld and remitted by the Vietnamese party, such foreign contractor or foreign subcontractor shall be issued with a 10-digit TIN for declaration of other tax liabilities (except foreign contractor withholding tax) in Vietnam and that TIN shall be notified to the Vietnamese party.

...

Thus, the enterprise identification number is a 10-digit TIN issued to each business. The structure of the enterprise identification number is as follows:

N1N2 N3N4N5N6N7N8N9 N10 - N11N12N13

In there:

- The first two digits N1N2 are the interval numbers of the TIN.

- The seven digits N3N4N5N6N7N8N9 are specified according to a defined structure, increasing in the range from 0000001 to 9999999.

- Digit N10 is the check digit.

- The three digits N11N12N13 are ordinal numbers from 001 to 999.

- The dash (-) used to separate the first 10 digits and the last 3 digits.

In what cases do TINs cease to be valid in Vietnam?

Pursuant to Article 39 of Law on Tax administration, it is stipulated that TIN deactivation as follows:

TIN deactivation

1. Taxpayers who combine taxpayer registration with business registration shall have their TINs deactivated in one of the following cases:

a) Shutdown or dissolution, bankruptcy;

b) Revocation of certificate of enterprise registration, cooperative registration and/or business registration;

c) Full division, acquisition/merger, consolidation.

...

Thus, the TIN is the tax code that will cease to be valid in the following cases:

- Shutdown or dissolution, bankruptcy;

- Revocation of certificate of enterprise registration, cooperative registration and/or business registration;

- Full division, acquisition/merger, consolidation.

Best regards!