In case the name of the company is rejected for establishment, does the company have the right to sue the Business Registration Office in Vietnam?

In case the name of the company is rejected for establishment, does the company have the right to sue the Business Registration Office in Vietnam?

I have a question: In case the name of the company is rejected for establishment, does the company have the right to sue the Business Registration Office in Vietnam? Thank you!

Answer:

Pursuant to Clause 2 Article 18 of the Decree 01/2021/NĐ-CP stipulating as follows:

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.

According to this regulation, if the Business Registration Office rejects the company's proposed name and the company does not agree with the decision of the Business Registration Office, the company may file a lawsuit in accordance with the provisions of the law on administrative proceedings.

Therefore, in the case of being rejected for the proposed name of a company establishment, the company has the right to sue the Business Registration Office under administrative proceedings.

In case the name of the company is rejected for establishment, does the company have the right to sue the Business Registration Office in Vietnam? - Source: Internet

If the business registration certificate in Vietnam has a spelling error, how long will it take to receive a new one?

My question is: If the business registration certificate in Vietnam has a spelling error, how long will it take to receive a new one?

Answer:

Pursuant to Clause 1 Article 39 of the Decree 01/2021/NĐ-CP stipulating as follows:

In case an enterprise detects information in its enterprise registration certificate is inaccurate compared to those in the application for enterprise registration, it shall send a written request for information rectification to the Business Registration Office of province where it is headquartered. The Business Registration Office shall re-issue the enterprise registration certificate within 03 working days from the receipt of the request from the enterprise if it contains accurate information.

According to the regulation, if a company discovers that the content on the Business Registration Certificate is not accurate (may be a typo, etc.) compared to the content of the business registration dossier, the company sends a document requesting to correct the information to the Business Registration Office. The Business Registration Office will issue a new certificate within 3 working days from the date of receipt of the request.

Is it necessary to use a business registration account to register a business online in Vietnam?

May I ask if it is necessary to use a business registration account to register a business online in Vietnam?

Answer:

Pursuant to Clause 1 Article 42 of the Decree 01/2021/NĐ-CP stipulating as follows:

Online enterprise registration means the application for enterprise registration which is submitted by the enterprise or its founder via the National Business Registration Portal. Applicants are entitled to use digital signatures in accordance with regulations of the Law on electronic transactions or business registration accounts to apply for enterprise registration online.

According to the regulation, when registering a business online, organizations and individuals have the right to choose to use a digital signature or use a Business Registration Account to register a business online. Therefore, it is possible to use a digital signature to register a business online, not only using a Business Registration Account.

Best regards!