Is it compulsory to put signboards of enterprises in Vietnam in accordance with business registration certificates?

Is it compulsory to put signboards of enterprises in Vietnam in accordance with business registration certificates?

Pursuant to Article 23 of the Regulation on cultural activities and commercial provision of public cultural services issued together with the Decree 103/2009/NĐ-CP stipulating beauty, letters, positions and contents of signboards in Vietnam as follows:

1. Beauty and letters of signboards:

a/ A signboard must be beautifully designed;

b/ A signboard must be written in Vietnamese; abbreviated names and international transaction names, foreign names or words must be written below Vietnamese words in a smaller size.

2. Position of signboards:

A signboard must be written and placed very close to the front gate of the head office or business place of the organization or individual; each agency or organization may have only one signboard at its gate: at the head office or business place independent from other organizations or individuals, only one horizontal signboard and no more than two vertical signboards may be placed.

3. Contents of a signboard:

a/ The name of the direct managing agency (if any);

b/ The full name in Vietnamese as indicated in the establishment decision or business registration certificate granted by a competent agency;

c/ Type of the enterprise or cooperative;

d/ Major trades or business lines (for goods production and business establishments and service providers);

e/ The transaction address, telephone number (if any);

f/ The signboard may show the logo already registered with a competent agency with an area not exceeding 20% of the signboard's area, but not any advertisement for any kind of goods or service.

As regulations above, you are not allowed to put signboards that has different information compared to business registration certificate.

What are the fines imposed upon individuals for not putting signboards at business locations in Vietnam?

Pursuant to Clause 2 and 3, Article 52 of the Decree 122/2021/NĐ-CP stipulating violations against other regulations on organization and management of enterprises in Vietnam as follows:

2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Failure to issue the certificate of capital contribution to a company’s member;

b) Failure to make a member register or register of share-issuing shareholders;

c) Failure to put up the enterprise’s name at its head office, failure to put up the name of branch, representative office or business location at its location;

d) Failure to retain documents at the head office or another location specified in the company’s charter.

3. Remedial measures:

The violator is compelled to:

a) dismiss the unqualified enterprise manager if the violation specified in Point a Clause 1 of this Article is committed;

b) dismiss the unqualified Director (General Director) if the violation specified in Point b Clause 1 of this Article is committed;

c) issue a certificate of capital contribution to the company’s member if the violation specified in Point a Clause 2 of this Article is committed;

d) make a member/shareholder register as prescribed if the violation specified in Point b Clause 2 of this Article is committed;

dd) put up the enterprise’s name at its head office or put up the name of the branch, representative office or business location if the violation specified in Point c Clause 2 of this Article is committed.

Pursuant to Article 4 of the Decree 122/2021/NĐ-CP stipulating follows:

1. Maximum fines for administrative violations specified in this Decree are as follows:

a) The maximum fine for an administrative violation against regulations on investment: VND 300,000,000;

b) The maximum fine for an administrative violation against regulations on bidding: VND 300,000,000;

c) The maximum fine for an administrative violation against regulations on enterprise registration: VND 100,000,000;

d) The maximum fine for an administrative violation against regulations on planning: VND 500,000,000.

2. The fines for administrative violations specified in this Decree are imposed upon organizations (except for the fines for violations specified in Point c Clause 2 Article 28; Points a and b Clause 2 Article 38; Article 62 and Article 63 of this Decree, which are imposed upon individuals). For the same violation, the fine incurred by an individual is 1/2 (half) that incurred by an organization.

As regulations above, any individual who fails to put signboards at business locations shall be fined VND 15,000,000 to VND 25,000,000

How shall signboards of in Vietnam be put?

Pursuant to Article 37 of the Law on Enterprises in 2020 stipulating names of enterprises in Vietnam as follows:

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  enterprise’s name shall be displayed at representative offices

Best regards!