Is it permissible for business locations of enterprises in Vietnam to register a name in foreign language?

Is it permissible for business locations of enterprises in Vietnam to register a name in foreign language?

Pursuant to Article 20 of the Decree 01/2021/NĐ-CP stipulating registration of names of branches, representative offices and business locations in Vietnam as follows:

1. Names of branches, representative offices and business locations shall comply with Article 40 of the Law on Enterprises.

2. Apart from the Vietnamese name, the enterprise’s branch, representative office or business location may register a name in foreign language and an abbreviated name. The foreign language name is the name translated from the Vietnamese name into one of the Latin-based languages. The abbreviated name may be abbreviation of either Vietnamese name or foreign language name.

3. The phrase “công ty” or “doanh nghiệp” must not be used as part of the proper name of the enterprise’s branch, representative office or business location.

4. When a wholly state-owned enterprise is converted into a financially dependent unit after restructuring, its existing name before restructuring may be retained.

As regulations above, apart from the Vietnamese name, the enterprise’s business location may register a name in foreign language and an abbreviated name. The foreign language name is the name translated from the Vietnamese name into one of the Latin-based languages. The abbreviated name may be abbreviation of either Vietnamese name or foreign language name.

Is it permissible for enterprises in Vietnam to establish business locations at places other than where its branch is located?

Pursuant to Article 31 of the Decree 01/2021/NĐ-CP stipulating documents and procedures for registration of branches and representative offices, and notification of establishment of business locations in Vietnam as follows:

1. Application for registration of branch/representative office:

The enterprise shall send the application for registration of branch/representative office to the Business Registration Office of the province where the branch/representative office is situated. The application includes the following documents:

a) A notification of establishment of branch/representative office signed by the enterprise’s legal representative;

b) The copy of the resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the joint-stock company; the copy of the resolution or decision of the owner of the single-member limited liability company on establishment of branch/representative office;

c) Copies of legal documents of the person who is the head of branch/representative office.

2. Notification of establishment of business location:

a) An enterprise may establish business locations at places other than those where it is headquartered or its branch is located;

b) Within 10 working days from the date of establishment of a business location, the enterprise shall send a notification thereof to the Business Registration Office of province where the business location is situated;

c) A notification of establishment of business location shall be signed by the enterprise’s legal representative if it is affiliated to the enterprise or by the branch’s head if it is affiliated to the branch.

3. Within 03 working days from the receipt of satisfactory application, the Business Registration Office shall issue the certificate of branch/representative office registration, and update information about the business location on the National Enterprise Registration Database. The Business Registration Office may issue a certificate of registration of business location to the enterprise at its request. If the application is unsatisfactory, the Business Registration Office shall notify the enterprise of necessary revisions.

4. Establishment of overseas branches/representative offices shall comply with the law of the host country. Within 30 working days from the official establishment date of an overseas branch/representative office, the enterprise must send a written notification thereof to the Business Registration Office of province where it is headquartered. This notification must be accompanied by the copy of the certificate of registration of the branch/representative office or another document of equivalent validity. The Business Registration Office shall update information about the branch/representative office on the National Enterprise Registration Database within 03 working days from the receipt of the notification.

As regulations above, your enterprise may establish business locations at places other than those where it is headquartered or its branch is located. You shall send a notification thereof to the Business Registration Office of province where the business location is situated within 10 working days from the date of establishment of a business location.

What is the place of the business location of a household business in Vietnam?

Pursuant to Article 86 of the Decree 01/2021/NĐ-CP stipulating business location of a household business in Vietnam as follows:

1. The business location of a household business is the place where specific business operations are carried out.

2. A household business may carry out business operations at multiple locations but must select a location as its headquarters and notify it to tax authorities and market surveillance authorities at places of other business locations.

As regulations above, the business location of a household business is the place where specific business operations are carried out. A household business may carry out business operations at multiple locations in Vietnam.

Best regards!