Is it permissible for the household business in Vietnam to have the same name?
Is it permissible for the household business in Vietnam to have the same name? Can household business engage in conditional business lines in Vietnam?
Hello Lawnet. My family wants to establish a household business. We are thinking about the name for it. Recently, I saw another household business, which has a really nice name. I don't know if I can register with the same name with them? Thank you.
Is it permissible for the household business in Vietnam to have the same name?
Pursuant to Article 88 of the Decree 01/2021/ND-CP stipulating naming of household businesses in Vietnam as follows:
1. Each household business has its own name. The name of a household business shall consist of two elements as follows:
a) The phrase “Hộ kinh doanh”;
b) The proper name.
The proper name consists of letters in the Vietnamese alphabet, the letters F, J, Z, W, digits, and symbols.
2. It is prohibited to use words or symbols that contradict Vietnam’s tradition, history, culture, and ethics in the proper name of the household business.
3. The name of a household business must not consist of the phrase “công ty” or “doanh nghiệp”.
4. The proper name of the household business must not coincide with the name of another household business which has been registered within the same district.
As regulations above, the proper name of the household business must not coincide with the name of another household business which has been registered within the same district. On the other hand, you are pemissible to register the same name if that household business is not placed in the same district as yours.
Can household business engage in conditional business lines in Vietnam?
Pursuant to Article 89 of the Decree 01/2021/ND-CP stipulating business lines of a household business in Vietnam as follows:
1. When applying for registration of a new household business, the household business shall write the business lines on the application form for household business registration or notification of changes to household business registration information. The district-level business registration authority shall write the business lines on the certificate of household business registration.
2. A household business are entitled to engage in conditional business lines from the day on which all business conditions are fulfilled and must maintain the fulfillment of such conditions throughout its operation. Specialized agencies are in charge of management and inspection of conditional business lines and fulfillment of conditions.
3. In case the district-level business registration authority receives a notification from a competent authority that the household business engages in conditional business lines without satisfying all conditions, the district-level business registration authority shall request the household business to stop engaging in the conditional business lines and notify a competent authority to handle the case in accordance with regulations of law.
As regulations above, a household business are entitled to engage in conditional business lines from the day on which all business conditions are fulfilled and must maintain the fulfillment of such conditions throughout its operation.
Best regards!
