Cases of identical and confusingly similar names in Vietnam under the Law on Enterprises

Cases of identical and confusingly similar names in Vietnam under the Law on Enterprises (Internet image)

1. Cases of identical and confusingly similar names in Vietnam

Article 41 of the Law on Enterprises 2020 stipulates that cases of identical and confusingly similar names are as follows:

- Identical name means a Vietnamese name that is chosen by the applying enterprise and is identical to the Vietnamese name of a registered enterprise.

- A name is considered identical to a registered enterprise’s name in the following cases:

= 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.

- The cases specified in Points d, dd, e, g, h Clause 2 of Article 41 of the Law on Enterprises 2020 do not apply to subsidiary companies of the registered company.

2. Names of enterprises in Vietnam

Article 37 of the Law on Enterprises 2020 stipulates the names of enterprises as follows:

- The Vietnamese name of an enterprise shall contain two elements in order:

= The type of enterprise;

= The proper name.

- 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.

- The proper name shall consist of letters in the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols.

- 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.

- Pursuant to regulations of this Article, Articles 38, 39 and 41 of of the Law on Enterprises 2020, the business registration authority is entitled to refuse to register enterprise’s name.

3. Prohibited acts of naming enterprises in Vietnam

Article 38 of the Law on Enterprises 2020 stipulates prohibited acts of naming enterprises as follows:

- Use of any name that is identical or confusingly similar to another enterprise’s name that is registered in accordance with Article 41 of Article 38 of the Law on Enterprises 2020.

- 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.

- Use of words or symbols that against the country’s history, culture, ethical values and good traditions.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE