LEGAL DOCUMENT

– Law on Enterprises 2020

– Decree No.01/2021 on enterprise registration

REGULATION

I. Vietnamese name of the enterprise

The Vietnamese name of the enterprise consists of two elements:

TYPE OF ENTERPRISE + PROPER NAME

Including:

TYPE OF ENTERPRISE is written in:

+ For Limited liability companies: “Công ty Trách nhiệm hữu hạn” / “Công ty TNHH”

+ For Joint stock companies: “Công ty Cổ phần” / “Công ty CP”

+ For Partnership: “Công ty Hợp danh” / “Công ty HD”

+ For private enterprises: “Doanh nghiệp Tư nhân” / “DNTN” / “Doanh nghiệp TN”

PRIVATE NAME is written in:

+ Vietnamese alphabet;

+ The letters F, J, Z, W;

+ Digits;

+ Symbols.

Note: The company’s name must be posted up at the headquarter, branches, representative offices, and business locations of the enterprise. The company’s name must be printed or written on the transaction documents, materials, and publications issued by the enterprise.

II. The company’s name in the foreign language and abbreviated name

1. An enterprise name in a foreign language means the name translated from the Vietnamese name into a foreign language that uses the Latin alphabet. When translating into a foreign language, the enterprise’s proper name may remain unchanged or be translated into a foreign language with a corresponding meaning.

2. In case an enterprise has a foreign name, its shall be printed or written with a font size smaller than the Vietnamese name of the enterprise at the headquarter, branches, representative offices, or on the transaction documents and publications.

3. The abbreviated name of an enterprise is derived from the Vietnamese name or the foreign language name.

III. Some prohibitions when naming a business

1. A used name means a Vietnamese name of the enterprise which is exactly the same as the name of another registered enterprise.

2. The cases that are considered confusing names with registered enterprises’ names include:

a) The Vietnamese name of the enterprise is pronounced similarly to the name of the registered enterprise;

b) The abbreviated name of the enterprise is the same as the abbreviated name of the registered enterprise;

c) The foreign language name of the enterprise is the same as the foreign language name of the registered enterprise;

d)The proper name of the enterprise is different from that of a registered enterprise of the same type by only a natural number, an ordinal number, or a letter in the Vietnamese alphabet, letters F, J, Z, and W right after the proper name of that enterprise;

đ) The proper name of the registered enterprise is different from that of a registered enterprise of the same type by only a symbol “&” or “and”, “.”, “,”, “+”, “-, “_”;

e) The proper name of the enterprise is different from that of an enterprise of the same type by only the word “first” before or “new” after the proper name of the enterprise.

g) The proper name of the enterprise is different from that of an enterprise of the same type by only a phrase “north”, “south”, “middle”, “west”, “east”

h) The proper name of the enterprise is the same as the proper name of the registered enterprise.

3. The cases specified at points d, đ, e, g, and h, Clause 2 of this Article do not apply to subsidiaries of the registered company.

4. It is forbidden to use the names of state agencies, the armed forces units, political organizations, socio-political organizations,  socio-political– professional organizations, social organizations, and social–professional organizations for doing a whole or a part of the proper name of the enterprise, except for the approval of the agency, unit or organization.

5. This is a taboo when naming a company. it’s not only breaking the law but also difficult to “win” the market when the company name violates the historical tradition, culture, morality, or fine customs of the nation.

6. Do not use a protected trade name, trademark, or geographical indication to constitute the proper name of an enterprise unless approved by the owner of the trade name, trademark, or indication.

Before registering a business name, the person establishing the company or enterprise can refer to the registered trademarks and geographical indications which are kept in the Database of Trademarks and Geographical Indications of the state management agency on industrial property rights. (Clause 1, Article 17 of Decree No. 01/2021/ND-CP).

IV. About Us, Hankuk Law Firm

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