Regulations on hanging a signboard of newly established companies in Vietnam

Hello Lawyer. I have established a company. Currently, I still don’t know how to hang the company sign. Can a lawyer tell me the Regulations on hanging a signboard of newly established companies in Vietnam? I look forward to receiving the earliest response from the lawyer. Sincerely thank you.

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Legal grounds

Enterprise Law 2020
Consolidation document 47/VBHN-VPQH consolidating the Law on Advertising
Decree 103/2009/ND-CP promulgating regulations on cultural activities
Decree 155/2013/ND-CP
Decree 38/2021/ND-CP stipulating penalties for administrative violations in the field of culture and advertising

What is a company board?

Company signboard is the company’s signboard, which provides the most basic information about the company, the company’s signboard is written or placed close to the gate/front of the headquarters or business place of the organization, or individual.

Each subject, when placing a sign, may only place one horizontal sign and no more than two vertical signs.

Such regulation first recognizes that at this address is the headquarters or the place of business activities of an organization or an individual.

At the same time, this provision creates an opportunity to easily search or locate operations for that organization or individual to avoid misuse of signs, such as placing too many company signs at one address. causing unsightly as well as confusion, the Law also stipulates that at an address, no more than one horizontal and two vertical signs may be placed.

Note for signs: Signboards must be presented in the Vietnamese language. In case there are words or information in a foreign language, it must be written below the Vietnamese word and smaller.

What information is on the company logo?

The information on the company signboard is as follows:

Name of the direct governing body
The governing body directly writing on the signboard is the superior agency that directly decides on the organization, personnel, budget or settles the regimes and policies for the agency or organization, writes and places the signboard. .

This information is not mandatory, but only applies to those agencies and units that have a direct governing body, but care must be taken to avoid confusion, for example the Ministry of Justice is not the direct governing body of the document. lawyer’s office or some other type of law-related unit.

Full name in Vietnamese characters, required must be consistent with the establishment decision or business registration certificate issued by a competent authority
The full name of a business consists of two parts: the general part and the private part.

The general section provides information about the type of company such as: Limited liability company, sole proprietorship, partnership; or joint stock company.

The private section provides the company’s own name. Each company, when successfully established, has its own name and has gone through steps to avoid similar or confusingly similar cases to previously registered businesses, except for some special cases where the law provides for other determination.

Type of business or cooperative
Main lines of business (For establishments producing and trading goods and services)
Transaction address, phone number (if any)
This information is not required as not all businesses have a transaction address or telephone number. The method of contacting when registering with a state agency will not be the same as when operating a business

The phone number may be provided in another way. Or organizations and individuals have other ways to contact such as email, fax, etc.

On the signboard, it is understood that the card shows the logo symbol registered with the competent authority, note that the area must not exceed 20% of the area of ​​the signboard, and must not display advertising information and images for any owner or other body.

Company sign size

The size of the company signboard is regulated as follows:

For horizontal signs: The maximum height is two meters, note that the length does not exceed the width of the front of the house
For vertical signs: The maximum width is one meter; The maximum height is four meters, not to exceed the height of the floor where the sign is located.
In addition to these size regulations, signs must not cover the space for escape and fire fighting, and must not encroach on sidewalks and roadways, affecting public transport.

What are the regulations on hanging a signboard of a newly established company?

According to Clause 4, Article 37 of the Enterprise Law 2020, enterprise names:

“The enterprise name must be affixed at the head office, branch, representative office and business location of the enterprise. The business name must be printed or written on transaction papers, documents and publications issued by the enterprise.

In addition to the above provisions, the Law on Enterprises and related documents do not specify the method of displaying the enterprise name to attach it at the head office.

According to Article 17 of the Law on Advertising 2012, advertising means include:

1. Press.
2. Website, electronic equipment, terminal equipment and other telecommunications equipment.
3. Printed products, phonograms, video recordings and other technological equipment.
4. Billboards, banners, signboards, light boxes, specialized advertising screens.
5. Means of transport.
6. Fairs, seminars, conferences, events, exhibitions, cultural and sports programs.
7. People who convey advertising products; advertising object.
8. Other advertising means as prescribed by law.

As such, signs are generally a means of advertising.

Article 18 of the Law on Advertising 2012 stipulates the voice and writing in advertising:

“1. Advertising products must have content in Vietnamese, except for the following cases:

a) Trademarks, slogans, trademarks, proper names in foreign languages ​​or internationalized words that cannot be replaced by Vietnamese;

b) Books, newspapers, websites and other publications permitted to be published in Vietnamese ethnic minority languages ​​and foreign languages; radio and television programs in Vietnamese and foreign languages.

2. In case both Vietnamese and foreign languages ​​are used on the same advertising product, the foreign font size must not exceed three-quarters of the Vietnamese font size and must be placed below the Vietnamese word; When broadcast on radio, television or on audio-visual media, Vietnamese must be read before foreign languages.

According to the above provisions, the Law on Advertising only generalizes the form of display of signs of organizations and individuals engaged in production and business activities as an advertising method. There is no specific regulation on the signboard being the name of the business.

Regulations on cultural activities and business of public cultural services promulgated together with Decree No. 103/2009/ND-CP dated November 6, 2009 of the Government (hereinafter abbreviated as Regulations). )

Article 22 of the Regulation stipulates the following forms of signs: Writing, placing, hanging, pasting, erecting, and installing signs, hereinafter referred to as writing and placing signs, at the head office or business place of the organization, individuals in the form of signs, signs, light boxes, neon lights system (onsight) or other forms, to introduce the name and transaction address of Vietnamese organizations and individuals, organizations Foreign individuals in Vietnam are not required to apply for permission but must comply with the provisions of Article 23 of this Regulation.
Article 23 of the Regulations on aesthetics, writing, position, and content of signs:
“first. Beautiful mandarin, signboard script:

a) Signboards must ensure beauty;

b) Signboards must be written in Vietnamese characters; In case of wanting to display abbreviated names, international transaction names, names, and foreign letters, they must be written at the bottom, smaller in size than Vietnamese characters.

2. Signage location:

Signboards can only be written, placed close to the gate, or the front of the head office or business place of the organization or individual; each agency or organization may only write and place one signboard at the gate; At the head office or a place of business independent of other organizations or individuals, only one horizontal signboard and no more than two vertical signs shall be placed.

3. Contents of the signboard:

a) Name of the direct managing agency (if any);

b) The full name in Vietnamese words are consistent with the establishment decision or the business registration certificate issued by a competent authority; type of enterprise or cooperative;

d) Main business lines and fields (for goods and service production and trading establishments);

dd) Transaction address, phone number (if any);

e) On the signboard is displayed the symbol (logo) registered with the competent authority, the logo area must not exceed 20% of the signboard area, and must not display advertising information or images for any type of product. goods or services”.

What is the penalty for hanging a signboard of a newly established company?

Hanging a signboard of a newly established company in contravention of regulations shall be sanctioned for administrative violations:

Decree 155/2013/ND-CP on sanctioning of administrative violations in the field of planning and investment specified in Clauses 2 and 3, Article 32 as follows:
“2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts:

c) Failing to affix the enterprise’s name at the head office, branch or representative office of the enterprise.

3. Remedial measures: e) Forcing the enterprise’s name to be affixed at the head office, branch or representative office of the enterprise, for violations specified at Point c, Clause 2 of this Article”;

Decree 38/2021/ND-CP stipulating penalties for administrative violations in the field of culture and advertising, in Article 48 stipulating penalties for violations of regulations on signs:
“first. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) The name of the direct managing agency is not fully displayed on the signboard; the name of the production and business establishment in accordance with the business registration certificate or the enterprise registration certificate; Address Phone;

b) Using signboards of incorrect size as prescribed.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Incorrect or incompletely written name in Vietnamese on the signboard;

b) Not written in Vietnamese but only in a foreign language on the signboard;

c) Display the proper name, abbreviated name, and international transaction name in foreign words above the name in Vietnamese characters on the signboard;

d) Displaying names, abbreviations, and international transaction names in a foreign language with a font size exceeding three-quarters of the Vietnamese font size on the signboard;

dd) The height of the vertical sign exceeds the height of the floor where the sign is located.

3. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:

a) Hanging, erecting, placing, and attaching signboards to shield escape and fire fighting spaces;

b) Hanging, erecting, placing, or attaching signs encroaching on sidewalks, and roadbeds, affecting public traffic;

c) Hanging, erecting, placing, or affixing signboards, causing an unsightly appearance.

4. Remedial measures:

Forced removal of signboards for acts specified in Clauses 1, 2, and 3 of this Article.

Please see more:

• Who takes responsibility when the company evades tax in Vietnam?
• Regulations of Vietnam law in case of winning bid against regulations
• What to do in case of trademark protection title refusal in Vietnam?

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