Prohibitions when naming a company or a business name. The naming of a business is not arbitrary but must comply with the provisions of the law. LSX Lawfirm will provide prohibitions when naming a company or a business name in Viet Nam.
Legal grounds
Enterprise Law 2020
Decree 01/2021/ND-CP
How to name a business?
Currently, according to the provisions of the Enterprise Law 2020 , business names include Vietnamese name, business name in foreign languages (if any) and abbreviated names.
The Vietnamese name of the enterprise consists of two elements
– Type of business : The name of the business type as “ limited liability company ” or “LLC company ” for limited liability companies; “joint stock company” or “JSC company” in the case of a joint stock company; written as “partnership” or “HD company ” in the case of a partnership; “ private enterprise ”, for private enterprises;
– Proper name : A proper name with the letters of the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols.
Business name in foreign language
The name translated from the Vietnamese name into one of the foreign languages in the Latin script. When translating into a foreign language, the enterprise’s proper name may remain the same or translated in the corresponding sense into the foreign language.
Abbreviated name of the business
Abbreviated names are abbreviated from Vietnamese names; or names written in foreign languages
Apart from these provisions, as set name for your business, businesses also need to comply with the provisions of other laws related, does not violate the prohibitions; that the Enterprise Law 2020 and Decree 01/2021 / ND-CP regulations determined.
Prohibitions in business naming
In order to ensure a fair competitive business environment, the law has stipulated a number of prohibitions in naming businesses as follows:
Firstly, prohibition for the same or confusing names
Naming the same or confusingly with the name of an enterprise registered in the National Database of Business Registration is prohibited; except for dissolved enterprises or have had an effective decision of the Government. The court declared the enterprise bankrupt; (Clause 1, Article 38 of the Law on Enterprises 2021 and Clause 1, Article 18 of Decree No. 01/2021/ND-CP )
Secondly, prohibition for the names of the following agencies and organizations
It is prohibition to use names of state agencies, people’s armed forces units, names of political organizations, socio-political organizations, socio-political-professional organizations, social organizations, and social organizations. association – profession to do all or part of the proper name of the enterprise; unless approved by that agency, unit or organization.
Thirdly, it is prohibition to use words and signs that violate the historical, cultural, ethical and fine traditions of the nation
This is a taboo when naming a company. Not only breaking the law, but also finding it difficult to “win” the market when the company’s name violates the historical, cultural, ethical or fine traditions of the nation.
Fourthly, do not use trade names, trademarks, geographical indications of other organizations or individuals
A protected trade name, trademark or geographical indication may not be used to form the proper name of an enterprise, unless approved by the owner of the trade name; trademark or geographical indication. Before registering a business name, who founded the enterprise or enterprises can refer to trademarks; geographical indications registered and stored in databases on trademarks and geographical indications of State management agency in charge of industrial property; (Clause 1, Article 17 of Decree 01/2021/ND-CP).
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Related questions
Accordingly, the applicant must pay VND 100,000 to register a JSC directly; or free if they apply virtually.
Yes, they can. The procedure for converting a JSC to an LLC will be similar to this procedure.
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