Today, LSX Lawfirm will give you an article about: “Things to know about registering of enterprise’s name in Vietnam”, as follows:
Legal grounds
Law on enterprises 2020
Decree No. 01/2021/ND-CP
What means of enterprise registration?
Accordingly, Enterprise registration means that the enterprise founder; or an authorized person sends the enterprise establishment dossier as prescribed in this Law to the business registration agency.
Then, the business registration agency is responsible for reviewing the validity of the application. If valid, an enterprise registration certificate issued.
In fact, we often call enterprise registration with other names such as: Business registration, business establishment or company establishment.
Registration of enterprise’s name in Vietnam
Firstly
The enterprise or its founder shall not use a name already used by another enterprise or easily confused with another enterprise’s name already registered on the National Enterprise Registration Database; except for the names of enterprises dissolved or declared bankrupt by the Court.
Secondly
Business Registration Offices are entitled to accept or reject the names selected by enterprises as prescribed by law. In order to avoid the use of used or confusing names; or commission of violations against regulations on naming of enterprises, the Business Registration Office’s decision will be final.
If disagreeing with the decision given by the Business Registration Office; the enterprise may file a lawsuit in accordance with regulations of the Law on administrative procedures.
Thirdly
Enterprises that are operating under their investment licenses or investment certificates (also business registration certificates) ; or another document of equivalent validity issued before July 01, 2015; and whose name the same as or confused with other enterprises’ names registered on the National Enterprise Registration Database may continue using their registered name and are not required to change such names.
Finally
Enterprises whose names coincide or are confused with each other are recommended to negotiate about changing their names.
You can also refer to the article related to Tasks and powers of Vietnam’district-level business registration authorities, Tasks and powers of Business Registration Offices to know more about information about enterprise registration and State management of enterprise registration.
Rights to establish enterprises and obligations to apply for enterprise registration in Vietnam
Firstly, establishing enterprises is the right of every entity. This right protected. In addition, the enterprise’s founder or the enterprise has to fully and promptly fulfill the obligation to apply for enterprise registration; disclose information about establishment and operation of the enterprise in accordance with regulations of the law.
Secondly, business registration authorities and other agencies prohibited to harass applicants while receiving and processing applications for enterprise registration.
Thirdly, Ministries, ministerial agencies; People’s Councils and People’s Committees at all levels that it did not permit to promulgate their own regulations on enterprise registration. Regulations on enterprise registration promulgated by Ministries, ministerial agencies; People’s Councils and People’s Committees at all levels that are contrary to regulations.
Related questions
If disagreeing with the decision given by the Business Registration Office, the enterprise may file a lawsuit in accordance with regulations of the Law on administrative procedures.
When enterprises have dissolved or have had effective decisions of the Court declaring the enterprises bankrupt. Enterprises that are operating under their investment licenses or investment certificates (also business registration certificates) or another document of equivalent validity issued before July 01, 2015 and whose name are the same as or confused with other enterprises’ names registered on the National Enterprise Registration Database may continue using their registered name and are not required to change such names.
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