Today, LSX Lawfirm will give you an article about: “Names of Vietnam’s branches and representative offices”, as follows:
Law on enterprises 2020
Decree No. 01/2021/ND-CP
Naming principles for Vietnam’s branches, representative offices
Firstly, the name of a branch, representative office or business location shall consist of letters in the Vietnamese alphabet; the letters F, J, Z, W, numbers and symbols.
Secondly, the name of a branch; representative office or business location shall consist the enterprise’s name and the phrase “Chi nhánh”; “Văn phòng đại diện” or “Địa điểm kinh doanh” respectively.
Thirdly, the name of a branch, representative office or business location displayed at the branch; representative office or business location. The name of an enterprise’s branch or representative office be smaller than the Vietnamese name of the enterprise on the transaction documents; records and printed materials issued by the branch or representative office.
- Apart from the Vietnamese name, the enterprise’s branch; representative office or business location may register a name in foreign language and an abbreviated name. The foreign language name that the name translated from the Vietnamese name into one of the Latin-based languages.
- The abbreviated name may be abbreviation of either Vietnamese name or foreign language name.
- The phrase “công ty” or “doanh nghiệp” must not use as part of the proper name of the enterprise’s branch, representative office or business location.
- When a wholly state-owned enterprise converted into a financially dependent unit after restructuring; its existing name before restructuring may be retained.
Registration of enterprise’s name in Vietnam
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.
Business Registration Offices 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.
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 it does not require to change such names.
Enterprises whose names coincide or are confused with each other are recommended to negotiate about changing their names.
You can also refer to the actions against enterprises’ names infringing upon industrial property rights or information about enterprise registration and State management of enterprise registration and register of enterprise’s name in Vietnam.
Related questions about Names of Vietnam’s branches and representative offices
Representative offices do not have business functions and activities of production and services, so they do not have to issue and use invoices.
Representative offices are only allowed to conduct market research, brand advertising, display and introduction of their goods. Any business activities that bring profits to a representative office violates the regulations for a representative office and may result in loss of its operating license.
The law specifically stipulates that a foreign trader may not establish more than one representative office or branch with the same name within a province or centrally run city. And there is no mandatory regulation on the number of representative offices of foreign enterprises. Therefore, your business can comfortably set up its office in many locations and regions across the country.
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