May a Cooperative Use the Name of a Political-Social Organization as Its Proper Name?

1. May a cooperative use the name of a political-social organization for its name?

No, except with the approval of that organization. Under Point c, Clause 5, Article 50 of the 2023 Law on Cooperatives (No. 17/2023/QH15, effective from 01/7/2024), the proper name of a cooperative or cooperative union must not use the name of a state agency, a people’s armed forces unit, a political organization, a political-social organization, a political-social-professional organization, or a social-professional organization as the whole or part of the proper name, except with the approval of that agency, unit, or organization.

Thus, if a cooperative wishes to use the name of a political-social organization (for example: the Farmers’ Union, Women’s Union, Youth Union, Trade Union, Veterans’ Association, etc.) as its proper name, it must obtain a written approval from that political-social organization before registration.

2. What must the proper name of a cooperative not violate?

Under Clause 5, Article 50 of the 2023 Law on Cooperatives, the proper name of a cooperative or cooperative union must not violate the following:

a) Being identical to or causing confusion with the name of an already-registered cooperative or cooperative union nationwide;

b) Infringing industrial property rights to the trade names, trademarks, or geographical indications of other organizations or individuals under intellectual property law;

c) Using the name of a state agency, a people’s armed forces unit, a political organization, a political-social organization, a political-social-professional organization, or a social-professional organization as the whole or part of the proper name, except with the approval of that agency, unit, or organization;

d) Using words or symbols violating the historical traditions, culture, ethics, and fine customs of the nation.

3. How is the name structure of a cooperative regulated?

Under Clause 1, Article 50 of the 2023 Law on Cooperatives, the name of a cooperative or cooperative union is composed of two elements: the collective economic organization type (“hợp tác xã” — “cooperative”, “liên hiệp hợp tác xã” — “cooperative union”) and the proper name. The name of a cooperative, cooperative union, branch, or representative office must be registered at the business registration agency (Clause 6, Article 50).

Legal update notes

The 2012 Law on Cooperatives expired on 01/7/2024 and was replaced by the 2023 Law on Cooperatives (No. 17/2023/QH15). The rules on naming cooperatives in Decree 193/2013/ND-CP (guiding the 2012 Law) are no longer applied; naming is now carried out under Article 50 of the 2023 Law on Cooperatives and the instruments guiding its implementation.

Notes on applying current legal provisions

This article provides an overview of legal information under current regulations. Legal provisions may change depending on timing, locality, and specific circumstances. Where it is necessary to determine precisely the legal basis applicable to your dossier, please contact ANT Legal’s lawyers at 0966.475.966 for verification and advice before proceeding.

Common risks to note

– Naming identically to or causing confusion with an already-registered cooperative nationwide.

– Using a political-social organization’s name without its written approval.

– Misapplying expired legal instruments (2012 Law on Cooperatives, Decree 193/2013/ND-CP).

– Naming that infringes protected trademarks or trade names of other organizations or individuals.

How can ANT Legal help?

ANT Legal assists in reviewing specific situations, checking dossiers, determining the applicable legal basis, advising on handling options, and representing you in working with individuals, organizations, or competent authorities when necessary. For prompt advice, please contact our lawyers at 0966.475.966.