Business name is one of the first issues to ask when wanting to establish a business. To have a truly suitable business name to serve the operating process, in addition to the desired aspect, business owners need to pay special attention to the legal regulations on how to name a business.

CSPL:  Articles 37,38,40,41 Law on Enterprises 2020

1. Regulations on naming businesses according to the Law on Enterprises 2020

In Article 37 of the Law on Enterprises 2020, the law stipulates the structure of creating a business name based on 2 elements, specifically as follows:

Enterprise name  =  Enterprise type name  +  Proper name

In that:

– Name of business type It can be written completely or abbreviated according to the following regulations:

• For limited liability companies, it can be written as: “limited liability company” or “limited company”;
• For joint stock companies, it can be written as “joint stock company” or “joint stock company”;
• For partnership companies, it can be written as “partnership company” or “HD company”;
• For private enterprises, it is written as “private enterprise”, “DNTN” or “TN enterprise”.

– Proper name must be composed of the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols.

2. Prohibitions in naming a business

Basically, the person or organization establishing a business has the right to freely choose the name of their business but must still ensure the correct structure prescribed by law. However, to avoid negative consequences, Article 38 of the Law on Enterprises 2020 lists 03 prohibited cases in naming businesses.

Case 1:

• Placing a name identical or confusing to the name of a registered enterprise is specified in Article 41 of the Law on Enterprises 2020.

“Article 41. Duplicate and confusing names

1. Duplicate name is the Vietnamese name of the enterprise requesting registration written exactly the same as the Vietnamese name of the registered enterprise.

2. Cases that are considered confusing with the name of a registered enterprise include:

a) The Vietnamese name of the enterprise requesting registration is read the same as the registered enterprise name;

b) The abbreviated name of the enterprise requesting registration is the same as the abbreviated name of the registered enterprise;

c) The name in a foreign language of the enterprise requesting registration is the same as the name in a foreign language of the registered enterprise;

d) The proper name of the enterprise requesting registration is only different from the proper name of a registered enterprise of the same type by a natural number, an ordinal number or a letter in the Vietnamese alphabet, the letters F, J, Z, W are written immediately or immediately after the proper name of that enterprise;

d) The proper name of the enterprise requesting registration is only different from the proper name of a registered enterprise of the same type by the symbol “&” or “and”, “.”, “,”, “+”, “-“, “_”;

e) The proper name of the enterprise applying for registration is only different from the proper name of a registered enterprise of the same type by the word “new” immediately before or the word “new” written right after or before the proper name of the registered enterprise;

g) The proper name of the enterprise requesting registration is only different from the proper name of a registered enterprise of the same type by the phrase “Northern”, “Southern”, “Central”, “Western”, “Eastern”;

h) The enterprise’s proper name is the same as the registered enterprise’s proper name.

The cases specified in Points d, dd, e, g and h, Clause 2 of this Article do not apply to subsidiaries of registered companies.“

Case 2:

• Using names of state agencies, people’s armed forces units, names of political organizations, socio-political organizations, socio-political-professional organizations, social organizations
• Socio-professional organizations to make all or part of the enterprise’s own name, unless approved by that agency, unit or organization.

Case 3:

• Using words and symbols that violate historical, cultural, ethical traditions and fine customs of the nation.

3. Name of branch, representative office and business location

The way to name branches, representative offices and business locations is specified in Article 40 of the Law on Enterprises 2020, accordingly:

– The structure for creating names of branches, representative offices, and business locations must include the business name accompanied by

• The phrase “Branch” for branches branch
• The phrase “Representative office” for a representative office
• The phrase “Business location” for a business location.

– Names of branches, representative offices, and business locations must be written with letters in the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols. brand name.

– Names of branches, representative offices, and business locations must be written or attached at the branch headquarters, representative offices, and business locations. The name of the branch or representative office is printed or written in smaller font size than the Vietnamese name of the enterprise on transaction papers, documents and publications issued by the branch or representative office.

4. Business name in a foreign language and abbreviated name of the business

– For a business name in a foreign language, it is a name translated from a Vietnamese name into one of the foreign languages in the Latin script. When translated into a foreign language, the business’s proper name can remain the same or be translated according to the corresponding meaning into the foreign language.

– In case the business has a name in a foreign language, the business’s name in a foreign language is Print or write in smaller font than the Vietnamese name of the enterprise at the enterprise’s headquarters, branches, representative offices, business locations or on transaction papers, documents and publications issued by the enterprise.

– The abbreviated name of the enterprise is abbreviated from the Vietnamese name or name in a foreign language.