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Is the business name legal, not duplicated or confused?

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NAMMING REGULATIONS FOR ENTERPRISES - COMPANIES

WELCOME CUSTOMERS

How to name a business/company in accordance with the law? How to name a business/company name so it doesn't overlap? How to set a suitable business/company name?

Here we will answer questions and give legal opinions on questions about business names/company names as follows:

BUSINESS - COMPANY NAME IS COMPOSED OF TWO ELEMENTS

According to the provisions of Article 37 of the Enterprise Law 2020, Enterprise Name - Company is composed of the following 2 elements:

Enterprise / Company Name: TYPE OF ENTERPRISE / COMPANY + OWN NAME.

Specifically:

  • The type of business/company is written as “limited liability company” or “limited liability company” for limited liability companies; written as “joint stock company” or “joint stock company” for joint stock companies; written as “partnership company” or “HD company” for a partnership company; written as “private enterprise”, “DNTN” or “private enterprise” for private enterprises.
  • Proper names are written with letters in the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols.

PROhibitions and misunderstandings when naming
ENTERPRISE - COMPANY

Pursuant to the Regulations in Articles 38 and 41 of the Enterprise Law 2020 and Article 18 of Decree 01/2021 Guidance on the implementation of the Enterprise Law 2020.

Prohibitions when naming a business/company name:

  • Putting a name that is identical or confusing to the name of a registered enterprise.
  • 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 organization to make all or part of the enterprise's own name, unless approved by that agency, unit or organization.
  • Using words and symbols that violate the nation's historical, cultural, ethical and fine traditions.

Business/company name causing confusion or duplicate name:

  • Duplicate name is the Vietnamese name of the enterprise requesting registration written exactly the same as the Vietnamese name of the registered enterprise.
  • The Vietnamese name of the enterprise requesting registration is read the same as the registered enterprise name.
  • The abbreviated name of the enterprise requesting registration is the same as the abbreviated name of the registered enterprise.
  • 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.
  • 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, letters F, J , Z, W are written immediately or immediately after the proper name of that business.
  • 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", ".", ",", "+", " -", “_”.
  • 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 word "new" immediately before or the word "new" written right after or before the proper name of the enterprise. registered business.
  • 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", " East".
  • The business's proper name is the same as the registered business's proper name.

Reference example: ABC TRANSPORT COMPANY LIMITED

Business name / Company name can be set according to the above example as follows:

  • ABC TRANSPORTATION SERVICES COMPANY LIMITED.
  • ABC TRANSPORTATION TRADING COMPANY LIMITED.
  • ABC CARGO TRANSPORTATION COMPANY LIMITED.
  • ABC SAIGON TRANSPORT COMPANY LIMITED.

Business name / Company name may cause confusion or overlap as follows:

  • ABC TRANSPORT COMPANY LIMITED, SOUTHERN, CENTRAL, NORTHERN, WEST.
  • NEW ABC TRANSPORT COMPANY LIMITED.
  • ABC TRANSPORTATION COMPANY LIMITED.
  • ABC & TRANSPORT COMPANY LIMITED.

 

Services and reference articles:

>>> Business registration service

>>> Business establishment process

>>> Notes when establishing a business

 

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ADMIN HTLAW
2024-03-04 09:58:36

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