Subjects who are allowed to use the same name as the registered enterprise name

Choosing a company name and business name is one of the important issues when establishing a business. According to the provisions of the Law on Enterprises of Vietnam, business names also have their own provisions to comply with, one of which is the regulation on names that are identical and confusing according to the law on enterprises. However, not everyone knows the legal provisions on the name of the business. Faro Vietnam will accompany you, guide and advise you to solve these difficulties in the following article

1. In what cases can I continue to use the same name as the registered business name?

According to Article 18 of Decree 01/2021/ND-CP, naming enterprises is as follows:

- The founder of an enterprise or an enterprise must not register an enterprise name that is identical or confusingly similar to the name of another enterprise already registered in the National Database of Business Registration on a national scale, except for the enterprise has been dissolved or there has been an effective court decision declaring the enterprise bankrupt.

- The Business Registration Office has the right to approve or reject the proposed name of the enterprise in accordance with the provisions of law. In order to avoid the business name being duplicated, mistaken and violated the regulations on naming enterprises, the opinion of the Business Registration Office is the final decision. In case of disagreement with the decision of the Business Registration Office, the enterprise may initiate a lawsuit in accordance with the law on administrative procedures.

- Enterprises operating under an Investment License or an Investment Certificate (also a Business Registration Certificate) or an equivalent legal document issued before July 1, 2015 may continue. use the registered business name and it is not required to register to change the name of the enterprise in case the name is identical or confusing to the registered business name in the National Business Registration Database.

- To encourage and create favorable conditions for enterprises with the same and confusing names to negotiate among themselves to register for business name change.
 

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Thus, according to the above provisions, an enterprise operating under an Investment License or an Investment Certificate (also a Business Registration Certificate) or an equivalent legal document issued before July 1, 2015 is allowed to continue using the registered business name and is not required to register to change the business name in case the name is identical or confusing to the registered business name in the database. country on business registration.

2. What is considered to be a confusing name?

Pursuant to Article 41 of the Enterprise Law 2020 stipulates that names that are identical and cause confusion are as follows: First, duplicate name is the Vietnamese name of the enterprise applying for registration written exactly the same as the Vietnamese name of the registered enterprise. Secondly, cases that are considered to be confusing names with registered enterprises' names include:

• The Vietnamese name of the enterprise applying for registration must be read like the name of the registered enterprise;
• The abbreviated name of the enterprise applying for registration is the same as the abbreviated name of the registered enterprise
• The name in a foreign language of the enterprise applying for registration is the same as the name in a foreign language of the registered enterprise;
• The proper name of the enterprise requested for registration is only different from the proper name of an enterprise of the same type already registered by a natural number, an ordinal number or a letter in the Vietnamese alphabet, letters F, J, Z , W is written immediately or spaced after the enterprise's proper name;
• The proper name of the enterprise applying for registration is only different from the proper name of the registered enterprise of the same type by a symbol "&" or "and", ".", ",", "+", "-" , "_";
• The proper name of the enterprise applying for registration is only different from the proper name of an enterprise of the same type already registered by the word "tan" immediately before or the word "new" written immediately or immediately after or before the proper name of the registered enterprise. register;
• The proper name of the enterprise requested for registration is only different from the proper name of an enterprise of the same type already registered by a phrase "North", "South", "Central", "Western", "Eastern". ";

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3. Some notes on business naming

Enterprises operating under an Investment License or an Investment Certificate with names that are identical or confusingly similar to those of enterprises registered in the National Enterprise Registration Database are not obligated to change their names. However, the State consistently encourages and facilitates businesses with such names to engage in negotiations and discussions to voluntarily change their business names or add geographical identifiers to distinguish themselves more conveniently and improve business name clarity.

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