Chương III Nghị định 88/2006/NĐ-CP: Tên doanh nghiệp

Chapter III

NAME OF ENTERPRISE

Article 10.- Name of enterprise

1. An enterprise name must be written in Vietnamese, pronounceable and may include numbers and signs and comprises the following two elements:

a/ First element: Type of enterprise, including: limited liability company, in which the phrase limited liability (trach nhiem huu han) can be abbreviated to ‘TNHH’; joint-stock company, in which the word joint-stock (co phan) can be abbreviated to ‘CP’; partnership company, in which the word partnership (hop danh) can be abbreviated to ‘HD’; private enterprise, in which the word private (tu nhan) can be abbreviated to ‘TN’.

b/ Second element: Name of enterprise;

Particularly for foreign-invested enterprises, they can use their registered foreign name as part or the whole of the name of enterprise.

2. An enterprise can use its business line, investment form and other auxiliary elements to form its name, provided that the enterprise has registered that business line or invested in that form. When no longer having the business line or making investment in the form that is used in its name, the enterprise shall have to register a change in its name.

3. If the name of an enterprise comprises elements describing the origin of quality of goods or services, it must be certified by a state management agency.

Article 11.- Prohibitions in enterprise naming

1. An enterprise shall not be allowed to have a name which is identical or confusingly similar to that of another enterprise which has been registered within the same province or centrally run city. This provision shall not cover enterprises whose business registration certificates have been revoked.

2. Names of state agencies, people’s armed force units, political or socio-political organizations cannot be used to form part or the whole of the name of an enterprise, unless it is permitted by such agencies, units or organizations.

3. Words and signs in violation of historical and cultural traditions, morality, and fine customs of the nation and great people’s names cannot be used to form the name of an enterprise.

4. An enterprise shall not be allowed to use the trade name already registered for protection by another organization and an individual to form part or the whole of its name unless it is approved by the owner of this trade name. Enterprises themselves shall bear responsibility before law if they violate this provision. In case the name of an enterprise is against legal provisions on intellectual property rights protection for trade names, this violating enterprise shall have to register for changing the name.

Article 12.- Identical names and confusingly similar names

1. Having an identical name is the case where the name of the enterprise applying for registration is written and read in exactly the same way as the name of a registered enterprise.

2. In the following cases, an enterprise name shall be considered confusingly similar to that of another enterprise.

a/ The name in Vietnamese of the enterprise applying for registration is read in the same way as the name of a registered enterprise;

b/ The name in Vietnamese of the enterprise applying for registration differs from the name of a registered enterprise only in the symbol ‘&’; the dash ‘-‘ and the word ‘and’;

c/ The abbreviated name of the enterprise applying for registration is identical to that of a registered enterprise;

d/ The name in a foreign language of the enterprise applying for registration is identical to the name in that foreign language of a registered enterprise;

e/ The name of the enterprise applying for registration differs from the name of a registered enterprise in one or several cardinal number(s), ordinal number(s), or one or several Vietnamese letter(s) (A, B, C,...) which stand(s) right after the enterprise name, unless the enterprise applying for registration is a subsidiary of the registered enterprise;

f/ The name of the enterprise applying for registration differs from the name of a registered enterprise in the word “tan” (new) standing in front of or “moi” (new) after the name of a registered enterprise;

g/ The name of the enterprise applying for registration differs from the name of a registered enterprise only in the words meaning Northern, Southern, Central, Western, Eastern or equivalent words, unless the enterprise applying for registration is a subsidiary of the registered enterprise;

h/ The name of the enterprise is identical to that of a registered enterprise.

Article 13.- Other issues related to enterprise naming

1. Enterprises with identical or confusingly similar names as stipulated Article 12 of this Decree which were registered before this Decree takes effect shall not be required to change their names. Enterprises with identical and confusingly similar names shall be encouraged and facilitated to negotiate with one another and register to change their names.

2. Pursuant to the provisions of Articles 31, 32, 33 and 34 of the Enterprise Law and the provisions of this Chapter, business registries shall have the right to reject proposed enterprise names and their decisions shall be the final ones.

3. Before registering a name, enterprises should refer to the names of all companies currently in operation in the archive of the business registration offices in the provinces where they intend to base their headquarters.