Enterprise’s name is one of the characteristics that help clients and customers distinguish one business from another. As a consequence, the name is always of top interest to businesses. Changing the enterprise’s name, changing the brand is one of the needs to change the business registration content commonly seen by Vietnamese enterprises in the current period. In order to make enterprises more convenient and quick in the procedure of changing the enterprise’s name, Hong Bang Law Firm would like to give advice and service of procedures to change the enterprise’s name as follows:

Legal basis

• Vietnam’s law on enterprises 2020;
• Decree No. 01/2021/ND-CP on enterprise registration;
• Circular No. 01/2021/TT-BKHDT guidance on enterprise registration;

Notice when naming a enterprise

Regulations on enterprise naming:

The Vietnamese name of an enterprise shall contain two elements in order:

• The type of enterprise;
• The proper name: shall consist of letters in the Vietnamese alphabet, the letters F, J, Z, W, numbers and symbols.

Prohibited acts of naming enterprises

• Use of any name that is identical or confusingly similar to another enterprise’s name;
• Use of the name of a state authority, the People’s military unit, political organization, socio-political organization, socio-political-professional organization, social organization, social-professional organization as part or all of an enterprise’s name, unless it is accepted by that authority, unit or organization;
• Use of words or symbols that against the country’s history, culture, ethical values and good traditions.

How is it considered the same name, the name makes confusing:

The founder of enterprise may not name the enterprise that coincides with or confuses with the name of another enterprise registered in the National Database on Business Registration nationwide, except for enterprises that have dissolved or have taken into effect by the Court declaring the enterprise bankrupt. The following cases are considered confusing with the names of registered businesses:

• The Vietnamese name of the applying enterprise is pronounced similarly to a registered enterprise’s name;
• The abbreviated name of the applying enterprise is identical to the abbreviated name of a registered enterprise;
• The foreign language name of the applying enterprise is identical to the foreign language name of a registered enterprise;
• The proper name of the applying enterprise is only different from the proper name of a registered enterprise by a natural number or a letter in the Vietnamese alphabet or any of the letters F, J, Z, W that is written right after the proper name with or without a space;
• The proper name of the applying enterprise is only different from the proper name of an registered enterprise of the same type by the word “và” (“and”) or the symbol “&”, ”, “.”, “,”, “+”, “-”, “_”;
• The proper name of the applying enterprise is only different from the proper name of an registered enterprise of the same type by the word “tân” or “mới” (“new”) that is written right before or after the proper name;
• The proper name of the applying enterprise is only different from the proper name of an registered enterprise of one of the phrases “miền Bắc” (“north”), “miền Nam” (“south”), “miền Trung” (“central”), “miền Tây” (“west”), “miền Đông” (“east”);
• The proper name of the applying enterprise is identical to that of a registered enterprise.

Dossiers and procedures

Dossier:

• A notification of changes to enterprise registration information which is signed by the enterprise’s legal representative (Appendix II-1 of Circular No. 01/2021/TT-BKHDT);
• The resolution or decision of the owner of the single-member limited liability company, the resolution or decision and the copy of the minutes of meeting of the Board of Members of the multi-member limited liability company or partnership, or of the General Meeting of Shareholders of the joint-stock company on change of the enterprise’s name.
• Authorization letter to submit an application and receive the results of changing the company name

Implementation steps

Step 1: Check the usability of the new company name that is expected to change.

Step 2: Submit the application and fee for changing the company name at the Business Registration Office where the company is headquartered.

Step 3. Get the results after 3 days of application.

Step 4. Carry out the procedure of re-carving the seal by the newly changed name.

Services of Hong Bang Law Firm

• Advise on the appropriate type of business for clients;
• Draft, prepare and check the validity of the dossier;
• Work with state authorities;
• On behalf of the customer to receive the results;
• Hand over the results to the customer.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!

Hong Bang Law Firm./.