A proper business name not only helps clients easily remember but also reflects the business sector, core values, and development orientation of an organization. So, what are the current legal provisions on naming economic organizations? NPLaw provides an overview of the applicable regulations, enabling economic organizations to clearly understand the principles, requirements, and main considerations when choosing a name, thereby ensuring compliance with the law and establishing a solid foundation for sustainable growth.

I. Overview of naming economic organizations

Pursuant to the Law on Enterprises 2020, each enterprise must have a full Vietnamese name comprising two elements: the type of enterprise and its distinctive name. The enterprise name must be displayed prominently at the head office and branches, and appear on transactional documents, records, and publications.

Enterprises may also register an abbreviated name or a foreign-language name (translated from the Vietnamese name into a Latin-based language), but such names must be written in smaller font than the Vietnamese name.

The law strictly prohibits the use of names identical to or confusingly similar to already registered enterprises, as well as names borrowing from State authorities, socio-political organizations, or words offensive to morality and cultural traditions. These rules ensure not only legal compliance but also support enterprises in establishing a professional and transparent brand image with clients and partners.

II. Legal provisions on naming economic organizations

1. Definition of naming economic organizations

Naming an economic organization means selecting an official designation, including both the type of enterprise and its distinctive element, to be used in business and legal activities under statutory requirements. Such a name must be clear, valid, non-duplicative, and must not unlawfully appropriate the names of certain entities or words. It ensures legality, distinctiveness, and transparency for the enterprise.

2. Main considerations in naming economic organizations

To ensure that the name of the enterprise complies with legal regulations and is not identical or cause confusion with the name of another enterprise, when establishing an economic organization, it is necessary to note the following important conditions according to the Law on Enterprise 2020:

2.1 Mandatory structure of enterprise names (Article 37, Law on Enterprise 2020)

An enterprise name must consist of two parts in sequence:

  • The type of enterprise (mandatory element, indicating its legal form):
    + “Công ty trách nhiệm hữu hạn” or “Công ty TNHH” – for limited liability companies.
    + “Công ty cổ phần” or “Công ty CP” – for joint-stock companies.
    + “Công ty hợp danh” or “Công ty HD” – for partnerships.
    + “Doanh nghiệp tư nhân”, “DNTN” or “Doanh nghiệp TN” – for private enterprises.
  • The distinctive name: It is freely chosen by the enterprise, which may include Vietnamese alphabet letters, the letters F, J, Z, W, numbers, and symbols.

2.2 Mandatory display and use of enterprise names (Articles 23, 28, and 37, Law on Enterprise 2020)

Enterprise names must be displayed at: the head office, branches, representative offices, and business locations.

In addition, the name must appear in:

  • The application for enterprise registration,
  • The Enterprise Registration Certificate,
  • All transactional documents, records, and publications issued by the enterprise.

2.3 Foreign-language names in latin script

Article 39 of the Law on Enterprise 2020 provides:

  • Enterprises may translate their Vietnamese name into a foreign language using the Latin alphabet (such as English or French).
  • The distinctive part may remain unchanged or be translated.
  • The foreign-language name must appear in smaller font than the Vietnamese name on signboards, records, and documents.

Note: The law prohibits the use of non-Latin scripts (e.g., Chinese characters, Kana, Arabic) for enterprise names.

2.4 Abbreviated names derived from registered names

Enterprises may adopt abbreviated names, but such names must be derived from the registered Vietnamese or foreign-language name (Article 39, Law on Enterprise 2020).

2.5 Prohibited acts in naming enterprises (Articles 38 and 41, Law on Enterprise 2020)

  • Not using names identical to the Vietnamese name of another registered enterprise.

  • Not causing confusion, including:
    + Vietnamese name pronounced similarly to an existing enterprise.
    + Abbreviated or foreign-language name identical to another enterprise.
    + Distinctive names differ by only one letter, number, or symbol (F, J, Z, W, “&”, “.”, “+”, “-”, etc.).
    + Adding terms such as “tân”, “mới”, or regional identifiers like “miền Bắc”, “miền Trung” in distinctive names.
    + Distinctive names identical to another enterprise of the same type.

  • Using the names of State authorities, political organizations, or armed forces as distinctive names, unless written approval is obtained.
  • Employing words or symbols offensive to culture, history, ethics, or traditions.

2.6 Names of branches, representative offices, and business locations (Article 40, Law on Enterprises 2020)

  • Such names must be written in Vietnamese letters, and may also use F, J, Z, W, numbers, and symbols.
  • Each must include:
    + The full name of the enterprise, and
    + The phrase “Chi nhánh”, “Văn phòng đại diện”, or “Địa điểm kinh doanh” as appropriate.

Thus, when choosing names, economic organizations must comply fully with the Law on Enterprise 2020, covering structure, presentation, language, and prohibitions. A lawful and appropriate name facilitates legal procedures, strengthens market presence, and mitigates unnecessary legal risks.

3. Is registration of enterprise names required?

Enterprise names are a mandatory element of the enterprise registration dossier and are expressly stated in the Enterprise Registration Certificate. It is the official name used in all administrative and commercial transactions. 

Accordingly, registering the enterprise name is not merely procedural but constitutes a crucial legal basis for recognition and lawful operation in the market. It enhances reputation, prevents disputes over naming rights, and safeguard the enterprise’s interests throughout its operation.

III. Questions on naming economic organizations

1. May an enterprise name be identical to that of another organization?

Under Article 18 of Decree No. 01/2021/ND-CP, enterprises are prohibited from using names identical to or confusingly similar to those of existing enterprises registered in the National Enterprise Registration Database. This nationwide rule ensures transparency and prevents operational risks.

Exception: An enterprise may register a name identical to that of another enterprise dissolved or declared bankrupt by a legally effective court judgment.

Law also encourages enterprises with identical or confusing names to negotiate voluntarily on name changes to facilitate mutual operations.

2. May an enterprise name include a personal name?

Article 18 of Decree No. 01/2021/ND-CP allows economic organizations such as companies or cooperatives to use personal names, e.g., “Nguyen Van A Co., Ltd.” However, it must not infringe upon another person’s industrial property rights.

If a personal name coincides with a protected trade name, trademark, or geographical indication of another party, it may not be used without the written consent of the rights holder. Enterprises should therefore conduct thorough checks before registration to avoid rejection.

3. How to ensure that an enterprise name does not infringe intellectual property rights?

To avoid intellectual property infringements, enterprises should:

  • Conduct a name search in the National Enterprise Registration Database to avoid duplication nationwide.
  • Verify intellectual property rights via the Intellectual Property Office’s databases (e.g., trademark and geographical indication library – IP LIB).
  • Obtain written consent where personal names or protected names are used.
  • Register the enterprise name as a trademark to reinforce brand protection.
  • Regularly monitor updates: It is necessary to actively monitor and update information related to business names. Accordingly, if an infringement is determined, competent authorities may request a name change within 2 months. Failure to comply results in sanctions under Decree No. 01/2021/ND-CP.

4. Is it necessary to change the enterprise name upon a change of business lines?

A change of business lines does not mandate renaming, unless the existing name misleads stakeholders about the new field of activity or violates legal provisions. If the name remains appropriate and compliant, it can be retained. Otherwise, enterprises must proceed with name-change procedures as required.

5. How to resolve disputes over enterprise names?

When disputes over enterprise names arise, holders can apply the following measures:

  • Negotiation and reconciliation: Parties should first attempt mutual agreement, e.g., adding a geographical identifier to distinguish names.
  • Administrative remedies:
    + The intellectual property rights holder may petition the Business Registration Office to order a name change.
    + Within 10 working days, if valid, the Office issues a Notice requiring the enterprise to change its name.
    + Enterprises have 2 months from the notice date to complete the change as requested.
    + Non-compliance may result in administrative sanctions, compulsory renaming, or revocation of the Enterprise Registration Certificate.
  • Litigation:
    + Rights holders may initiate civil, administrative, or criminal proceedings (e.g., under Article 226 of the Penal Code).
    + Measures may include cessation of infringement, apology, correction, or compensation for damages.
    + For intellectual property disputes, petitions may be filed with the Intellectual Property Office or market management authorities.

In summary, enterprise name disputes may be addressed through negotiation, administrative intervention, or litigation depending on severity and the parties’ responses.

IV. Legal advisory services on naming economic organizations

The foregoing are key legal issues on naming economic organizations presented by NPLaw. Should you require further clarification or assistance, please contact NPLaw directly.