Guidelines for Naming a Business in Compliance with the Law

Naming a business is a mandatory step when establishing a company. It is not only a creative process but also a careful procedure that requires strategic thinking, market analysis, and legal verification. In this article, Long Phan will guide you on how to name your business in compliance with the law.

Naming a business according to current regulations

The Importance of a Business Name

A business name is not just a word or phrase; it is a crucial part of a company’s branding and business strategy. It affects both the success and reputation of the business in the market. Here are some key points about the importance of a business name:

• Brand Recognition: As a part of the brand, it helps customers recognize and remember the business.
• Reflects Core Values: It reflects the core values and business principles of the company. It can convey the company’s mission, goals, and commitment to customers and the community.
• Legal Protection: A unique and non-repetitive business name can be legally protected, ensuring that no one else can use that name in business.

Thus, a business name plays a very important role. It provides the first impression to customers, helps the business position itself, and differentiates it from other businesses

How to Name a Business in Compliance with the Law

Naming a Business in Vietnamese

According to Article 37 of the Law on Enterprises 2020, the Vietnamese name of a business consists of two components in the following order: Business type + Company name.

The business type is written as follows:

• “Công ty trách nhiệm hữu hạn” or “công ty TNHH” for a limited liability company.
• “Công ty cổ phần” or “công ty CP” for a joint-stock company.
• “Công ty hợp danh” or “công ty HD” for a partnership company.
• “Doanh nghiệp tư nhân”, “DNTN”, or “doanh nghiệp TN” for a sole proprietorship.

The company name should be written using letters from the Vietnamese alphabet, including F, J, Z, W, numbers, and symbols.

Thus, the business name must be written in Vietnamese. Foreign language names are translated from the Vietnamese name into one of the Latin script languages.

Naming a Business in Foreign Languages

Naming a business in a foreign language not only creates a professional and modern impression but also helps attract the attention of international customers. When naming a business in a foreign language, the following regulations must be observed:

• The foreign language name must be a translation of the Vietnamese name into one of the Latin script languages. When translating into a foreign language, the company name may be kept as is or translated to the corresponding meaning in the foreign language.
• The foreign language name of the business must not duplicate the foreign language name of an already registered business.

Examples:

• Hoa Hong Company Limited;
• Rose Company Limited;
• Hoa Hong Corporation; Hoa Hong Joint Stock Company;
• Rose Corporation; Rose Joint Stock Company;
• Hoa Hong Private Enterprise;
• Hoa Hong Partnerships;

Based on the content of Clause 1, Clause 2, Article 39 of the Law on Enterprises 2020.

The importance of a business name

Abbreviated Name of the Business

When creating an abbreviated name for a business, certain principles must be followed to ensure it is memorable, recognizable, and consistent with the full company name. The regulations regarding abbreviated names are as follows:

• The abbreviated name of the business can be derived from either the Vietnamese name or the foreign language name.
• The abbreviated name of the business must not duplicate the abbreviated name of an already registered business.

This is based on Clause 3, Article 39 of the Law on Enterprises 2020.

Branch, Representative Office, and Business Location Names

The naming of branches, representative offices, and business locations is regulated by Article 40 of the Law on Enterprises 2020 as follows:

• The name of a branch, representative office, or business location must be written using letters from the Vietnamese alphabet, including F, J, Z, W, numbers, and symbols.
• The name must include the company name along with the term “Chi nhánh” (Branch) for branches, “Văn phòng đại diện” (Representative Office) for representative offices, and “Địa điểm kinh doanh” (Business Location) for business locations.
• The name of the branch, representative office, or business location must be displayed or affixed at the branch, representative office, or business location. The name of the branch or representative office should be printed or written in a smaller font size compared to the Vietnamese name of the company on all transaction documents, files, and publications issued by the branch or representative office.

Prohibited Naming Practices for Businesses

Choosing a business name is crucial for the company as it seeks a name that is appealing, memorable, and unique. However, businesses must ensure that their chosen names do not violate the legal prohibitions as outlined below:

• The name must not be identical or confusingly similar to the name of an already registered business, as specified in Article 41 of the Law on Enterprises 2020
• The name must not use names of state agencies, armed forces units, political organizations, socio-political organizations, socio-professional organizations, social organizations, or socio-professional organizations, either in whole or in part, without approval from the relevant agency, unit, or organization.
• The name must not include words or symbols that violate historical, cultural, moral traditions, or customs of the nation.

This is based on Article 38 of the Law on Enterprises 2020.

Guide to Checking Business Names

Method 1: Check Business Name on the National Business Registration Portal

1. Access the National Business Registration Portal homepage at https://dangkykinhdoanh.gov.vn/vn/Pages/Trangchu.aspx.
2. Enter the business name you want to search for in the “Search Business” field and click the search button. If no results are displayed, the business name is not duplicated.

Method 2: Check for Name Duplication Using a Business Registration Account

This method provides the most accurate results, including checking for duplicate abbreviated names.

To use this method, you need a business registration account. If you don’t have one, follow these steps to register:

1. Access the registration link: https://dangkykinhdoanh.gov.vn/.
2. Click on “Online Business Registration.”
3. Log in with your previously created business registration account.
4. Go to the “Business Registration” section.
5. Select “Submit documents using a business registration account” and click “Next.”
6. Choose “Register a new business/branch” and click “Next.”
7. Select the appropriate business type you are planning to register and click “Next.”
8. Review all the information you just entered to ensure accuracy, then click “Start.”
9. Select the “Business name/branch name” section.
10. Enter the desired business name into the three corresponding fields and click “Check for name duplication.”

If you receive a notification stating “Name is already taken and cannot be registered,” you cannot use that name.

If you receive a notification stating “Name is not duplicated,” you can use this name for registration.

These are all the steps to check a business name. This is the first task businesses need to complete after choosing a name.

Business Name Guidance Services

If you are facing the important decision of naming your business, let our business name guidance service assist you. Long Phan offers a comprehensive business naming service covering the following aspects:

• Market Analysis and Consultation: We provide insights and analysis of your target market to better understand your customer base.
• Name Uniqueness Assurance: We ensure that your business name is not duplicated with other businesses.
• Name Selection Advice: We offer guidance on choosing a business name based on factors such as your industry and market positioning.
• Preparation and Submission of Registration Documents: We prepare and submit the business name registration documents, ensuring that all legal procedures are properly followed.

Consulting on business names

This concludes the overview of our business name guidance services provided by Long Phan. If you encounter difficulties in selecting naming a Business or wish to use our services, please call our hotline at 0906.735.386. Long Phan is committed to providing a creative naming experience that aligns with the market.