A business name plays a crucial role in identifying and distinguishing a business from others, as well as in establishing its brand presence in the market. It is essential that the business name does not resemble or create confusion with the names of other existing businesses. ADVN LAW aims to assist businesses in selecting and changing their names in a manner that avoids potential disputes in the future.
A business name plays a crucial role in identifying and distinguishing a business from others, as well as in establishing its brand presence in the market. It is essential that the business name does not resemble or create confusion with the names of other existing businesses. ADVN LAW aims to assist businesses in selecting and changing their names in a manner that avoids potential disputes in the future.
1. Vietnamese and English Names: The business name must not be identical or confusingly similar to the names of previously registered enterprises nationwide.
2. Abbreviated Names: The abbreviated name must not be identical to the abbreviated name of any enterprise registered nationwide.
3. Enterprises under Investment Licenses: Enterprises operating under investment licenses or investment certificates with names that are identical to or confusingly similar to other registered enterprises in the National Database are not required to register a name change.
4. Business Names and Famous Trademarks: Avoid names that overlap with well-known trademarks that were protected before the time of naming.
(according to Article 41 of the Law on Enterprises 2020):
- Vietnamese Name: The name should not read the same as the name of any registered enterprise.
- Abbreviated Name and Foreign Language Name: These should not be identical to the name of any registered enterprise.
- Proper Name: Names differing from the same business only by minor details such as numerals, letters, special symbols, additional words (e.g., "new", "modern"), or phrases (e.g., "North", "South") may still cause confusion.
1. Information Disclosure: Announcing the change is a mandatory procedure. According to Article 45 of Decree 122/2021/ND-CP, failure to properly announce the change will result in a fine ranging from VND 10,000,000 to VND 15,000,000.
2. Seal Engraving: After changing the name, the business should re-engrave its seal to ensure consistency; however, this is not a mandatory procedure.
- Certificate of enterprise registration under the new name.
- Company round seal.
- Internal records maintained at the office.
- Guidance on procedures following the change of company name.
- Remake the signboard at the company’s headquarters.
- Update digital signature information.
- Modify bank account details.
- Notify partners and customers of the name change.
- Update information on business licenses and certificates.
- Process old invoices.
- Does the tax identification number change?: Changing the business name does not affect the tax identification number.
- Does it affect tax declaration?: Enterprises do not need to carry out tax finalization procedures when changing their name.
- Should the company logo be changed?: It is advisable to update the logo to reflect the new name for consistency.
- What about changing the registered trademark?: Only the name information on the trademark title needs to be updated.
- Implementation Time?: The business registration authority will process the name change within 3 working days from receipt of a valid dossier.
Changing a business name is a significant process, and businesses should be well-informed of the relevant regulations and procedures to ensure a smooth and legal transition.
If you need more information or support, please contact ADVN LAW for detailed advice.
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
