Vietnam company name rules: what you can and cannot use

Vietnam company name rules are short: a name has two parts, it must not copy or sound like a name already on the register, and it must not misuse a state body's name or offend the country's history and culture. This guide sets out what you can use, what you cannot, and how to check a name before you file. It is general information, not legal advice.

The two-part name format

Article 37 of the Law on Enterprises (Law No. 59/2020/QH14) says the Vietnamese name has two parts, in this order. First comes the type of company. Second comes the proper name, which is the part that is truly yours.

The type must be written in the set form. A limited liability company uses "công ty trách nhiệm hữu hạn" or "công ty TNHH". A joint stock company uses "công ty cổ phần" or "công ty CP". A partnership uses "công ty hợp danh" or "công ty HD". A sole proprietorship uses "doanh nghiệp tư nhân", "DNTN" or "doanh nghiệp TN".

The proper name may use letters of the Vietnamese alphabet, the letters F, J, Z and W, numbers and symbols. The full name must appear at the head office, at each branch, representative office and business location, and on contracts, records and printed materials. The Law took effect in 2021 and replaced the 2014 Law on Enterprises.

Source: Law on Enterprises No. 59/2020/QH14, Article 37, Vietnamese text on thuvienphapluat.vn.

Names you cannot use

Article 38 lists three banned acts. You cannot use a name that is the same as, or easy to confuse with, a registered company's name. You cannot use the name of a state authority, a military unit or a political, social or professional organization as part or all of your name, unless that body agrees. You also cannot use words or symbols that go against the country's history, culture, ethical values and good traditions.

The registration office may refuse a name that breaks these rules. Article 37 also lets it refuse a name that breaks the foreign name rules or the look-alike rules described below. Under Decree 01/2021/ND-CP, Article 18, the office has the right to approve or reject a proposed name, and its view is final for the purpose of avoiding confusion. A company that disagrees can bring an administrative lawsuit.

Sources: Law on Enterprises No. 59/2020/QH14, Articles 37 and 38; Decree No. 01/2021/ND-CP of 4 January 2021 on enterprise registration, Article 18 (English translation on thuvienphapluat.vn).

Same and look-alike names

Article 41 explains what "identical" means. A name is identical when the Vietnamese name you choose is written exactly like the Vietnamese name of a registered company. The law then lists more cases that count as confusing, even though the names are not exactly the same.

• The name sounds like a registered name when spoken.
• The short name is the same as a registered short name, or the foreign name is the same as a registered foreign name.
• The proper name differs only by a number or a letter placed right after it.
• The proper name differs only by "and", "&" or a mark such as a dot, comma, plus sign, dash or underscore, for companies of the same type.
• The proper name differs only by "tân" or "mới" (new) before or after it.
• The proper name differs only by "miền Bắc", "miền Nam", "miền Trung", "miền Tây" or "miền Đông" (north, south, central, west, east).

Some of these tests do not apply to a subsidiary of the registered company. A parent can name a subsidiary close to its own name. An unrelated founder cannot. Decree 01/2021/ND-CP adds that a company with a clashing name from before 1 July 2015 may keep it, and that firms with look-alike names are encouraged to talk and agree on a change.

Sources: Law on Enterprises No. 59/2020/QH14, Article 41; Decree No. 01/2021/ND-CP, Article 18, Clauses 3 and 4 (English translation on thuvienphapluat.vn).

Foreign names, short names and branches

Article 39 lets a company also have a name in a foreign language. It must be a translation of the Vietnamese name into a language that uses the Latin alphabet, such as English. The proper name may stay as it is or be translated. Where the foreign name is shown, it must be printed smaller than the Vietnamese name at the head office, branches, business locations and on documents.

A company may also have a short name. It can be a short form of the Vietnamese name or of the foreign name. Remember the look-alike rule: a short name that matches a registered short name can be treated as confusing.

Article 40 sets the rules for branches. The branch name must contain the company name plus the words "Chi nhánh" (branch), "Văn phòng đại diện" (representative office) or "Địa điểm kinh doanh" (business location). It follows the same character rules as the company name.

Sources: Law on Enterprises No. 59/2020/QH14, Articles 39 and 40.

Brands and trademarks

A name can pass the register check and still cause trouble. Decree 01/2021/ND-CP, Article 19, says a protected trade name, trademark or geographical indication of someone else may not be used to form your proper name, unless the owner agrees. Before you file, you may look up registered marks in the industrial property database.

If a name infringes, the owner can send a written request to the registration office, with proof of its rights such as a mark registration certificate. Within 10 working days of a complete file, the office asks the company to change its name within two months. If the company does not, the office notifies a competent authority to act.

Source: Decree No. 01/2021/ND-CP, Article 19, Clauses 1, 3 and 4 (English translation on thuvienphapluat.vn).

A simple checklist before you file

1. Pick your company type and write it in the set Vietnamese form.
2. Choose a proper name with allowed characters only.
3. Search the National Business Registration Portal for the same name, a name that sounds alike, or one that differs only by a number, a mark or a word such as "new".
4. Check that the name does not use a state body's name or a word that offends the country's history or culture.
5. Search the industrial property database for marks that match your proper name.
6. Prepare any foreign or short name now, and run the same checks on each.

Have a second choice ready. The registration office can reject the first one, and the office's view is final unless you take the matter to court.

Sources: Law on Enterprises No. 59/2020/QH14, Articles 37 to 41; Decree No. 01/2021/ND-CP, Articles 18 and 19.