Regulations on business names in Vietnam: things to know to avoid violations

Naming a business is not only a unique mark but also the first step that determines the recognition and sustainable development of the company in the market. However, the business name cannot be chosen arbitrarily, all must strictly comply with current legal regulations. GT Law synthesizes and analyzes in detail the regulations on "business names", prohibited cases, as well as instructions on choosing a unique, legal and memorable name for your business.

General Regulations on Business Naming

According to the Enterprise Law 2020, the Vietnamese name of an enterprise includes two basic elements:

• Type of enterprise: “Limited liability company” or “LLC” for limited liability company, “Joint stock company” or “JSC” for joint stock company, “Partnership” or “HD company” for partnership company, “Private enterprise”, “DNTN” or “DNTN enterprise” for private enterprise.
• Proper name: Written in Vietnamese letters, F, J, Z, W, numbers and legal symbols. This proper name is the element that creates the difference and brand recognition in the market.

For example:

• GIA THINH COMPANY LIMITED
• G-TECH JOINT STOCK COMPANY
• MINH CHAU ENTERPRISE LIMITED

Note: The business name must be attached at the head office, branches, representative offices, and on transaction papers and documents of the business.

Prohibitions When Naming a Business

Cases prohibited by law when naming a business include:

a) Identical or Confusing with Registered Name

• The name is completely identical to the Vietnamese name of another business registered nationwide.
• Confusing names, such as: names that sound similar to existing business names, names that differ only in characters, symbols, serial numbers, place names or business types.

b) Use of Restricted Names and Words

• The names of state agencies, armed forces units, socio-political organizations, social organizations, etc. may not be used as the whole or part of an enterprise name, unless there is written consent from that unit.
• Do not use words or symbols that violate historical traditions, culture, ethics, and customs.
• Do not use a protected trade name, trademark or geographical indication unless the owner of the trademark or geographical indication has given written consent.

c) About Foreign Names and Abbreviations

If a business uses a foreign name or an abbreviated name, these names must not be identical or confusingly similar to the names of other previously registered businesses.

Golden Rules for Choosing a Legal, Unique & Memorable Business Name

✔️Comply with the Law

• Carefully look up the name of the operating business on the National Database of Business Registration before submitting the application.
• Consult the National Database of Trademarks and Geographical Indications to avoid intellectual property infringement.

✔️Short, Clear, Easy to Call & Easy to Remember

• You should choose a name that has a positive meaning, conveying the mission or core values of the business.
• Avoid names that are too long, difficult to pronounce, confusing, or violate the above prohibitions.
• Make sure the proper name is easy to read and memorable (for example: “Vingroup”, “SABECO”, “KIDO”).

✔️The Difference

• Create a unique name by combining creative words, variations or using popular foreign phrases that no one has used as a business name.
• Can incorporate location name, featured product or business value (for example: NORTHWEST HONEY COMPANY LIMITED, SOUTHEAST REAL ESTATE DEVELOPMENT JOINT STOCK COMPANY).

✔️Feng Shui & Brand Connection

• Refer to feng shui meaning, choose words that bring luck.
• The name should be consistent with the long-term vision of the business, avoiding words that may become “outdated” over time.

Legal Business Naming Process

Choose the appropriate type of name (LLC, CP, HD...)

Create your own name (preferably unique, meaningful, positive)

Look up business names and intellectual property protection marks

Check for legal prohibitions

Make a registration file at the Business Registration Office of the Department of Planning and Investment.

Some Important Notes When Naming Your Business

• Do not choose a name without careful research.
• Avoid using other people's "famous people", "place names" or proper names (if not permitted or beyond the scope of the law).
• For businesses operating in multiple industries, you should choose a general name that is not limited to business lines.
• Trade names and trademarks used in business do not necessarily have to be exactly the same as the business name, but the registered name must comply with legal regulations.

Experience in Creating a Unique and Legal Business Name

– Use descriptive words about the main product/service.

– Combine acronyms or the first letters of each word in the core values.

– Combination of Vietnamese and English (confirmed legal).

– Carefully check the meaning of words/phrases in international contexts (avoid names with negative or sensitive meanings). 

=> Naming a business is the first important step, not only does it require creativity but it also requires strict compliance with the law. Make sure your business name is both easy to remember and legal, to create momentum for brand development, while avoiding future legal risks. If you need in-depth advice or an accurate business name lookup, contact GT Law's team of lawyers for the best support!