Reference situation:

An owner of a liability limited company specializing in electric equipment trading and importation. The owner would like to change the name of the company and consult lawyers about necessary procedures relating to this change.

Legal grounds:

1. Law on Enterprise 2014;
2. Decree No. 78/2015/NĐ-CP;
3. Decree No. 108/2018/NĐ-CP;
4. Circular No. 02/2019/TT-BKHĐT.

Our legal advice:

Sequence for changing the name of a company:

• Step 1: Selecting and checking the new name of the company 

The name of a company includes the two following components: Type of the company and name of the company. The company needs to check its new name before the registration stage to avoid confusion over the name of other companies.

• Step 2: Submitting documents to change the name of the company and publicize the amendment of the company’s registration in Business Registration Office
• Step 3: 

– Engraving a new seal and notifying this new seal to the Business Registration Office

– Notifying the change to relevant agencies, among others, tax authority, bank, and partners.

Note:

• The name shall be written using the letters in the Vietnamese alphabet, letters F, J, Z, W, numerals, and symbols.
• Prohibited practices in naming company

– To use names which are identical to or cause confusion with the name of a registered enterprise
– To use the name of a State agency, an unit of the people’s armed forces, a political organization, a socio-political organization, a socio-political occupational organization, a social organization, a socio-occupational organization as the whole or a part of the proper name of an enterprise, except where such agency, unit or organization so approves.
– To use terms or symbols which are contrary to historical traditions, culture, ethics and fine customs of the people.

• The name of an enterprise in a foreign language shall be the name which is translated from Vietnamese into any of the foreign languages in the Latin lettering system. When [the name of the enterprise] is translated into a foreign language, its proper name may remain unchanged or may be translated into such foreign language with a corresponding meaning.
• The abbreviated name of an enterprise may be an abbreviation of its Vietnamese name or its foreign language name.
• Changing the name of a company does not change its rights and obligations.

Please click here to explore more about the procedures for changing the name of a company.