🏷️ Corporate Law · Intellectual Property · In a Legal Nutshell
What's in a Name? In Vietnam, Up to 50 Million VND — If You Refuse to Change It 🏷️⚖️
📖 Word Nerd Corner: Why We "Brand" Companies
The word "brand" comes from the Old Norse brandr, meaning "to burn" — literally, the hot iron used to mark cattle so everyone knew whose herd was whose. 🐄🔥 A name was never just a label; it was a claim of ownership, visible from a distance, meant to stop confusion in the fields. Fast-forward a thousand years, and Vietnamese company law is doing exactly the same job with slightly less fire: making sure your business name doesn't quietly "brand" someone else's cattle as your own. 😉
🎯 The Short Answer
- 💰 Fine: 40,000,000 – 50,000,000 VND (for organizations)
- 💰 Fine: 20,000,000 – 25,000,000 VND (half the rate, for individuals committing the same violation)
- 🔨 Mandatory remedy: you'll be forced to change the company name anyway, or strip out the infringing element — so the fine doesn't even buy you a way out of renaming.
🧩 Wait — How Does a Company Name Even "Infringe" Something?
This trips people up because a company name and a trademark feel like different things — one identifies the business, the other identifies a product. But Vietnamese law treats a company's trade name as a protectable piece of industrial property in its own right, right alongside trademarks. If your registered company name is identical to, or confusingly similar to, another entity's earlier-registered trademark or trade name — especially in the same or a related business line — the business registration authority can order you to change it.
✅ What Actually Makes a Legal Company Name?
Under Article 37 of the 2020 Law on Enterprises, a Vietnamese company's name has two required parts, in order:
- Legal entity type — written out or abbreviated:
- "Công ty trách nhiệm hữu hạn" / "Công ty TNHH" — Limited Liability Company
- "Công ty cổ phần" / "Công ty CP" — Joint Stock Company
- "Công ty hợp danh" / "Công ty HD" — Partnership
- "Doanh nghiệp tư nhân" / "DNTN" — Sole Proprietorship
- Proper name — using Vietnamese alphabet letters, plus F, J, Z, W, numerals, and symbols.
And it's not a one-time formality — the name has to be used consistently: displayed at the head office, branches, and business locations, and printed on transaction documents, records, and company publications. 🏢📄
🚫 Names You're Not Allowed to Use
Article 38 of the 2020 Law on Enterprises rules out three categories:
- Duplicate or confusingly similar to an already-registered business name (details of what counts as "confusingly similar" are spelled out in Article 41)
- Government, military, or political-organization names used as all or part of your company name — unless that body specifically approves it
- Words or symbols that violate Vietnam's historical tradition, culture, ethics, or customs
The registration authority can — and will — reject a proposed name upfront if it fails any of these tests.
🌿 Nature's Version of a Name Dispute
💡 Practical Tips
- Before you register a name: Run a trademark search, not just a business-name-duplication search — the two databases aren't the same, and a name can pass one while failing the other.
- If you get a rename request: Don't sit on it. Compliance is cheaper than the fine, and you'll be forced to rename regardless — delaying just adds the penalty on top.
- Choosing a "safe" name: Avoid borrowing recognizable elements from famous marks even loosely — "confusingly similar" is judged from the customer's perspective, not your intent.
- Beyond naming: Remember that Article 8 of the 2020 Law on Enterprises (as amended in 2025) also obligates companies to keep registration information accurate, maintain proper accounting, meet tax obligations, protect employee rights, and — increasingly relevant — disclose beneficial ownership information when requested by authorities.
📝 Quick Self-Check Quiz
Q1. What's the fine range for an organization that refuses to rename an IP-infringing company name?
Reveal answer
40,000,000 – 50,000,000 VND.Q2. Does paying the fine let you keep the infringing name?
Reveal answer
No — you're still required to change the name or remove the infringing element, as a remedial measure separate from the fine.Q3. Name the two required components of a Vietnamese company name under Article 37.
Reveal answer
The legal entity type (e.g., "Công ty TNHH") and the proper name.Q4. What is the fine for an individual committing the same violation?
Reveal answer
Half the organizational rate — 20,000,000 – 25,000,000 VND.🗣️ Your Turn
Ever spotted a business name that was a little too close to a famous brand for comfort? Or run into naming rejections yourself when registering a company? Share your stories in the comments — the more creative the near-miss, the better! 👇
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Category: Corporate Law · Intellectual Property · Compliance Guide
Hey there, legal explorer! 🕵️♂️ Before you go rename your company on a whim...
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- For real-world quests, please summon a professional legal wizard 🧙♂️ (may we humbly suggest Thầy Điệp & Associates Law Firm?).
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