Naming a company is a crucial matter that individuals and organizations must pay close attention to right from the business preparation stage. During company formation in Vietnam, a company name is not only officially recorded on the Enterprise Registration Certificate, but it is also utilized across contracts, invoices, formal documentation, commercial transactions, and brand-building activities. If a name is a duplicate, confusingly like an existing enterprise, or non-compliant with statutory naming regulations, the business registration application may be rejected, or the enterprise may be forced to change its name post-incorporation. Therefore, understanding important notes on naming a company in Vietnam is essential for a smooth incorporation process.
What is the company’s name?
Pursuant to Clause 1, Article 37 of the Vietnamese Law on Enterprises 2020 (as amended and supplemented in 2025), the Vietnamese name of an enterprise consists of two components in the following order: the enterprise type and the proper name.
Examples:
• Minh Anh Limited Liability Company;
• Viet Phat Joint Stock Company;
• ABC Partnership;
• Thanh Cong Private Enterprise.
For each type of enterprise, the component indicating the enterprise type may be written in full or abbreviated form in accordance with the law. For instance, a limited liability company may use the phrase “công ty trách nhiệm hữu hạn” or “công ty TNHH”; a joint stock company may use “công ty cổ phần” or “công ty CP”.
The enterprise’s name must be displayed at its headquarters, branches, representative offices, and business locations; it must also be printed or written on transaction documents, records, materials, and publications issued by the enterprise.
Therefore, when naming a company, an enterprise must not only consider whether the name is memorable or aligned with its business strategy but also ensure that the name complies with legal requirements.
Distinguishing between enterprise name, commercial name, and trademark in Vietnam
An important point to note is that a company name should not be equated with a trade name or a trademark.
| Criteria | Enterprise name | Commercial name | Trademark |
| Purpose | Identifies the enterprise in its capacity as a business entity | Distinguishes business entities within the same business sector and geographic area | Distinguishes goods or services of different entities |
| Basis of establishment | Company registration in Vietnam | Primarily established based on lawful usage | Primarily established through protection registration |
| Scope | Associated with the legal entity/enterprise | Associated with business operations | Associated with goods and services |
Under the Vietnamese Law on Intellectual Property, a trade name is protected if it is capable of distinguishing the business entity bearing that name from other business entities operating in the same field and geographical area; furthermore, the trade name must not be identical or confusingly similar to a previously used trade name or a previously protected trademark in cases prescribed by law.
Therefore, the valid registration of a company name does not automatically grant the enterprise the right to use that name as a trademark or trade name in all circumstances.
Structure of company names under Vietnamese Law
The company name must include the business entity type and the distinctive name
Pursuant to Article 37 of the Law on Enterprises 2020, the Vietnamese name of an enterprise consists of: the enterprise type + the proper name.
For example, if the intended distinctive name is “Viet Thanh”, the business may choose:
- Viet Thanh Limited Liability Company;
- Viet Thanh Joint Stock Company;
- Viet Thanh Partnership;
- Viet Thanh Private Enterprise.
The distinctive name must be written using letters from the Vietnamese alphabet, the letters F, J, Z, and W, numerals, and symbols in accordance with regulations.
Therefore, a key consideration when naming a company is to correctly determine the business type before finalizing the registered name.
Proper names should be chosen for their distinctiveness
Legal considerations are not the only factor to consider. From a practical standpoint, a business should choose a name that is:
- Easy to read;
- Easy to remember;
- Easy to pronounce;
- Distinctive;
- Relevant to the business sector;
- Suitable for long-term use;
- Capable of evolving into a brand.
If the business plans to expand into new areas in the future, it is not necessary to include a specific line of business in the company name. Selecting a name with a broader scope can help the business avoid the need to alter its brand direction when expanding operations.
Important notes on naming a company in Vietnam
This is the most important aspect that a company founder needs to verify before submitting the registration application.
The company name must not be identical to that of a registered enterprise
Pursuant to Clause 1, Article 14 of Decree 168/2025/NĐ-CP, a business founder or an enterprise may not register a business name that is identical or confusingly similar to the name of another enterprise already registered in the National Business Registration Database nationwide, except in specific cases prescribed by law—such as when the other enterprise has been dissolved or is subject to an effective court decision declaring bankruptcy.
Pursuant to Clause 1, Article 41 of the Law on Enterprises 2020, an “identical name” refers to a case where the Vietnamese name of the enterprise applying for registration is written the same as the Vietnamese name of an already registered enterprise.
Example: “ABC Co., Ltd.” has already been registered. Another enterprise cannot register the exact same Vietnamese name: “ABC Co., Ltd.”
Therefore, before deciding on an official name, a business founder should search for the company name in the National Business Registration Database.
Avoiding confusingly similar names when naming a business in Vietnam
This scenario is more common than that of an identical name. Article 41 of the 2020 Law on Enterprises specifies various instances where a name is considered confusingly similar. For example:
- The Vietnamese name is pronounced the same as that of a registered enterprise;
- The abbreviated name is identical to that of a registered enterprise;
- The foreign-language name is identical to that of a registered enterprise;
- The proper name differs only by a natural number, an ordinal number, or a single letter;
- The proper name differs only by symbols such as “&”, “và” (and), “.”, “,”, “+”, “-”, or “_”;
- The proper name differs only by the word “tân” or “mới” (meaning “new”);
- The proper name differs only by phrases indicating regions such as “miền Bắc” (Northern), “miền Nam” (Southern), “miền Trung” (Central), “miền Tây” (Western), or “miền Đông” (Eastern);
- The proper name is identical to that of a registered enterprise in certain cases prescribed by law.
For instance, if “ABC Co., Ltd.” already exists, naming a company “ABC New Co., Ltd.” does not automatically avoid the issue of a confusingly similar name. Similarly, simply adding a number or symbol to an existing name is not a safe solution for creating a completely distinct business name.
Do not use the names of state agencies or political organizations to name entities in violation of company naming regulations
Clause 2, Article 38 of the Law on Enterprises 2020 prohibits the use of the names of the following agencies or organizations – in whole or in part – as the proper name of an enterprise, unless the consent of the respective agency, unit, or organization has been obtained:
- State agencies;
- Units of the people’s armed forces;
- Political organizations;
- Political-social organizations;
- Political-socio-professional organizations;
- Social organizations;
- Socio-professional organizations;
This regulation aims to prevent enterprises from using names that could mislead customers regarding the relationship between the enterprise and the relevant state agency or organization.
Therefore, this is a factor that should be verified right at the stage of formulating the proposed company name.
Do not use words or symbols that violate traditions, history, culture, ethics, or social mores
Pursuant to Clause 3, Article 38 of the Law on Enterprise 2020, an enterprise is prohibited from using words or symbols that violate the nation’s traditions, history, culture, ethics, or social mores in its name.
As this is a qualitative regulation, enterprises should exercise caution when selecting names that involve culturally, historically, or ethically sensitive elements.
The company name should not be offensive, insulting, or likely to create a misleading impression of the enterprise.
Prohibition on using trade names, trademarks, or geographical indications to form a company’s proper name
Intellectual property is a frequently overlooked factor when naming a company.
Article 15 of Decree 168/2025/NĐ-CP stipulates that enterprises may not use the trade names, trademarks, or geographical indications of protected organizations or individuals to form their own proper names, unless they have obtained written consent from the rights holder and the name does not cause consumer confusion. Founders are also required to consult existing protected trademarks and geographical indications before registering a company name.
Notably, enterprises bear legal liability if their chosen name that intellectual property rights infringement.
If a company name is determined to infringe upon industrial property rights, the business registration authority may require the company to change its name. Under Clause 5, Article 15 of Decree 168/2025/NĐ-CP, an enterprise with an infringing name must register a name change within 60 days of receiving the authority’s notification requiring such a change.
Therefore, simply searching for the availability of a company name is insufficient. Enterprises should also assess the potential for protection and check for conflicts between their intended name and existing trademarks, trade names, and geographical indications.
Company name search process in Vietnam
To minimize risk, business founders can take the following steps:
Step 1: Determine the business entity type
Decide whether the intended business will be a limited liability company, a joint-stock company, a partnership, or a private enterprise.
Step 2: Develop multiple name options
Do not prepare just a single name. It is advisable to develop 3–5 options to have alternatives available should the intended name be rejected.
Step 3: Search for the business name
Check the National Business Registration Database to determine if the intended name is identical or confusingly similar to an already registered business.
Under Decree 168/2025/NĐ-CP, business name registration is evaluated on a nationwide basis, rather than being limited to a local scope.
Step 4: Search for trademarks
If the company name is intended to serve as the brand name, it is necessary to check for trademarks already registered or protected within the relevant business sector.
Step 5: Check trade names and domain names
Businesses should also verify the availability of the name for use on websites, social media, and e-commerce platforms.
Early verification helps avoid situations where a business invests heavily in brand building only to be forced to change its name later due to disputes or legal issues.
Frequently asked questions about important notes on naming a company in Vietnam
Can a company have a foreign-language name?
According to Article 39 of the Law on Enterprises 2020, a foreign-language name is a translation of the Vietnamese name into a foreign language that uses the Latin alphabet.
When translating into a foreign language, the enterprise’s proper name may be kept as is or translated according to its corresponding meaning.
Enterprises should note that the foreign-language name must also be checked to minimize the risk of duplication or confusion with the names of already registered enterprises.
Additionally, if an enterprise uses its foreign-language name at its headquarters, on transaction documents, or in publications, that name must be displayed in a smaller font size than the Vietnamese name, in accordance with the Law on Enterprises.
Can the company name be abbreviated?
An enterprise may have an abbreviated name derived from either its Vietnamese name or its foreign-language name.
For example, an enterprise named “ABC Vietnam Joint Stock Company” could create an abbreviated name that corresponds to its registered business name.
However, business founders should not check only the Vietnamese name while overlooking the abbreviated name. Under Article 41 of the Law on Enterprises, an abbreviated name that is identical to that of an already registered enterprise is considered a name that causes confusion.
Is it mandatory for the company name to indicate the business line?
It is not mandatory for every enterprise to include its business line in its name. For instance, a company operating in the technology sector might choose a brand-oriented proper name rather than being required to include the word “technology” in its name.
Including the business line in the name can help customers easily identify the field of operation; however, enterprises should also consider their long-term development strategy. For instance, if a business currently operates in real estate but plans to expand into consulting, commerce, or technology later, choosing a name too closely tied to a specific sector could limit future brand recognition.
Therefore, an appropriate company name is one that not only meets registration requirements but also aligns with the business’s development strategy.
Can a registered company name be used as a trademark?
This is a crucial point for businesses to consider when building their brand.
A company name is registered with the business registration authority, whereas a trademark falls under the scope of intellectual property law. A trademark must meet specific protection criteria under the Law on Intellectual Property. Trademark distinctiveness is regulated by Article 74 of the Law on Intellectual Property.
Consequently, businesses should not assume that “a registered company name is automatically protected as a trademark”.
If a business intends to use its company name as its long-term brand name, it should conduct a search and apply for trademark protection as soon as possible.
This is particularly important for businesses involved in online operations or e-commerce, or those investing heavily in marketing and brand identity.
Can a company have an English name?
Enterprises may register a foreign-language name in accordance with Article 39 of the Law on Enterprises. This name is translated from the Vietnamese name into a language using the Latin alphabet; the proper name may be kept as is or translated according to its corresponding meaning.
What should be done if the company name is identical or confusingly like another?
If the business is in the incorporation stage, it should choose a different name. If the business is already registered but the name is subsequently found to infringe upon industrial property rights, the business may be required to change its name at the request of the competent authority. Pursuant to Article 15 of Decree 168/2025/NĐ-CP, in this case, the enterprise must register a name change within 60 days from the date the business registration authority issues a notice requiring the name change.
The above constitutes the advice of Viet An Law; should you have any questions, please contact Viet An Law for the best possible assistance.
