One of the first and most important things before starting a business is naming the business location. The name of the business location is what impresses customers, and is also the brand of the business to help customers identify and distinguish the business from other businesses. However, the naming of the business location must also comply with the provisions of the law. So how can you name your business location correctly and in accordance with the Regulations on the name of the company business location in Vietnam? In the following article, Viet An Law will present the legal contents related to the naming of business locations.
Legal basis
- Law on Enterprise 2020;
- Decree 01/2021/ND-CP on enterprise registration;
- Decree 52/2013/ND-CP on e-commerce, as amended by Decree 85/2021/ND-CP;
- Circular No. 01/2021/TT-BKHDT.
Business location in Vietnam
According to the provisions of Clause 7, Article 3 of Decree No. 52/2013/ND-CP, a business location is understood as a fixed base for conducting business activities, excluding a temporary supply of goods or service.
Authority to establish the company’s business location
The Business Registration Office of the Department of Planning and Investment where the business is located has the authority to receive the application and approve the establishment of the company’s business location.
Regulations on the name of the company business location in Vietnam
According to the provisions of the Enterprise Law and related documents, the name of the branch, representative office, and business location must meet the following requirements:
- The name of the business location must be written with the letters of the Vietnamese alphabet, the letters F, J, Z, W, numbers, and symbols.
- The name of the business location must include the business name and the phrase “Business location”.
- The business location name must be written or labeled with the business location.
- In addition to the name in Vietnamese, the business location of the enterprise can register the name in a foreign language and the initials. A name in a foreign language is a name translated from a Vietnamese name into one of the Latin script’s foreign languages. Abbreviated names are abbreviated from Vietnamese names or names in foreign languages.
- The proper name part in the name of the business location of the enterprise must not use the phrase “company”, or “enterprise”.
- Enterprises with 100% state capital, when converted into dependent accounting units due to reorganization requirements, are allowed to keep the name of state enterprises before reorganization.
Some examples of business location names in accordance with the law
- Business location Viet An Food Co., Ltd.
- Sao Mai Hotel – Business location SB Trading and Service Co., Ltd.
Dossier of notification of establishment of business location
To be able to register a business location, businesses need to prepare a set of documents including:
- Notice of establishment of business location according to the form Appendix II-7 (issued together with Circular No. 01/2021/TT-BKHDT dated March 16, 2021 of the Minister of Planning and Investment). The notice includes the following:
- Enterprise code;
- Name and address of the head office of the enterprise/name and address of the enterprise’s branch (in case the business location is located in the province or city directly under the Central Government where the branch is located);
- The name of the place of business;
- The address of the place of business.
- Written authorization for the person to perform the dossier (in case of authorizing another person to perform) and a copy of the legal document of the authorized individual.
Order and procedures for notifying the establishment of a business location
Businesses can choose to apply online or in person.
Method 1: Submit your application online
Enterprises access the National Business Registration Portal to register an account and log in via the following link: dangkyquamang.dkkd.gov.vn
Step 1:
- Prepare documents as outlined above.
- Scan the documents in the profile.
- Select the method of submission: (submit by public digital signature or business registration account).
Step 2: Select the type of online registration: Here choose to set up a new business/subsidiary.
Step 3: Select the type of registration: business location registration. Then proceed to enter the business information.
Step 4: Upload the scanned document in Step 1 to the system.
Step 5: Check the information again, if the information is correct, then sign for authentication and submit the application.
Note: Applications will only be accepted when all of the following requirements are met:
- The dossier must contain all documents and the contents of such papers must be fully declared in accordance with regulations for paper documents and presented in electronic form. The name of the electronic document must be placed at the same time as the name of the documents in the paper file. The person authorized to sign the written request for enterprise registration or the representative who signs the name in the enterprise registration dossier can use the digital signature to sign directly on the electronic document or directly on the paper document and scan (scan) paper documents according to the formats specified in Clause 2, Article 43 of Decree No. 01/2021/ND-CP;
- The content of enterprise registration information declared on the National Business Registration Portal must be complete and accurate according to the information in the paper registration dossier and have sufficient information about the contact address and the applicant’s email;
- An application for enterprise registration via the electronic information network must be authenticated by a digital signature or the business registration account of the person competent to sign the enterprise registration application or the person signed by the competent person. An application for enterprise registration authorizing the carrying out of business registration procedures. In case an enterprise is authorized to carry out enterprise registration procedures, the enterprise registration dossier must be enclosed with the papers and documents specified in Article 12 of Decree No. 01/2021/ND-CP.
Method 2: Submit an application directly
Step 1: Prepare documents.
The enterprise prepares a set of documents as mentioned above.
Step 2: Submit your application.
- Enterprises come to submit the prepared documents at the Business Registration Office.
- The Business Registration Department specialist checks the validity of the application and issues a receipt.
Step 3: The Business Registration Office checks the validity of the profile and processes the enterprise’s profile.
Step 4: Based on the appointment date on the receipt, the enterprise goes to the Business Registration Office to receive the results of the application.
Note: Applications are only accepted when the following requirements are fully fulfilled:
- Having sufficient papers as prescribed in Decree No. 01/2021/ND-CP;
- The name of the branch, representative office, and business location must comply with the provisions of Article 40 of the Law on Enterprises;
- Have the contact address of the applicant for business registration;
- The enterprise registration fee has been fully paid as prescribed.
Things to do after setting up a business location
After successfully establishing a business registration location, the business needs to carry out a number of tasks as follows:
- Hang signs at business locations in accordance with the provisions of law.
- Enterprises shall declare and pay license tax in accordance with law in case they are not exempt from tax.
- Conduct tax declaration and report at the tax authority of the business location if business activities arise (in case the business location is different from the head office or branch of the enterprise).
If you have any questions about the regulations on the name of the company business location in Vietnam, please contact Viet An Law Firm for the best support!
