The Ministry of Finance is seeking comments on a draft new Decree on business registration. This is part of the process of perfecting the legal system to synchronize with the revised Law on Enterprises, expected to take effect from July 1.
In the draft Decree, Article 86 has notable provisions related to business households, especially naming and cases where registration is not required.
According to this draft, the name of a business household must include the phrase “business household” followed by the proper name. The name must not use confusing words such as “company”, “enterprise”, “corporation” and must not violate good customs, ethics and culture.
In addition, the name of a business household must not be the same as the name registered in the same commune, ward or equivalent administrative unit.
The Ministry of Finance proposes that when naming a business household, the phrase "business household" must be included with the proper name, and words that can easily cause misunderstandings must not be used (Photo: Hai Long).
The Ministry of Finance proposes that it is not allowed to use the trade names, trademarks, and geographical indications of other organizations, individuals, and business households that have been protected to form the proper name of a business household, except in cases where it is approved by the owner of that trade name, trademark, or geographical indication.
A business household shall be responsible before the law if its business name infringes on industrial property rights. The handling of business names infringing on industrial property rights shall be carried out in accordance with the provisions of specialized laws.
A business household with an infringing name must register to change its business name within 15 days from the date of request from the competent authority handling the violation. In case the business household does not register to change its name that infringes on industrial property rights as requested, the commune-level business registration authority shall request the business household to report as prescribed.
In addition to the Vietnamese name, a business household can register a foreign language name or an abbreviated name. A foreign language business household name is a name translated from the Vietnamese name into one of the foreign languages in the Latin alphabet system.
When translated into a foreign language, the proper name of a business household can be kept intact or translated into the corresponding meaning in the foreign language. The abbreviated name of a business household is an abbreviation of the Vietnamese name or the name in a foreign language.
The Vietnamese name of a business household must not be identical to the Vietnamese name of a business household registered within the commune, ward, or special zone, except for business households that have ceased operations. A duplicate name is a Vietnamese name that is written exactly the same, regardless of upper or lower case letters.
The commune-level business registration authority has the right to approve or reject the proposed name of a business household in accordance with the provisions of law. The opinion of the commune-level business registration authority is the final decision on the name of the business household.
“In case of disagreement with the decision of the commune-level business registration agency, the business household founder or business household can file a lawsuit according to the provisions of the law on administrative proceedings,” the Ministry of Finance stated.
Source: https://dantri.com.vn/kinh-doanh/de-xuat-mot-quy-dinh-dang-chu-y-lien-quan-toi-dat-ten-ho-kinh-doanh-20250614104829684.htm
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