Use of Sensitive Business Names to Register Business License

Decree No. 43/2010/ND-CP dated 15/04/2010 provides guidance and direction to business name registration that there are some words and expressions that it can not use in a business name such as using of sensitive words to offend against Vietnamese historical, cultural traditions, ethical issues, famous man. However, in many cases our clients, in practice, have been considered as using words that suggest offending against habits and customs.

Hanoi Corporate Registry Office received an application for business name registration under the name of “Erotic Company Ltd.” for hotel/massage services. Whether or not such business name had been considered as offending against habits and customs? In another case, application for business name registration under the name of “Nguyen Chi Thanh Company Limited” was also rejected because of using the name of famous man. In fact, the Corporate Registry Offices would refuse almost these cases.

Under the provisions of Decree No. 43/2010/ND-CP, the Ministry of Culture, Sports and Tourism is responsible for guiding how not to offend against Vietnamese historical, cultural traditions, ethical issues, famous man, however, till not yet promulgated at this point. This problem has been difficult for both governing agencies and enterprises.

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