THE MINISTRY OF SCIENCE AND 
TECHNOLOGY – THE MINISTRY OF 
PLANNING AND INVESTMENT  
--------  SOCIALIST  REPUBLIC OF VIETNAM  
Independence – Freedom – Happiness  
---------------  
No.: 05/2016/TTLT -BKHCN -BKHDT  Hanoi, April 05, 2016  
  
JOINT CIRCULAR  
ON DETAILING AND GUIDING MEASURES AGAISNT CORPORATE 
NAMES THAT INFRINGE INDUSTRIAL PROPERTY RIGHTS  
Pursuant to the Government's Decree No.  99/2013/ND -CP dated August 29, 
2013 on the sanctioning of administrative infringements in the field of industrial 
proper ty (referred to as the Decree No.  99/2013/ND -CP);  
Pursuant to the Government's Decree No.  78/2015/ND -CP dated September 14, 
2015 providing for the enterprise registration (referred to as the Decree 
No. 78/2015/ND -CP);  
Pursuant to the Government’s Decree No . 20/2013/ND -CP dated February 26, 
2013 defining functions, tasks, powers and organizational structure of the 
Ministry of Science and Technology;  
Pursuant to the Government’s Decree No. 116/2008/ND -CP dated November 
14, 2008 defining the functions, tasks, powers and organizational structure of 
Ministry of Planning and Investment;  
The Minister of Science and Technology and the Minister of Planning and 
Investment promulgate this Joint Circular to detail and guide measures against 
corporate names that infringe  industrial property rights.  
Chapter I  
GENERAL PROVISIONS  
Article 1. Scope of application  
This circular details and guides grounds for determining corporate names that 
infringe industrial property rights and measures against such infringements; 
procedur es for changing corporate names, removing infringing elements in 
corporate names, revoking enterprise registration certificates of companies 
whose names infringe the industrial property rights.  
Article 2. Regulated entities  2 
 
1. Companies that are establishe d in accordance with the law on enterprises use 
their registered names in a manner that infringe industrial property rights.  
2. Indust rial property right holders of trade marks , trade names and geographical 
indications which are protected (referred to the industrial property rights 
holders).  
3. Authorities competent to handle violations in the field of industrial property; 
and the person competent to handle the administrative violations  in the field of 
industrial property.  
4. Business registration offices affiliating to Departments of Planning and 
Investments (referred to as the business registration offices).  
5. Other relevant organizations and individuals as regulated by the law.  
Article 3. The competence to handle violations  and change the corporate 
name s or revo ke enterprise registration certificates  
1. Authorities competent to handle violations  and the person competent to 
handle the administrative violations that conclude or decide a corporate name 
infringe the industrial property rights are the authorities and persons regulated in 
Chapter III of the Decree No. 99/2013/ND -CP.  
2. Authorities competent to change the corporate names or revo ke enterprise 
registration certificates are business registration offices where companies that 
have infring ing names are headquartered.  
Chapter II  
GROUNDS FOR DETERMINING CORPORATE NAMES THAT 
INFRINGE INDUSTRIAL PROPERTY RIGHTS AND MEASURES 
AGAISNT SUCH INFRINGEMENTS  
Article 4. Grounds for determining corporate names that infringe industrial 
property rights  
Grounds for determining corporate names that infringe the industrial property 
rights shall comply with the law on intellectual property, and be concluded or 
decided by authorities competent to handle violations  or persons  competent to to 
handle the adminis trative violations  in the field of industrial property.  
Article 5. Written conclusions on corporate names that infringe industrial 
property rights  3 
 
The written conclusion given by the competent authority which specifies that the 
corporate name infringes t he industrial property rights as regulated in Point a 
Clause 4 Article 19 of the Decree No. 78/2015/ND -CP includes:  
1. Conclusions on the inspection made by the authority competent to handle 
infringements in the industrial property rights as regulated in C lause 1 Article 3 
of this Circular.  
2. The decision on sanctioning administrative violations given by person 
competent to handle the administrative violations , that imposing  remedies 
which requests the company to change its name or remove infringing elements 
from its name.  
 
Article 6. Forcible  change of the company's name,  forcible removal of 
infringing elements from the company’s name  
1. The forcible change of the company's name or forcible removal of infringing 
elements from the company’s name shall  only apply to cases where the violating 
company fails to terminate its act of using infringing name on products, means 
of business, means of services, signboards or transaction documents, or fails to 
carry out procedures for changing such infringing name according to the notice 
given by the competent business registration office or agreements made between 
concerned parties.  
2. If the decision on sanctioning administrative violations requires  change of the 
company’s name or removal of infringing elements f rom the company’s name, 
the violating company shall perform one or some of the following measures:  
a) Apply for change of the company’s name;  
b) Send the written notice of change of the company’s business lines to the 
business registration office;  
c) Oth er measures as regulated by the law.  
3. The application for change of the company’s name or notice of change of the 
company’s business lines regulated in Clause 2 of this Article shall be 
performed in accordance with regulations of the law on enterprises.  
Article 7. Revocation of enterprise registration certificates  
The revocation of the enterprise registration certificate shall apply to the cases 
where the infringing  company fails to comply with requirement of chang ing the 4 
 
company’s name or remov ing the infringing elements from the company's name 
as prescribed in the decision on sanctioning administrative violations issued by 
the competent persons , and fails to provide explanation as regulated in Point c 
Clause 1 Article 209 of the Law on enterprises to the business registration office 
within 06 months as of the end of the deadline for sending such explanation or at 
written request.  
Chapter III  
ORDER AND PROCEDURES FOR IMPOSING MEASURES AGAINST 
CORPORATE NAMES THAT INFRINGE INDUSTRIAL PROPERTY 
RIGHTS  
Article 8. Order and P rocedures for handing infringements related to 
corporate names  
1. Upon  receiving the request for handing violations  related to the corporate 
name, the agencie s competent to handle violation s may request the alleged 
violator to provide information, documents and evidences as provided for  in 
Point c Clause 2 Article 25 of the Decree No. 99/2013/ND -CP or conduct the 
inspection, investigation , verification  and collection of evidence . The agencies 
competent to handle violation s shall issue one of the following documents:  
a) The written conclusion on the use of corporate name that infringes the 
industrial property rights, which includes  assessment and conclusion on the 
corporate name that comprises elements infringing the rights to trade marks , 
geographical indications and trade names that are protected; orconclusion that 
the use of such corporate name on products, means of business, means of 
services, signboards or transaction documents in relevant b usiness sectors is 
considered as an infringement of the industrial property rights;  
b) The decision on sanctioning administrative violations  which includes 
requirement of chang ing the company’s name or remov ing infringing elements 
from the company’s name.  
2. The sequences , procedures for changing the company’s name, changing 
business lines and revoking enterprise registration certificate shall be performed 
in accordance with regulations of the law on enterprises.  
Article 9.  Sequences  and p rocedures for changing the company’s name, 
removing infringing elements from the company’s name in cases  a decision 
on imposing administrative remedies to an industrial property right  
infringing act  5 
 
1. In case the authority competent to handle violation s makes a written  
conclusion on the corporate name that infringes the industrial property rights as 
regulated in Point a Clause 1 Article 8 of this Circular, such authority  competent 
to handle violation s shall send such written conclusion to the related industrial 
property  right holder and violating company, and facilitate the negotiation 
amongs concerned parties within 30 days as of the issuance of such written 
conclusion.  
2. If the concerned parties reach an agreement within the prescribed time -limit 
and propose handling measures in compliance with the law on intellectual 
property without affecting rights and interests of third parties, consumers and the 
society as prescribed in Clause 2 Article 27 of Decree No.  99/2013/ND -CP, the 
authority  competent to handle violation s shall issue a notice recording such 
agreement and stop its settlement in this case;  
In case the concerned parties cannot reach an agreement within the prescribed 
time-limit, the  industrial property right holder is entitled to send written notice 
to the business registration office, requesting the business registration office to 
send a request to the company whose nam e infringes the industrial property 
rights to change its name as regulated. The written notice of the holder of 
industrial property rights shall be enclosed with documents as regulated in 
Clause 4 Article 19 of the Decree No.78/2015/ND -CP. 
Within 10 days a s of the receipt of valid documents, the business registration 
office shall send a notice requesting the company that has the infringing name to 
change its name and carry out procedures for changing the company's name 
within 02 months as of the date of not ice. 
3. Within 02 months as of the date of notice, if the company that has the 
infringing name carries out procedures for changing its name as regulated, the 
business registration office shall send notices to the authority  competent to 
handle violation and the industrial property right  holders,  of the change of name 
of the violating company within 05 workings days as of the date on which such 
change of the company's name is approved by the business registration office.  
4. Within 03 working days as of the en d of the time -limit for carrying out 
procedures for changing the company's name as regulated in Clause 2 of this 
Article, if the company that has the infringing name fails to carry out procedures 
for changing its name as regulated, the business registratio n office shall send 
notices to the authority competent to handle administrative violations in the field 6 
 
of planning and investment, and the infringement -handling authority to inspect 
and handle in accordance with the law on intellectual property.  
Article 10. Procedures for changing the company’s name, removing 
infringing elements from the company’s name and revoking enterprise 
registration certificate in cases  decisions on the imposition of 
administrative penalties in the field of industrial property are issued  
1. If the competent person  issues  a decision on sanctioning administrative 
violations as regulated in Point b Clause 1 Article 8 of this Circular, the 
authorities  competent to handle violation s shall send such decision  to concerned 
parties and the b usiness registration office. Within 60 days as of the ef fective 
date of the decision , the violating company must carry out procedures for 
changing its name or removing infringing elements from its name as regulated in 
Clause 2 Article 6 of this Circular.  
2. Within 10 working days as of the end of the time -limit for executing the 
decision on sanctioning administrative violations as regulated in Clause 1 of this 
Article, if the violating company fails to carry out procedures for changing its 
name or removing infring ing elements from its name, the agencies competent to 
handle violation s shall send notice to the business registration office for 
cooperation  to handle .  
Within 05 working days as of the re ceipt of the notice sent by the agencies 
competent to handle  violation s, the business registration office shall send a 
notice requesting the violating company to submit the explanatory report as 
regulated in Point c Clause 1 Article 209 of the Law on enterprises.  
3. Within 10 working days as of the end of the time -limit for submitting the 
explanatory report as requested by the business registration office, if the 
violating company fails to submit such report, the business registration office 
shall send a notice to the agencies competent to handle administrative vio lations 
in the field of planning and investment to handle in accordance with the law.  
4. After 06 months as of the end of the time -limit for submitting the explanatory 
report as regulated in Clause 2 of this Article, if the violating company fails to 
subm it such report as requested, the business registration office shall revoke the 
enterprise registration certificate according to sequences  and procedures stated 
in Clause 4 Article 63 of the Decree No. 78/2015/ND -CP. 
Article 11. Responsibility for cooperating to impose measures against 
corporate names that infringe industrial property rights  7 
 
1. Industrial property right holders shall provide sufficient documents as 
regulated and coordinate with competent authorities d uring the imposition of 
measures against corporate names that infringe industrial property rights.  
2. The business registration office where the violating company is headquartered 
shall receive and handle the request for changing the name of violating comp any 
submitted by the concerned industrial property right holders ; the request for 
revoking enterprise re gistration certificate from the authorities  competent to 
handle violation.  
3. The business registration office shall cooperate and appoint its officials  to the 
examination, inspection team at the request for cooperating to impose measures 
against the corporate name that infringes the industrial property rights; request 
the violating company to submit its explanatory report as regulated in Point c 
Clause 1  Article 209 of the law on enterprises upon the receipt of notice from 
the infringement -handing authority.  
4. The authorities  competent to handle violation shall cooperate with the 
business registration office to consider the explanatory report submitted by the 
violating company to impose handling measures in conformity with current 
laws.  
Chapter IV  
IMPLEMENTATION  
Article 12. Effect and implementation organization  
1. This circular shall take effect as of May 20, 2016.  
2. The Inspectorate of the Ministry of Science and Technology; the Agency for 
Business Registration, the Ministry of Planning and Investment shall inspect the 
implementation of provisions of this Circular during the cooperation for 
imposing measures against c orporate names that infringe industrial property 
rights./.  
  
MINISTER  
OF PLANNING AND 
INVESTMENT  
 
 
 MINISTER  
OF SCIENCE AND 
TECHNOLOGY  
 
 
 8 
 
 
Bui Quang Vinh   
Nguyen Quan