Thông tư 10/2014/TT-BVHTTDL hướng dẫn đặt tên doanh nghiệp

THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Circular No.10/2014/TT-BVHTTDL dated October 1, 2014 of the Ministry of Culture, Sports and Tourism guiding to name for enterprises so as to be suitable with the national history, culture, ethnics, and fine traditions and customs

Pursuant to the November 29, 2005 Enterprise Law;

Pursuant to the Government’s Decree No. 43/2010/ND-CP of April 15, 2010, on enterprise registration;

Pursuant to the Government’s Decree No. 76/2013/ND-CP of July 16, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the director of the Grassroots Culture Department, the Minister of Culture, Sports and Tourism promulgates the Circular guiding to name for enterprises so as to be suitable with the national history, culture, ethnics, and fine traditions and customs.

Article 1.Scope of regulation and subjects of application

1. This Circular guides to name for enterprises so as to be suitable with the national history, culture, ethnics, and fine traditions and customs.

2. This Circular applies to organizations or individuals that have registered their enterprises operating in the Vietnamese territory in accordance with Vietnamese law.

Article 2.Naming of enterprises in violation of national history

The following cases of naming of enterprises violate national history:

1. Naming an enterprise after the name of a personality, unless:

a/ The enterprise founder names his/her enterprise after its proper name which is partly or fully identical to that of a personality. In this case, the enterprise’s name must be exactly the same as the founder’s full name stated in his/her birth certificate;

b/ The enterprise is jointly established by many organizations and individuals and is to be named after the proper name of one of its co- founders which is identical to that of a personality. In this case, the naming of the enterprise must comply with Point a, Clause 1 of this Article;

c/ The enterprise is given a name being a combination of names of its co-founding organizations and individuals which is identical to the name of a personality. In this case, the enterprise’s name must have dashes between names of such co-founders.

2. Using the names of the country or geographical areas in the past times when the country was invaded, and names of historical figures who are commonly regarded as having acted against justice or holding back the social progress.

3. Using names of foreign invaders or persons who committed crimes against the nation.

4. Other cases of using words or symbols in violation of the national history or traditions as prescribed by law.

Article 3.Naming of enterprises in violation of national culture, ethics and fine traditions and customs

The naming of enterprises in the following cases violates national culture, ethics and fine traditions and customs:

1. Using words or symbols with vulgar, pornographic, violent, criminal or social evil meanings;

2. Using words or symbols showing or implying intimidation, offense, libel, revilement, smear or indecency against other organizations or individuals;

3. Using words or symbols showing or implying regional, ethnic, religious, racial or gender discrimination;

4. Other cases of using words in violation of national culture ethics, and fine traditions and customs as prescribed by law.

Article 4.Responsibilities of relevant parties

1. Organizations or individuals that carry out enterprise establishment registration shall comply with this Circular.

2. Specialized culture, sports and tourism inspectors; organizations or individuals competent to handle violations shall detect and handle violators in accordance with law.

Article 5.Effect

1. This Circular takes effect on November 25, 2014.

2. Any problem arising in the course of implementation shall be promptly reported to the Ministry of Culture, Sports and Tourism (via the Grassroots Culture Department) for suitable study, amendments and supplementation./.

The Minister of Culture, Sports and Tourism

Hoang Anh Tuan