In the context of global digital transformation, using a brandname is a cost – efficient and useful Marketing method for organizations and individuals to advertise themselves via SMS and calls. This article will provide an overview of the procedure for obtaining a brandname to ensure that this procedure is carried out efficiently and in compliance with regulations.
1. Definition
Brandname is a tool used by users in advertising activities via SMS and calls, and is used to display or identify information about the source of the message. All organizations and individuals have the rights to register and use the brandname in the unlimited quantities for the purpose of advertising via sms and calls.
The brandname assigned to organizations and individuals is unique within the National Indentifier System managed by the Ministry of Information and Communications (Department of Information Security) and has a validity period of 3 years from the date of issuance. Organizations and individuals are issued a Certificate of Identifier to establish their ownership of the brandname.
2. Purpose
The purpose of the registration of the brandname is to protect their ownership to the brandname and to prevent other organizations and individuals from using the similar name, thereby reducing the risk of brand conflicts. It creates favorable opportunities for businesses to build and develop their brand, fostering trust and credibility with customers.
3. Notable points in setting up a brandname
A valid brandname consists of no more than 11 characters written together, using Latin letters, digits (from 0 to 9), or other characters (-), (_), (.), and spaces; case – sensitive; and must not consist of solely of numbers (1).
The registration and use of the brandname shall follow these principles: Equality, non-discrimination; first come, first served; avoiding confusion or distortion due to homophones, multiple meanings, or the lack of diacritics in Vietnamese (2).
4. Dossiers for obtaining the brand-name (3)
- A certified copy of the decision of Business Establishment or Enterprise Registration Certificate (ERC). In case where the organizations or enterprises register mutiple brandnames at the same time, only one certified ERC or decision of Business Establishment needs to be provided;
- A registration form for the brandname, as per Form No. 01 in the Appendix issued with Decree 91;
- Other documents related to intellectual property rights, trademark registration (if any). ed;
5. Submission methods (4)
Direct Submission:
- Submit via postal service to the Vietnam Cyber Emergency Response Center (VNCERT/CC) – Information Security Department
Online Submission:
- Submit an electronic application at the address tendinhdanh.ais.gov.vn, and also submit a hard copy to the Vietsnam Cyber Emergency Response Center (VNCERT/CC) – Information Security Department for legal verification and record-keeping.
6. Procedure (5)
Step 1: Application Receipt
Within one working day, the Information Security Department will send an email confirming the validity of the application and provide information on the fee payment for registering the brandname.
If the application is invalid, the Information Security Department will notify the applicant with reasons and instructions for completing the application.
Step 2: Fee Payment
Payment of the fee via the bank account of the Information Security Department to register the brandname and to maintain its operation.
Detailed fee: 200,000 VND per first registration per brand-name (6).
Step 3: Issuance of Unique Identifier Registration Certificate
The business should send a copy/screenshot of the fee payment confirmation to the email address tendinhdanh@vncert.vn. Upon receipt of the payment confirmation, the Information Security Department will send the Unique Identifier Registration Certificate to the registered email address provided in the registration form for the brandname.
7. Reporting Obligations
Organizations or individuals granted a brandname are responsible for submitting an annual report according to Form No. 04 in the Appendix issued with this Decree or an ad-hoc report upon request by the Ministry of Information and Communications (Information Security Department).
Reporting Period: Annual reports are to be submitted before December 31st of the reporting year, with data cut-off from December 15th of the previous year to December 14th of the reporting year.
Reports (detailed instructions on reporting are available on the Ministry of Information and Communications’ website/portal (Information Security Department)) should be submitted in an authenticated electronic format to baocaospam@ais.gov.vn and updated in the National Identifier Management System.
I hope that this detailed information will assist you in successfully completing the process of applying for a brandname, contributing to enhancing the reputation and brand development potential of your business.
(1) Article 23(2) Decree 91/2020/NĐ-CP
(2) Article 23(4) Decree 91/2020/NĐ-CP
(3) Article 24 Decree 91/2020/NĐ-CP
(4) Article 25 Decree 91/2020/NĐ-CP
(5) Article 26 Decree 91/2020/NĐ-CP
(6) Circular 269/TT-BTC dated November 14th, 2016 on guiding of the Collection, Payment, Management and Use of Fees and Charges in the Field of Information Security
Disclaimers:
This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.
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Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to Business and Investment and contact our team of lawyers in Vietnam via email info@apolatlegal.com.