A company that changes its name may continue using labels and packaging printed with its former name if it meets the conditions under Resolution No. 39/2026/NQ-CP. The permitted period for using such labels and packaging for labeling and packing goods is 12 months from the date the Enterprise Registration Certificate records the new company name.

Relevant Legal Basis

Companies need to distinguish between two transitional mechanisms, as they have different scopes and timelines:

Scope note: Resolution No. 39/2026/NQ-CP does not apply to cases already covered by Clause 4, Article 98 of Decree No. 37/2026/ND-CP. Companies may not choose between or combine the two transitional periods.

Effective-date note: Resolution No. 39/2026/NQ-CP took effect on August 25, 2026. It remains effective until an amendment or supplement to Clause 4, Article 98 of Decree No. 37/2026/ND-CP covering the corresponding matter takes effect, unless the Government decides otherwise.

The transitional mechanism does not exempt companies from complying with regulations on product and goods quality, product safety, consumer protection, and other sector-specific requirements.

Conditions for Continuing to Use Labels and Packaging Bearing the Former Company Name

In this article, the “date the new name is recorded” refers to the date on which the company is issued an Enterprise Registration Certificate recording its new name. Companies should review the following conditions:

1. No Change to the Legal Entity or Responsible Party

The transitional mechanism applies when a company changes its name in accordance with enterprise registration regulations while maintaining the same legal entity, rights and obligations, enterprise identification number, and party responsible for the goods.

2. Labels and Packaging Must Be Part of the Inventory on the Date the New Name Is Recorded

The labels and packaging must have been printed or manufactured before the date the new company name is recorded and must remain in inventory on that date. From the date the new name is recorded, the company must cease ordering or manufacturing new labels and packaging bearing its former name.

3. Supporting Records Must Demonstrate Eligibility for the Transitional Mechanism

Companies must retain evidence of the printing or manufacturing date, inventory quantity on the date the new name is recorded, continuity of the legal entity, and continuity of the party responsible for the goods. Relevant records include the label content at the time of printing, manufacturing documents, warehouse receipts, warehouse issue records, and related documentation. These records should support traceability and be available when requested by competent authorities.

4. Label Information Must Not Cause Confusion

Continued use of the former company name must preserve the accuracy of other mandatory label information. It should also avoid confusion regarding the responsible party, origin, provenance, quality, and safety of the goods.

During the transitional period, the company’s new name must be publicly available and searchable through the National Business Registration Information System, the company’s website where available, mass media, or another appropriate channel.

How Long Can Labels and Packaging Bearing the Former Name Be Used?

The transitional period starts from the date the company is issued an Enterprise Registration Certificate recording its new name. The calculation is based on this date rather than the effective date of the Resolution or the date the company begins using its existing packaging.

Once the 12-month period ends, any remaining labels and packaging bearing the former company name can no longer be used for labeling or packing goods. Remaining inventory does not extend this transitional period.

What Should Companies Control After a Name Change?

After confirming eligibility for the transitional mechanism, companies should control the inventory of existing labels and packaging, their usage, and the schedule for transitioning to the new company name.

1. Confirm the Inventory of Existing Labels and Packaging

Companies should conduct an inventory by packaging code, label version, and storage location. Actual quantities should then be reconciled with purchase, manufacturing, and warehouse receipt records. For companies operating multiple factories or warehouses, the inventory should be consolidated using the same reference date: the date the new company name is recorded.

At the same time, companies should inform printing suppliers of the new name, update purchasing templates, and prepare a transition plan for new packaging before the permitted period expires. For FDI manufacturers whose label designs require approval from a parent company, the schedule should also account for design approval and delivery lead times.

2. Track Usage and Maintain Traceability

Companies should track packaging bearing the former name from the warehouse through to each packing batch. The warehouse issue date and the actual date of use serve different control purposes. The following table provides a suggested internal tracking structure:

3. Update the New Company Name in Relevant Records and Systems

Under Resolution No. 39/2026/NQ-CP, companies must update their new name in quality declaration records, product self-declaration records, codes and barcodes, traceability data, and relevant management systems, where applicable. These updates must be completed no later than the end of the permitted period for using labels and packaging bearing the former company name.

This timeline operates alongside any separate procedures and deadlines required under sector-specific regulations.

4. The Role of ISO 9001 in Managing the Company Name Change

Companies applying ISO 9001 can use their existing management system to approve label designs, record the approver and effective date, control the ordering and distribution of label versions, and reconcile packaging usage with individual packing batches.

ISO 9001 is not a legal condition for using labels and packaging bearing the former company name. Eligibility for the transitional mechanism must be determined based on applicable legal requirements.

Frequently Asked Questions (FAQ)

ARES Vietnam provides assessment and certification services for management systems under ISO 9001. Companies seeking certification may contact ARES Vietnam to discuss the appropriate certification scope and assessment activities.

• Hotline:085.3858.553
• Email: service@aresvietnam.vn