Decree No. 99/2016/ND-CP dated July 01, 2016 of the Government on management and use of seals

                                      DECREE   

On management and use of seals[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 27, 2014 Law on the People’s Public Security Force;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree on management and use of seals.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the management and use of seals of state agencies, people’s armed forces units, agencies within the organizational system of the Communist Party of Vietnam, the Vietnam Fatherland Front, socio-political organizations, economic organizations, associations, social funds, charity funds, non-governmental organizations, religious organizations, foreign organizations operating in Vietnam, and other organizations established and operating in accordance with law (below collectively referred to as agencies and organizations), and of state titles.

2. This Decree does not regulate:

a/ The management and use of seals of enterprises which are registered and operate in accordance with the Enterprise Law and the Investment Law;

b/ Heading seals, date seals, official letter receipt seals and signature seals.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals; overseas representative missions of the Socialist Republic of Vietnam; and foreign organizations and individuals operating in Vietnam and involved in the management and use of seals.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Seal is a special device which is registered, managed and used by a competent state agency to be affixed on documents and papers of an agency or organization or a state title.

The seals regulated in this Decree include seals bearing the national emblem, seals bearing a symbol and seals bearing no symbol, which are used in forms of wet seal, embossed seal, small seal and wax seal.

2. Seal bearing the national emblem is the one which bears the national emblem of the Socialist Republic of Vietnam on its front.

3. Seal bearing a symbol is the one which bears the symbolic image of an agency or organization and is recognized by law or stipulated in a treaty to which Vietnam is a contracting party.

4. Seal bearing no symbol is the one which has no national emblem or symbolic image as defined in Clause 2 or 3 of this Article on its front.

5. Wet seal is the one which has the prescribed content of information on its front and prescribed shape and size; when it is affixed with ink on a document or paper, the content of information on its front will be imprinted on such document or paper.

6. Embossed seal is the one which has the content of information on its front identical to that on the wet seal; when it is affixed on a document or paper, the content of information on its front will be embossed on such document or paper.

7. Small seal is a smaller type of wet seal or embossed seal.

8. Wax seal is the one which has the content of information on its front identical to that on the  wet seal; when it is affixed with wax for sealing, the content of information on its front will be imprinted.

9. Seal specifications refers to the regulation on the content of information on the front of a seal and on its shape and size issued by a competent state agency.

10. Specimen seal registry is a state agency having competence to register specimen seals of agencies, organizations or state titles.

11. Specimen seal registration means the registration by a seal-using agency, organization or state title of its specimen seal with the specimen seal registry.

12. Certificate of specimen seal registration is the specimen seal registry’s document certifying that an agency or organization or a state title has registered its/his/her specimen seal before use.

13. Competent agency is the one which has power to decide on establishing, grant operation registration certificates or operation licenses to, or recognize operation of, agencies, organizations or state titles, and permit them to use seals under regulations.

14. Economic organization referred to in this Decree is an enterprise, a cooperative or a union of cooperatives established and operating in accordance with the law on notarization, lawyers, judicial assessment, insurance business, securities, or cooperatives.

Article 4. Principles of management and use of seals

1. Abiding by the Constitution and law.

2. Ensuring openness and transparency and creating favorable conditions for agencies, organizations and individuals to carry out seal procedures.

3. The registration and management of seals and permission for use of seals must satisfy the conditions prescribed in this Decree.

4. The seals prescribed in this Decree are circular and use red ink.

Article 5. Conditions for the use of seals

1. An agency or organization or a state title may use a seal only when the use of a seal is permitted in a legal document or a decision of a competent agency; and shall register the specimen seal before use.

2. The use of a seal bearing the national emblem by an organization or agency shall be stipulated in a law, an ordinance, a decree, or a prime ministerial decision defining the functions, tasks, powers and organizational structure of such organization or agency, or stipulated in a treaty to which Vietnam is a contracting party.

3. An agency or organization or a state title having the function of granting diplomas, certificates and papers stuck with photos or of sealing documents as prescribed by law may use an embossed seal, a small seal or a wax seal.

4. An agency or organization or a state title may use only one seal made according to seal specifications prescribed by a competent state agency.

In case of necessity to use an additional seal identical to the approved one (wet seal, embossed seal, small seal or wax seal), the following provisions shall be complied with:

a/ In case of using an additional wet seal, an agency or organization or a state title shall obtain permission from a competent agency;

b/ In case of using an additional embossed seal, a small seal or a wax seal, an agency or organization or a state title may decide on such use by itself/himself/herself;

c/ An economic organization may decide by itself on the use of an additional seal.

Article 6. Prohibited acts

1. Forging a seal or using a fake seal.

2. Illegally buying and selling or destroying a seal.

3. Using an invalidated seal.

4. Intentionally deforming or modifying the content of a registered specimen seal.

5. Failing to hand over a seal as decided by a competent agency or the specimen seal registry.

6. Borrowing, lending, renting, leasing, pledging or mortgaging a seal; using a seal of another agency or organization for operation.

7. Illegally seizing or appropriating a seal.

8. Using a seal without registration of its specimen.

9. Forging or tampering with the content of information on the certificate of specimen seal registration.

10. Affixing a seal on the signature of an unauthorized person.

11. Failing to comply with the seal inspection or failing to present a seal for inspection at the request of the specimen seal registry.

12. Taking advantage of assigned duties during the settlement of seal procedures to harass, trouble or infringe upon lawful rights and interests of agencies, organizations and individuals.

13. Other acts as prescribed by law.

Chapter II

SPECIFIC PROVISIONS

Section 1

SEALS BEARING THE NATIONAL EMBLEM, SEALS BEARING A SYMBOL, AND SEALS BEARING NO SYMBOL

Article 7. Agencies, organizations or state titles using seals bearing the national emblem

1. The President, Chairperson of the National Assembly, Prime Minister, and Secretary General of the National Assembly.

2. The National Assembly, Standing Committee of the National Assembly, National Election Council, Ethnic Council and Committees of the National Assembly, agencies of the Standing Committee of the National Assembly, Office of the National Assembly, State Audit Office of Vietnam, and National Assembly deputies’ delegations of provinces and centrally run cities.

3. The Government, ministries, ministerial-level agencies, government-attached agencies, Ho Chi Minh National Academy of Politics, and general departments or equivalent units.

4. The Office of the President.

5. The Supreme People’s Court, superior people’s courts, people’s courts of provinces and centrally run cities, people’s courts of districts, towns and provincial cities and the equivalent, Central Military Court, military courts of military zones and the equivalent, and regional military courts.

6. The Supreme People’s Procuracy, superior people’s procuracies, people’s procuracies of provinces and centrally run cities, people’s procuracies of districts, towns and provincial cities and the equivalent, Central Military Procuracy, military procuracies of military zones and the equivalent, and regional military procuracies.

7. People’s Councils and People’s Committees at all levels.

8. The civil judgment enforcement management agency of the Ministry of Justice, judgment enforcement management agency of the Ministry of National Defense, provincial-level civil judgment enforcement agencies, district-level civil judgment enforcement agencies, and judgment enforcement agencies of military zones and the equivalent.

9. Embassies, consular divisions under embassies, consulates general, consulates, honorary consuls general, honorary consuls, permanent delegations, delegations, permanent observers missions, and agencies with other names performing the representative functions of the State of Vietnam at inter-governmental international organizations or in foreign territories.

10. The State Commission for Overseas Vietnamese, National Border Committee, Consular Department, Directorate of State Protocol, and Ho Chi Minh City Department of External Relations directly attached to the Ministry of Foreign Affairs.

11. Other agencies which have state management functions and are permitted to use a seal bearing the national emblem as prescribed in Clause 2, Article 5 of this Decree.

Article 8. Agencies and organizations using seals bearing a symbol or bearing no symbol

1. Agencies and organizations within the organizational structure of ministries, ministerial-level agencies, government-attached agencies, Standing Committee of the National Assembly (except the agencies specified in Article 7 of this Decree), Office of the National Assembly, State Audit Office of Vietnam, and Ho Chi Minh National Academy of Politics.

2. Agencies within the organizational structure of ministries and central sectors in localities.

3. Agencies and organizations within the organizational structure of the Supreme People’s Court, superior people’s courts, people’s courts of provinces and centrally run cities, people’s courts of districts, towns and provincial cities and the equivalent, Central Military Court, military courts of military zones and the equivalent, and regional military courts.

4. Agencies and organizations within the organizational structure of the Supreme People’s Procuracy, superior people’s procuracies, people’s procuracies of provinces and centrally run cities, people’s procuracies of districts, towns and provincial cities and the equivalent, Central Military Procuracy, military procuracies of military zones and the equivalent, and regional military procuracies.

5. Investigation agencies of the People’s Public Security force, People’s Army and Supreme People’s Procuracy.

6. Criminal judgment enforcement management agencies of the Ministry of Public Security and the Ministry of National Defense; prisons and detention camps of the Ministry of Public Security and the Ministry of National Defense; prisons of military zones; detention camps of military zones; detention camps of provincial-level Public Security Departments; criminal judgment enforcement agencies of provincial-level Public Security Departments; criminal judgment enforcement agencies of district-level Public Security Divisions; and criminal judgment enforcement agencies of military zones and the equivalent.

7. Military commands of ministries and central sectors; and grassroots military command organizations.

8. Offices of provincial-level People’s Councils.

9. Specialized agencies and non-business organizations of provincial- and district-level People’s Committees.

10. Agencies within the organizational structure of the Communist Party of Vietnam, Vietnam Fatherland Front, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, religious organizations, social funds, charity funds, and non-governmental organizations that are established or have operation licenses granted by competent agencies.

11. Foreign organizations that do not have diplomatic functions and lawfully operate in Vietnam.

12. Enterprises, cooperatives and unions of cooperatives; branches and representative offices of enterprises, cooperatives and unions of cooperatives which are established and operate in accordance with the law on notarization, lawyers, judicial assessment, insurance business, securities, or cooperatives.

13. Organizations directly attached to enterprises, cooperatives and unions of cooperatives which are established and operate in accordance with law.

14. Provincial-, district- and commune-level election committees, boards for election of National Assembly deputies, boards for election of provincial-level People’s Council deputies, boards for election of district-level People’s Council deputies, boards for election of commune-level People’s Council deputies, and election teams;

15. Other organizations that are established or have operation licenses granted by competent agencies and are permitted to use seals as prescribed in Article 5 of this Decree.

Section 2

SEALS OF FOREIGN AGENCIES AND ORGANIZATIONS IN VIETNAM

Article 9. Seals of diplomatic missions of foreign countries

Before using seals, diplomatic missions, consulates, and representative missions of international organizations in Vietnam, consular sections, military attaché sections and other sections within diplomatic missions of foreign countries in Vietnam shall notify their specimen seals to the Ministry of Foreign Affairs of Vietnam.

Article 10. Seals of foreign organizations without diplomatic functions

1. Foreign organizations without diplomatic functions may bring their seals from their countries into Vietnam for use. These seals may neither use the images, symbols and names of the State of Vietnam and Vietnamese agencies and organizations nor violate the historical, cultural and ethical traditions and fine customs of the Vietnamese nation. Before using these seals, foreign organizations shall register their specimen seals with the specimen seal registry specified in Article 12 of this Decree, and compile a dossier for specimen seal registration as prescribed in Clause 10, Article 13 of this Decree.

2. In case a foreign organization does not bring its seal into Vietnam and wishes to make its seal in Vietnam, it shall carry out the procedures for specimen seal registration at the specimen seal registry specified in Article 12 of this Decree and compile a dossier for specimen seal registration as prescribed in Clause 10, Article 13 of this Decree.

Section 3

REGISTRATION OF SPECIMEN SEALS; RECOVERY, CANCELLATION AND INVALIDATION OF SEALS

Article 11. Order and procedures for submission and receipt of dossiers and notification of results

1. An agency or organization or a state title shall submit 1 dossier to request the settlement of seal procedures as prescribed in Article 13, 14, 15, 16 or 17 of this Decree to the specimen seal registry specified in Article 12 of this Decree in one of the following forms:

a/ Submitting the dossier directly at the dossier receipt section of the specimen seal registry;

b/ Submitting the dossier via the e-portal of the specimen seal registry (except documents and papers which may not be published via the network as prescribed by law).

2. The dossier recipient shall check the information, documents and papers in the dossier and implement the following provisions:

a/ If the dossier is valid, he/she shall issue a dossier receipt specifying the date of dossier receipt and the date of notification of the result, and hand it over to the person who is assigned to submit the dossier by the agency, organization or state title;

b/ If the dossier is incomplete, he/she shall promptly notify such and instruct the agency, organization or state title how to complete the dossier.

c/ If the dossier does not meet the conditions prescribed in Article 5 of this Decree, the specimen seal registry shall issue a written reply on its refusal to process the dossier to the organization or agency within the time limit referred to in Clause 7 of this Article;

d/ For a dossier submitted via the e-portal, the dossier recipient shall notify the dossier processing result for the cases specified at Points a, b and c, Clause 2 of this Article by email to the dossier-submitting agency, organization or individual.

3. The person assigned to submit a dossier shall present a letter of introduction or letter of authorization together with his/her valid citizen or people’s identity card or passport.

4. Documents and papers in a dossier must be the originals or certified copies or copies accompanied by the originals for comparison in accordance with law.

5. When an agency or organization or a state title submits a dossier for change or re-grant of a certificate of specimen seal registration, it/he/she shall present the previously registered seal to the agency that has granted the certificate for checking and registration under regulations.

6. For a foreign organization that brings its seal into Vietnam for use, when submitting a dossier, it shall present such seal to the specimen seal registry for checking and registration under regulations.

7. Within 3 working days after receiving a dossier, the specimen seal registry shall notify the result of the new specimen seal registration, seal re-registration, additional seal registration or embossed seal, small seal or wax seal registration, and grant, change or re-grant of a certificate of specimen seal registration.

Article 12. Specimen seal registry

1. The Police Department on Administrative Management of Social Order under the General Department of Police of the Ministry of Public Security shall register specimen seals and grant, change and re-grant certificates of specimen seal registration for the following agencies, organizations and state titles:

a/ The President, Chairperson of the National Assembly, Prime Minister, and Secretary General of the National Assembly;

b/ The National Assembly, Standing Committee of the National Assembly, National Election Council, Ethnic Council and Committees of the National Assembly, and Office of the President;

c/ The Government, ministries, ministerial-level agencies, government-attached agencies, Office of the National Assembly, agencies of the Standing Committee of the National Assembly, State Audit Office of Vietnam, Ho Chi Minh National Academy of Politics, and their subordinate units;

d/ The Supreme People’s Procuracy, superior people’s procuracies and their subordinate units;

dd/ The Supreme People’s Court, superior people’s courts and their subordinate units;

e/ The civil judgment enforcement management agency of the Ministry of Justice, criminal judgment enforcement management agency of the Ministry of Public Security; prisons and detention camps of the Ministry of Public Security, and their subordinate units;

g/ The investigation security agency and investigation police agency of the Ministry of Public Security, investigation agency of the Supreme People’s Procuracy, and their subordinate units;

h/ Military commands of ministries and central sectors;

i/ Agencies within the organizational structure of the Communist Party of Vietnam, Vietnam Fatherland Front, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, religious organizations, social funds, charity funds, and non-governmental organizations that are established or have operation licenses granted by competent central agencies, and their subordinate organizations;

k/ Economic organizations established or having operation registration certificates or operation licenses granted by competent central agencies, and their subordinate organizations;

l/ Embassies, consular divisions under embassies, consulates general, consulates, honorary consuls general, honorary consuls, permanent delegations, delegations, permanent observers missions and other agencies performing the representative functions of the State of Vietnam at inter-governmental international organizations or in foreign territories;

m/ Foreign organizations which do not have diplomatic functions and have operation licenses granted by competent central agencies;

n/ Other organizations established or having operation licenses granted by competent central agencies;

2. The Police Divisions on Administrative Management of Social Order of the Public Security Departments of provinces and centrally run cities shall register specimen seals, and grant, change and re-grant certificates of specimen seal registration for the following agencies and organizations:

a/ People’s Councils and People’s Committees at all levels, National Assembly deputies’ delegations, Offices of National Assembly deputies’ delegations of provinces and centrally run cities; and Offices of provincial-level People’s Councils;

b/ Agencies within the organizational structure of ministries and central sectors in localities;

c/ People’s procuracies of provinces and centrally run cities; people’s procuracies of districts, towns, provincial cities and the equivalent, and their subordinate units;

d/ People’s courts of provinces and centrally run cities; people’s courts of districts, towns, provincial cities and the equivalent, and their subordinate units;

dd/ Public Security Departments of provinces and centrally run cities; Fire Prevention and Fighting Police Departments of provinces and centrally run cities; Public Security Divisions of districts, towns and provincial cities; public security agencies of communes, wards and townships, and their subordinate units;

e/ Criminal judgment enforcement agencies of provincial-level Public Security Departments; criminal judgment enforcement agencies of district-level Public Security Divisions, detention camps of provincial-level Public Security Departments, and their subordinate units;

g/ Investigation security agencies and investigation police agencies of provincial-level Public Security Departments; investigation police agencies of district-level Public Security Divisions, and their subordinate units.

h/ Commune-level military commands and military commands of agencies and organizations at grassroots level;

i/ Provincial- and district-level civil judgment enforcement agencies;

k/ Specialized agencies and non-business organizations directly attached to provincial- and district-level People’s Committees, and their subordinate units;

l/ Agencies within the organizational system of the Communist Party of Vietnam, Vietnam Fatherland Front, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, religious organizations, social funds, charity funds, and non-governmental organizations that are established or have operation licenses granted by competent local agencies, and their subordinate organizations;

m/ Economic organizations established or having operation registration certificates or operation licenses by competent local agencies, and their subordinate organizations;

n/ Foreign organizations which do not have diplomatic functions and have operation licenses granted by competent local agencies;

o/ Provincial-, district- and commune-level election committees, boards for election of National Assembly deputies, boards for election of provincial-level People’s Council deputies, boards for election of district-level People’s Council deputies, boards for election of commune-level People’s Council deputies, and election teams;

p/ Other organizations established or having operation licenses granted by competent local agencies;

q/ A number of cases as authorized by the specimen seal registry specified in Clause 1 of this Article.

Article 13. Dossier for registration of new specimen seal

1. For an agency or organization or a state title using a seal bearing the national emblem, the dossier must comprise the establishment decision or document defining its organization and operation issued by a competent agency.

2. For an agency with state management functions or a specialized agency, the dossier must comprise the establishment decision or document defining its organization and operation issued by a competent agency.

3. For a non-business organization, a dossier must comprise:

a/ The establishment decision or document defining its organization and operation issued by a competent agency;

b/ The operation license issued by a competent agency, for an organization required to register its field of operation in accordance with law.

4. For the Vietnam Fatherland Front or socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, social funds, charity funds or non-governmental organizations, a dossier must comprise:

a/ The establishment decision or operation license issued by a competent agency;

b/ The operation charter approved by a competent agency.

5. For organizations directly attached to the Vietnam Fatherland Front or socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, social funds, charity funds or non-governmental organizations, a dossier must comprise:

a/ The establishment decision or operation license issued by a competent agency;

b/ The document defining the organization and operation issued by a competent agency in accordance with law;

c/ The operation license issued by a competent agency, for organizations required to register their field of operation in accordance with law.

6. For a religious organization, a dossier must comprise the decision on recognition of the organization issued by a competent agency.

7. For organizations directly attached to a religious organization, a dossier must comprise:

a/ The decision of the religious organization on establishing the attached religious organization;

b/ A document issued by a competent agency approving the establishment of the attached religious organization;

c/ The operation license granted by a competent agency, for organizations required to register their field of operation in accordance with law;

8. For enterprises, cooperatives or unions of cooperatives or their branches or representative offices, a dossier must comprise the operation and establishment license or operation registration certificate or operation license issued by a competent agency in accordance with law.

9. For organizations directly attached to enterprises, cooperatives or unions of cooperatives which are established and operate in accordance with law, a dossier must comprise:

a/ The establishment decision issued by a competent agency;

b/ The operation license issued by a competent agency, for organizations required to register their field of operation in accordance with law.

10. For foreign organizations having no diplomatic functions and lawfully operating in Vietnam, a dossier must comprise the operation license issued by a competent Vietnamese agency.

11. For other organizations established and operating in accordance with law, a dossier must comprise the establishment decision or operation license issued by a competent agency.

Article 14. Dossier for registration of embossed seal, small seal or wax seal

The document defining the registering agency’s, organization’s or state title’s function of granting diplomas, certificates and papers stuck with photos or of sealing documents, issued by a competent agency.

Article 15. Dossier for re-registration of specimen seal

1. For agencies, organizations or state titles whose seals are deformed, worn-out or damaged or whose seal material is changed, a dossier must comprise a written request for re-registration of specimen seal, made by the agency, organization or state title that uses the seal, clearly stating the reason.

2. For agencies, organizations or state titles that have a change in organization or name, a dossier must comprise:

a/ A written request for re-registration of specimen seal, made by the agency, organization or state title that uses the seal, clearly stating the reason;

b/ Decision on change in organization or name of the agency, organization or state title, issued by a competent agency.

3. For agencies, organizations or state titles that lose their seals, a dossier must comprise:

a/ A written request for re-registration of specimen seal, made by the agency, organization or state title that uses the seal, clearly stating the reason and bearing the certification of the immediate superior agency or a competent agency;

b/ The granted certificate of specimen seal registration.

Article 16. Dossier for registration of additional seal

1. For agencies, organizations or state titles registering an additional wet seal, a dossier must comprise the written permission for use of an additional wet seal, issued by a competent agency.

2. For agencies, organizations or state titles registering an additional embossed seal, small seal or wax seal, a dossier must comprise a written request for registration of additional seal, made by the head of the agency, organization or state title.

3. For economic organizations registering an additional embossed seal, small seal or wax seal, a dossier must comprise a written request for registration of additional seal, made by the head of the economic organization.

Article 17. Dossier for change or re-grant of a certificate of specimen seal registration

A written request for change or re-grant of a certificate of specimen seal registration, made by the agency, organization or state title, clearly stating the reason.

Article 18. Handover, recovery, cancellation and invalidation of seals

1. An agency or organization or a state title shall hand over its seal to the specimen seal registry specified in Article 12 of this Decree in the following cases:

a/ The specimen seal is re-registered due to the seal’s deformation, wear-out, damage or change of material or due to a change in organization or name of the agency, organization or state title;

b/ There is a decision on division, separation, merger, consolidation, dissolution, operation termination or task completion issued by a competent agency;

c/ There is a decision on revocation of the establishment and operation license, operation registration certificate or operation license issued by a competent agency;

d/ The lost seal has been found after it is invalidated;

dd/ There is a decision on operation suspension or termination issued by a competent agency;

e/ The cases specified in Clauses 1, 2, 3, 4, 5, 6, 7 and 8, Article 6 of this Decree.

2. The handover, recovery, cancellation and invalidation of seals shall be carried out as follows:

a/ For the case specified at Point a, Clause 1 of this Article, before receiving the new seal, the agency, organization or individual shall hand over its/his/her registered seal to the specimen seal registry for cancellation under regulations;

b/ For the case specified at Points b and c, Clause 1 of this Article, the agency, organization or individual shall hand over its/his/her seal to the agency that has issued the certificate of specimen seal registration within the time limit specified in the decision of a competent agency for cancellation under regulations.

In case an agency, organization or individual fails to hand over its/his/her seal under regulations, the agency that has issued the certificate of specimen seal registration shall issue a decision on invalidation of the seal;

c/ For the case specified at Point d, Clause 1 of this Article, immediately after finding the lost seal, the agency, organization or individual shall hand it over to the agency that has issued the certificate of specimen seal registration for cancellation under regulations.

d/ For the case specified at Point dd, Clause 1 of this Article, the agency, organization or individual shall hand over its/his/her seal to the agency that has issued the certificate of specimen seal registration within the time limit specified in the decision issued by a competent agency, particularly as follows:

The agency that recovers the seal shall seal up and manage such seal. When the agency or organization receives a decision permitting it to resume operation, the agency that has recovered the seal shall return it to such agency or organization for use under regulations.

In case the agency, organization or individual fails to hand over its seal under regulations, the agency that has issued the certificate of specimen seal registration shall issue a decision on invalidation of the seal.

In case the agency issuing the certificate of specimen seal registration has issued a decision on invalidation of the seal but later the agency or organization whose operation is suspended or terminated is permitted to resume operation, such agency or organization shall re-register its specimen seal under regulations before using the seal;

dd/ For the cases specified in Clauses 1, 2, 3, 4 and 5, Article 6 of this Decree, when detecting any violation committed by an agency, organization or individual, the specimen seal registry shall recover and cancel its/his/her seal under regulations.

In case an agency, organization or individual violates the provisions of Clauses 2, 3, 4 or 5, Article 6 of this Decree, the specimen seal registry shall issue a decision on invalidation of its/his/her seal;

e/ For the case specified in Clause 6, Article 6 of this Decree, when detecting any violation committed by an agency, organization or individual, the agency that has issued the certificate of specimen seal registration shall issue a notice requesting such agency, organization or individual to hand over its/his/her seal and shall recover the seal.

In case an agency, organization or individual fails to hand over its/his/her seal, the specimen seal registry shall issue a decision on invalidation of the seal. After the specimen seal registry has invalidated the seal, such agency, organization or individual, if permitted to use the seal, shall re-register its/his/her specimen seal for use under regulations.

g/ For the case specified in Clause 7, Article 6 of this Decree, when detecting any violation committed by an agency, organization or individual, the agency that has issued the certificate of specimen seal registration shall issue a notice requesting the handover of the seal for handling under regulations.

In case an agency, organization or individual fails to hand over his/her/its seal, the agency that has issued the certificate of specimen seal registration shall issue a decision on invalidation of the seal that has been illegally seized or appropriated, and re-register the specimen seal for the seal-using agency or organization under regulations.

h/ For the case specified in Clause 8, Article 6 of this Decree, when detecting any violation committed by an agency, organization or individual, the specimen seal registry shall issue a notice requesting the handover of the seal and recover the seal under regulations.

In case the agency, organization or individual fails to hand over its/his/her seal, the specimen seal registry shall deal with this case under regulations.

3. The handover of seals by the agencies specified in Clause 9, Article 7 of this Decree shall be decided by the Ministry of Foreign Affairs which shall send a document to the Ministry of Public Security on the deadline for handover of seals for recovery and cancellation under regulations.

Chapter III

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN MANAGEMENT AND USE OF SEALS

Article 19. Responsibilities of the Ministry of Public Security

1. To assist the Government in performing the unified state management of seals on a national scale; to submit to the Government for promulgation or promulgate according to its competence legal documents guiding the implementation of regulations on management and use of seals.

2. To unify regulations on seal specifications for agencies, organizations and state titles and on forms to be used in the registration and management of seals; to manage and guide seal production activities.

3. To guide and disseminate the law on management and use of seals.

4. To guide, examine, inspect, settle complaints and denunciations, and handle violations in the management and use of seals.

5. To prevent, detect, stop and combat acts of violation of the law on management and use of seals.

6. To coordinate with the Party Central Committee’s Organization Commission in guiding the registration, management and use of seals of agencies within the organizational system of the Communist Party of Vietnam.

7. To coordinate with the Ministry of Information and Communications, the Ministry of Finance, and the Ministry of Planning and Investment in studying the application of information technology, developing a database on management of seals, and allocating funds for implementing the project on the database on management of seals.

8. To summarize and report on the reality and results of registration and management of seals.

Article 20. Responsibilities of the specimen seal registry

1. To receive dossiers for registration of new specimen seal, re-registration of specimen seal, registration of additional seal, or registration of embossed seal, small seal or wax seal; to grant, change and re-grant certificates of specimen seal registration made according to Form No. 01 in the Appendix to this Decree.

2. To recover seals and certificates of specimen seal registration, cancel and invalidate seals, and grant certificates of seal recovery made according to Form No. 02 in the Appendix to this Decree.

3. To issue notices of invalidation of seals in case of seal loss.

4. To provide specimen seals at the request of the People’s Public Security force’s criminal technique assessment organizations to serve criminal assessment in accordance with law.

5. To guide the seal production under regulations.

6. To guide, inspect, and handle violations of the law on management and use of seals.

Article 21. Responsibilities of relevant ministries

1. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, reporting to the Prime Minister for consideration and permission the retention of expired seals of a number of agencies, organizations or state titles for archive and historical research.

2. The Ministry of National Defense shall coordinate with the Ministry of Public Security in stipulating seal specifications, seal carving organizations, and registration and management of seals of agencies and units at all levels in the Vietnam People’s Army.

3. The Ministry of Foreign Affairs shall receive notices of specimen seals of diplomatic missions of foreign countries as prescribed in Article 9 of this Decree.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, stipulating the collection, payment, management and use of charges and fees for specimen seal registration under regulations.

Article 22. Responsibilities of People’s Committee at all levels

1. To organize within the ambit of their tasks and powers the dissemination of and education about the law on registration and management of seals.

2. To organize the implementation of the law on management and use of seals.

Article 23. Responsibilities of agencies competent to decide on the establishment or grant of operation registration certificates or operation licenses or recognition of operation of agencies, organizations or state titles

1. When issuing establishment decisions or granting operation registration certificates or operation licenses or recognizing operation and permitting the use of seals of agencies, organizations or state titles, competent agencies shall comply with the provisions of law.

2. When issuing decisions on division, separation, merger, consolidation, dissolution, operation termination or task completion; decisions on change of organization or name; decisions on revocation of operation registration certificates or operation licenses; or decisions on operation suspension or termination, competent agencies shall indicate a time limit in such decisions for the agencies, organizations or state titles concerned to hand over their seals to the agency that has issued the certificates of specimen seal registration, and concurrently send the decisions to the agency that has granted the certificates of specimen seal registration for recovery of the seals under regulations.

3. Competent agencies shall coordinate with the specimen seal registry specified in Article 12 of this Decree in examining, inspecting, settling complaints and denunciations, and handling violations in the management and use of seals.

Article 24. Responsibilities of agencies, organizations and individuals in the use of seals

1. The state titles and heads of agencies and organizations specified in Articles 7 and 8 of this Decree shall manage, and inspect the management and use of, seals, and issue regulations on management and use of seals of their agencies or organizations.

2. To register their specimen seals and notify them to relevant agencies and organizations before use.

3. To comply with the inspection and instructions of the specimen seal registry.

4. To hand over their seals and certificates of specimen seal registration subject to recovery as prescribed by law.

5. The seals shall be closely managed at the head offices of agencies and organizations; only the state titles and heads of agencies and organizations may decide on bringing their seals outside their head offices for work performance.

6. The affixing of seals on documents and papers must comply with regulations.

7. In case of loss of seals, to inform in writing within 2 days after detecting the loss to the agency that has issued the certificates of specimen seal registration and to the Public Security agency of the commune, ward or township where the seal is lost.

8. Agencies and organizations that undergo division, separation, merger, consolidation, dissolution or operation termination, have their operation registration certificates or operation licenses revoked, or are forced to suspend or terminate their operation shall hand over their seals and the issued certificates of specimen seal registration to the agency that has issued such certificates under regulations.

9. If the seal of an agency or organization is deformed, worn out or damaged or there is change in its organization or name, such agency or organization shall re-register the specimen seal and hand over the seal and the issued certificate of specimen seal registration to the specimen seal registry.

10. If its certificate of specimen seal registration is lost or damaged, an agency or organization shall carry out the procedures for its re-grant or for change of the certificate and return the issued certificate to the specimen seal registry.

11. When an agency or organization or a state title wishes to retain its invalidated seal for archive or historical research, it/he/she shall send a written request to the Ministry of Home Affairs for reporting to the Prime Minister for consideration and decision.

12. The printing of specimen seals of agencies, organizations or state titles for the purpose of work shall be regulated in the legal documents concerning that area of work.

Article 25. Inspection of management and use of seals

1. Form of inspection

a/ Periodical inspection

Periodical inspection shall be conducted no more than once a year. Before conducting inspection, the agency with inspecting competence shall issue a notice 3 working days in advance to the to-be-inspected agency, organization or state title of the time and content of inspection and composition of the inspection team.

b/ Irregular inspection

Irregular inspection shall be conducted when an agency or organization or a state shows signs of violation of law in using its/his/her seal or when there is a written complaint or denunciation relating to the management and use of seals. The agency with inspecting competence shall announce the reason upon inspection. The officer assigned to conduct the inspection shall present a letter of introduction issued by the agency with inspecting competence.

2. Inspecting competence

a/ The Police Department of Administrative Management of Social Order has the competence to inspect the management and use of seals by the agencies, organizations or state titles under its competence to register specimen seals;

b/ The Police Divisions of Administrative Management of Social Order of Public Security Departments of provinces and centrally run cities have the competence to inspect the management and use of seals by the agencies, organizations or state titles under their competence to register specimen seals.

3. The agency with inspecting competence shall make inspection plans on management and use of seals of the agencies, organizations or state titles before conducting inspection.

4. The agencies, organizations or state titles to be inspected shall prepare all contents for inspection as notified and arrange competent and responsible persons to work with inspectors upon receiving a notice of seal inspection.

5. A periodical inspection or an irregular inspection of management and use of seals shall be recorded in writing under regulations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 26. Effect

1. This Decree takes effect on July 1, 2016.

2. This Decree replaces the Government’s Decree No. 58/2001/ND-CP of August 24, 2001, on management and use of seals, and Decree No. 31/2009/ND-CP of April 1, 2009, amending and supplementing a number of articles of Decree No. 58/2001/ND-CP.

Article 27. Transitional provisions

1. If the seal of an agency or organization or a state title has been registered and the certificate of specimen seal registration has been issued according to Decree No. 58/2001/ND-CP and it still conforms with the provisions in this Decree, such agency, organization or state title shall not be required to carry out the procedures for re-registration of specimen seal, or grant, change or re-grant of certificate of specimen seal registration.

2. An agency or organization or a state title that is carrying out the procedures for specimen seal registration under Decree No. 58/2001/ND-CP when this Decree takes effect shall still follow the provisions of Decree No. 58/2001/ND-CP.

Article 28. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.