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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
58/2001/ND-CP
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Hanoi,
August 24, 2001
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DECREE
ON THE MANAGEMENT
AND USE OF SEALS
THE GOVERNMENT
Pursuant to the Law on Organization of the Government
of September 30, 1992;
At the proposals of the Minister-Head of the Government Commission for
Organization and Personnel and the Minister of Public Security,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Seals are used
in the State agencies, political organizations, socio-political organizations,
socio-professional organizations, mass organizations, economic organizations,
armed force units, foreign agencies and organizations operating in Vietnam
(hereinafter called agencies and organizations for short) and by a number of
State titles. Seals represent legal status of agencies, organizations and State
titles and affirm the legal validity of their documents and papers. Seals shall
be managed according to the provisions of this Decree.
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Title seals, date seals, official dispatch
receipt seals and signature certification seals shall not be subject to this
Decree.
Article 3.- The following
agencies, organizations and State titles shall be entitled to use seals bearing
the national emblem:
1. The National Assembly Standing Committee, the
National Assembly’s Council of Nationalities and Commissions, the National
Assembly Office, the National Assembly delegations of the provinces and
centrally-run cities;
2. The State President, the National Assembly’s
Chairman, the Prime Minister;
3. The Government, the ministries, the
ministerial-level agencies and the agencies attached to the Government;
4. The Office of the State President;
5. The Supreme People’s Procuracy, the local People’s
Procuracies, the Military Procuracies;
6. The Supreme People’s Court, the local
People’s Courts, the Military Courts and other courts prescribed by law;
7. The People’s Councils and People’s Committees
of all levels;
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9. The notary public offices of the provinces and
centrally-run cities;
10. The representations of the Socialist
Republic of Vietnam abroad, including the diplomatic missions, permanent
representative missions at the inter-governmental international organizations
and consular offices (including honorable consulates), representative offices
performing the function of representing the Vietnamese State in relations with
host countries or international organizations within the ambit of their
respective tasks and powers prescribed by law;
11. The bodies under the Ministry for Foreign
Affairs: the Consular Department, the Protocol Department, the Committee for
Overseas Vietnamese and the municipal Foreign Affair Service of Ho Chi Minh
City;
12. A number of other organizations permitted by
the Prime Minister.
Article 4.- The following
agencies and organizations shall be entitled to use seals without the national
emblem thereon:
1. Agencies and organizations that have the
legal person status and belong to organizational structure of the ministries,
ministerial-level agencies and agencies attached to the Government;
2. Agencies and organizations that have the
legal person status and belong to organizational structure of the People’s
Procuracy, Military Procuracy, People’s Court and Military Court of all levels;
3. Professional bodies and public-service
organizations attached to the People’s Committees of the provincial or district
levels;
4. Political organizations, socio-political
organizations, socio-professional organizations, friendship associations,
charity organizations, social relief societies, social funds, charity funds;
and other non-governmental organizations, which are established under the
competent State agencies’ permission or granted operation licenses;
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6. Economic organizations defined by the Law on
State Enterprises, the Law on Enterprises, the Law on Foreign Investment in
Vietnam, the Law on Domestic Investment Promotion, the Law on Cooperatives; and
other economic organizations prescribed by law; as well as attached units,
branches and representative offices of these economic organizations;
7. A number of other organizations, which are
permitted by the State agencies competent to establish them;
8. Foreign agencies and organizations lawfully
operating in Vietnam.
Chapter II
PROVISIONS ON MANAGEMENT AND USE OF SEALS BY AGENCIES
AND ORGANIZATIONS ENTITLED TO USE SEALS
Article 5.- The State
titles, the chiefs or heads of the agencies and organizations defined in
Articles 3 and 4 of this Decree shall have to manage and inspect the
preservation and use of seals of their respective agencies and organizations
strictly according to the functions and powers provided for by law.
Article 6.- The management
and use of seals must comply with the following regulations:
1. Each agency, organization or State title
defined in Articles 3 and 4 of this Decree shall be entitled to use only one
seal. In cases where it needs another seal with a content identical to the
first seal, it must obtain a written consent of the agency competent to
establish it and such second seal must bear specific marks to distinguish it
from the first one;
The agencies and organizations with function of issuing
diplomas, certificates, people�s identity cards or visas stuck with photos may
additionally make embossed seals and/or small seals in service of their
professional operations, provided that it is permitted by competent authorities
and the contents inscribed on such seals must be the same as those on the wet
seals they are entitled to use.
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3. The affixture of seals on documents and
papers of all kinds must strictly comply with the provisions of law.
4. Heads of agencies and organizations shall
have to manage and use the seals of their respective agencies and
organizations.
Seals must be kept at the head offices of
agencies and organizations and strictly managed. In cases where it is really
necessary to settle working affairs fair away from their agencies’ or
organizations’ head offices, the heads of such agencies or organizations may
carry along the seals and shall be responsible for the carrying of seals out of
their agencies or organizations.
5. Ink for all seals shall be red one.
6. In cases where its seal is lost, an agency or
organization shall have to promptly report the loss to the nearest police
office and the police office that has already granted seal specimen
registration certificate, and at the same time announce the cancellation of the
lost seal.
7. For seals in use, which are worn or damaged
or in cases where the organizations that have such seals are reorganized or
renamed, such organizations shall have to carry out the procedures for
engraving new seals and returning the old ones.
8. Agencies and organizations using seals must
create conditions for the competent agencies to inspect the observance of
regulations on management and use of seals.
Article 7.- When agencies
and organizations defined in Articles 3 and 4 of this Decree are subject to
effective decisions on separation, split-up, merger, dissolution or
discontinuation of assigned tasks, the heads of such agencies and organizations
shall have to recover and submit the seals to the police offices that have
granted seal specimen registration certificates.
In case of temporary suspension of the use of
seals, the agencies or organizations competent to issue establishment decisions
and permit the use of seals shall have to recover such seals and notify the
police offices that have permitted the seal engraving and the concerned
agencies thereof.
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COMPETENCE TO PRESCRIBE SEAL SPECIMENS, PROCEDURES FOR
SEAL ENGRAVING, GRANTING OF SEAL ENGRAVING PERMITS AND REGISTRATION OF SEAL
SPECIMENS
Article 8.- The Ministry of
Public Security shall uniformly prescribe the specimens of seals of all types
and the engraving of symbols or foreign languages on seals; grant seal
engraving permits, keep seal specimens and grant seal specimen registration
certificates; manage the seal engraving activities; inspect the management and
use of seals and carry out other works according to the provisions of this
Decree.
Article 9.- The competence
to grant seal engraving permits, seal specimen registration certificates and
seal specimen deposit registration certificates is provided for as follows:
1. The General Police Department under the
Ministry of Public Security shall grant seal engraving permits, carry out the
seal specimen registration and grant seal specimen registration certificates to
the State titles, agencies and organizations attached to the ministries,
ministerial-level agencies, agencies attached to the Government, political
organizations and socio-political organizations at the central level; grant
seal engraving permits to the diplomatic missions and representative missions
to Vietnam-based foreign inter-governmental organizations; grant permits for
bringing seals into Vietnam for use by other foreign agencies and organizations
without the diplomatic function, which are lawfully operating in Vietnam.
2. The police offices of the provinces and
centrally-run cities shall grant seal engraving permits, carry out the seal
specimen registration and grant seal specimen registration certificates to
local agencies and organizations, a number of the central agencies and
organizations located in their localities according to the responsibility
assignment by the Ministry of Public Security; carry out the seal specimen
registration and grant seal specimen registration certificates to other foreign
agencies and organizations which are not diplomatic missions but have already
been permitted to bring their seals into Vietnam for use.
Article 10.- Procedures and
dossiers of application for seal engraving permits:
1. For the State titles, agencies and
organizations, which are entitled to use seals bearing the national emblem,
professional bodies, public-service organizations, political organizations,
socio-political organizations, non-governmental organizations:
a/ For agencies, organizations and State titles,
professional bodies and public-service organizations:
There must be decisions on their establishment
according to regulations on each type of agency or organization. In cases where
decisions do not contain provisions permitting the concerned agencies and
organizations to use seals, such agencies and organizations must obtain written
permission for use of seals from the agencies competent to establish them.
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They must have "Charter on organization and
operation" already approved by the competent authorities; particularly,
scientific organizations must have "Operation registration
certificate".
2. For economic organizations:
a/ They must have business registration
certificates or operation registration certificates, investment licenses,
branch setting up licenses; contracting licenses, licenses for setting up
representative offices in Vietnam (for joint venture economic organizations,
foreign-invested enterprises).
b/ Economic organizations being State
enterprises or enterprises of political organizations and socio-political organizations,
apart from the papers prescribed at Point a, Clause 2 of this Article, must
obtain establishment decisions from the competent agencies.
3. In cases where agencies, organizations or
State titles wish to engrave new seals in replacement of their own ones, which
have been lost, worn or damaged, they shall have to send their written dossiers
justifying reasons for and requesting the engraving of new seals to the police
offices, without having to make any other papers.
4. Within 7 days after the prescribed dossiers
of agencies and organizations are received, the police offices shall grant seal
engraving permits and recommend seal engraving establishments to them according
to regulations.
Article 11.-
1. The diplomatic missions, consular offices and
representative offices of inter-governmental international organizations in
Vietnam; consular sections, military attachÐ sections, other sections under
foreign diplomatic missions in Vietnam shall, before using their own seals,
have to announce and register seal specimens at Vietnam’s Ministry for Foreign
Affairs.
2. Other foreign agencies and non-governmental
international organizations having their representatives in Vietnam that wish
to bring seals from abroad into Vietnam for use, shall have to carry out the
procedures for registering seal specimens at Vietnam’s Ministry of Public
Security.
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Chapter IV
COMMENDATION, REWARD AND HANDLING OF VIOLATIONS
Article 12.- Agencies,
organizations and individuals that record achievements in the implementation of
regulations on management and use of seals, shall be commended and/or rewarded
according to the State’s common regulations.
Article 13.- Persons who
commit acts of violating the regulations on management and use of seals shall,
depending on the nature and seriousness of their violations, be disciplined,
administratively sanctioned or examined for penal liability.
Chapter V
IMPLEMENTATION PROVISIONS
Article 14.-
1. Basing themselves on the provisions of this
Decree, the Minister of Defense and the Minister of Public Security shall
specify the seal specimens, the management and use of seals of all kinds in the
People’s Army and the People’s Police Forces.
2. The Ministry of Public Security shall
coordinate with the Government Commission for Organization and Personnel,
political organizations and socio-political organizations in uniformly
prescribing the seal specimens and the management and use of seals in the
systems of such organizations.
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4. The management and use of seals by agencies
and organizations for their external affair activities shall comply with the
provisions of this Decree and the specific regulations promulgated by the
Ministry of Public Security after consulting the Ministry for Foreign Affairs.
Article 15.- This Decree
takes effect 15 days after its signing and replaces the Government’s Decree
No.62/CP of September 22, 1993.
Article 16.-
1. The Minister of Public Security and the
Minister-Head of the Government Commission for Organization and Personnel shall
have to guide and inspect the management and use of seals according to the
provisions of this Decree.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s Committees of the provinces and
centrally-run cities and the heads of the agencies and organizations that use
seals shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai