|
THE GOVERNMENT
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
No.:
99/2016/ND-CP
|
Hanoi,
01 July 2016
|
DECREE
ON MANAGEMENT AND USE
OF SEALS
Pursuant
to the Law on organization of Government dated 19/6/2015;
Pursuant
to the Law on People’s Police dated 27/11/2014;
At
the request of the Minister of Public Security
The
Government issues this Decree on management and use of seal.
Chapter I
GENERAL PROVISIONS
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
This
Decree provides for the management and use of seal of state bodies, people’s
armed forces and bodies of the organizational system of Communist Party of
Vietnam, Vietnam Fatherland Front, social – political organizations, economic
organizations, association organizations, social funds, charity funds,
non-governmental organizations, religious organizations, foreign organizations
operating in Vietnam and other organizations established and operating under
the laws (hereinafter collectively referred to as bodies and organizations) and
state titles.
2.
This
Decree is not subject to the:
a)
Management
and use of seal of enterprises which are registered and operating according to
the provisions of the Enterprise Law and the Investment Law;
b)
Title
seals, date seals, official dispatch receipt seals and signature certification
seals.
Article 2. Subjects of application
This
Decree applies to the Vietnamese bodies, organizations and individuals,
missions of the Socialist Republic of Vietnam in foreign countries; foreign
organizations and individuals operating in Vietnam pertaining to the management
and use of seal.
Article 3. Interpretation of terms
In
this Decree, the terms below are construed as follows:
1.
Seal is
a special means which is registered, managed and used by the competent state
authorities to be affixed on documents and papers of bodies and organizations
or titles of the state.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
Seal
bearing national Emblem is the one which bears the national Emblem of the
Socialist Republic of Vietnam on its surface.
3.
Seal
bearing symbol is the one which bears the symbolic image of the bodies or
organizations and is recognized by law or stipulated in international
agreements in which Vietnam is member.
4.
Seal
without symbol is the one which has no national Emblem or symbolic image on its
surface as stipulated in Paragraphs 2 and 3 of this Article.
5.
Wet seal
is the one which has the prescribed content of information, form and size on
its surface and is used with ink material to affix on documents and papers
bearing the content of information on its surface.
6.
Embossed
seal is the one which has information on its surface like the wet seal. When
affixed on documents or papers, the information on the surface of seal shall be
embossed.
7.
Small-sized
seal is the type of wet seal or embossed seal but it is smaller.
8.
Wax seal
is the one which has content of information like the wet seal, when g the seal
made of wax material to seal, the content of information on the seal surface
shall be printed.
9.
Seal
sample is the regulation on the content of information, form and size on the
seal surface stipulated by the competent state body.
10.
Seal
sample registration body is the state body having the authority to register the
seal sample of the state bodies, organizations or titles.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
12.
Certificate
of seal sample registration is the seal sample registration body’s document
which certifies the bodies, organizations or titles of the state have registered
their seal sample before use.
13.
Competent
body is the one which has the right to decide on establishing or issuing the operation
registration certificate or certificate of operation or recognizing the
operation and permitting the bodies, organizations or titles of the state to
use their seals according to regulations.
14.
Economic
organization specified in this Decree is the enterprise, cooperative, union of
cooperatives established and operating according to the laws: Public
notarization, lawyer, judicial expertise, insurance and securities business and
cooperative.
Article 4. Principles of management and use
of seal
1.
Comply
with Constitution and laws.
2.
Ensure
the openness, transparency and create favorable conditions for bodies,
organizations and individuals to carry out the seal procedures.
3.
The
registration and management of seal and permission for the use of seal must
ensure the conditions in accordance with the provisions of this Decree.
4.
The seal
specified in this Decree is round with red ink.
Article 5. Conditions for the use of seal
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
The use
of seal with national Emblem must be stipulated in the laws, Ordinance, Decree
or Decision of the Prime Minister stipulating the functions, duties, power and
organizational structure of organizations and bodies or stipulated in the
international agreements in which Vietnam is a member.
3.
The
bodies, organizations or titles of the state having functions of issuing
diplomas, certificates and papers with photo or sealing documents according to
regulations of law are permitted to use the embossed seal, small-sized seal or
wax seal.
4.
The
bodies, organizations or titles of the state only use one seal under the sample
stipulated by the competent state body.
In
necessary cases of additional use of seal like the issued one (wet seal,
embossed seal, small-sized seal or wax seal), comply with the following
provisions:
a)
The
bodies, organizations or titles of the state must be permitted by the competent
body if using additional wet seal;
b)
The
bodies, organizations or titles of the state can decide by themselves the
additional use of embossed seal, small-sized seal or wax seal;
c)
The
economic organizations can decide by themselves the additional use of seal by
themselves.
Article 6. Prohibited acts
1.
Forge seal
or use fake seal.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3.
Use
invalid seal.
4.
Intentionally
distort or modify the content of registered seal sample.
5.
Fail to
hand in seal as decided by the competent body or seal sample registration body.
6.
Borrow,
lend, rent, lease, pledge, mortgage seal or use seal of another body or
organization for operation.
7.
Illegally
occupy or appropriate seal.
8.
Use seal
without registration of seal sample.
9.
Forge,
modify or distort the content of information in the Certificate of seal sample
registration.
10.
Affix
seal on the signature of person having no authority.
11.
Fail to
comply with the seal inspection and fail to present seal upon requirement for
inspection of the seal sample registration body.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
13.
Other
acts as prescribed by law.
Chapter II
SPECIFIC PROVISIONS
Section 1. SEAL WITH NATIONAL EMBLEM, SYMBOL
AND SEAL WITHOUT SYMBOL
Article 7. Bodies, organizations or titles of
the state using seals with national emblem
1.
State
President, Chairman of the National Assembly, Prime Minister, Secretary General
of National Assembly.
2.
National
Assembly, Standing Committee of National Assembly, National Election Council, Ethnic
Council and Committees of National Assembly, the bodies of Standing Committee
of National Assembly, Office of National Assembly, State Audit, National Assembly
delegations of provinces and centrally-run cities.
3.
Government,
ministries; ministerial-level bodies, governmental bodies, Ho Chi Minh National
Academy of Politics,
General Departments or equivalent units
4.
Office of the State President.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6.
Supreme
People's Procuracy, Superior People's Procuracy, People's Procuracy of
provinces and centrally-run cities, People's Procuracy of districts, towns and
provincial cities and the equivalents, Central Military Procuracy, Military
Procuracy of Military Zone and the equivalents, Military Procuracy of Area.
7.
People’s
Council and People’s Committee at all levels.
8.
Management
body of civil judgment enforcement under the Ministry of Justice, Management
body of civil judgment enforcement under the Ministry of Defense,
provincial-level body of civil judgment enforcement, district-level civil judgment
enforcement, body of judgment enforcement of military zone and the
equivalents.
9.
Embassy,
Consular Division under the Embassy, Consulate General, Consulate, Honorary
Consul General, Honorary Consul, Permanent Delegation, Delegation, Delegation
of the permanent observers and bodies with other names performing the
representative functions of the State of Vietnam at inter-governmental international
organizations or in foreign territories.
10.
State Commission on Overseas Vietnamese, National
Border Committee, Consular Department, Directorate of State Protocol,
Department of External Relations – HCM City under the Ministry of Foreign Affairs.
11.
Other bodies which have functions of state management and are permitted to use
the seals with national Emblem as stipulated in Paragraph 2, Article 5 of this
Decree.
Article 8. Bodies and organizations using the
seals with or without symbols
1.
The bodies
and organizations under the organizational structure of ministries, ministerial
bodies, governmental bodies, Standing Committee of National Assembly (except
the bodies specified in Article 7 of this Decree), Office of National Assembly,
State Audit, Ho
Chi Minh National Academy of Politics.
2.
The
bodies under the organizational structure of ministries and central sectors in
localities.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4.
The
bodies and organizations under the organizational structure of Supreme
People's Procuracy, Superior People's Procuracy, People's Procuracy of
provinces and centrally-run cities, People's Procuracy of districts, towns and
provincial cities and the equivalents, Central Military Procuracy, Military
Procuracy of Military Zone and the equivalents, Military Procuracy of Area.
5.
The
investigation bodies of People’s Police, People’s Army and Supreme People's
Procuracy.
6.
The
management body of criminal judgment enforcement of the Ministry of Public
Security and the Ministry of Defense; prison and temporary prison of the
Ministry of Public Security and the Ministry of Defense; prison and temporary
prison of military zone; temporary prison of provincial-level police; body of
criminal judgment enforcement of provincial-level police; body of criminal judgment
enforcement of district-level police; body of criminal judgment enforcement of
military zone and the equivalents.
7.
Military
Steering Committee of the ministries and central sectors; grassroots military
steering organization.
8.
Office of provincial-level People’s Council.
9. Specialized bodies
and non-business organizations of the provincial and district-level People’s
Committees.
10. The bodies of the
organizational structure of Communist Party of Vietnam, Vietnam Fatherland
Front, social – political organizations, economic organizations, association
organizations, social funds, charity funds, non-governmental organizations that
are established or issued with operation permit.
11. The foreign
organizations which do not have their diplomatic functions legally operate in
Vietnam.
12. The enterprises,
cooperatives, unions of cooperatives, branches, representative offices of
enterprise, cooperative, union of cooperatives which are established and
operating according to the laws: Public notarization, lawyer, judicial
expertise, insurance and securities business and cooperative.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
14.
Provincial,
district and communal-level Election Commission, Election Committee of National
Assembly, Election Committee of deputies to the provincial, district and
communal-level People's Council, Election Team.
15.
Other
organizations which are established and issued with operation Permit by the
competent bodies and are permitted to use the seal as stipulated in Article 5
of this Decree.
Section 2. SEAL OF FOREIGN BODIES AND
ORGANIZATIONS IN VIETNAM
Article 9. Seal of diplomatic missions of
foreign countries
Before
using the seals, the diplomatic missions, consular offices and representative
offices of international organizations in Vietnam, consular departments,
military attache department and other departments under the diplomatic missions
of foreign countries in Vietnam shall have to announce their seal sample with
the Ministry of Foreign Affairs of Vietnam.
Article 10. Seal of foreign organizations
without diplomatic functions
1.
The foreign
organizations without diplomatic functions can bring their seals from their
country into Vietnam for use. These seals must not use the image, symbol and
name of the State of Vietnam and the Vietnamese bodies and organizations or
violate the historical, cultural and ethical traditions and goods custom of the
people of Vietnam. Before using these seals, such foreign organizations shall
have register their seal sample at the seal sample registration body specified
in Article 12 of this Decree and dossier for seal sample registration is
specified in Paragraph 10, Article 13 of this Decree.
2.
Where
the foreign organizations do not bring their seal into Vietnam but request to
make their seals in Vietnam, they shall carry out the procedures for seal sample
registration at the seal sample registration body specified in Article 12 of
this Decree and dossier for seal sample registration is specified in Paragraph
10, Article 13 of this Decree.
Section 3. REGISTRATION OF SEAL SAMPLE;
RECOVERY AND CANCELLATION OF SEAL AND SEAL USE VALUE
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
The
bodies, organizations or titles of the State shall submit 01 dossier to request
the settlement of seal procedures as stipulated in Articles 13, 14, 15,
16 and 17 of this Decree to
the seal sample registration body specified in Article 12 of this Decree by one
of the following forms:
a)
Submit
dossier directly at the reception department of the seal sample registration
body;
b)
Submit dossier
via the website of the seal sample registration body (except the documents and
papers which must not be published via the network in accordance with the law).
2.
The receiver
shall check the information, documents and papers in the dossier and comply
with the following provisions:
a)
If the
dossier is valid, the receiver shall record the date of reception and date of
return of result in the receipt and hand it over to the person who is sent to
submit dossier by the bodies, organizations or titles of the State;
b)
If the
dossier is not complete, the receiver shall notify and give instructions to the
bodies, organizations or titles of the State to complete their dossier.
c)
If the
dossier does not meet the conditions as stipulated in Article 5 of this Decree,
the seal sample registration body shall reply in writing to the organizations
and bodies according to the time limit specified in Paragraph 7 of this Article
on refusal of dossier settlement;
d)
In case
of submission of dossier via website, the receiver shall notify the result of
dossier settlement for the cases stipulated under Points a, b and c, Paragraph
2 of this Article via the email of bodies, organizations and individuals that
have submitted their dossier.
3.
The
person sent by the bodies, organizations or titles of the State to submit
dossier must have the letter of introduction or letter of authorization,
present valid ID card or citizen card or Passport.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5.
When the
bodies, organizations or titles of the State submit dossier for change or
re-issue of Certificate of seal sample registration, they have to present the
seal previously registered to the body issuing the Certificate for check and
prescribed registration.
6.
For
foreign organizations bringing their seals into Vietnam for use, when
submitting dossier, they have to present such seals to the seal sample
registration body for check and prescribed registration.
7.
Within
03 working days after receiving dossier, the seal sample registration body
shall return the result of new seal registration, seal re-registration,
additional seal registration or registration of embosses seal, small-sized
seal, wax seal and issue, change or re-issue of Certificate of seal sample
registration.
Article 12. Seal sample registration body
1.
Police Department on administrative
management of social order, General
Department of Police, Ministry of Public Security shall register the seal
sample; issue, change and re-issue the Certificate of seal sample registration for
the bodies, organizations or titles of the State, including:
a)
State
President, Chairman of the National Assembly, Prime Minister, Secretary General
of National Assembly.
b)
National
Assembly, Standing Committee of National Assembly, National Election Council,
Ethnic Council and Committees of National Assembly and Office of State
President;
c)
Government,
ministries; ministerial-level bodies, governmental bodies, Office of National
Assembly,
bodies of Standing Committee of National Assembly, State Audit, Ho
Chi Minh National Academy of Politics
and the subordinate units of these bodies.
d)
Supreme
People's Procuracy, Superior People's Procuracy and the subordinate
units of these bodies.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e)
Management
body of civil judgment enforcement under the Ministry of Justice, management
body of criminal judgment enforcement under the Ministry of Public Security;
prison, temporary prison under the Ministry of Public Security and the
subordinate units of these bodies.
g)
Investigation
security bodies and investigation police bodies of the Ministry of Public
Security; investigation body of Supreme People's Procuracy and the subordinate
units of these bodies.
h)
Military
Steering Committee of the ministries and central sectors;
i)
Bodies
of the organizational structure of Communist Party of Vietnam, Vietnam
Fatherland Front, social – political organizations, social – political –
occupational organizations, social organizations, social –occupational
organizations, religious organizations, social funds, charity funds,
non-governmental organizations that are established or issued with operation
permit by the central competent authorities and the subordinate organizations
of these bodies and organizations;
k)
Economic
organizations established or issued with operation registration certificate or
operation permit by the central competent authorities and the subordinate
organizations;
l) Embassy,
Consular Division under the Embassy, Consulate General, Consulate, Honorary
Consul General, Honorary Consul, Permanent Delegation, Delegation, Delegation
of the permanent observers and bodies with other names 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 their diplomatic functions and are issued with
operation permit by the central competent authorities;
n)
Other
organizations established or issued with operation permit by the central
competent authorities;
2.
Police Division on administrative
management of social order of police of
provinces and centrally-run cities shall carry out the registration of seal
sample, issue, change and re-issue of certificate of seal sample registration
for the bodies and organizations, including:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
The
bodies under the organizational structure of ministries and central sectors in
localities;
c)
People's Procuracy of
provinces and centrally-run cities; People's
Procuracy of districts, towns, provincial cities and the equivalents and the subordinate
units of these bodies;
d)
People's Court of provinces and
centrally-run cities; People's Court of
districts, towns, provincial cities and the equivalents and the subordinate
units of these bodies;
dd)
Police of
provinces and centrally-run cities; Police of fire prevention and fighting of
provinces and centrally-run cities; Police of districts, towns
and provincial cities; Police of communes, wards and townlet and
the subordinate units of these bodies;
e)
Bodies
of criminal judgment enforcement of provincial-level police; bodies of criminal
judgment enforcement of district-level police, temporary prisons under the
provincial-level police and the subordinate units of these bodies;
g)
Investigation
security bodies and investigation police bodies of the provincial-level police;
investigation police bodies of district- level police and the subordinate units of these bodies.
h)
Communal-level military Steering Committee and military
Steering Committee of bodies and organizations at grassroots level;
i)
Provincial
and district-level bodies of civil judgment enforcement;
k)
Specialized
bodies and non-business organizations directly under the provincial and
district-level People’s Committee and the subordinate units of these bodies and
organizations;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
m)
Economic
organizations established or issued with operation registration certificate or
operation permit and the subordinate organizations.
n)
Foreign
organizations which do not have their diplomatic functions and are issued with
operation permit by the local competent authorities;
o)
Provincial,
district and communal-level Election Commission, Election Committee of National
Assembly, Election Committee of deputies to the provincial, district and
communal-level People's Council, Election Team.
p)
Other
organizations established or issued with operation permit by the local
competent authorities;
q)
A number
of cases as authorized by the seal sample registration body specified in
Paragraph 1 of this Article;
Article 13. Dossier for registration of new
seal sample
1.
For the
bodies, organizations or titles of the State using their seals with the
national Emblem: Establishment decision or document defining the organization
and operation of the competent authorities.
2.
For the
bodies with functions of state management and specialized bodies: Establishment
decision or document defining the organization and operation from the competent
authorities.
3.
For the
non-business organizations, the dossier comprises of:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Operation
permit issued by the competent authorities for the organizations which must
register their operation according to regulations of law.
4.
For the
Vietnam Fatherland Front, social – political organizations, economic
organizations, association organizations, social funds, charity funds,
non-governmental organizations, the dossier comprises of:
a)
Establishment
decision or operation permit of the competent authorities;
b)
Operation
charter of organizations approved by the competent authorities;
5.
Organizations
directly under the Vietnam Fatherland Front, social – political organizations,
economic organizations, association organizations, social funds, charity funds,
non-governmental organizations, the dossier comprises of:
a)
Establishment
decision or operation permit of the competent authorities;
b)
Document
defining the organization and operation issued to the organization by the
competent authorities according to the regulations of law;
c)
Operation
permit issued by the competent authorities to the organizations which have to
register their fields of operation according to the regulations of law;
6.
For
religious organization: Organization recognition decision from the competent
authorities.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Decision
of the religious organizations on establishing their subordinate religious
organizations;
b)
Document
from the competent authorities approving the establishment of subordinate
religious organizations;
c)
Operation
permit issued by the competent authorities to the organizations which have to
register their fields of operation according to the regulations of law;
8.
For
enterprises, cooperatives, unions of cooperatives, branches, representative
offices of enterprise, cooperative, union of cooperatives: Operation and
establishment permit or operation registration certificate or operation permit
from issued by the competent authorities according to the regulations of law;
9.
For the
organizations directly under the enterprises, cooperatives, unions of
cooperatives established and operating according to the regulations of law, the
dossier comprises of:
a)
Establishment
decision from the competent authorities;
b)
Operation
permit issued by the competent authorities for the organizations which have to
register their fields of operation according to the regulations of law,
10.
For
foreign organizations having no diplomatic functions are operating legally in
Vietnam: Operation permit from the Vietnamese competent authorities.
11.
Other
organizations established and operating according to the regulations of law:
Establishment decision or operation permit from the competent authorities.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The
document defining the bodies, organizations or titles of the State have
functions to issue the diplomas, certificates and papers with photo or document
sealing from the competent authorities.
Article 15. Dossier for re-registration of
seal sample
1.
For the
bodies, organizations or titles of the State whose seals are deformed,
worn-out, damaged or whose material is changed: A written request for
re-registration of seal sample from the bodies, organizations or titles of the
State which use their seals with the reasons.
2.
For the
bodies, organizations or titles of the State have change of organization or name,
the dossier comprises of:
a)
A
written request for re-registration of seal sample from the bodies, organizations
or titles of the State which use their seals with the reasons.
b)
Decision
on change of organization, name of the bodies, organizations or titles of the
State from the competent authorities.
3.
For the
bodies, organizations or titles of the State that lose their seals, the dossier
comprises of:
a)
A
written request for re-registration of seal sample from the bodies, organizations
or titles of the State which use their seals with the reasons and certification
of the direct management body or the competent authorities;
b)
The seal
sample registration certificate previously issued.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
For the
bodies, organizations or titles of the State registering additional wet seal: A
written permission for use of additional wet seal from the competent
authorities.
2.
For the
bodies, organizations or titles of the State registering additional embossed
seal, small-sized seal or wax seal: A written request for registration of
additional seal of the head of bodies, organizations or titles of the State.
3.
For the
economic organizations registering additional embossed seal, small-sized seal
or wax seal: A written request for registration of additional seal of the head
of economic organization.
Article 17. Dossier for change, re-issue of
seal sample registration certificate
A
written request for change, re-issue of seal sample registration certificate
from the bodies, organizations or titles of the State with reasons.
Article 18. Handover, recovery or cancellation
of seal and cancellation of seal use value
1.
The
bodies, organizations or titles of the State shall have to hand over their seal
to the seal sample registration body specified in Article 12 of this Decree in
the following cases:
a)
Re-registration
of seal sample due to its deformation, wear-out, damage, change of material or
when the bodies, organizations or titles of the State have change of their organizations
or names;
b)
There is
a decision on division, separation, merger, consolidation, dissolution,
operational termination or duty termination from the competent authorities;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)
The lost
seal has been found after its use value was destroyed;
dd)
There is a decision on temporary suspension or suspension of operation from the
competent authorities;
e)
The
cases specified in Paragraphs , 2, 3, 4, 5, 6, 7 and 8, Article 6 of this
Decree.
2.
The handover,
recovery, cancellation of seal and cancellation of seal use value shall be done
as follows:
a)
For
cases specified under Point a, Paragraph 1 of this Article, before receiving
the new seal, the bodies, organizations or individuals shall have to hand over
their seals previously registered to the seal sample registration body for
prescribed recovery and cancellation of seal.
b)
For
cases specified under Point b and c, Paragraph 1 of this Article, the bodies,
organizations or individuals shall have to hand over their seals previously
registered to the seal sample registration body in line with time limit specified
in the decision of the competent authorities for prescribed recovery and
cancellation of seal.
Where
the body, organization or individual does not hand over its seal in line with
regulations, the body issuing the seal sample registration certificate shall
issue a decision on cancellation of seal use value;
c)
For
cases specified under Point d, Paragraph 1 of this Article, the bodies,
organizations or individuals shall have to hand over their seals to the body
previously issuing the seal sample registration certificate right after finding
the lost seal for prescribed recovery and cancellation.
d)
For
cases specified under Point dd, Paragraph 1 of this Article, the body,
organization or individual shall hand over its seal to the body previously
issuing the seal sample registration certificate in line with the time limit
for handover specified in the decision from the competent authorities for seal
recovery, particularly:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Where
the body, organization or individual does not hand over its seal in line with
regulations, the body issuing the seal sample registration certificate shall
issue a decision on cancellation of seal use value;
For
cases the body issuing the seal sample registration certificate has issued the
decision on cancellation of seal use value but after that the body or
organization whose operation is suspended or temporarily suspended is permitted
to re-operate, the body or organization permitted to use the seal shall have to
re-register its seal sample for prescribed use;
dd)
For cases specified in Paragraphs 1, 2, 3, 4 and 5, Article 6 of this
Decree, when detecting any act of violation from the bodies, organizations or
individuals, the body registering the seal sample shall recover and cancel
their seals in line with regulations.
Where
the bodies, organizations or individuals violate the provisions in Paragraphs 2, 3, 4 and 5, Article 6 of this
Decree, the body registering the seal sample shall issue a decision on
cancellation of seal use value;
e)
For
cases specified in Paragraph 6, Article 6 of this Decree, when detecting any
act of violation from the bodies, organizations or individuals, the body
issuing the seal sample registration shall issue a notice of seal handover and
recover the seal in line with regulations.
Where
the bodies, organizations or individuals fail to comply and hand over their
seals, the seal sample registration body shall issue a decision on cancellation
of seal use value. After the seal sample registration body has cancelled the
seal use value, the bodies, organizations or individuals permitted to use the
seal shall have to re-register their seal sample for prescribed use.
g)
For
cases specified in Paragraph 7, Article 6 of this Decree, when detecting any act
of violation from the bodies, organizations or individuals, the body previously
issuing the seal sample registration certificate shall issue a notice of seal
handover for handling according to regulations of law.
Where
the bodies, organizations or individuals fail to comply and hand over their
seals, the body previously issuing the seal sample registration certificate
shall issue a decision on cancellation of use value of the seal illegally
appropriated and re-register the seal sample for the bodies or organizations
using the seal according to regulations of law.
h)
For
cases specified in Paragraph 8, Article 6 of this Decree, when detecting any
act of violation from the bodies, organizations or individuals, the seal sample
registration body shall issue a notice of seal handover and recover the seal as
stipulated.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3.
The
handover of seal of the bodies specified in Paragraph 9, Article 7 of this
Decree shall be decided by the Ministry of Foreign Affairs with a document sent
to the Ministry of Public Security on the time limit for seal handover for
recovery and cancellation as stipulated.
Chapter III
RESPONSIBILITY OF BODIES,
ORGANIZATIONS AND INDIVIDUALS IN MANAGEMENT AND USE OF SEALS
Article 19. Responsibilities of the Ministry
of Public Security
1.
Helps
the Government to unify the state management of seal on a national scale;
submits the normative legal documents guiding the implementation of regulations
on management and use of seal to the Government for issue or issue under its
authority.
2.
Unifies
the regulations on seal sample of bodies, organizations or titles of the state;
forms used in registration and management of seal; management and instructions
on seal production.
3.
Guides
and propagates the regulations of law on management and use of seal.
4.
Guides,
inspects and settle complaints, denunciation and violation on management and
use of seal.
5.
Prevents,
detects, stops and struggles with acts of violation on management and use of
seal.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
7.
Coordinates
with the Ministry of Information and Communications, Ministry of Finance,
Ministry of Planning and Investment to study the application of information
technology, development of database of management of seal, allocation of
funding for implementing the project of database on management of seal.
8.
Summarizes
and reports the reality and result of implementation of registration and
management of seal.
Article 20. Responsibilities of the seal
sample registration body
1.
Receives
dossier for registration, re=registration of seal sample, registration of
additional seal; registration of embossed seal, small-sized seal and wax seal;
issues, re-issued and changes the Certificate of seal sample registration under
the Form 01 in the Appendix issued with this Decree.
2.
Recovers
seals and Certificate of seal sample registration, cancels seal and seal use
value, issues Certificate of seal recovery under the Form 02 in the Appendix
issued with this Decree.
3.
Gives a
notice of cancellation of seal use value in case of seal loss.
4.
Provides
the seal sample as required by the judicial expertise organization of criminal
techniques of people’s police for the prescribed expertise.
5.
Guides
the prescribed production of seal.
6.
Guides,
inspects and handles violation of law on management and use of seal.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
The
Ministry of Home Affairs shall coordinate with the Ministry of Public Security
to request the Prime Minister to consider and decide on permitting the
retention of invalid seals of a number of bodies, organizations or titles of the
State for archive and historical research.
2.
The
Ministry of Defense shall coordinate with the Ministry of Public Security to
stipulate the seal sample, seal carving organization, registration and
management of seal of bodies and units at all levels in the Vietnam People's
Army.
3.
The
Ministry of Foreign Affairs shall receive the notice of seal sample of foreign
diplomatic missions as stipulated in Article 9 of this Decree.
4.
The
Ministry of Finance shall coordinate with the Ministry of Public Security to
stipulate the collection, payment, management and use of fees and charges of
seal sample registration.
Article 22. Responsibilities of People’s
Committee at all levels
1.
The People’s
Committees at all levels within their duties, power shall propagate,
disseminate and educate the laws on registration and management of seal.
2.
Organize
the compliance with regulations of law on management and use of seal.
Article 23. Responsibilities of the bodies
with authority to decide the establishment or issue of operation registration
certificate or operation permit or operation recognition to the bodies,
organizations or titles of the State
1.
The bodies
with authority to decide the establishment or issue of operation registration
certificate or operation permit or operation recognition and permit the use of
seal of the bodies, organizations or titles of the State must comply with the
regulations of law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3.
Coordinate
with the seal sample registration body specified in Article 12 of this Decree
in inspection and settlement of complaints, denunciation and handling of
violation in the management and use of seal.
Article 24. Responsibilities of bodies,
organizations and individuals in use of seal
1.
The
titles of the State and the heads of bodies and organizations specified in
Article 7 and 8 of this Decree are responsible for managing and inspecting the
management and use of seal and issuing regulations on management and use of
seal of their bodies and organizations.
2.
Register
their seal sample and inform it to the relevant bodies and organizations before
use.
3.
Comply
with the inspection and instructions of the seal sample registration body.
4.
Hand
over their seals and certificate of seal sample registration subject to the
case of recovery according to regulations of law.
5.
The seal
must be closely managed at the head office of bodies and organizations; only
the titles of the state and the heads of bodies and organizations have the
right to decide on bringing their seals outside their head office for
settlement of work.
6.
Comply
with the regulations of law when affixing seal in documents and papers;
7.
In case
of loss of seal, the bodies, organizations or titles of the state shall inform
in writing within 02 days after detection of loss to the body which has issued
the certificate of seal sample registration and the police body of commune,
ward, town of place of seal loss.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
9.
If the
seals of the bodies or organizations which are in use are deformed, worn out,
damages or there is change of organization or name, they have to re-register
the seal sample and hand over the seal and certificate of seal sample
registration previously issued to the seal sample registration body.
10.
If the
certificate of seal sample registration is lost, the bodies or organizations
shall have to carry out the procedures for its re-issue of procedures for
change of certificate of seal sample registration previously issued to the seal
sample registration body in case of damage.
11.
When the
bodies, organizations or titles of the state wish to retain their invalid seals
for archive or historical research, they have to send a written request to the
Ministry of Home Affairs for report to the Prime Minister for consideration and
decision.
12.
The
printing of seal sample of the bodies, organizations or titles of the state for
the purpose of work must be stipulated in the normative legal documents in that
area.
Article 25. Inspection of management and use
of seal
1.
Form of
inspection
a)
Periodical
inspection
The
periodical inspection is carried out no more than 01 time in a year. Before the
inspection, the body with authority to inspect must give a notice 03 working
days in advance to the bodies, organizations or titles of the state to be
inspected of the time, content and composition of inspection team.
b)
Irregular
inspection
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
Inspection
authority
a)
The Police Department on administrative
management of social order has the
authority to inspect the management and use of seal of the bodies, organizations
or titles of the state under its authority to register seal sample;
b)
The Police Division on administrative
management of social order of provinces
and centrally-run cities has authority to inspect the management and use of
seal of the bodies,
organizations or titles of the state under its authority to register seal
sample;
3.
The body
with authority to carry out the inspection shall have to make the inspection
plan on management and use of seal of the bodies, organizations or titles of the
state before inspection.
4.
The
bodies, organizations or titles of the state to be inspected must prepare all
contents of inspection notified and arrange persons with authority and
responsibility to work with the person responsible for inspection upon
receiving the notice of seal inspection.
5.
The
periodical or irregular inspection of management and use of seal must be made
with record of inspection of management and use of seal.
Chapter IV
IMPLEMENTATION PROVISION
Article 26. Effect
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
This
Decree shall replace the Decree No. 58/2001/ND-CP dated 24/8/2001 of the Government on
management and use of seal and the Decree No. 31/2009/ND-CP dated 01/04/2009 on
amendment and addition of some articles of the Decree No. 58/2001/ND-CP.
Article 27. Transitional provisions
1.
If the
seals of bodies, organizations or titles of the state have been registered with
the issued certificate of sample seal registration according to the provisions
of Decree No.
58/2001/ND-CP
and are still in line with the provisions in this Decree, they shall not have
to carry out the procedures for re-registration of seal sample, issue, change
or re-issue of certificate of seal sample registration.
2.
The
bodies, organizations or titles of the state that are carrying out the
procedures for registration of seal sample as stipulated in the Decree No.
58/2001/ND-CP.
When this Decree takes effect, they shall comply with the provisions in the
Decree No.
58/2001/ND-CP.
Article 28. Responsibilities for
implementation
The
Ministers,
heads of ministerial-level bodies, heads of governmental bodies, Chairman of
People's Committees of provinces and centrally-run cities and the relevant
bodies, organizations and individuals are liable to execute this Decree. /
FOR THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
APPENDIX
(Issued with Decree
No. 99/2016/ND-CP dated 01/07/2016 of the Government)
Order of form
Name of form
Form 01
Certificate
of seal sample registration
Form 02
Certificate
of seal recovery
Filed
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Form 01
CERTIFICATE OF SEAL
SAMPLE REGISTRATION
No.: ……/DKMCD date ….. month …. year……
……2…………………………………………………………
registered
the deposit of seal sample of ...4………………
………………………………………………………………..
………………………………………………………………..
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
in
Book No.:
………….
Sheet No.: ………
The
seal is valid from date
…..
month …. year……
SEAL SAMPLE
REGISTERED FOR DEPOSIT
….1………………
….2………………
-------
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ……/DKMCD
.....3………….,
date
…..
month …. year……
CERTIFICATE OF SEAL
SAMPLE REGISTRATION
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Pursuant
to the Decree No……./…../ND-CP dated………………..of
the Government on management and use of seal.
….2……………………………………………………………………………..
certifies
the seal sample below of….4……………………………..
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
Has
registered with validity from date ….. month …. year……
Registered
the seal sample in Book No… ….Sheet No.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
….5…………………………..
(Signature, full
name and seal)
REGISTERED SEAL
SAMPLE
……..5……………………
(Signature, full name and seal)
Note:
1 Name of direct
management body.
2
Name
of seal sample registration body.
3 Place of issue of
certificate.
4 Name
of body, organization or title of the state using their seals.
5 Power
and position of certificate signer.
Form 02
…….1…..….………….
…….2…………………
-------
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
---------------
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
…3…., date ….. month …. year……
CERTIFICATE OF SEAL
RECOVERY
Pursuant
to the Decree No……./…../ND-CP dated………………..of the
Government on management and use of seal.
Pursuant
to.....4………………………………………………………………
……………………………………………………………………………………………………….
At ………… hour …….. date ….. month …. year………………
at……………………………………………………………………………………………………
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
recovers
the seal below of…...5………………………………………………………………
……………………………………………………………………………………………………….
Reasons
for recovery:
…………………………………………………………………………….
……………………………………………………………………………………………………….
Full
name of person who hands over the seal……………………………
Citizen
card/ID card/Passport No.: ……………………………………
Date
of issue:
……../ ……../ ………….. Issued by: ……………………………………………
RECOVERED SEAL
SAMPLE
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
PERSON HANDING OVER
THE SEAL
(Signature, full
name)
OFFICER RECOVERING
THE SEAL
(Signature, full
name)
…6…………………………
(Signature, full name and seal)
Note:
1 Name of direct management body.
2 Name of seal sample registration body.
3 Place of issue of certificate.
4 Name of document related to the recovery of
seal (if any) .
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6 Power and position of certificate signer.
This
certificate is made into 02 copies: 01 copy delivered to the person handing
over his seal, 01 copy is filed in dossier.
CERTIFICATE
OF SEAL SAMPLE REGISTRATION
(Form 01)
1.
Printed
on paper of size 210 mm x 297 mm (A4).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.