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THE MINISTRY
OF PUBLIC SECURITY - GOVERNMENT COMMISSION ON ORGANIZATION AND PERSONNEL
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
07/2002/TTLT-BCA-BTCCBCP
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Hanoi, May 06,
2002
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THE JOINT CIRCULAR
OF
THE MINISTRY OF PUBLIC SECURITY - GOVERNMENT COMMISSION ON ORGANIZATION AND
PERSONNEL, NO. 07/2002/TTLT-BCA-BTCCBCP, OF MAY 06, 2002 ON GUIDING
IMPLEMENTATION OF A NUMBER OF PROVISIONS IN THE GOVERNMENT’ S DECREE NO.
58/2001/ND-CP, OF AUGUST 24, 2001 ON MANAGEMENT AND USE OF SEALS
In furtherance of the Government’s Decree No. 58/2001/ND-CP, of August 24, 2001 on management and use of
seals, the Ministry of Public Security - Government Commission on Organization
and Personnel guide implementation of a number of provisions in the Decree as
follows:
I. GUIDING A NUMBER OF GENERAL
PROVISIONS IN THE DECREE NO. 58/2001/ND-CP
1. Competent agencies are agencies
that have right to decide on establishment or grant permit for operation or recognition
of legal entity of agencies, organizations as prescribed by law.
2. At clause 12 Article 3 of the
Decree No. 58/2001/ND-CP prescribes: A number of other organizations permitted
by the Prime Minister to use seals bearing the national emblem are organizations
that not belong to provisions from clause 1 to clause 11 of Article 3 Decree
No. 58/2001/ND-CP but are permitted by the Prime Minister to use seals bearing
the national emblem.
3. At clause 7 Article 4 of the
Decree No. 58/2001/ND-CP prescribes: A number of other organizations, which are
permitted by the State agencies competent to establish them to use seals, are
organizations that are not in organizational structure of Ministries, sectors
but are permitted by the State competent agencies as prescribed by law to
establish them and use seals.
4. At clause 1 Article 6 of the
Decree No. 58/2001/ND-CP prescribes: In cases where it needs another seal with
content identical to the first seal, it must obtain a written consent of the
agency competent to establish it, this is construed as in case of a agency or
organization with wide operational area, its offices in outside of scope of a
central-affiliated city and province where its head office is located , because
of work nature and the necessity for timely managing work, such agency or
organization may request to agency which has established it or granted the
operating permit for permission to use additionally seals with content
identical to the first seal.
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5.1. Symbols mean the icons on
seal specified in Constitution, Laws, Ordinances, Decrees of the Government
Decisions of the Prime Minister or symbols of international organizations
specified in international treaties which Vietnam has signed or acceded or
Vietnam has direct relationship permitted by the State.
5.2. Foreign languages on seals
mean the proper name of agencies, organizations written in foreign languages
which are indicated in decisions, permit of establishment, permit of placing of
office representative, permit of adjustment or other permit granted by
competent state agencies of Vietnam.
II. PROCEDURES FOR SEAL
ENGRAVING, PROCEDURES FOR BRINGING FOREIGN SEALS INTO VIETNAM FOR USE AND PROCEDURES
FOR REQUEST FOR USE OF SEALS BEARING THE NATIONAL EMBLEM OR SEALS WITH CONTENT
IDENTICAL TO THE FIRST SEAL
A. PROCEDURES FOR SEAL ENGRAVING
1. Agencies, organizations
specified in Article 3 of the Decree No. 58/2001/ND-CP must have documents on establishment,
merger, and division of administrative units from competent agencies as
prescribed by law.
Seal engraving of State titles
specified in clause 2 Article 3 of the Decree No. 58/2001/ND-CP must have
Official Dispatch of request from Office of National Assembly or Office of
State president or Office of Government.
2. Specialized agencies,
non-business organizations must have decision on establishment and permission
to use seals from competent authorities. If in a decision on establishment has
not yet had permission to use seal, the agency deciding establishment must have
a document allowing such agency or organization to be entitled to use seal.
3. Political organizations,
socio-political organizations, socio-professional organizations must have decisions
or permits of establishment allowing to use seal and operation charters which
are approved by competent agencies. They are decisions on approval of charter,
for associations of central level that have organization and operation system
in nationwide and that are decided for establishment by Government Commission
on Organization and Personnel; they are decisions on approval of charter, for
associations that have organization and operation system in scope of provinces
and centrally-run cities and that are decided for establishment by chairpersons
of provincial People’s Committee; association organizations in system of
associations mentioned above must have decisions on establishment properly with
the legal process as approved in Charters of association.
Religious organizations must have
Charters which have been approved in writing by the Government Religious Board
or provincial Religious Board.
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Magazines, publishers must have
operating permits granted by the Ministry of Culture and Information or
provincial Services of Culture and Information.
Foreign organizations without the
diplomatic function operating legally in Vietnam, except economic organizations
operating under the Law on Foreign investment in Vietnam, must have permits
granted by competent agencies of Vietnam.
4. Economic organizations:
4.1. For economic organizations
operating under the Law on Enterprise, Law on cooperatives, they must have
Certificates of Business registration or Certificates of operation registration
(for branches, representative offices).
4.2. For economic organizations
operating under the Law on Foreign investment in Vietnam, they must have
investment permit, permit of adjustment.
4.3. For economic organizations
operating under the Law on insurance business, they must have Decisions of
establishment and operation or permit of adjustment (for branches,
representative offices) or Permit of placing representative office in Vietnam
(for foreign insurance enterprises in Vietnam), which are granted by the
Ministry of Finance.
4.4. For state enterprises,
enterprises of political organizations, socio-political organizations and
member units of these enterprises, they must have Certificates of Business
registration and Decisions on establishment of competent state agencies.
4.5. For branches, representative
offices of state enterprises, enterprises of political organizations,
socio-political organizations, cooperatives, unions of cooperatives and economic
organizations operating under the Law on Foreign investment in Vietnam, apart
from papers above, they must have documents of provincial People’s Committees
allowing to place office and operate in such localities.
For affiliated units of
enterprises that are not granted “Certificate of Business registration”, they
must have Decisions on establishment and allowing to use seals by competent
state agencies.
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6. Dossiers to do procedures for
seal engraving of agencies, organizations must be presented with originals and
submitted valid copies.
7. Person who is appointed to do
procedures for seal engraving must have letter of introduction and ID card or
passport.
Within 7 working days as from
fully receiving the valid and full dossiers, agencies of public security shall
do procedures for grant of permit engraving seal to agencies, organizations.
B. PROCEDURES FOR BRINGING FOREIGN
SEALS INTO VIETNAM FOR USE
Foreign agencies, organizations,
except for diplomatic missions, operating in Vietnam, in need to bring their
seals into Vietnam for use, must observe the following provisions:
1. Have a written request on
bringing foreign seals into Vietnam for use made in according to form set by
the Ministry of Public Security.
2. Written permission of operation
in Vietnam granted by competent agencies (it is required to present original
and submit valid copy).
3. Person, who does procedures for
bringing foreign seals into Vietnam for use, must present passport or ID card.
Within 7 working days as from
fully receiving the valid dossiers, agencies of public security shall do
procedures for grant of permit for bringing seal into Socialist Republic of
Viet Nam” to applicants.
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C. PROCEDURES TO REQUEST FOR USE
OF SEALS BEARING THE NATIONAL EMBLEM OR SEALS WITH CONTENT IDENTICAL TO THE
FIRST SEAL:
1. When requesting for use of
seals bearing the national emblem, organizations specified in clause 12 Article
13 of the Decree No. 58/2001/ND-CP must have a document to send it to the
Government Commission on Organization and Personnel. The Government Commission
on Organization and Personnel shall coordinate with the Ministry of Public
Security in consideration in order to submit it to the Prime Minister for
written decision. After the Prime Minister has decided, the Ministry of Public
Security shall carry out procedures for seal engraving and management in
accordance with regulation.
2. Agencies, organizations
requesting for use of seals with content identical to the first seal, specified
in clause 1 Article 6 of the Decree No. 58/2001/ND-CP shall implement as
follows:
2.1. For agencies, organizations
requesting for use of seals bearing the national emblem, they must be decided
in writing by the Prime Minister.
2.2. For agencies, organizations
requesting for use of seals without bearing the national emblem, they must be
decided in writing by competent agencies.
III. MANAGEMENT AND USE OF
SEALS
1. The responsibilities of
agencies, organizations competent to establishment and allowing use of seals:
1.1. Establishing and allowing agencies, organizations belonging to
their management to use seals in writing;
1.2. Allowing agencies,
organizations attached them to engrave additionally seals with content
identical to the first seal;
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1.4. Making written decisions on
withdrawal of seals of agencies, organizations belonging to their competence of
deciding establishment and allowing to use seals in cases where such agencies,
organizations are dissolved, divided, merged, changed or incase of having to
suspend use of seals or when seals are no longer valid for use.
2. The responsibilities of
agencies, organizations being used seals: The agencies, organizations being
used seals must implement the following provisions:
2.1. They must register seals at
Public Security agencies and inform seal specimen to relevant agencies before
using seals.
2.2. A seal
may be stamped on documents, papers only after such
documents, papers have been had signature by competent authorities including:
Heads, deputies or direct subordinates authorized by such agencies,
organizations; it is prohibited to stamp on documents, papers with no content,
or stamp before having signature.
2.3. The seal must be laid at
office of agency or organization and must be closely managed. In real necessary
cases, due to requirement which need to solve work in places with far distances
from office of agency or organization, head of agency or organization shall
decide on bringing seal to outside and take responsibility for use of seal
during taking it out such agency or organization.
2.4. When seals are lost,
agencies, organizations must report to commune-level police agencies where
happen seal loss and line agency, as well as must report in writing and submit
“the seal specimen registration certificate” for police agency granted that
“seal specimen registration certificate".
2.5. If the seal specimen registration
certificate is lost, agency or organization must have written request and bring
seal to police agency granted in order to re-register.
2.6. In cases seals are lost, worn
or damaged, or in cases of division, consolidation, merger, conversion, dissolution
of organizations or ending missions, head of such organizations must submit old
seals and “the seal specimen registration certificate” for the police offices
granted; in case of re-engraving seals, organizations are entitled to be
received new seals just after they have submitted old seals and "the seal
specimen registration certificates" that have been granted.
3. Inspection in management and
use of seals:
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- Inspect the seal specimen registration
certificate;
- Inspect situation of seal being
used;
- Inspect management and use of
seal.
3.2. Inspection must be made in
record in accordance with regulation, clearly writing result of inspection and
being confirmed by agency or organization using seal.
IV. ORGANIZATION OF
IMPLEMENTATION
1. Heads of Ministries,
Ministerial agencies, Governmental agencies, Central mass organizations,
chairpersons of People’s Committee of central-affiliated cities and provinces
shall, within their functions, tasks and powers, coordinate with the Ministry
of Public Security and Government Commission on organization and personnel in
management, inspection of management, preservation and use of seals belonging
to duties of Ministries, sectors and localities that are managed by themselves,
under the Decree No. 58/2001/ND-CP and this Circular.
2. The Ministry of Public Security
shall:
2.1. Promulgate documents unifying
specimen of seals, seal engraving, system of forms, inspection on management
and use of seals to apply in nationwide.
2.2. Coordinate with Government
Commission on Organization and Personnel, political organizations and
socio-political organizations in unifying specimen of seals, management and use
of seals of political organizations and socio-political organizations.
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2.4. Direct the Police offices of
central-affiliated cities and provinces in carrying out provisions of laws on
management and use of seals.
3. The Government Commission on
organization and personnel shall:
3.1. Appraise and confirm on
organizational type of agencies, organizations using seals in necessary cases;
3.2. Coordinate with the Ministry
of Public Security to submit to the Prime Minister for deciding cases of
request for use of seals bearing the national emblem specified in clause 12 Article
3 of the Decree No. 58/2001/ND-CP and cases of request for use of seals with
content identical to the first seal under competence of the Prime Minister;
3.3. Coordinate with the Ministry
of Public Security in inspection on management and use of seals of agencies,
organizations in accordance with regulations;
4. This Circular takes effect
after 15 days from the day of its signing and replaces the Circular No.
32/TT-LB, of December 30, 1993 of the Ministry of Home Affairs - Government
Commission on Organization and Personnel guiding implementation of the Decree
No. 62/CP, of September 22, 1993 providing on management and use of seals.
Le The Tiem
(Signed)
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(Signed)