Which bodies, organizations or titles of the state can use seals with national emblem in Vietnam? What are the conditions for using seals?
Which bodies, organizations or titles of the state can use seals with national emblem in Vietnam?
Pursuant to Article 7 of Decree 99/2016/ND-CP stipulating bodies, organizations or titles of the state using seals with national emblem, including:
(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.
(5) Supreme People's Court, Superior People's Court, People's Courts of provinces and centrally-run cities, People's Courts of districts, towns and provincial cities and the equivalents, Central Military Court, Military Court of Military Zone and the equivalents, Military Court of Area.
(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.
Which bodies, organizations or titles of the state can use seals with national emblem in Vietnam? What are the conditions for using seals? (Image from the Internet)
What are the conditions for the use of seals with national emblem in Vietnam?
According to the provisions of Article 5 of Decree 99/2016/ND-CP, bodies, organizations or titles of the state using the seals must satisfy the following conditions:
- The bodies, organizations or titles of the state are only permitted to use their seals upon regulations on the permission for use of seal in the legal normative documents or decision from the competent bodies; must register their seal sample before use.
- 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.
- 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.
- 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:
+ The bodies, organizations or titles of the state must be permitted by the competent body if using additional wet seal;
+ The bodies, organizations or titles of the state can decide by themselves the additional use of embossed seal, small-sized seal or wax seal;
+ The economic organizations can decide by themselves the additional use of seal by themselves.
What are 13 prohibited acts in using seals?
Pursuant to Article 6 of Decree 99/2016/ND-CP stipulating 13 prohibited acts in using seals, including:
(1) Forge seal or use fake seal.
(2) Illegally buy and sell or destroy seal.
(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.
(12) Take advantage of assigned duties during the settlement of seal procedure to harass, disturb or infringe the legitimate rights and interests of bodies, organizations and individuals.
(13) Other acts as prescribed by law.
Nguyễn Thị Hồng Nhung
