What are the procedures for registration of seals in Vietnam? What are the conditions for the use of seals?
What are the conditions for the use of seals in Vietnam?
According to the provisions of Article 5 of Decree 99/2016/ND-CP on the use of seals as follows:
- 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 the procedures for registration of seals in Vietnam? What are the conditions for the use of seals? (Image from the Internet)
What is the application for registration of seals in Vietnam?
Pursuant to subsection 1, Section B, Part II, Administrative procedures promulgated together with Decision 3191/QD-BCA in 2022 stipulating the application for registration of seals as follows:
(1) Dossier for the person who is sent to submit the application:
+ Letter of introduction or power of attorney;
+ Citizen ID card or valid ID card or Passport.
(2) Dossier for bodies, organizations and titles of the state
+ For bodies, organizations and titles of the state that use seals with the national emblem: Decision on establishment or documents on organization and operation of competent agencies.
+ For agencies with state management functions, specialized agencies: Establishment decisions or documents on organization and operation of competent agencies.
+ For non-business organizations: Decision on establishment or documents on organization and operation of competent agencies; The operation license is issued by a competent authority to an organization that must be registered in the field of operation as prescribed by law.
+ For the Vietnam Fatherland Front, socio-political organizations, socio-professional socio-political organizations, social organizations, socio-professional organizations, social funds, charity funds, organizations NGOs: Decision on establishment or operation license of a competent authority; The operating charter of the organization has been approved by the competent authority.
+ For organizations affiliated to the Vietnam Fatherland Front, socio-political organizations, socio-professional socio-political organizations, social organizations, socio-professional organizations, social funds, funds charity, non-governmental organization: Establishment decision or operation license of a competent authority; Written regulations on organization and operation issued to the organization by a competent agency in accordance with law; The operation license is issued by a competent authority to an organization that must be registered in the field of operation as prescribed by law.
+ For religious organizations: The decision on recognition of the organization by the competent authority.
+ For organizations affiliated to religious organizations: The religious organization's decision on the establishment of the affiliated religious organization; A document of a competent authority approving the establishment of an affiliated religious organization; The operation license is issued by a competent authority to an organization that must be registered in the field of operation as prescribed by law.
+ For enterprises, cooperatives, unions of cooperatives; branches, representative offices of enterprises, cooperatives, Union of cooperatives: License for establishment and operation of the competent authority granted to the organization in accordance with the law.
+ For organizations affiliated to enterprises, cooperatives and unions of cooperatives established and operating in accordance with law: Establishment decision of a competent agency; The operation license is issued by a competent authority to an organization that must be registered in the field of operation as prescribed by law.
+ For foreign organizations without diplomatic functions lawfully operating in Vietnam: Operation license of a competent Vietnamese agency.
+ For other organizations established and operating in accordance with law: Establishment decision or operation license of a competent authority.
What are the procedures for registration of seals in Vietnam?
Pursuant to subsection 1, Section B, Part II, Administrative procedures promulgated together with Decision 3191/QD-BCA in 2022 stipulating the procedures for registration of seals as follows:
Step 1: State agencies, organizations or titles that wish to register a new seal sample shall apply directly or via postal service at the Police Department for Administrative Management of Social Order - Ministry of Public Security during office hours on weekdays or submit documents online through the National Public Service Portal or the Public Service Portal of the Ministry of Public Security.
Step 2: The receiving officer checks the validity and composition of the application.
- If the dossier is valid and has sufficient components, the dossier shall be received for settlement and sent a receipt of the dossier directly or by postal service or by email (if any) to the person assigned by the agency, organization, or organization. The title of the state sent to contact to submit the application.
- If the dossier is invalid or lacks components, the dossier shall not be accepted and the Instructions for completing the dossier shall be sent directly or via postal service or by email (if any) to the person assigned by the agency or organization. Positions and titles of the state sent to contact for dossier submission.
- If the application does not meet the conditions as prescribed in Article 5 of Decree 99/2016/ND-CP dated July 1, 2016 of the Government on management and use of seal, the application will not be accepted, clearly stating the reasons for refusal to process the application and send a Notice of refusal to process the application in person or via postal service or by email (if any) to the person assigned by bodies, organizations and titles of the state.
Step 3: Based on the appointment date on the Receipt of the application, the person sent by the state agency, organization or title to submit the application will receive the results directly or through the postal service including seals and seal sample registration certificate.
Nguyễn Thị Hồng Nhung