Do state-owned enterprises whose operations are temporarily suspended need to hand over their seal to the police in Vietnam?

Do state-owned enterprises whose operations are temporarily suspended need to hand over their seal to the police in Vietnam?

According to Clause 1, Article 18 of Decree 99/2016/ND-CP regulating handover, recovery or cancellation of seal and cancellation of seal use value, accordingly:

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;

c) There is a decision on recovery of establishment and operation, operation registration certificate or operation permit from the competent authorities;

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.

According to this Article, when your business has a decision to temporarily suspend operations by a State agency, your business must hand over its seal to the police agency that issued the seal to the business in Vietnam.

Do state-owned enterprises whose operations are temporarily suspended need to hand over their seal to the police in Vietnam? (Image from the Internet)

How much is fine for failure to turn the seal to the police in Vietnam? 

Pursuant to Clause 3, Article 13 of Decree 144/2021/ND-CP stipulating violations against regulations on management and use of seals, as follows:

3. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:

a) Failure to turn the seal in under the decision of a competent authority or the seal registration authority;

b) Appending the seal to a document that does not have the signature of the competent person or has the seal of an unauthorized person;

c) Borrowing, lending, giving lease, taking lease, pledging, buying, selling the seal, illegally destroying the seal; using the seal of another organization for operation;

d) Using an expired seal;

dd) Deliberately deform or change content of a registered seal;

e) Forging the certificate of seal registration;

g) Using an seal without registration;

h) Failure to return the seal and the certificate of seal registration upon issuance of the a competent authority's decision on division, merger or consolidation, or revocation of the certificate of business registration or operation license, or business suspension or termination; or upon receipt of a competent authority's request for of the seal as prescribed by law;

i) Erasing, falsifying the certificate of seal registration.

According to Article 4 of Decree 144/2021/ND-CP stipulating maximum fines, organizations incurring administrative penalties, specifically as follows:

1. The maximum fine for a domestic violence-related offence shall be 30.000.000 VND if imposed upon an individual, 60.000.000 VND if imposed upon an organization; the maximum fine for an offence against regulations on social security and order shall be 40.000.000 VND if imposed upon an individual, 80.000.000 VND if imposed upon an organization; the maximum fine for an offence against regulations on fire prevention, firefighting and rescue shall be 50.000.000 VND if imposed upon an individual, 100.000.000 VND if imposed upon an organization; the maximum fine for an offence against regulations on social evils shall be 75.000.000 VND if imposed upon an individual, 150.000.000 VND if imposed upon an organization.

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

3. The organizations mentioned in Clause 1 and Clause 2 of this Article include:

a) Business organizations established under the Law on Enterprises, including: sole proprietorships, joint stock companies, limited liability companies, partnerships and dependent units of enterprises;

b)Business organizations established under the Law on Cooperatives, including: cooperatives, cooperative unions;

c) Social organizations, socio-political organizations, social-professional organizations;

d) Public service providers;

d) State agencies that commit violations that are not their state management tasks;

e) Artels.

4. Households, household businesses that commit violations specified in this Decree shall incur the same penalties as individuals.

Thus, when an individual fails to return the seal to the agency that issued the seal, he or she will be fined from 3,000,000 to 5,000,000 VND. For organizations, the fine for this behavior will be from 6,000,000 to 10,000,000 VND in Vietnam.

Best regards!