The procedures for removal of anti-tampering stamps of records, documents and seal of the corporation in Vietnam

The procedures for removal of anti-tampering stamps of records, documents and seal of the corporation in Vietnam (Image from the Internet)

Pursuant to Article 40 of Decree 44/2020/ND-CP (Effective June 1, 2020) regulating the procedures for removing anti-tampering stamps to transfer corporation’s impounded records, documents, devices containing electronic data or seal:

1. Prepare for removal of anti-tampering stamps

The competent criminal judgment enforcement agency presiding over the removal of anti-tampering stamps shall notify the corporation’s legal representative, representative of the organization or individual whose rights, obligations and responsibilities are related to the records, documents, devices containing electronic data or seal of the corporation and representative of the local authority of the area where the removal of anti-tampering stamps takes place.

2. Remove anti-tampering stamps

a) Check the anti-tampering stamps stuck on records, documents or devices containing electronic data or seal of the corporation before the removal;

b) Remove anti-tampering stamps and open the packaged or closely covered records, documents or devices containing electronic data or seal.

Remove anti-tampering stamps of records, documents or devices containing electronic data or seal that is not packaged or closely covered;

c) Check the records, documents or devices containing electronic data or seal after the removal.

3.  Follow the instructions below after the removal of anti-tampering stamps is done:

After the removal of anti-tampering stamps is done, a record shall be made. The removal record shall specify status of anti-tampering stamps prior to the removal, status of records, documents, devices containing electronic data or seal after the removal and bear signatures, full names or fingerprints (together with full name of the person appending his/her fingerprints) of the person presiding over and participating in the removal. The record shall be made by the competent criminal judgment enforcement agency into 02 copies being equally authentic, 01 is included in the judgment enforcement dossier and 01 is kept by the corporation’s legal representative.

If the anti-tampering stamps fail to remain intact, it is required to make a record on status of anti-tampering stamps for verification purposes.

4. After the removal of anti-tampering stamps is done, the competent criminal judgment enforcement agency shall transfer records, documents or devices containing electronic data or seal of the corporation. The transfer shall be made into a record, which shall bear signatures, full names or fingerprints (together with full name of the person appending his/her fingerprints) of the person presiding over and participating in the removal in accordance with regulations of law and this Decree.

Above is the consulting content.

Best regards!