What are the fines for using the seal of another organization for operation in Vietnam?
I have these 2 questions. What are the fines for using the seal of another organization for operation in Vietnam? What are the fines for illegally destroying seals in Vietnam?
Thank you!
What are the fines for using the seal of another organization for operation in Vietnam?
Pursuant to Clause 3 Article 13 of the Decree 144/2021/NĐ-CP, 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.
Pursuant to Clause 6 Article 13 of the Decree 144/2021/NĐ-CP stipulating remedial measures for these violations as follows:
a) Mandatory return of the seal, the certificate of seal registration in case of violations specified in Point b Clause 2; Points a, d and dd Clause 3 and Point c Clause 4 of this Article;
b) Mandatory destruction of documents that are illegally sealed in case of violations specified in Point b Clause 3 of this Article;
c) Mandatory return of the illegal profits earned from commission of the administrative violations specified in Point c Clause 3 and Point c Clause 4 of this Article;
d) Mandatory return of the certificate of seal registration in case of violations specified in Point I Clause 3 of this Article.
As regulations above, the violators being individuals shall be fined from 3.000.000 VND to 5.000.000 VND. Meanwhile, the violators being organizations shall be fined from 6.000.000 VND to 10.000.000 VND. In addition, the illegal profits earned from commission of the administrative violations shall be returned. If foreigners commit the violations, they could be expunged.
What are the fines for illegally destroying seals in Vietnam?
Pursuant to Clause 4 Article 13 of the Decree 144/2021/NĐ-CP, a fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:
a) Forging documents to make an additional seal of an organization or state official;
b) Forging a seal or using a fake seal;
c) Appropriating, illegaling trading seals;
d) Illegally destroying seals.
5. Additional penalties:
a) Confiscation of the exhibits and means of administrative violations in case of violations specified in Points c, e and g Clause 3 and Points a and b Clause 4 of this Article;
b) Expulsion of foreigners committing the violations specified in Clauses 3 and 4 of this Article.
As regulations above, the violators being individuals shall be fined from 5.000.000 VND to 10.000.000. Meanwhile, the violators being organizations shall be fined from 10.000.000 VND to 20.000.000 VND. If foreigners commit the violations, they could be expunged as a additional penalty.
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