What is a seal? Conditions for the use of seal in Vietnam

What is a seal? Conditions for the use of seal in Vietnam (Internet image)

1. What is a seal? Types of seals in Vietnam

According to Clause 1, Article 3 of Decree 99/2016/ND-CP, seal is a special means which is registered, managed and used by the competent state authorities to be affixed on documents and papers of bodies and organizations or titles of the state.

Specifically, the seal specified in Decree 99/2016/ND-CP, includes:

- Seal bearing national Emblem is the one which bears the national Emblem of the Socialist Republic of Vietnam on its surface.

-. Seal bearing symbol is the one which bears the symbolic image of the bodies or organizations and is recognized by law or stipulated in international agreements in which Vietnam is member.

- Seal without symbol is the one which has no national Emblem or symbolic image on its surface as stipulated in seal bearing national Emblem and seal bearing symbol.

(Clause 2, 3 and 4, Article 3 of Decree 99/2016/ND-CP)

2. Conditions for the use of seal in Vietnam

Specifically, in Article 5 of Decree 99/2016/ND-CP, the conditions for the use of seal in Vietnam is 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.

3. Prohibited acts in the management and use of seals in Vietnam

Individuals, agencies and organizations are strictly prohibited from performing the following acts:

- Forge seal or use fake seal.

- Illegally buy and sell or destroy seal.

- Use invalid seal.

- Intentionally distort or modify the content of registered seal sample.

- Fail to hand in seal as decided by the competent body or seal sample registration body.

- Borrow, lend, rent, lease, pledge, mortgage seal or use seal of another body or organization for operation.

- Illegally occupy or appropriate seal.

- Use seal without registration of seal sample.

- Forge, modify or distort the content of information in the Certificate of seal sample registration.

- Affix seal on the signature of person having no authority.

- Fail to comply with the seal inspection and fail to present seal upon requirement for inspection of the seal sample registration body.

- 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.

- Other acts as prescribed by law.

(Article 6 of Decree 99/2016/ND-CP)

Thanh Rin

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE