Procedures for removing anti-tampering stamps to transfer corporation’s impounded records, documents, devices containing electronic data or seal in Vietnam

Procedures for removing anti-tampering stamps to transfer corporation’s impounded records, documents, devices containing electronic data or seal in Vietnam​ (Image from Internet)

1. Regulations on the seal records, documents or devices containing electronic data; seal of the corporation

According to Clause 2, Article 38 of Decree 44/2020/ND-CP on the seal records, documents or devices containing electronic data; seal of the corporation in Vietnam:

- Check to specifically, fully, and accurately describe the condition of the documents, records, electronic data storage devices, and seals of the commercial legal entities in the sealing record;

- Package or tightly seal the documents, records, electronic data storage devices, and seals of the commercial legal entities that need to be sealed;

- The competent criminal execution agency implementing the sealing must notify the legal representative of the commercial legal entities, representatives of agencies, organizations, and individuals who have rights, obligations, and responsibilities related to the documents, records, electronic data storage devices, and seals of the commercial legal entities, and the representatives of the local government where the sealing is organized. The aforementioned persons must sign, clearly stating their full names or fingerprint (with a note of the person's name who provided the fingerprint) on the sealing paper (written or fingerprinted in indelible ink);

- Affix the sealing paper

For documents, records, the sealing paper must be affixed over parts that can be opened to access the documents, records, or can affect the integrity of the documents, records.

For the electronic data storage devices and seals of commercial legal entities, the sealing paper must be affixed over critical parts that determine the origin.

Depending on the specific case, appropriate protective measures for the sealing paper must be taken according to the conditions of transportation and storage;

- Conclusion of sealing documents, records, electronic data storage devices, and seals of commercial legal entities

The competent criminal execution agency shall make a sealing record. The record must accurately describe the quantity, characteristics, and condition of the documents, records, electronic data storage devices, and seals of the commercial legal entities before and after sealing, with full signatures, full names, or fingerprints (with a note of the name of the person who provided the fingerprint) of the personnel organizing, participating in sealing, temporarily holding, or confiscating. The record is made in 02 copies of equal value, with one copy included in the execution file and one copy handed to the legal representative of the commercial legal entities.

In case the legal representative of the commercial legal entities refuses to sign the record or sealing paper, the competent criminal execution agency must note it in the record.

If the legal representative of the commercial legal entities, the representatives of agencies, organizations, and individuals having rights, obligations, and responsibilities related to the documents, records, electronic data storage devices, and seals of the commercial legal entities being sealed, temporarily held, or confiscated have been notified but are not present, the competent criminal execution agency still organizes the sealing, temporary holding, or confiscation of documents, records, electronic data storage devices, and seals, but must note it clearly in the record.

2. Procedures for removing anti-tampering stamps to transfer corporation’s impounded records, documents, devices containing electronic data or seal in Vietnam

Article 40 of Decree 44/2020/ND-CP stipulates the procedures for removing anti-tampering stamps to transfer corporation’s impounded records, documents, devices containing electronic data or seal in Vietnam:

* Preparation for removing anti-tampering stamps

The competent criminal execution agency organizing the unsealing must notify the legal representative of the commercial legal entities, representatives of agencies, organizations, and individuals who have rights, obligations, and responsibilities related to the documents, records, electronic data storage devices, and seals of the commercial legal entities, and representatives of the local government where the unsealing is taking place.

* Implementation of unsealing

- Inspect the seal of the documents, records, electronic data storage devices, and seals of the commercial legal entities before unsealing;

- Remove the sealing paper and open the documents, records, electronic data storage devices, and seals of the commercial legal entities that are packaged or tightly sealed.

Remove the sealing paper from the documents, records, electronic data storage devices, and seals of the commercial legal entities that are not packaged or sealed tightly;

- Inspect the documents, records, electronic data storage devices, and seals of the commercial legal entities after unsealing.

* Conclusion of unsealing

Upon finishing the unsealing, make a record; the unsealing record must accurately describe the condition before unsealing, the condition of the documents, records, electronic data storage devices, and seals of the commercial legal entities after unsealing, and have full signatures, full names, or fingerprints (with a note of the person's name who provided the fingerprint) of the personnel directly presiding, and participants in the unsealing. The record is made in 02 copies of equal value, with one copy handed to the legal representative of the commercial legal entities, and one copy included in the execution file.

If the seal is not intact upon inspection, a record must be made about the condition of the sealed documents, records, electronic data storage devices of the commercial legal entities, the condition of the documents, records, electronic data storage devices, and seals of the commercial legal entities to verify and handle according to the legal provisions.

After concluding the unsealing, the competent criminal execution agency must hand over the documents, records, electronic data storage devices, and seals of the commercial legal entities. The handover must be documented in a record with full signatures, full names, or fingerprints (with a note of the person's name who provided the fingerprint) of the personnel directly presiding, participants in the unsealing in accordance with the law and Decree 44/2020/ND-CP.

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