Regulations on management of seals and security key storage equipment in Vietnam

Regulations on management of seals and security key storage equipment in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on management of seals and security key storage equipment in Vietnam

Regulations on management of seals and security key storage equipment in Vietnam according to Article 32 of Decree 30/2020/ND-CP are as follows:

- The entity’s head shall be responsible for assigning the records department to manage and use seals and security key storage equipment in accordance with regulations.

- The records department shall assume the following responsibilities

+ Ensure the safekeeping and use of seals and secret key storage equipment at the entity’s office.

+ Hand over seals or security key storage equipment to others only when written consent from the competent person is given. Handover of seals or security key storage equipment must be documented.

+ Directly stamp, digitally sign documents issued by the entity and copies thereof.

+ Add the entity’s seal and digital signature to documents only if these documents are already signed by the competent person and copies of these documents are directly made by the entity.

- Individuals shall be solely responsible for safekeeping of security key storage equipment and security keys.

2. Regulations on the use of seals and security key storage equipment in Vietnam

Regulations on use of seals and security key storage equipment according to Article 33 of Decree 30/2020/ND-CP are as follows:

- Using seals

+ When embossing the seal imprint, the imprint must be clear, neat, in the right direction and in red ink according to the regulations in force.

+ When chopping a seal across a signature, the seal imprint must overlap about 1/3 of the signature to the left.

+ With respect to documents annexed to the main text or appendices, the seal imprint is embossed on the top page and overlap a part of the entity's name or the title of an appendix.

+ Chopping seals at the upper left corner, chopping seals spanning all pages and embossing raised seals on paper documents shall be subject to the decision of the entity’s head.

+ A seal on adjoining edges of pages is chopped in the midst of the right edges of pages of a document or appendix, partially spanning pages; each seal of this kind is chopped on 05 pages at maximum.

- Use of security key storage equipment

The entity’s security key storage equipment may be used for digitally signing electronic documents that the entity issues, and electronic copies made from paper documents.

3. Duties involved in the state supervision of records management activities

Duties involved in the state supervision of records management activities according to Article 34 of Decree 30/2020/ND-CP is as follows:

- Formulating, issuing, directing and guiding the implementation of legislative documents on records management activities.

- Taking uniform control of records management activities.

- Supervising scientific researches, application of science and technology for records management activities.

- Managing training provided for clerks, archivists or persons charged with records management activities; managing emulation, commendation and rewarding tasks involved in records management activities.

- Inspecting, examining and handling complaints and denunciations and taking action against violations of the laws on records management activities.

- Entering into international cooperation in records management activities.

- Making the preliminary or final review of records management activities.

4. Responsibilities for control or supervision of records management activities in Vietnam

Responsibilities for control or supervision of records management activities according to Article 35 of Decree 30/2020/ND-CP are as follows:

- The Ministry of Home Affairs shall be held responsible to the Government for the state supervision of records management duties.

- Ministries, Ministry-level agencies, Governmental bodies, People's Committees at all levels and state enterprises shall, within the scope of their assigned duties and delegated authority, have the following responsibilities:

+ In compliance with laws, issuing and providing instructions on implementation of regulations on records management activities.

+ Checking the implementation of regulations on records management activities by agencies and organizations under their management; settling complaints and denunciations and handling violations of laws on records management activities according to their competence.

+ Conducting and directing scientific and technological researches and application for records management activities.

+ Providing funds for modernization of technical means and infrastructure for use in records management activities, effective management and operation of the electronic document management system.

+ Providing suitable personnel, working position, space and means, ensuring protection of state secrets, safekeeping of the entity’s seals and security key storage equipment.

+ Managing training provided for clerks, archivists or persons charged with records management activities; managing emulation, commendation and rewarding tasks involved in records management activities.

+ Making the preliminary and final review of records management performance within sectors, industries and localities.

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