What are the regulations on handover, recovery, cancellation of seal and cancellation of seal use value in Vietnam?

Cases in which the seal must be handed over to the seal sample registration body in Vietnam

Pursuant to the provisions of Clause 1, Article 18 of Decree 99/2016/ND-CP, the bodies, organizations or titles of the State shall have to hand over their seal to the seal sample registration body in the following cases:

(1) Re-registration of seal sample due to its deformation, wear-out, damage, change of material or when the bodies, organizations or titles of the State have change of their organizations or names;

(2) There is a decision on division, separation, merger, consolidation, dissolution, operational termination or duty termination from the competent authorities;

(3) There is a decision on recovery of establishment and operation, operation registration certificate or operation permit from the competent authorities;

(4) The lost seal has been found after its use value was destroyed;

(5) There is a decision on temporary suspension or suspension of operation from the competent authorities;

(6) The cases specified in Paragraphs , 2, 3, 4, 5, 6, 7 and 8, Article 6 of Decree 99/2016/ND-CP.

Cases in which the seal must be handed over to the seal sample registration body in Vietnam (Internet image)

What are the regulations on handover, recovery, cancellation of seal and cancellation of seal use value in Vietnam?

According to Clause 2, Article 18 of Decree 99/2016/ND-CP, the handover, recovery, cancellation of seal and cancellation of seal use value shall be done as follows:

- For cases specified under (1), before receiving the new seal, the bodies, organizations or individuals shall have to hand over their seals previously registered to the seal sample registration body for prescribed recovery and cancellation of seal.

- For cases specified under (2) and (3), the bodies, organizations or individuals shall have to hand over their seals previously registered to the seal sample registration body in line with time limit specified in the decision of the competent authorities for prescribed recovery and cancellation of seal.

Where the body, organization or individual does not hand over its seal in line with regulations, the body issuing the seal sample registration certificate shall issue a decision on cancellation of seal use value;

- For cases specified under (4), the bodies, organizations or individuals shall have to hand over their seals to the body previously issuing the seal sample registration certificate right after finding the lost seal for prescribed recovery and cancellation.

- For cases specified under (5), the body, organization or individual shall hand over its seal to the body previously issuing the seal sample registration certificate in line with the time limit for handover specified in the decision from the competent authorities for seal recovery, particularly:

The body which recovers the seal must secure and manage it. When the body or organization receives the decision on permitted re-operation, the body which has recovered the seal shall hand over it to the body or organization for prescribed use.

Where the body, organization or individual does not hand over its seal in line with regulations, the body issuing the seal sample registration certificate shall issue a decision on cancellation of seal use value;

For cases the body issuing the seal sample registration certificate has issued the decision on cancellation of seal use value but after that the body or organization whose operation is suspended or temporarily suspended is permitted to re-operate, the body or organization permitted to use the seal shall have to re-register its seal sample for prescribed use;

- For cases specified in Paragraphs 1, 2, 3, 4 and 5, Article 6 of Decree 99/2016/ND-CP, when detecting any act of violation from the bodies, organizations or individuals, the body registering the seal sample shall recover and cancel their seals in line with regulations.

Where the bodies, organizations or individuals violate the provisions in Paragraphs 2, 3, 4 and 5, Article 6 of Decree 99/2016/ND-CP, the body registering the seal sample shall issue a decision on cancellation of seal use value;

- For cases specified in Paragraph 6, Article 6 of Decree 99/2016/ND-CP, when detecting any act of violation from the bodies, organizations or individuals, the body issuing the seal sample registration shall issue a notice of seal handover and recover the seal in line with regulations.

Where the bodies, organizations or individuals fail to comply and hand over their seals, the seal sample registration body shall issue a decision on cancellation of seal use value. After the seal sample registration body has cancelled the seal use value, the bodies, organizations or individuals permitted to use the seal shall have to re-register their seal sample for prescribed use.

- For cases specified in Paragraph 7, Article 6 of Decree 99/2016/ND-CP, when detecting any act of violation from the bodies, organizations or individuals, the body previously issuing the seal sample registration certificate shall issue a notice of seal handover for handling according to regulations of law.

Where the bodies, organizations or individuals fail to comply and hand over their seals, the body previously issuing the seal sample registration certificate shall issue a decision on cancellation of use value of the seal illegally appropriated and re-register the seal sample for the bodies or organizations using the seal according to regulations of law.

- For cases specified in Paragraph 8, Article 6 of Decree 99/2016/ND-CP, when detecting any act of violation from the bodies, organizations or individuals, the seal sample registration body shall issue a notice of seal handover and recover the seal as stipulated.

Where the bodies, organizations or individuals fail to comply and hand over their seals, the seal sample registration body shall deal with this case according to regulations of law.

Mai Thanh Loi

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