Circular No. 01/2015/TT-BCT stipulates the procedures for registering business seals for traders engaged in commercial inspection services.

CIRCULAR

Regulations on the procedure for registering business seals of traders operating  commercial inspection services

dịch vụ鉴定商业鉴定

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Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 20/2006/NĐ-CP dated February 20, 2006, of the Government, detailing the Law on Commerce regarding the operation of commercial inspection service businesses;

Pursuant to Decree No. 125/2014/NĐ-CP dated December 29, 2014 of the Government amending and supplementing provisions on commercial inspection services in Decree No. 120/2011/NĐ-CP dated December 16, 2011 and Decree No. 20/2006/NĐ-CP dated February 20, 2006;

At the request of the Director of the Legal Department,

The Minister of Industry and Trade issues this Circular stipulating the procedures for registering business seals for traders providing commercial inspection services.

Article 1. Scope of Regulation

This Circular stipulates the procedures for registering business seals for traders providing commercial inspection services.

Article 2. Applicability

This Circular applies to traders providing commercial inspection services and other related organizations and individuals.

Article 3. Registration Authority for Business Seals

2. Responsibilities of the Registration Authority for Business Seals:

a) Implement the registration of business seals as prescribed in Articles 4, 5, 6, and 7 of this Circular;

b) Fully implement record-keeping systems for business seal registration files in accordance with laws on record-keeping;

c) Inspect, audit, supervise the activities of trading commercial inspection services; conduct inspections of commercial inspection service operations when necessary to promptly cancel the registration of business seals in cases stipulated in Article 12 of Decree No. 20/2006/NĐ-CP;

d) Timely report and coordinate with the Ministry of Industry and Trade in case of difficulties or obstacles arising during implementation.

Article 4. Documents and Procedure for Registering Business Seals

1. The documents for registering business seals include:

a) One (1) original Application for Registration of Business Seal implemented according to the model attached to this Circular;

b) One copy of the Enterprise Registration Certificate or Investment Certificate in the following cases:

- A certified copy for direct submission or submission via postal service;

- A photograph attached with the original for comparison for direct submission.

c) Samples of business seals or designs of business seals that the trader wishes to register.

2. In cases where electronic submission of administrative procedures is applied, the trader shall submit scanned copies of the documents specified in Clause 1 of this Article from the originals.

3. Procedure for Processing Business Seal Registration Applications:

a) Within three working days from the date of receipt of the dossier, the agency responsible for registering business seals shall notify the trader in writing to supplement and complete the dossier if it is incomplete or invalid;

b) Within seven working days from the date of receiving a valid dossier in accordance with Clause 1 of this Article, the agency responsible for registering business seals shall register the business seal used in inspection certificates of the trader in the Register of Business Seals and notify the trader in writing of the registration of the inspection business seal.

Article 5. Documents and procedures for registering changes and supplements to business seals

1. In case of changing or supplementing the business seal in inspection certificates, traders operating commercial inspection services must register with the agency responsible for registering business seals at the location where they registered their business.

2. The procedures for handling and the documents required for registering changes and supplements to business seals shall be carried out in accordance with the provisions of Article 4 of this Circular.

3. When transferring the main office address to another province or centrally governed city, the trader has the responsibility to notify in writing to the agency responsible for registering business seals at the new location about the registration of the business seal at the previous location within thirty days from the transfer date and is not required to go through the registration procedure again.

Article 6. Cancellation of Registration of Business Seals

The cancellation of registration of business seals shall be carried out in accordance with the provisions of Article 12 of Decree No. 20/2006/NĐ-CP.

1. Responsibilities of the Ministry of Industry and Trade:

The Science and Technology Department shall take the lead and coordinate with the E-commerce and Information Technology Department to publish a list of traders who have registered inspection business seals on the Ministry of Industry and Trade's website at www.moit.gov.vn, including the following information: name of the trader; main office address; inspection service fields registered by each trader and other related information (if any).

2. Responsibilities of the Department of Industry and Trade:

a) The Department of Industry and Trade shall implement the registration of business seals for traders based on the provisions of this Circular and other relevant laws;

b) The Department of Industry and Trade shall report to the Ministry of Industry and Trade (Science and Technology Department) a list of traders who have registered business seals; main office addresses; inspection service fields registered by each trader (if any) within thirty days from the effective date of this Circular;

c) The Department of Industry and Trade shall update the Ministry of Industry and Trade (Science and Technology Department) on the contents specified in point b, Clause 2 of this Article within thirty days from the date the trader registers anew, changes, supplements, or has their registration canceled.

Article 8. Effective Date

1. This Circular takes effect from February 27, 2015.

2. This Circular replaces Circular No. 06/2006/TT-BTM dated April 11, 2006, issued by the Ministry of Trade guiding the procedures for registering business seals for traders providing commercial appraisal services.