Joint Circular No. 07/2002/TTLT-BCA-BTCCBCP on guiding the implementation of certain provisions of Government Decree No. 58/2001/NĐ-CP dated August 24, 2001, on management and use of seals

JOINT CIRCULAR

Regarding the guidance on implementing certain provisions of Decree No. 58/2001/NĐ-CP dated August 24, 2001, of the Government on seal management and usage

_________________________

Pursuant to Decree No. 58/2001/NĐ-CP dated August 24, 2001, of the Government on seal management and usage, the Ministry of Public Security and the Government Organizational Cadre Department jointly issue guidance on implementing certain provisions of the Decree as follows:

1. GUIDANCE ON CERTAIN GENERAL PROVISIONS IN

DECREE NO.: 58/2001/NĐ-CP

1. The competent authority is the agency with the power to decide on establishment or grant permission for operation or recognize legal personality of an organization or entity in accordance with the law.

2. Clause 12, Article 3 of Decree No. 58/2001/NĐ-CP stipulates that some organizations permitted by the Prime Minister to use seals bearing the National Emblem are those not covered under Clauses 1 through 11 of Article 3 of Decree No. 58/2001/NĐ-CP but are decided by the Prime Minister to be allowed to use seals bearing the National Emblem.

3. Clause 7, Article 4 of Decree No. 58/2001/NĐ-CP stipulates that some other organizations permitted by the competent authority to use seals are those not included in the organizational structure of Ministries or sectors but are established and permitted to use seals by state agencies with the authority prescribed by law.

4. Clause 1, Article 6 of Decree No. 58/2001/NĐ-CP stipulates that if there is a need for an additional seal with the same content as the first seal, it must be approved in writing by the competent authority that established the entity. This means that in cases where an entity has a wide operational area outside the province or centrally-administered city where its main office is located, due to the nature of work and necessity for timely management, such entities may request permission from the authority that established or granted permission for operation to use an additional seal with the same content as the first seal.

5. Article 8 of Decree No. 58/2001/NĐ-CP stipulates symbols or foreign characters in seals as follows:

5.1. Symbols within seals are defined in the Constitution, Laws, Ordinances, Decrees of the Government, Decisions of the Prime Minister, or symbols of international organizations as provided in international treaties to which Vietnam is a party or has direct relations and is permitted by the State.

5.2. Foreign characters in the content of seals are the specific names of agencies or organizations in foreign languages recorded in decisions, licenses for establishment, representative offices, adjustment licenses, and other licenses issued by competent state authorities in Vietnam.

II. PROCEDURES FOR SEAL ENGRAVING, BRINGING SEALS FROM ABROAD INTO VIETNAM FOR USE AND APPLICATION PROCEDURES

FOR USING SEALS WITH THE NATIONAL EMBLEM OR

SEALS WITH THE SAME CONTENT AS THE FIRST SEAL

A. SEAL ENGRAVING PROCEDURES

1. Agencies and organizations specified in Article 3 of Decree No. 58/2001/NĐ-CP must have documents establishing, merging, or splitting administrative units at various levels issued by the competent authority in accordance with the law.

Engraving of seals for state positions as stipulated in Clause 2, Article 3 of Decree No. 58/2001/NĐ-CP must be based on a written proposal from the National Assembly Office, the President's Office, or the Government Office.

2. Specialized agencies and public service organizations must have establishment decisions and permits to use seals from the competent authority. If the establishment decision does not include permission to use a seal, the establishment authority must issue a document allowing the agency or organization to use a seal.

3. Political organizations, political-social organizations, social-professional organizations must have establishment decisions or permits to use seals, and approved charters of activities from the competent authority. For central-level associations operating nationwide, the approval decision of the charter is made by the Government Organizational Cadre Department; for associations operating within provinces or centrally-administered cities, the approval decision of the charter is made by the Chairman of the Provincial People's Committee. All associations under these systems must have establishment decisions in accordance with the legally prescribed procedures according to the approved association charter.

Religious organizations must have charters or constitutions approved in writing by the Government Religious Board or the provincial Religious Board.

Scientific organizations must have a scientific registration certificate issued by the Ministry of Science, Technology, and Environment or the provincial Department of Science, Technology, and Environment.

Magazines and Publishing Houses must have operating licenses issued by the Ministry of Culture, Sports, and Tourism or the provincial Department of Culture, Sports, and Tourism.

Foreign organizations without diplomatic functions operating legally in Vietnam, except economic organizations operating under the Law on Foreign Investment in Vietnam, must have licenses issued by the competent authority in Vietnam.

4. Economic Organizations:

4.1. For economic organizations operating under the Enterprise Law and the Cooperative Law, they must have a Business Registration Certificate or a Business Operation Registration Certificate (for branches and representative offices).

4.2. For economic organizations operating under the Law on Foreign Investment in Vietnam, they must have an Investment License or an Investment Adjustment License.

4.3. For economic organizations operating under the Insurance Business Law, they must have a Decision on Establishment and Operation or an Adjustment License (for branches and representative offices) or a Representative Office Establishment License in Vietnam (for foreign insurance companies) issued by the Ministry of Finance.

4.4. For state-owned enterprises, enterprises belonging to political organizations, political-social organizations, and their affiliated units, they must have a Business Registration Certificate and an Establishment Decision from the competent state authority.

4.5. For branches and representative offices of state-owned enterprises, enterprises belonging to political organizations, political-social organizations, cooperatives, cooperative federations, and economic organizations operating under the Law on Foreign Investment in Vietnam, in addition to the above documents, they must also have a document from the provincial People's Committee permitting them to establish headquarters and operate in that locality.

4.5. For branches and representative offices of state-owned enterprises, enterprises under political organizations, political-social organizations, cooperatives, cooperative unions, and economic organizations operating under the Law on Investment in Vietnam, in addition to the aforementioned documents, they must have a written authorization from the People's Committee of the province allowing them to establish their headquarters and operate in that locality.

For subordinate units of enterprises that have not been issued a "Business Registration Certificate", there must be a decision on establishment and permission to use a seal from the competent state agency.

5. In cases where a seal needs to be recarved due to loss, wear, distortion, or damage, there must be a letter from the organization using the seal stating the reasons and requesting the police authority to recarve the seal. In cases of lost seals, an additional confirmation from the police station where the loss occurred is also required.

6. The application documents for seal carving procedures of agencies and organizations must present the original and submit a certified copy.

7. The person designated to handle the seal carving procedures must have an Introduction Letter and either an Identity Card or Passport.

Within seven working days from receiving complete and valid application documents, the police authority must process the issuance of a permit for agencies and organizations to carve seals.

B. PROCEDURES FOR BRINGING SEALS FROM ABROAD INTO VIETNAM FOR USE

Foreign agencies and organizations operating in Vietnam, except diplomatic representative offices, must comply with the following regulations when bringing seals into Vietnam for use:

1. There must be a request document regarding the bringing of seals from abroad into Vietnam for use, according to the model prescribed by the Ministry of Public Security.

2. A document permitting operation in Vietnam issued by the competent authority (the original must be presented and a certified copy submitted).

3. The person handling the procedure to bring seals from abroad into Vietnam for use must present a Passport or Identity Card.

Within seven working days from receiving complete and valid application documents, the police authority must process the issuance of a "Permit to Bring Seals into the Socialist Republic of Vietnam" for the agency or organization applying for permission.

Within seven working days from being permitted to bring seals from abroad into Vietnam, the agency or organization using the seal must bring the Permit and the seal to the provincial police authority where their headquarters is located to register and obtain a "Certificate of Seal Registration". The period of seal usage will be determined according to the duration specified in the operational permit issued by the competent Vietnamese state authority.

C. PROCEDURES FOR REQUESTING THE USE OF SEALS WITH THE NATIONAL EMBLEM OR SEALS WITH THE SAME CONTENT AS THE FIRST SEAL:

1. Organizations stipulated in Clause 12, Article 3 of Decree No. 58/2001/NĐ-CP, when requesting to use seals with the National Emblem, must send a document to the Government's Organizational and Cadre Affairs Board. The Government's Organizational and Cadre Affairs Board will coordinate with the Ministry of Public Security to examine and report to the Prime Minister for a decision in writing. After the Prime Minister's decision, the Ministry of Public Security will proceed with the seal carving procedures and management as prescribed.

2. Agencies and organizations requesting to use additional seals with the same content as the first seal prescribed in Clause 1, Article 6 of Decree No. 58/2001/NĐ-CP shall be implemented as follows:

2.1. For agencies and organizations requesting to use seals with the National Emblem, they must obtain a written decision from the Prime Minister.

2.2. For agencies and organizations requesting to use seals without the National Emblem, they must obtain a written decision from the competent authority.

III. MANAGEMENT AND USE OF SEALS

1. Responsibilities of agencies and organizations authorized to establish and permit the use of seals:

1.1. Establish and permit in writing subordinate agencies and organizations under their management to use seals;

1.2. Permit subordinate agencies and organizations to carve additional seals with the same content as the first seal;

1.3. Inspect the storage and use of seals by subordinate agencies and organizations in accordance with the law;

1.4. Decide in writing to revoke seals of agencies and organizations under their authority to establish and permit seal use in cases of dissolution, division, separation, merger, conversion, or when seal use must be suspended or when the seal has expired its usefulness.

2. Responsibilities of agencies and organizations permitted to use seals: Agencies and organizations permitted to use seals must comply with the following provisions:

2.1. Register the seal at the police authority and notify the relevant authorities of the seal design before use;

2.2. The seal may only be affixed to documents and papers after they have been signed by the authorized level including the head, deputy head, or directly delegated authority of the agency or organization; it cannot be affixed to blank documents or before signing;

2.3. The seal must be kept at the agency or organization's headquarters and managed strictly. In cases where work requires the seal to be taken outside the headquarters, the head of the agency or organization must decide on taking the seal out and bear responsibility for its use during this time;

2.4. When a seal is lost, the agency or organization must report to the police station where the loss occurred and to the supervising authority, and simultaneously submit a written report and return the "Certificate of Seal Registration" to the police authority that issued it;

2.5. If the "Certificate of Seal Registration" is lost, the agency or organization must submit a request document and take the seal to the police authority that issued it to re-register;

2.6. If the seal of an agency or organization is worn, distorted, damaged, or in cases of division, separation, merger, conversion, dissolution, or termination of tasks, the head of the agency or organization must surrender the old seal and the "Certificate of Seal Registration" to the police authority that issued them; if a new seal is carved, it can only be received after surrendering the old seal and the previously issued "Certificate of Seal Registration".

3. Inspection of seal management and use:

3.1. Content of inspection of seal management and use:

- Inspection of the "Certificate of Seal Registration";

- Inspection of the current condition of the seal in use;

- Inspection of seal preservation and use operations.

3.2. The inspection must be recorded in a protocol as prescribed, clearly stating the inspection results, and confirmed by the head of the agency or organization using the seal.

IV. IMPLEMENTATION

1. The heads of ministries, ministerial-level agencies, governmental agencies, central-level mass organizations, Chairpersons of People's Committees of provinces and centrally governed cities shall, within their respective functions, tasks, and authorities, coordinate with the Ministry of Public Security and the Government Organizational Personnel Council in managing, inspecting the management, preservation, and use of seals under their ministries', sectors', and localities' responsibility in accordance with Decree No. 58/2001/ND-CP and this Circular.

2. The Ministry of Public Security shall have the following responsibilities:

2.1. Issuing regulations to unify the models of various types of seals, the organization of seal engraving, system of forms, and inspections of seal management and use nationwide;

2.2. Coordinating with the Government Organizational Cadre Council, political organizations, and political-social organizations to unify the models of seals, management, and use of seals for political organizations and political-social organizations;

2.3. Coordinating with the Government Religious Affairs Council and central agencies of religious organizations in Vietnam to unify the models of seals, management, and use of seals within religious organizational systems as prescribed in Decree No. 58/2001/ND-CP;

2.4. Directing provincial and centrally governed city public security organs to organize and implement legal provisions on seal management and use.

3. The Government Organizational Cadre Council shall be responsible for:

3.1. Reviewing and confirming the type of organization of agencies and organizations using seals when necessary;

3.2. Coordinating with the Ministry of Public Security to submit to the Prime Minister decisions regarding cases requesting the use of seals bearing the National Emblem as stipulated in Clause 12, Article 3 of Decree No. 58/2001/ND-CP and cases requesting the use of seals with identical content to the first seal within the Prime Minister's authority;

3.3. Coordinating with the Ministry of Public Security in activities to inspect seal management and use by agencies and organizations as prescribed;

4. This Circular shall take effect fifteen days from the date of signature and replace Circular No. 32/TT-LB dated December 30, 1993, issued jointly by the Ministry of Home Affairs and the Government Organizational Cadre Council, guiding the implementation of Decree No. 62/CP dated September 22, 1993, of the Government on seal management and use.