✦ Tóm lược thông minh
Circular No. 07/2010/TT-BCA details the implementation of certain provisions of Decree No. 58/2001/NĐ-CP on the management and use of seals, applicable to state agencies, organizations, and foreign entities operating in Vietnam. This circular guides procedures for making, managing, using, reissuing, and recalling seals, as well as the responsibilities of the relevant parties.
Đối tượng áp dụng
State agencies and organizations; foreign agencies and organizations operating in Vietnam.
Các điểm cốt lõi
- Agencies and organizations with systems from central to grassroots levels are permitted to use seals without a separate permit to use seals (Article 4.1.a).
- Procedures for making new seals and reissuing lost seals must present specific documents (Article 4, Article 5).
- The Public Security agency shall process seal-related procedures within four working days from the date of receiving valid files (Article 4.1.d).
- The responsibility of the competent authority managing seals is to inspect the storage and use of seals and recall seals according to regulations (Article 10).
- Agencies and organizations using seals must register seal samples with the Public Security agency before use (Article 11.1).
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps manage and use seals effectively, preventing forgery and improper use.
- Negative impact: Time-consuming and labor-intensive for related seal procedures (such as reissuing lost seals).
❓ Câu hỏi thường gặp
Which agency has the authority to issue permission to use seals?
The competent authority is a state agency with management functions, such as the Ministry of Public Security and local authorities with such competencies (Article 3).
How long does it take to process seal-making procedures?
Within four working days from the date of receiving valid files, the Public Security agency must process seal-related procedures (Article 4.1.d).
Which agency is responsible for managing and inspecting the use of seals?
This responsibility belongs to the agency or organization with the authority to establish, recognize, license operations, and permit the use of seals (Article 10).
Which agency processes seal-making procedures?
The Administrative Police Management Department under the Ministry of Public Security or the Administrative Police Management Department under the Provincial Police Force of centrally administered cities (Article 12).
If a seal is lost, which agency is responsible for recalling it?
The head of the agency or organization must hand over the seal and the Registration Certificate for the seal to the Public Security agency that issued it (Article 11.6).
Toàn văn
CIRCULAR
These detailed regulations implement certain provisions of Decree No. 58/2001/ND-CP dated August 24, 2001 on the management and use of seals, which has been amended and supplemented by certain provisions of Decree No. 31/2009/ND-CP dated April 1, 2009.
Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;
The Ministry of Public Security issues detailed regulations implementing certain provisions of Decree No. 58/2001/ND-CP dated August 24, 2001 on the management and use of seals, as amended and supplemented by Decree No. 31/2009/ND-CP dated April 1, 2009 (hereinafter referred to as Decree No. 58/2001/ND-CP), as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular details the implementation of certain provisions of Decree No. 58/2001/ND-CP regarding procedures for making seals; bringing seals of foreign agencies and organizations into Vietnam; managing and using seals of agencies, organizations, and state positions.
Article 2. Applicability
This Circular applies to state agencies, organizations, and state positions; foreign agencies and organizations operating within the territory of the Socialist Republic of Vietnam.
Article 3. Explanation of Terms
1. State agency with authority, competent agency (hereinafter referred to as the competent agency) as stipulated in Article 4, Clause 1 of Article 6, Clause 1, Clause 2 of Article 10, and Clause 3 of Article 11 of Decree No. 58/2001/ND-CP is an agency with the authority to decide on establishment, issue operation permits, or recognize legal personality of agencies and organizations in accordance with the law.
2. Other organization as stipulated in Clause 12 of Article 3 of Decree No. 58/2001/ND-CP is an organization not falling under Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10, and Clause 11 of Article 3 of Decree No. 58/2001/ND-CP but permitted by the Prime Minister to use seals bearing the National Emblem.
3. Other organization as stipulated in Clause 7 of Article 4 of Decree No. 58/2001/ND-CP are organizations not included in the structure of Ministries or sectors but established, issued operation permits, or recognized legal personality and allowed to use seals by competent authorities as prescribed by law.
4. Agencies and organizations needing an additional second seal with identical content to the first seal are agencies and organizations having branch offices outside the province or centrally-administered city where their main office is located, with representatives working directly at those branch offices and requiring the use of a second seal.
5. The emblem of the agency or organization in the seal must be the emblem of that agency or organization and must be specified in legal normative documents or international treaties to which Vietnam is a party.
6. The name of the agency or organization in a foreign language or abbreviation in the seal is the name recorded in the decision, permit for establishment, representative office registration certificate, business registration certificate, investment certificate, and other documents issued or recognized by the competent authority of Vietnam.
Chapter II
PROCEDURES FOR MAKING SEALS
Article 4. Procedures for Making Seals
1. General Procedures for Seals
a) Agencies and organizations with a system from central to grassroots levels, as specified in legal normative documents or approved by competent authorities, are allowed to use seals, do not need a decision permitting the use of seals;
b) The establishment decision, permit of the competent authority must be presented in original form and submitted with certified true copies when applying for seal-making procedures, reissuing Seal Registration Certificates, bringing seals from abroad into Vietnam for use as stipulated in Articles 4, 5, 6, 7, 8, and 9 of this Circular;
c) The person directly contacting the police agency to apply for seal-making, reissuing Seal Registration Certificates, bringing seals from abroad into Vietnam for use must have an Introduction Letter or Power of Attorney, accompanied by a National Identity Card or Passport;
d) Within four working days from the date of receiving valid applications, the police agency must process seal-related procedures as stipulated in this Circular, register seal samples, and return the seals and Seal Registration Certificates to the agencies, organizations, and state positions.
2. Procedures for Making New Seals
a) For agencies and organizations using seals with the National Emblem: specialized agencies and public service organizations need the establishment decision and permission to use seals issued by the competent authority as prescribed by law.
b) For political-social organizations, religious organizations, non-governmental organizations, mass organizations, and professional associations need the establishment decision and charter or constitution allowing the use of seals, approved by the competent authority.
c) For scientific and technological organizations need the establishment decision, permission to use seals, and Certificate of Registration for Scientific and Technological Activities.
d) For media and publishing organizations need the establishment decision, permission to use seals, and Media Operation Permit, Publishing Permit issued by the competent authority.
f) For foreign organizations without diplomatic functions need the permit issued by the competent authority of Vietnam.
e) For diplomatic missions need the diplomatic note of the diplomatic mission accompanied by the seal sample and a letter from the Ministry of Foreign Affairs of Vietnam.
g) For organizations operating under the Insurance Business Law and Securities Law need the establishment and operation permit.
h) For economic organizations need Investment Certificate or Business Registration Certificate or Activity Registration Certificate, Decision to establish branch offices, savings funds under trading floors or branches of commercial banks.
3. Procedures for Replacing Lost Seals
Agencies, organizations, and state positions losing seals need to replace them, the procedures include:
- A request for replacement of seals specifying the reasons and confirmed by the commune-level agency where the loss occurred, sent to the police agency that processed the seal-making;
- The Seal Registration Certificate of the lost seal issued by the police agency.
4. Procedures for Changing Seals
Agencies, organizations, and state positions with worn-out, distorted, or damaged seals needing to change them must submit a request for changing seals and specify the reasons.
5. Procedures for Reissuing Seal Registration Certificates due to Loss or Damage
- A request for reissuing Seal Registration Certificates sent to the police agency that issued the Seal Registration Certificates;
- The current seal (for verification).
Article 5. Procedures for requesting to use seals with the National Emblem
1. Procedures for requesting to use seals with the National Emblem
a) Decision on establishment of the agency or organization by the competent authority.
b) Document sent to the Ministry of Public Security and the Ministry of Home Affairs clearly stating the necessity to use seals with the National Emblem.
2. The Ministry of Public Security and the Ministry of Home Affairs shall be responsible for reporting to the Prime Minister for consideration and decision. The Ministry of Public Security shall be responsible for directing and organizing the production of seals for that agency or organization.
Article 6. Procedures for making the second seal
1. Procedures for making the second seal
a) For economic organizations: Depending on each economic organization, procedures for making the second seal must include one of the following documents: Business Registration Certificate, Registration Certificate for Operation, Investment Certificate, Establishment and Operation Permit of the main office and the secondary office;
b) For other agencies and organizations: Decision of the competent authority establishing and allowing the use of seals at the secondary office.
2. The police agency where the first seal was registered shall be responsible for examining, accepting applications, processing procedures for making, registering, and managing the second seal according to the request of the agency or organization.
Article 7. Procedures for making smaller seals, raised seals, ink stamps
Procedures for making smaller seals, raised seals, ink stamps include:
1. Document from a state agency with the authority to issue certificates, diplomas, industry identification cards, or for professional work;
2. Official letter from the agency or organization requiring smaller seals, raised seals, or ink stamps sent to the police agency where the first seal was registered.
Article 8. Procedures for making seals with symbols, foreign characters, or abbreviations
Agencies or organizations requiring symbols, foreign characters, or abbreviations in the seal content, in addition to the procedures stipulated in Article 4 of this Circular, must submit a request document to the police agency issuing the Seal Permit (for businesses, request the police agency where the seal sample was registered).
Article 9. Procedures for bringing seals of foreign agencies and organizations into Vietnam for operation
1. Foreign agencies and organizations without diplomatic functions, if they need to bring seals from abroad into Vietnam for use, must have a permit application form prescribed by the Ministry of Public Security; establishment and operation permit issued by the competent Vietnamese authority.
2. Within three days from the date of bringing the seal into Vietnam, the foreign agency or organization must register with the authorized police agency as stipulated in Article 12 of this Circular before using it.
Chapter III
RESPONSIBILITIES FOR MANAGEMENT AND USE OF SEALS
Article 10. Responsibilities of agencies and organizations with the authority to establish, recognize, grant permission to operate, and allow the use of seals
1. Inspect the storage and use of seals of agencies and organizations under their management authority.
2. Coordinate with the police agency to recover seals and Registration Certificates of agencies and organizations under their management authority in cases of decisions to split, merge, consolidate, dissolve, terminate tasks, or change ownership forms, and hand them over to the police agency where the seal samples were registered.
3. The agency issuing the Decision to revoke the Business Registration Certificate, Investment Certificate, Registration Certificate for Branches and Representative Offices of economic organizations shall be responsible for coordinating with the police agency to recover seals and Registration Certificates.
Article 11. Responsibilities of agencies and organizations using seals
1. Register seal samples with the police agency and notify seal samples to relevant agencies and organizations before using the seal.
2. Inspect the management and use of seals of their own agencies and organizations and those under their administrative authority.
3. Strictly manage seals at the headquarters of agencies and organizations; establish specific regulations on seal management and use. In cases where seals need to be used outside the headquarters to handle work, permission from the head of the agency or organization must be obtained.
4. Only hand over seals to personnel assigned to handle documents for affixing onto documents and papers that have been filled with content and signed by authorized persons of the agency or organization; blank stamping or stamping before signing is not allowed.
5. Immediately report to the local police agency at the commune level where the seal or Certificate of Registered Seal Sample was lost for search and recovery; simultaneously, submit a written report on the loss of the seal or Certificate of Registered Seal Sample to the police agency where the seal sample was registered; if found after reporting, return the seal to the police agency for cancellation according to regulations.
6. Within thirty days from the date the decision becomes effective, the heads of agencies and organizations undergoing division, merger, consolidation, dissolution, termination of tasks, or change in ownership form must hand over the seals and Certificates of Registered Seal Samples to the police agency that issued them.
7. In cases of replacing or reissuing seals, only new seals and Certificates of Registered Seal Samples can be received after submitting old seals and Certificates of Registered Seal Samples to the police agency registering the new seal.
Article 12. Responsibilities of the Police Agency
1. The Department of Administrative Management of Social Order has the responsibility to process seal making procedures, register and issue Certificates of Registered Seal Samples for the following state agencies and organizations:
a) National Assembly, Government, state positions, Ministries, agencies equivalent to Ministries, government agencies, and subordinate agencies and organizations;
b) Central agencies of political organizations, political-social organizations, religious organizations, non-governmental organizations, mass organizations, professional associations, and their affiliated units;
c) Foreign diplomatic agencies; foreign organizations operating in Vietnam licensed and permitted by central Vietnamese agencies;
d) Vietnamese organizations operating abroad under the jurisdiction of central agencies;
đ) Economic organizations established and permitted to operate by central agencies;
e) Foreign agencies and organizations bringing seals into Vietnam for use.
2. Provincial Public Security Departments' Administrative Management of Social Order Branches have the responsibility to process seal making procedures, register seal samples, and issue Certificates of Registered Seal Samples for the following cases:
a) Specialized agencies, public service organizations, political organizations, political-social organizations, religious organizations, non-governmental organizations, mass organizations, professional associations at the local level; agencies and organizations under the vertical system operating locally;
b) Foreign agencies and organizations; economic organizations licensed and registered by the locality; agencies and organizations under the jurisdiction of the locality and other cases as notified by the Department of Administrative Management of Social Order;
c) Local agencies and organizations operating abroad.
3. Inspection of seal management and use shall be carried out as follows:
a) The following persons have the authority to inspect seal management and use:
- Director of the Department of Administrative Management of Social Order: Provincial Public Security Department Directors;
- Heads of departments under the Department of Administrative Management of Social Order; Heads of Provincial Public Security Departments' Administrative Management of Social Order Branches;
- Chiefs of Public Security Bureaus of counties, districts, towns, and cities directly under provinces;
- Chiefs of Social Order Administrative Management Police Teams under Public Security Bureaus of counties, districts, towns, and cities directly under provinces;
- People's Police officers under the Social Order Administrative Management Police Force with functions and responsibilities for seal management.
b) Content of inspection:
- Inspect the current status of seals;
- Inspect Certificates of Registered Seal Samples;
- Inspect seal management, preservation, and use.
c) Upon completion of the inspection, those authorized to inspect as stipulated in point a of this clause must prepare a record according to the model issued by the Ministry of Public Security. The record must be made in two copies, one copy kept in the file, and one copy handed over to the agency or organization whose seal was inspected.
Chapter IV
IMPLEMENTATION
Article 13. Effective Date
This Circular takes effect forty-five days from the date of signature. Previous directives of the Ministry of Public Security regarding seal management and use that conflict with this Circular are hereby abolished.
1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.
1. The General Department of Administrative Management of Social Order and Safety has the responsibility:
a) To guide and inspect seal management and use in accordance with Decree No. 58/2001/ND-CP and this Circular;
b) To coordinate with specialized agencies of the Ministry of Home Affairs, central agencies of political organizations, political-social organizations, social-professional organizations, mass organizations, and religious organizations in Vietnam to develop and submit to competent authorities for unified regulations on seal models, management, and use by these organizations;
c) To assist the leadership of the Ministry of Public Security in organizing mid-term and final reviews of seal management and use work.
2. Provincial Public Security Departments have the responsibility:
a) To organize seal making, manage, and inspect seal management, preservation, and use of agencies and organizations according to assigned levels;
b) To organize mid-term and final reviews of seal management and use work at the local level.
3. Heads of General Departments, Heads of subordinate units of the Ministry, Directors of Public Security Departments of provinces and centrally-administered cities, and Directors of Fire Prevention and Fighting Departments of Ho Chi Minh City within their functional and task scope have the responsibility to implement this Circular.
During implementation, if any difficulties arise, agencies, organizations, and public security units at all localities shall report and reflect to the Ministry of Public Security (through the Administrative Management Police Department) for timely guidance./.
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Còn hiệu lực
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.
Bản dịch
Văn bản này có sẵn ở các ngôn ngữ sau:
Tiếng Việt
Thông tư số 07/2010/TT-BCA Quy định chi tiết thi hành một số điều của Nghị định số 58/2001/NĐ-CP ngày 24/8/2001 về quản lý và sử dụng con dấu đã được sửa đổi, bổ sung một số điều của Nghị định số 31/2009/NĐ-CP ngày 01/4/2009
한국어
시행령 제 07/2010/TT-BCA 는 대통령령 제 58/2001/NĐ-CP 에 대한 세부적인 구현을 규정하며, 이는 대통령령 제 31/2009/NĐ-CP 의 몇몇 조항이 수정 및 보완된 후 적용됩니다.
中文
通知第07/2010/TT-BCA号详细规定了2001年8月24日第58/2001/NĐ-CP号政府法令关于管理和使用公章的若干条款，该法令已根据2009年4月1日第31/2009/NĐ-CP号政府法令进行了修改和补充。