Circular No. 08/2000/TT-BCA(C11) guides the model, procedures for engraving, managing, and using seals of Vietnamese agencies and organizations for foreign affairs work; procedures for engraving and bringing seals into use in Vietnam by foreign agencies and organizations.

CIRCULAR

Guidelines for engraving, managing, and using seals of agencies and organizations in Vietnam for foreign affairs work; engraving and bringing seals into use in Vietnam by foreign agencies and organizations.

Implementing Decree No. 62/CP dated September 22, 1993 of the Government on seal management and use, after coordinating with the Ministry of Foreign Affairs and the Ministry of Public Security, provide guidelines for seal models, procedures for engraving, managing, and using seals of Vietnamese agencies and organizations for foreign affairs work; engraving and bringing seals into use in Vietnam by foreign agencies and organizations as follows:

I. SCOPE OF ENTITIES ELIGIBLE TO USE SEALS

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1- Vietnamese agencies and organizations:

a- Diplomatic representative offices of the Socialist Republic of Vietnam abroad including: diplomatic missions, permanent representative delegations to intergovernmental international organizations, consular offices, Consular Sections of Embassies, and other representative offices of Vietnam abroad (hereinafter referred to as representative offices);

b- Agencies regularly engaged in foreign affairs work under the Ministry of Foreign Affairs including: Consular Department, Protocol Department, Ho Chi Minh City Department of Foreign Affairs;

c- Vietnamese agencies and organizations permitted to engrave and use seals according to Circular No. 05/TT-BNV(C13) dated June 6, 1994 of the Ministry of Home Affairs (now the Ministry of Public Security), if authorized by competent state authorities to transact and relate with foreign organizations and individuals, may use their own seals for foreign transactions.

2- Foreign agencies and organizations:

a- Foreign representative offices in Vietnam including: diplomatic missions, consular offices, and representative offices of intergovernmental international organizations;

b- Other foreign agencies and organizations not being diplomatic missions of foreign countries in Vietnam including: Representative offices; Law firms; Contractors, construction contractors; non-governmental organizations...

The engraving, management, and use of seals by wholly foreign-owned economic organizations or joint ventures established under the Law on Foreign Investment in Vietnam are not within the scope of application of this Circular.

II. SEAL MODELS AND PROCEDURES FOR ENGRAVING SEALS OF REPRESENTATIVE OFFICES OF THE SOCIALIST REPUBLIC OF VIETNAM ABROAD; AGENCIES REGULARLY ENGAGED IN FOREIGN AFFAIRS WORK UNDER THE MINISTRY OF FOREIGN AFFAIRS

1- Seal Models:

a- Shape: Circular.

b- Size:

- Seals of representative offices (except for seals of Consular Sections of Embassies) have a diameter of 37 mm;

- Seals of the Consular Department, Protocol Department, and Ho Chi Minh City Department of Foreign Affairs under the Ministry of Foreign Affairs have a diameter of 36 mm;

- Seals of Consular Sections of Embassies have a diameter of 35 mm.

c- Border:

Seals of representative offices and agencies regularly engaged in foreign affairs work under the Ministry of Foreign Affairs have two borders. The outer border consists of two adjacent circles, the outer circle being bold and the inner circle fine. The inner border is a fine circle.

The distance between the two borders is 5 mm.

d- Content:

- Seals of Embassies, consular offices, and permanent representative delegations to intergovernmental international organizations of the Socialist Republic of Vietnam abroad:

+ In the center, there is an engraved national emblem of the Socialist Republic of Vietnam;

+ Around the outer edge, the name of the agency using the seal is engraved, with a small star at the midpoint below the beginning and end of the line of text.

(Model No. 1).

- Seals of the Consular Department, Protocol Department, and Ho Chi Minh City Department of Foreign Affairs under the Ministry of Foreign Affairs:

+ In the center, there is an engraved national emblem of the Socialist Republic of Vietnam;

+ On the upper outer edge, the name of the direct supervising agency is engraved, with two small stars at the beginning and end of the line of text;

+ On the lower outer edge, the name of the unit using the seal is engraved.

(Model No. 2).

- Seals of Consular Sections of Embassies:

+ On the upper outer edge, "Embassy of the Socialist Republic of Vietnam in..." is engraved, with two small stars at the beginning and end of the line of text;

+ On the lower outer edge, "Consular Section" is engraved.

+ On the lower outer edge, the name of the unit using the seal is engraved.

(Model No. 3).

2. Procedures for Engraving Seals:

a- Decision on establishment or decision on organizational changes (name change, division, merger) and permission to use seals issued by the Prime Minister.

b- Letter from the Ministry of Foreign Affairs' Office sent to the Ministry of Public Security (General Police Department).

c- Individuals applying for seal engraving must present Identification Card and a letter of introduction from the Ministry of Foreign Affairs' Office.

d- In cases where seals need to be re-engraved due to wear or damage, the Ministry of Foreign Affairs' Office must issue a letter clearly stating the reasons and send someone directly to contact the police authority that previously issued the permit to engrave seals to handle the re-engraving procedure. If the seal is lost, a letter from the Ministry of Foreign Affairs' leadership must be sent to the Ministry of Public Security explaining the reasons.

III. PROCEDURES FOR ENGRAVING SEALS AND BRINGING SEALS INTO VIETNAM BY FOREIGN AGENCIES AND ORGANIZATIONS

1. Procedure for requesting engraving of seals in Vietnam.

a- For foreign diplomatic missions, consular offices, and representative offices of intergovernmental international organizations in Vietnam:

Submit a note to the Ministry of Foreign Affairs of the Socialist Republic of Vietnam requesting permission to engrave seals, accompanied by a sample of the seal to be engraved (translated from the original language into Vietnamese). The Ministry of Foreign Affairs' Office will request the Ministry of Public Security (General Police Department) and introduce the person directly responsible for handling the engraving.

b- For other foreign agencies and organizations:

- Permit from a competent Vietnamese state authority allowing the agency or organization to operate such as: Permit for establishing a representative office, Permit for establishing a law firm, Operating Permit, Construction Contract Permit...

- Document from the People's Committee of the province or centrally governed city permitting the agency or organization to establish its headquarters in the locality (excluding projects already signed under Agreements).

- Request for engraving seals and accompanying samples of seals to be engraved (translated from the original language into Vietnamese).

- Individuals applying for engraving must present a letter of introduction (or Power of Attorney) from the agency or organization sending them to engrave seals and Identification Card or Passport. The application should be submitted to the provincial or centrally governed city police authority where the main office of the agency or organization is located.

2. Procedure for bringing seals into Vietnam for use.

a- For foreign diplomatic missions, consular offices, and representative offices of intergovernmental international organizations in Vietnam:

2- Procedure for bringing seals into Vietnam for use.

a- For foreign diplomatic missions, consular offices of foreign countries, and representative offices of intergovernmental international organizations in Vietnam:

The agency or organization must submit a document to the Ministry of Foreign Affairs of the Socialist Republic of Vietnam to notify the entry of its seal for use in Vietnam. Attach three samples of the seal and provide a Vietnamese translation of the seal's content from a foreign language. The Ministry of Foreign Affairs is responsible for notifying in writing the Ministry of Public Security (General Police Department) with one sample of the registered seal for monitoring purposes.

- Document from the People's Committee of the province or centrally governed city permitting the agency or organization to establish its headquarters in the locality (excluding projects already signed under Agreements).

- Permit issued by a competent Vietnamese state agency for foreign agencies and organizations operating in Vietnam such as: Representative Office Establishment Permit, Lawyer Office Establishment Permit, Operation Permit, Construction Tendering Permit...

- Document from the People's Committee of the province or centrally governed city allowing foreign agencies and organizations to establish their headquarters in the locality (excluding projects already signed under Agreements).

- Application for permission to bring seals into Vietnam for use (following the model of the Ministry of Public Security).

The above procedures shall be submitted to the Ministry of Public Security (General Police Department).

Only after receiving the Seal Entry Permit from the General Police Department of the Ministry of Public Security of the Socialist Republic of Vietnam can the agency or organization bring the seal into Vietnam. Within seven days from the date of bringing the seal into Vietnam, the agency or organization must register the seal sample at the provincial or centrally governed city police where the headquarters is located and return the Seal Entry Permit before using it.

The permit for bringing seals from abroad into Vietnam is valid for a period of twenty days.

3- Procedures for re-engraving seals:

- For foreign diplomatic representative agencies, consular agencies, and international intergovernmental organization representative agencies in Vietnam, they must send a document to the Ministry of Foreign Affairs of Vietnam regarding the re-engraving of seals. The Ministry of Foreign Affairs will issue a document or Letter of Introduction requesting the Ministry of Public Security to handle the engraving of seals. The person coming to engrave the seal must present their Identity Card or Passport.

- Other foreign agencies and organizations that have been using seals in Vietnam (including those brought from abroad or engraved in Vietnam) when needing to re-engrave due to wear, damage, change in design, or loss... must submit a document to the police agency that issued the engraving permit or where the seal sample was registered after bringing it in. The content of the document must clearly state the reasons for re-engraving the seal along with an Introduction Letter from the agency or organization. Upon receiving the new seal, the agency or organization must return the old seal and the Certificate of Registration of the seal sample (except for lost seals).

4- The time limit for processing the seal engraving procedure shall not exceed seven days from the date of receipt of all necessary documents.

5- Not later than fifteen days from the date of the decision to terminate the operation of foreign agencies and organizations that are not diplomatic representative agencies, they must return the seal and the Certificate of Registration of the seal sample to the police agency that issued the engraving permit.

IV- SEAL PRESERVATION AND USE:

The preservation and use of seals by Vietnamese agencies and organizations involved in foreign affairs work; and foreign agencies and organizations without diplomatic functions operating in Vietnam must comply strictly with the provisions of Government Decree No. 62/CP dated September 22, 1993 of the Socialist Republic of Vietnam on the management and use of seals and the guidance provided in this Circular. Specifically:

1- Vietnamese diplomatic representative agencies abroad, Consular Bureau, Protocol Department, Ho Chi Minh City Department of Foreign Affairs may produce additional small seals to stamp on visas and foreign nationals' identification documents working in Vietnam upon the request of the Minister of Foreign Affairs.

2- After completing the seal engraving, it must be registered and kept on file at the police agency that issued the engraving permit. Only after obtaining the Certificate of Registration of the seal sample can the agency or organization use the seal.

3- Before using the seal, a written notification must be made to relevant authorities.

4- The seal must be kept at the agency or organization's headquarters and managed strictly. In cases where it is necessary to take the seal out for work, permission from the competent authority must be obtained.

5- The person entrusted with keeping and preserving the seal of the agency or organization must be responsible and have professional archival skills.

6- In case of losing the seal, it must be reported immediately to the police agency for coordination in handling.

7- Agencies and organizations authorized to use the seal are responsible for implementing requirements and creating conditions for the police agency and competent state agencies to inspect the preservation and use of the seal.

V. IMPLEMENTATION

1- Responsibilities of the police agency.

a- The General Police Department is responsible for:

- Issuing permits for engraving, registering seal samples, and inspecting the management and use of seals by Vietnamese agencies and organizations involved in foreign affairs work.

- Issuing permits for engraving seals for foreign representative agencies, foreign consular agencies, and representative agencies of international intergovernmental organizations.

- Issuing permits for bringing seals into the Socialist Republic of Vietnam for agencies and organizations mentioned in point b, item 2, Section I of this Circular.

- Cooperating with the Ministry of Foreign Affairs to guide the management and use of seals by foreign agencies and organizations operating in Vietnam mentioned in point a, item 2, Section I of this Circular.

b- Provincial and centrally governed city police agencies are responsible for:

- Issuing permits for engraving, registering seal samples, and issuing Certificates of Registration of seal samples for foreign agencies and organizations mentioned in point b, item 2, Section I of this Circular.

- Directly registering seal samples of foreign agencies and organizations that have been granted permits by the General Police Department to bring seals into Vietnam; cooperating with functional agencies to inspect the management and use of seals by foreign agencies and organizations without diplomatic functions operating in Vietnam with headquarters in the locality.

2- Responsibilities of Ministries, ministerial-level agencies, government agencies, political organizations, political-social organizations, social organizations at the central level, and provincial People's Committees:

a- Ministry of Foreign Affairs:

- Informing relevant agencies abroad and Vietnamese diplomatic missions about the contents of regulations on the management and use of seals to organize implementation.

- Cooperating with the Ministry of Public Security to guide the management and use of seals by Vietnamese and foreign agencies and organizations used in diplomatic work.

- Inspect, recover, and return to the police authority that issued the Seal Carving Permit the seals of Vietnamese agencies and organizations used in diplomatic work when their functions cease or they become obsolete.

b- For Ministries, Sectors, political organizations, political-social organizations, social organizations at the central level and People's Committees of provinces and centrally governed cities:

- Coordinate with the police authority to inspect the management and use of seals of agencies and organizations under their jurisdiction that are currently operating in Vietnam.

- Issue decisions to recover seals of agencies and organizations under their management authority that have been dissolved or merged, and simultaneously notify the police authority that issued the Seal Carving Permit and issue a Certificate of Registration for seal samples to recover the seals.

3- This Circular takes effect thirty days from the date of signature; it replaces Circular No. 07/TT-BNV dated September 19, 1990, issued by the Ministry of Interior (now the Ministry of Public Security) guiding the models, carving, management, and use of seals used in foreign affairs work; seals of foreign agencies and organizations used on the territory of the Socialist Republic of Vietnam, and any inconsistent regulations.

4- As of September 30, 2000, agencies and organizations currently using seals for foreign affairs work whose seal designs do not conform to the guidance provided in this Circular must proceed with procedures to carve new seals according to the new design and submit the old seals to the police authority where the new seal carving procedures were conducted.

5- Foreign agencies and organizations that are not diplomatic representative offices and have been permitted to carve seals in Vietnam may continue to use them; if they choose to recarve, they must follow procedures with the provincial or city police authority where their headquarters are located.

6- Agencies, organizations, and individuals violating the rules on carving, preservation, and use of seals will be subject to administrative penalties or criminal liability, depending on the severity of the violation, as prescribed by law.

7- Ministries, ministerial-level agencies, government-affiliated agencies, central-level political organizations, political-social organizations, social organizations, and People's Committees of provinces and centrally governed cities within their respective functions shall organize guidance and inspection of agencies and organizations under their management to implement this Circular.

8- The National Police Agency is responsible for providing guidance, inspection, and supervision of the implementation of this Circular.