Decree No. 31/2009/ND-CP Amending and supplementing certain articles of Decree No. 58/2001/ND-CP dated August 24, 2001 on management and use of seals

DECREE

Amending and supplementing some articles of Decree No. 58/2001/NĐ-CP dated August 24, 2001 on management and use of seals

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Public Security Law dated November 29, 2005;

Considering the proposal of the Minister of Public Security,

DECREE

Article 1.Amending and supplementing some articles of Decree No. 58/2001/NĐ-CP dated August 24, 2001 on management and use of seals, as follows:

1. Article 3 is amended as follows:

Clause 9 of Article 3 is abolished.

2. Clause 1, Clause 2 of Article 6 are amended as follows:

"1. Each agency, organization, and state position may only use one seal. In cases where it is necessary to have a second seal with the same content as the first seal, a distinct identifier must be used to distinguish it from the first seal.

Agencies and organizations with functions to issue certificates, diplomas, cards, identity cards, visas with attached photographs may carve additional raised seals or miniature seals for their work and business purposes, but such actions must be approved by the agency or organization that established them, and the content of the seal must match the first seal.

2. Once completed, the seal must be registered at the police authority and can only be used after receiving a Certificate of Registration of Seal Design. If an agency or organization loses its Certificate of Registration of Seal Design, they must request the issuing police authority to reissue it. The registration of seal design must be paid according to the regulations of the Ministry of Finance. It is strictly prohibited to modify the content of the seal after registration. When starting to use a new seal, the agency or organization must notify and introduce the new seal design."

3. Article 7 is amended and supplemented as follows:

"Article 7.

1. Seals of agencies and organizations shall be revoked in the following cases:

a) There is a decision to split, merge, consolidate, dissolve, or terminate tasks and convert ownership forms;

b) Enterprises have their Business Registration Certificates revoked by the competent authority or have committed violations as stipulated by law.

The agency issuing the decision to revoke the Business Registration Certificate is responsible for coordinating with the competent police authority to revoke the seal and the Certificate of Registration of Seal Design;

c) A lost seal is found after a loss report has been issued.

The head of the agency or organization whose seal is being revoked under this provision must collect the seal and the Certificate of Registration of Seal Design and return them to the police authority where the registration was made.

2. In cases where the use of the seal is temporarily suspended, the agency or organization authorized to establish the agency or organization using the seal and permit its use must collect the seal and the Certificate of Registration of Seal Design and inform the police authority where the registration was made and other relevant agencies and organizations."

4. Article 8 is amended and supplemented as follows:

"Article 8. The Ministry of Public Security shall uniformly specify seal designs, the creation of foreign symbols or characters within the seal design, the creation and use of the second seal; register and issue certificates of registration of seal designs to manage seal-making activities; inspect the management and use of seals in accordance with the provisions of this Decree."

5. Article 10 is amended and supplemented as follows:

"Article 10. Procedures and documents for applying to make seals are as follows:

1. State agencies, organizations, and state positions, public service organizations must have a decision to establish and allow the use of seals in accordance with the law. In cases where the decision does not allow the use of seals, a supplementary document allowing the use of seals from the competent authority must be provided.

2. Political-social organizations, religious organizations, non-governmental organizations, mass organizations, and professional associations must have a decision to establish or recognize and organizational and operational charters approved by the competent authority.

3. Scientific and technological organizations must have a certificate of registration for scientific and technological activities. Organizations operating under the Press Law must have a license issued by the competent information and communication authority.

4. Economic organizations established under the Enterprise Law and Investment Law do not need a permit to make seals, but must register the seal design at the police authority before use.

5. In cases where state agencies, organizations, or state positions apply to remake seals or reissue certificates of registration of seal designs due to loss, deformation, damage of the seal or loss, tearing of the certificate of registration of seal design, only a letter explaining the reasons to the competent police authority is required.

6. Within no more than two working days from the date of receipt of valid application documents from agencies and organizations, the police authority must refer them to a seal-making facility in accordance with regulations. Within no more than two working days from the date of receipt of the police authority's referral letter or the enterprise's request, the seal-making facility must complete the seal-making process and transfer it to the police authority for inspection and registration."

6. Article 14 shall be amended and supplemented as follows:

"Article 14.

1. Based on this Decree, the Minister of National Defense and the Minister of Public Security shall specifically define seal designs, management, and use of seals for various levels and organizations within the People's Army and the People's Public Security Force. The use of seals by economic organizations within the People's Army and the People's Public Security Force shall be carried out in accordance with Article 6 of this Decree.

2. The Ministry of Public Security shall coordinate with the Ministry of Home Affairs, political organizations, political-social organizations, social-professional organizations, mass organizations, and religious organizations in Vietnam to uniformly define seal designs, management, and use of seals in these organizations.

3. The Ministry of Home Affairs shall coordinate with the Ministry of Public Security to submit to the Prime Minister for decision on cases where agencies and organizations propose to use seals with the National Emblem as specified in Clause 12 of Article 3 of this Decree."

7. Clause 1 of Article 16 is amended as follows:

"1. The Minister of Public Security within the scope of his/her functions, duties, and powers shall be responsible for implementing, guiding, and inspecting the management and use of seals in accordance with the provisions of this Decree."

Article 2. This Decree takes effect from June 1, 2009.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and agencies and organizations using seals are responsible for enforcing this Decree./.