Decree No. 58/2001/ND-CP on management and use of seals

DECREE

Regarding the management and use of seals

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Considering the proposal of the Minister, Head of the Organization-Cadre Department under the Government, and the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Seals are used in state agencies, political organizations, socio-political organizations, social-professional organizations, mass organizations, economic organizations, armed units, foreign agencies operating in Vietnam (hereinafter referred to as agencies and organizations) and certain state positions. Seals represent the legal position and affirm the legal value of documents and papers issued by agencies, organizations, and state positions. The management of seals shall be governed by this Decree.

Article 2. The provisions on the management and use of seals in this Decree apply to seals with the National Emblem and seals without the National Emblem used in wet seal form, raised seal form, and ink seal form.

Title marks, date stamps, receipt stamps for official documents, signature stamps are not within the scope of regulation of this Decree.

Article 3. The following agencies and organizations may use seals with the National Emblem.

1. Standing Committee of the National Assembly, Ethnic Councils, and Committees of the National Assembly, Office of the National Assembly, provincial and centrally-administered city delegations of the National Assembly;

2. President of the State, Chairman of the National Assembly, Prime Minister;

3. Government, Ministries, ministerial-level agencies, and agencies under the Government;

4. Office of the President of the State;

5. Supreme People's Procuracy, local People's Procuracies, military People's Procuracies;

6. Supreme People's Court, local People's Courts, military People's Courts, and other courts established by law;

7. People's Councils and People's Committees at all levels;

8. Civil Enforcement Agency;

9. Notary Offices of provinces and centrally-administered cities;

10. Agencies representing the Socialist Republic of Vietnam abroad, including diplomatic missions, permanent representative offices to intergovernmental international organizations, consular agencies (including honorary consulates), and agencies representing the State of Vietnam in relations with countries and international organizations within their assigned tasks and powers as prescribed by law;

11. Agencies under the Ministry of Foreign Affairs: Consular Department, Protocol Department, Overseas Vietnamese Commission, and Ho Chi Minh City Foreign Affairs Office;

12. Other organizations permitted by the Prime Minister.

Article 4. The following agencies and organizations may use seals without the National Emblem:

1. Agencies and organizations with legal personality within the organizational structure of Ministries, ministerial-level agencies, and agencies under the Government;

2. Agencies and organizations with legal personality within the organizational structure of People's Procuracies, military People's Procuracies, People's Courts, and military People's Courts at various levels;

3. Specialized agencies and public service organizations directly under provincial and district People's Committees;

4. Political organizations, socio-political organizations, social-professional organizations, friendship associations, humanitarian organizations, social assistance associations, social funds, charitable funds, and other non-governmental organizations permitted by competent state authorities to establish or operate;

5. Religious organizations permitted by competent state authorities to operate;

6. Economic organizations regulated by the Law on State-Owned Enterprises, the Enterprise Law, the Law on Foreign Investment in Vietnam, the Law on Encouraging Domestic Investment, the Cooperative Law, and other economic organizations as prescribed by law, including subordinate units, branches, and representative offices of these economic organizations;

7. Other organizations permitted by the competent authority to establish.

8. Foreign agencies legally operating in Vietnam.

Chapter II

PROVISIONS ON THE MANAGEMENT AND USE OF SEALS OF AGENCIES AND ORGANIZATIONS PERMITTED TO USE SEALS

STATE POSITIONS, HEADS OF AGENCIES AND ORGANIZATIONS LISTED IN ARTICLES 3 AND 4 OF THIS DECREE SHALL BE RESPONSIBLE FOR MANAGING AND INSPECTING THE STORAGE AND USE OF SEALS OF THEIR AGENCIES AND ORGANIZATIONS IN ACCORDANCE WITH THE FUNCTIONS AND POWERS PRESCRIBED BY LAW.

Article 5. The management and use of seals must comply with the following provisions:

Article 6. 1. Each agency, organization, and state position listed in Articles 3 and 4 of this Decree shall only use one seal. In cases where additional seals with the same content as the first seal are required, written approval from the competent authority establishing the agency or organization is necessary, and each additional seal must have a distinct identifier to differentiate it from the first seal;

Agencies and organizations with functions of issuing certificates, diplomas, identity cards, visas with attached photographs may engrave additional raised seals or reduced seals for work purposes but must obtain permission from the competent authority and the content of the seal must match the wet seal that the agency or organization is authorized to use.

2. Completed seals must be registered with the police department, fees as prescribed by the Ministry of Finance must be paid, and the seals can only be used after receiving a "Certificate of Seal Registration." When starting to use a new seal, the agency or organization must notify and introduce the new seal model.

3. Stamping on various types of documents and papers must comply with legal regulations.

4. Heads of agencies and organizations are responsible for managing and using the seals of their agencies and organizations.

Seals must be kept at the headquarters of the agency or organization and must be strictly managed. In cases where it is necessary to take the seal out of the office to handle business, the head of the agency or organization may carry the seal and must bear responsibility for taking the seal outside the office.

5. Ink for stamping shall be uniformly red.

6. In case of loss of a seal, the agency or organization must immediately report to the nearest police station and the police station that issued the seal registration certificate, and simultaneously announce the cancellation of the lost seal.

7. If the currently used seal is worn out, damaged, or there is a change in organizational structure or name, procedures for making a new seal and returning the old seal must be followed.

8. Agencies and organizations using seals must create conditions for competent authorities to inspect compliance with regulations on the management and use of seals.

8. Authorities and organizations using seals shall create conditions for competent authorities to inspect the compliance with regulations on the management and use of seals.

Article 7. The agencies and organizations mentioned in Article 3 and Article 4 of this Decree, when there is an effective decision on division, merger, dissolution, or termination of tasks, the head of such agencies and organizations must recover the seal and return it to the police agency that issued the registration certificate for seal models.

In cases where the use of seals is temporarily suspended, the competent authority that decides to establish and allow the use of seals must recover the seals and notify the police agency issuing the permit for seal engraving and other relevant agencies.

Chapter III

AUTHORITY TO REGULATE SEAL MODELS AND SEAL ENGRAVING PROCEDURES,

ISSUE PERMITS FOR SEAL ENGRAVING AND REGISTER SEAL MODELS

Article 8. The Ministry of Public Security shall unify the models of various types of seals and the engraving of symbols within seals or foreign characters in seals; issue permits for seal engraving, keep records of seal models, and issue certificates for registering seal models; manage seal engraving activities; inspect the management and use of seals, and perform other tasks as prescribed in this Decree.

Article 9. The authority to issue permits for seal engraving, certificates for registering seal models, and record seal models is as follows:

1. The General Police Department of the Ministry of Public Security shall issue permits for seal engraving, register seal models, and issue certificates for registering seal models for state positions, agencies, and organizations under ministries, ministerial-level agencies, government agencies, central political organizations, and political-social organizations; issue permits for seal engraving for diplomatic agencies, agencies beside international governmental organizations abroad operating legally in Vietnam; issue permits for bringing seals into Vietnam for use by other foreign agencies and organizations without diplomatic functions operating legally in Vietnam.

2. Provincial and centrally-administered city public security departments shall issue permits for seal engraving, register seal models, and issue certificates for registering seal models for local agencies and organizations, and some central agencies and organizations located in localities according to the classification by the Ministry of Public Security; register seal models and issue certificates for registering seal models for other foreign agencies and organizations that are not diplomatic representatives and have been permitted to bring into Vietnam for use.

Article 10. The procedures and documents required for applying for seal engraving include:

1. State positions, agencies, and organizations using seals with the National Emblem, specialized agencies, public service organizations, political organizations, political-social organizations, non-governmental organizations:

a) For agencies, organizations, and state positions, specialized agencies, and public service organizations:

There must be a decision on establishing the organization in accordance with regulations applicable to each type of agency or organization. If the decision does not specify permission for the agency or organization to use a seal, then the agency or organization must have a separate document from the competent authority that established the organization granting permission to use the seal.

b) Political-social organizations, non-governmental organizations, religious organizations, mass associations, professional associations:

Must have "Regulations on Organization and Operation" approved by the competent authority; scientific organizations must have a "Certificate of Registration for Activities."

2. Economic organizations:

a) Business registration certificate or certificate of registration for activities, investment permit, branch establishment permit; bidding permit, representative office establishment permit in Vietnam (for joint venture economic organizations and foreign-invested organizations).

b) State-owned enterprises and enterprises of political organizations and political-social organizations, in addition to the documents specified in point a of Clause 2 of this Article, must also have a decision on establishment from the competent authority.

3. In cases where agencies, organizations, or state positions wish to re-engrave lost seals or worn-out, damaged seals, they must submit a document clearly stating the reason and requesting the police agency to re-engrave new seals without needing additional documents.

4. Within no more than seven days from the date of receiving the application documents from agencies and organizations as stipulated, the police agency shall issue a permit for seal engraving and introduce them to the designated engraving facility.

Article 11.

1. Diplomatic agencies, consular agencies, and agencies representing international governmental organizations in Vietnam; consular sections, military attaché sections, and other sections subordinate to foreign diplomatic agencies in Vietnam must notify and register their seal models at the Ministry of Foreign Affairs of Vietnam before using their seals.

2. Other foreign agencies and non-governmental international organizations with representatives in Vietnam wishing to bring seals from their home countries into Vietnam for use must complete the procedure to register their seal models at the Ministry of Public Security of Vietnam.

3. Foreign agencies and organizations that are not diplomatic agencies wishing to bring seals from their home countries into Vietnam for use must submit a document to the Ministry of Public Security of Vietnam detailing the reasons, scope of use of the seals, accompanied by the seal model, permit from the competent Vietnamese state authority, and must register the seal model before use.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 12. Agencies, organizations, and individuals who achieve outstanding results in implementing regulations on managing and using seals shall be rewarded according to general national regulations.

Article 13. Any person violating regulations on managing and using seals shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 14.

1. Based on the provisions of this Decree, the Minister of Defense and the Minister of Public Security shall specifically regulate the models of seals, management, and use of seals used in the People's Army and People's Public Security forces.

2. The Ministry of Public Security shall coordinate with the Government's Organizational and Cadre Management Agency, political organizations, and political-social organizations to unify the models of seals, management, and use of seals in these organizational systems.

3. The Ministry of Public Security shall coordinate with the Government's Religious Affairs Office and the central agencies of religious organizations in Vietnam to unify the models of seals, management, and use of seals in religions.

4. The management and use of seals by agencies and organizations involved in external affairs work shall be carried out in accordance with this Decree and specific regulations of the Ministry of Public Security after consultation with the Ministry of Foreign Affairs.

Article 15. This Decree shall take effect fifteen days from the date of signature and shall replace Government Decree No. 62/CP dated September 22, 1993.

Article 16.

1. The Minister of Public Security and the Minister, Head of the Organization-Cadre Department of the Government shall be responsible for guiding implementation, inspecting the management and use of seals in accordance with the provisions of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities, and Heads of agencies and organizations using seals shall be responsible for implementing this Decree./.