JOINT CIRCULAR No. 83/2010/TTLT-BQP-BCA detailing and guiding the implementation of seals' models, engraving, management, and usage of the People's Militia Command.

JOINT CIRCULAR

Regulations on the detailed provisions and guidance for implementing the model, engraving, management, and use of seals of the People's Military Command.

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Pursuant to the Law on Militia and Self-defense dated November 23, 2009;

Pursuant to Decree No. 58/2010/NĐ-CP dated June 1, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on Civilian Militia and Self-Defense;

Based on Decree No. 58/2001/NĐ-CP dated August 24, 2001 of the Government on seal management and use and

Decree No. 31/2009/NĐ-CP dated April 1, 2009 of the Government amending and supplementing certain articles of Decree No. 58/2001/NĐ-CP dated August 24, 2001 of the Government;

The Ministry of National Defense and the Ministry of Public Security jointly promulgate detailed regulations and provide guidance on the model, engraving, registration, management, and use of seals of the People's Military Command as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates detailed provisions and provides guidance on the model, engraving, registration, management, and use of seals of the People's Military Command at commune, ward, town levels (hereinafter referred to collectively as the People's Military Command at commune level); the People's Military Command of state agencies, political organizations, socio-political organizations, public service units, economic organizations (hereinafter referred to collectively as the People's Military Command of agencies and organizations at grassroots level); and the People's Military Command of ministries, ministerial-level agencies, government agencies, Party bodies at the central level, the Office of the National Assembly, the Office of the President, the State Audit Agency, the Supreme People's Procuracy, the Supreme People's Court, central agencies of socio-political organizations, economic groups, and state-owned corporations established by the Prime Minister's decision (hereinafter referred to collectively as the People's Military Command of ministries and central sector agencies).

Article 2. Applicability

This Circular applies to the People's Military Command at commune level; the People's Military Command of agencies and organizations at grassroots level, and the People's Military Command of ministries and central sector agencies.

Chapter II

SHAPE, RIBBON, CONTENT OF THE SEAL

Article 3. Shape, ribbon of the seal

1. Shape: the seal of the People's Military Command at commune level, the People's Military Command of agencies and organizations at grassroots level, and the People's Military Command of ministries and central sector agencies shall be circular.

2. Ribbon: the seal of the People's Military Command at commune level, the People's Military Command of agencies and organizations at grassroots level, and the People's Military Command of ministries and central sector agencies shall be formed by three concentric circles, from outside to inside as follows: the first circle with a thickness of 0.5 mm, the second circle with a thickness of 0.3 mm, 1 mm away from the first circle, the third circle with a thickness of 0.3 mm, 4 mm away from the center of the second circle.

Article 4. Content of the seal

1. Seal of the People's Military Command of ministries and central sector agencies

- Diameter: 34 mm.

- Outer ring: name of ministry or central sector agency and a five-pointed star symmetrically placed at the beginning and end of the line of text;

- Center of the seal: the text "People's Military Command".

2. Seal of the People's Military Command of agencies and organizations at grassroots level

a) Seal of the People's Military Command of departments, bureaus, sectors, and mass organizations under provinces and centrally-administered cities

- Diameter: 32 mm.

- Outer ring: name of department, bureau, sector, or mass organization along with the name of province or centrally-administered city or name of ministry or central sector agency and a five-pointed star symmetrically placed at the beginning and end of the line of text.

Center of the seal: the text "People's Military Command".

b) Seal of the People's Military Command of agencies and organizations under districts, urban districts, towns, and provincial cities

- Diameter: 32 mm.

- Outer ring: name of agency or organization using the seal along with the name of district, urban district, town, or provincial city and the name of province or centrally-administered city. Between the name of agency or organization using the seal and the name of province or centrally-administered city there is a hyphen (-), and a five-pointed star symmetrically placed at the beginning and end of the line of text.

- Center of the seal: the text "People's Military Command".

c) Seal of the People's Military Command of enterprises under economic groups or corporations

- Diameter: 32 mm.

- Upper outer ring: name of enterprise and name of economic group or corporation; between the name of enterprise and name of economic group or corporation there is a hyphen (-);

- Lower outer ring: name of province or centrally-administered city where the headquarters is located, separating the two parts of the name of enterprise and address of headquarters by two five-pointed stars.

- Center of the seal: the text "People's Military Command".

d) Seal of the People's Military Command of independent operating enterprises

- Diameter: 32 mm.

- Upper outer ring: name of enterprise.

- Lower outer ring: name of province or centrally-administered city where the headquarters is located; between the two parts of the name of enterprise and address of headquarters there are two five-pointed stars.

- Center of the seal: the text "People's Military Command".

3. Seal of the People's Military Command of communes, wards, towns

- Diameter: 32 mm.

- Upper outer ring: Provincial Military Command of province or centrally-administered city;

- Lower outer ring: People's Military Command of district, urban district, town, or provincial city; between the two parts of the name of Provincial Military Command of province or centrally-administered city and People's Military Command of district, urban district, town, or provincial city there are two five-pointed stars.

- Center of the seal: the text "People's Military Command" and the name of commune, ward, or town using the seal.

Article 5. Font in the seal

The characters in the seal shall be uppercase sans-serif letters. In cases where the name of the agency or organization consists of multiple words, it may be abbreviated, but must be easily understandable and agreed upon between the unit using the seal and the police authority responsible for registering the seal.

Chapter III

PROCEDURES FOR MAKING SEALS, REGISTERING, MANAGING AND USING SEALS

Article 6. Procedures for making seals

1. New seals

a) For the Military Command Board of central ministries and sectors, there must be a decision on establishment issued by the Minister of National Defense;

b) For the Military Command Board of agencies and organizations at the grassroots level and the Military Command Board of communes, there must be a decision on establishment issued by the Provincial Military Commander of the province or centrally governed city.

2. Replacement seals

a) Agencies and organizations with seals that have become deformed or damaged may replace them, provided they submit a written request for replacement and specify the reasons;

b) In cases where the name of the commune, ward, town, or agency, organization, or locality has changed, in addition to the written request for replacement, a valid copy of the decision changing the name of the commune, ward, town, or agency, organization, or locality must also be submitted.

3. Replacing lost seals

The written request for replacing the seal must clearly state the reason for loss and include confirmation from the Police Station of the commune where the seal was lost, to be sent to the Police Authority that previously registered the seal.

4. Individuals directly contacting the Police Authority to handle procedures for making new seals, replacements, or replacements due to loss must present an Introduction Letter and Identity Card.

Article 7. Competence to resolve seal-making, registration, and management of seals

1. The Department of Administrative Management under the Ministry of Public Security handles seal-making, registration, and issuance of Certificates of Seal Registration for the Military Command Boards of central ministries and sectors.

2. The Administrative Management Police Units under the provincial or centrally governed city Police Authorities handle seal-making, registration, and issuance of Certificates of Seal Registration for the Military Command Boards of grassroots-level agencies and organizations, and commune-level Military Command Boards.

Article 8. Management and use of seals

1. The Head of the Commune-level Military Command Board, the Military Command Board of grassroots-level agencies and organizations, and the Military Command Board of central ministries and sectors is responsible for managing the seal. The seal may only be used on defense and military-related documents and papers when signed by an authorized person.

2. The Commune-level Military Command Board, the Military Command Board of grassroots-level agencies and organizations, and the Military Command Board of central ministries and sectors may only use the seal after obtaining a Certificate of Seal Registration from the Police Authority according to Article 7 of this Circular.

3. Before using the seal, the Commune-level Military Command Board, the Military Command Board of grassroots-level agencies and organizations, and the Military Command Board of central ministries and sectors must notify relevant authorities in writing.

4. The Commune-level Military Command Board, the Military Command Board of grassroots-level agencies and organizations, and the Military Command Board of central ministries and sectors uniformly use red ink for their seals.

5. When replacing seals, the Commune-level Military Command Board, the Military Command Board of grassroots-level agencies and organizations, and the Military Command Board of central ministries and sectors are responsible for returning the old seal and the Certificate of Seal Registration to the Police Authority that registered the seal. In cases where the seal is lost, if it is found after a report of loss, it shall not be reused and must be returned to the Police Authority that registered the seal for cancellation.

6. The cost of making seals for the Commune-level Military Command Board, the Military Command Board of grassroots-level agencies and organizations, and the Military Command Board of central ministries and sectors shall be borne by the central ministries and sectors, grassroots-level agencies and organizations, and communes.

Article 9. Inspection and Handling of Violations

1. Inspection Authority

a) The Department of Self-Defense Militia under the General Staff Office shall cooperate with the Administrative Police Management Bureau under the Administrative Management General Department for Public Order and Social Security to inspect the management and use of seals by the Military Command at all levels as stipulated in Article 2 of this Circular.

b) The Hanoi Capital Command; the Provincial Military Command under the Central Government shall cooperate with the same-level police agencies to inspect the management and use of seals by the Military Command of organizations and units at the grassroots level and the Village Military Command.

2. Content of inspection

a) Certificate of registered seal model, current status of the seal in use, seal preservation and usage work.

b) The results of the inspection on the management and use of seals must be recorded in a report according to the format prescribed by the Ministry of Public Security.

3. Handling Violations

The Military Command of central ministries and sectors, the Military Command of organizations and units at the grassroots level, the Village Military Command, and individuals who violate the regulations and guidelines on the management and use of seals may be subject to administrative violation handling or criminal responsibility pursuit depending on the nature and severity of the violation as provided by law.

Chapter IV

IMPLEMENTATION

Article 10. Effective Date

1. This Circular takes effect from August 15, 2010, and replaces

Joint Circular No. 68/2005/TTLT-BQP-BCA dated May 30, 2005 of the Ministry of National Defense and the Ministry of Public Security on guiding the seal models, engraving, management, and use of seals by village defense teams;

Joint Circular No. 109/2007/TTLT-BQP-BCA dated July 11, 2007 of the Ministry of National Defense and the Ministry of Public Security on guiding the seal models, engraving, management, and use of seals by the Military Command of organizations and units.

2. Village defense team seals and Military Command seals of organizations and units that previously contravened the guidance in this Circular must be re-engraved no later than December 31, 2010; during this period, the old seals can still be used until new ones are available.

Article 11. Responsibility for Implementation

1. The General Staff Office under the Ministry of National Defense and the Administrative Management General Department for Public Order and Social Security under the Ministry of Public Security are responsible for guiding and urging the implementation of this Circular.

2. Provincial People's Committees; Military Region Commands; the General Staff Office under the Ministry of National Defense; the Administrative Management General Department for Public Order and Social Security under the Ministry of Public Security; the Hanoi Capital Command; Provincial Military and Police Commands; the Military Command of central ministries and sectors; the Military Command of organizations and units at the grassroots level; and Village Military Commands are responsible for implementing this Circular./.