Decree No. 99/2016/ND-CP on management and use of seals

DECREE
Regarding the management and use of seals

Pursuant to the Law on Government Organization dated June 19, 2015;

1. The Deputy Minister of Public Security responsible for the traffic police force shall be the head of the Criminal Police Investigation Department under the Ministry of Public Security.

At the proposal of the Minister of Public Security,

The Government issues the Decree on management and use of seals.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the management and use of seals for state agencies, people's armed units, agencies under the organizational system of the Communist Party of Vietnam, the Vietnam Fatherland Front, political-social organizations, economic organizations, associations, social funds, charitable funds, non-governmental organizations, religious organizations, foreign organizations operating in Vietnam, and other organizations established and operating in accordance with the provisions of the law (hereinafter referred to collectively as agencies and organizations) and state positions.

2. This Decree does not regulate:

a) The management and use of seals for enterprises registered and operating in accordance with the Law on Enterprises and the Investment Law;

b) Title stamps; date stamps; receipt stamps; signature stamps.

Article 2. Applicability

This Decree applies to agencies and organizations, individuals in Vietnam; representative offices of the Socialist Republic of Vietnam abroad; foreign organizations and individuals operating in Vietnam related to the management and use of seals.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. A seal is a special means registered and managed by a competent state agency, used to stamp on documents and papers of agencies, organizations, and state positions.

Seals prescribed in this Decree include: seals with the National Emblem, seals with symbols, seals without symbols, used in wet stamp form, raised stamp form, reduced stamp form, wax seal form.

2. A seal with the National Emblem is a seal on the surface bearing the National Emblem of the Socialist Republic of Vietnam.

3. A seal with symbols is a seal on the surface bearing symbolic images of the agency or organization recognized by law or specified in international treaties to which Vietnam is a party.

4. A seal without symbols is a seal on the surface without the National Emblem or symbolic images as specified in Clause 2 and Clause 3 of this Article.

5. A wet stamp is a seal on the surface bearing information content, form, and size as prescribed, when used, ink material is applied to stamp on documents and papers, thereby printing the information content on the surface of the seal.

6. A raised stamp is a seal on the surface bearing information content similar to a wet stamp, when used, it stamps on documents and papers, thereby embossing the information content on the surface of the seal.

7. A reduced stamp is a type of wet stamp or raised stamp but with smaller dimensions.

8. A wax seal is a seal on the surface bearing information content similar to a wet stamp, when used, sealing material is applied to stamp and seal, thereby printing the information content on the surface of the seal.

9. A seal model is a standard regarding the information content, form, and size on the surface of the seal prescribed by a competent state agency.

10. The registration authority for seal models is a state agency authorized to register seal models for agencies, organizations, and state positions.

11. Registration of seal models is the act of agencies, organizations, and state positions using seals registering their seal models with the registration authority for seal models.

13. Competent authority is an agency having the authority to decide on establishment or issue operation registration certificates or licenses or recognize and permit agencies, organizations, and state positions to use seals in accordance with the regulations.

14. Economic organizations prescribed in this Decree are enterprises, cooperatives, cooperative federations established and operating under laws such as Notarization, Lawyers, Judicial Appraisal, Insurance Business, Securities, Cooperatives.

Article 4. Principles for managing and using seals

1. Compliance with the Constitution and laws.

2. Ensuring transparency and creating favorable conditions for agencies, organizations, and individuals when implementing seal-related procedures.

3. Registration, management, and permission to use seals must meet the conditions stipulated in this Decree.

4. The seals specified in this Decree shall be circular and red ink.

Article 5. Conditions for Using Seals

1. Agencies, organizations, and state positions may only use seals if there is a provision in legal normative documents or decisions of competent authorities allowing their use; they must register the seal model before use.

2. The use of seals bearing the National Emblem must be prescribed by law, ordinance, decree, or decision of the Prime Minister regarding the functions, tasks, powers, and organizational structure of agencies or organizations, or prescribed in international treaties to which Vietnam is a party.

3. Agencies, organizations, and state positions responsible for issuing certificates, diplomas, and documents with photographs or sealed documents according to the law are permitted to use raised seals, reduced seals, or ink seals.

4. Agencies, organizations, and state positions may only use one seal according to the model prescribed by the competent state authority.

In cases where additional seals such as wet seals, raised seals, reduced seals, or ink seals need to be used in addition to those already issued, the following provisions shall apply:

a) Agencies, organizations, and state positions wishing to use additional wet seals must obtain permission from the competent authority;

b) Agencies, organizations, and state positions may decide on their own to use additional raised seals, reduced seals, or ink seals;

c) Economic organizations may decide on their own to use additional seals.

Article 6. Prohibited Acts

1. Counterfeiting seals or using counterfeit seals.

2. Buying, selling, or illegally destroying seals.

3. Using seals that have lost their validity.

4. Intentionally altering or modifying the content of registered seal models.

5. Failing to surrender seals as required by the competent authority or the agency registering the seal model.

6. Borrowing, lending, renting, mortgaging seals; using seals of other agencies or organizations for activities.

7. Illegally possessing or appropriating seals.

8. Using seals without registering the seal model.

9. Counterfeiting, altering, or distorting information on the certificate of registration of seal models.

10. Stamping signatures of unauthorized persons.

11. Refusing to comply with seal inspections or failing to present seals upon request for inspection by the agency registering the seal model.

12. Misusing assigned duties during the process of handling seal-related procedures to harass, inconvenience, or infringe upon the legitimate rights and interests of agencies, organizations, or individuals.

13. Other acts as prescribed by law.

Chapter II
SPECIFIC PROVISIONS

Section 1
SEALS WITH THE NATIONAL EMBLEM, SEALS WITH SYMBOLS, SEALS WITHOUT SYMBOLS
CON DẤU KHÔNG CÓ HÌNH BIỂU TƯỢNG

Article 7. Agencies, Organizations, and State Positions Using Seals with the National Emblem

1. President, Chairman of the National Assembly, Prime Minister, Secretary-General of the National Assembly.

2. National Assembly, Standing Committee of the National Assembly, National Election Council, National Ethnic Council, and Committees of the National Assembly, offices of the Standing Committee of the National Assembly, Office of the National Assembly, State Audit Agency, Delegation of the National Assembly of provinces and centrally-administered cities.

4. Office of the President.

5. Supreme People's Court, High People's Courts, Provincial People's Courts, centrally-administered city People's Courts, district and county People's Courts, and equivalent courts, Central Military Court, Military Zone Military Court, and equivalent courts, Military Region Military Court.

6. Supreme People's Procuracy, High People's Procuracy, Provincial People's Procuracy, centrally-administered city People's Procuracy, district and county People's Procuracy, and equivalent procuracy, Central Military Procuracy, Military Zone Military Procuracy, and equivalent procuracy, Military Region Military Procuracy.

8. Civil Execution Management Agency under the Ministry of Justice, Civil Execution Management Agency under the Ministry of Defense, provincial civil execution agency, district civil execution agency, military zone civil execution agency and equivalent agencies.

9. Embassy, Consular Section of the Embassy, Consulate General, Consulate, Honorary Consulate General, Honorary Consulate, Permanent Mission, Mission, Permanent Observer Mission, and inter-governmental agencies or agencies located in foreign territories.

10. State Committee for Vietnamese Overseas, National Border Commission, Consular Department, State Reception Department, Ho Chi Minh City Department of Foreign Affairs under the Ministry of Foreign Affairs.

11. Other agencies with state management functions and authorized to use seals with the National Emblem as prescribed in Clause 2, Article 5 of this Decree.

Article 8: Agencies and organizations using seals with emblematic symbols or seals without emblematic symbols

1. Agencies and organizations within the organizational structure of ministries, ministerial-level agencies, government agencies, the Standing Committee of the National Assembly (excluding agencies specified in Article 7 of this Decree), the National Assembly Office, the State Audit Agency, the Ho Chi Minh National Political Academy.

2. Agencies within the organizational system of central ministries and sectors at local levels.

3. Agencies and organizations within the organizational structure of the Supreme People's Court, High People's Courts, Provincial People's Courts, People's Courts of centrally governed cities, District People's Courts, County People's Courts, City People's Courts under provinces and equivalent courts, Central Military Court, Military Region Military Court and equivalent courts, Military Region Court.

4. Agencies and organizations within the organizational structure of the Supreme People's Procuracy, High People's Procuracies, Provincial People's Procuracies, People's Procuracies of centrally governed cities, District People's Procuracies, County People's Procuracies, City People's Procuracies under provinces and equivalent procuracies, Central Military Procuracy, Military Region Military Procuracy and equivalent procuracies, Military Region Procuracy.

5. Investigative agencies of the Public Security Force, investigative agencies in the People's Army, investigative agencies of the Supreme People's Procuracy.

6. Criminal execution management agencies under the Ministry of Public Security; criminal execution management agencies under the Ministry of National Defense; detention centers, temporary detention centers under the Ministry of Public Security; detention centers, temporary detention centers under the Ministry of National Defense; military region detention centers; temporary detention centers at the military region level; temporary detention centers under provincial public security departments; criminal execution agencies under provincial public security departments; criminal execution agencies under county public security departments; criminal execution agencies at the military region level and equivalent agencies.

7. Military Command Boards of central ministries and sectors; grassroots military command organizations.

8. Provincial People's Council Office.

9. Specialized agencies and public service organizations under provincial People's Committees, district People's Committees.

10. Agencies within the organizational system of the Communist Party of Vietnam, the Vietnam Fatherland Front, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, religious organizations, social funds, charitable funds, non-governmental organizations established or granted operating licenses by competent authorities.

11. Foreign organizations without diplomatic functions operating legally in Vietnam.

12. Enterprises, cooperatives, cooperative unions; branches, representative offices of enterprises, cooperatives, cooperative unions established and operating under laws on notarization, lawyers, judicial appraisal, insurance business, securities, cooperatives.

13. Organizations subordinate to enterprises, cooperatives, cooperative unions established and operating in accordance with the provisions of the law.

14. Election Committees at the provincial level, Election Committees at the district level, Election Committees at the commune level; Committees for electing National Assembly deputies, Committees for electing provincial People's Council deputies, Committees for electing district People's Council deputies, Committees for electing commune People's Council deputies; Voting Teams.

15. Other organizations established or granted operating licenses by competent authorities and permitted to use seals in accordance with the provisions of Article 5 of this Decree.

Section 2
SEALS OF FOREIGN AGENCIES AND ORGANIZATIONS IN VIETNAM

Article 9. Seal of foreign diplomatic representative agency

The foreign diplomatic representative agency, consular agency, and representative agency of international organizations in Vietnam, consular section, military attaché section, and other sections under the foreign diplomatic representative agency in Vietnam shall be responsible for notifying the sample of the seal to the Ministry of Foreign Affairs of Vietnam before using it.

Article 10. Seal of foreign organization without diplomatic function

1. A foreign organization without diplomatic function may bring a seal from abroad into Vietnam for use, the seal design brought in must not use images, symbols, names of the Vietnamese State and Vietnamese agencies or organizations, or violate the traditional historical cultural values, ethics, and customs of the Vietnamese people. Before using the seal, the organization must register the seal design with the agency designated in Article 12 of this Decree and submit the registration form according to Clause 10 of Article 13 of this Decree.

2. In case a foreign organization does not bring a seal into Vietnam but requests to make a seal in Vietnam, it must follow the procedures to register the seal design with the agency designated in Article 12 of this Decree and submit the registration form according to Clause 10 of Article 13 of this Decree.

Section 3
SEAL REGISTRATION; RECALL, CANCEL SEAL AND CANCEL SEAL USE VALUE
AND CANCEL THE USE VALUE OF THE SEAL

Article 11. Procedures and formalities for submission, acceptance of application files, and issuance of results

a) Submitting the application file directly at the reception desk of the agency designated for seal registration;

b) Submitting the application file via the electronic portal of the agency designated for seal registration (except for documents and papers that are not allowed to be uploaded through the network system according to the law).

a) In case the application file is valid, the staff receiving the application file must issue a receipt for the file, clearly stating the date of receipt, the date of result issuance, and hand it directly to the person sent by the agency, organization, or state position to submit the file;

b) In case the application file is incomplete, the staff receiving the application file shall immediately notify and guide the agency, organization, or state position to complete the file;

c) In case the application file does not meet the conditions stipulated in Article 5 of this Decree, the agency designated for seal registration must issue a written response to the agency or organization within the time limit specified in Clause 7 of this Article regarding the refusal to process the file;

d) In case the application file is submitted via the electronic portal, the staff receiving the application file must notify the processing result for cases as specified in point a, b, and c of Clause 2 of this Article through the electronic address of the agency, organization, or individual who previously submitted the file.

4. Documents and papers in the file must be original or certified copies or copies accompanied by the original for the staff receiving the file to compare according to the law.

5. When submitting an application file to request a change, reissue of the seal registration certificate, the agency, organization, or state position must present the previously registered seal for the issuing agency to check and register according to the regulations.

6. A foreign organization bringing a seal into Vietnam for use must submit the seal brought in when submitting the application file for the agency designated for seal registration to check and register according to the regulations.

Article 12. Registration Authority for Seal Samples

a) President of the State, Chairman of the National Assembly, Prime Minister of the Government, Secretary-General of the National Assembly;

b) National Assembly, Standing Committee of the National Assembly, National Election Council, National Ethnic Council, and Committees of the National Assembly, Office of the President of the State;

c) Government, ministries, ministerial-level agencies, agencies under the Government, Office of the National Assembly, agencies under the Standing Committee of the National Assembly, State Audit Organization, Ho Chi Minh National Political Academy, units directly under these agencies;

d) Supreme People's Procuracy, High People's Procuracy, units directly under these agencies;

e) Supreme People's Court, High People's Courts, units directly under these agencies;

f) Civil Enforcement Agency under the Ministry of Justice; Criminal Enforcement Agency under the Ministry of Public Security; detention centers, temporary detention centers under the Ministry of Public Security, units directly under these agencies;

g) Investigation Security Agency, Criminal Investigation Agency under the Ministry of Public Security; Investigation Agency of the Supreme People's Procuracy; units directly under these agencies;

h) Military Command Departments of central ministries and sectors;

i) Agencies within the organizational system of the Communist Party of Vietnam, Vietnam Fatherland Front, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, religious organizations, social funds, charitable funds, non-governmental organizations established or licensed to operate by central competent authorities or units directly under these agencies and organizations;

k) Economic organizations established or licensed to operate or granted operating permits by central competent authorities and their affiliated organizations;

l) Embassies, Consular Sections of Embassies, Consulates General, Consulates, Honorary Consulates General, Honorary Consulates, Permanent Missions, Missions, Permanent Observer Missions, and other representative offices performing the function of representing the Vietnamese State at intergovernmental international organizations or in foreign territories;

m) Foreign organizations without diplomatic functions licensed to operate by central competent authorities;

n) Other organizations established or licensed to operate by central competent authorities.

2. The Administrative Police Management Department of the Provincial Police or the Municipal Police under the Central Government shall be responsible for registering seal samples; issuing, renewing, and reissuing certificates of seal sample registration for agencies, organizations, including:

a) People's Councils and People's Committees at all levels; Delegations of National Assembly Members, Offices of Delegations of National Assembly Members of provinces and centrally-administered cities; Offices of People's Councils of provinces;

b) Agencies within the organizational system of central ministries and sectors in localities;

c) Provincial People's Procuracy, People's Procuracy of districts, towns, provincial cities, and equivalent areas; units directly under these agencies;

d) Provincial People's Court, People's Court of districts, towns, provincial cities, and equivalent areas; units directly under these agencies;

e) Provincial Public Security Departments, Fire Prevention and Fighting Departments of provinces and centrally-administered cities; Public Security Departments of districts, towns, provincial cities; Public Security Stations of communes, wards, towns; units directly under these agencies;

f) Criminal Enforcement Agencies of provincial public security departments, criminal enforcement agencies of county public security departments, temporary detention centers of provincial public security departments, units directly under these agencies;

g) Investigation Security Agencies, Criminal Investigation Agencies of provincial public security departments; Criminal Investigation Agencies of county public security departments; units directly under these agencies;

h) Military Command Departments of communes, Military Command Departments of agencies and grassroots organizations;

i) Civil Enforcement Agencies of provinces, civil enforcement agencies of counties;

j) Specialized agencies, public service organizations directly under provincial people's committees, county people's committees, units directly under these agencies and organizations;

k) Agencies within the organizational system of the Communist Party of Vietnam, Vietnam Fatherland Front, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, religious organizations, social funds, charitable funds, non-governmental organizations established or licensed to operate by local competent authorities or units directly under these agencies and organizations;

l) Economic organizations established or licensed to operate or granted operating permits by local competent authorities and their affiliated organizations;

m) Foreign organizations without diplomatic functions licensed to operate by local competent authorities;

n) Provincial Election Committees, County Election Committees, Commune Election Committees, National Assembly Candidate Election Committees, Provincial People's Council Candidate Election Committees, County People's Council Candidate Election Committees, Commune People's Council Candidate Election Committees, Voting Units;

o) Other organizations established or licensed to operate by local competent authorities;

p) Certain cases pursuant to the delegation of the seal sample registration authority stipulated in Clause 1 of this Article.

Article 13. Documents for registering a new seal design

1. For state agencies, organizations, and state positions using seals with the National Emblem: Decision on establishment or document stipulating the organization and operation of the competent authority.

2. For state management agencies and specialized agencies: Decision on establishment or document stipulating the organization and operation of the competent authority.

3. For public service organizations, the documents include:

a) Decision on establishment or document stipulating the organization and operation of the competent authority;

b) Operating permit issued by the competent authority for organizations required to register their operational field according to the law.

4. For the Vietnam Fatherland Front, political-social organizations, occupational-political-social organizations, social organizations, occupational-social organizations, social funds, charitable funds, non-governmental organizations, the documents include:

a) Decision on establishment or operating permit issued by the competent authority;

b) Charter of the organization approved by the competent authority.

5. For subordinate organizations of the Vietnam Fatherland Front, political-social organizations, occupational-political-social organizations, social organizations, occupational-social organizations, social funds, charitable funds, non-governmental organizations, the documents include:

a) Decision on establishment or operating permit issued by the competent authority;

b) Document stipulating the organization and operation issued by the competent authority for the organization according to the law;

c) Operating permit issued by the competent authority for organizations required to register their operational field according to the law.

6. For religious organizations: Recognition decision of the competent authority.

7. For subordinate organizations of religious organizations, the documents include:

a) Decision of the religious organization regarding the establishment of subordinate religious organizations;

b) Document of the competent authority approving the establishment of subordinate religious organizations.

c) Operating permit issued by the competent authority for organizations required to register their operational field according to the law.

8. For enterprises, cooperatives, cooperative unions; branches, representative offices of enterprises, cooperatives, cooperative unions: Permit for establishment and operation or registration certificate or operating permit issued by the competent authority for the organization according to the law.

9. For subordinate organizations of enterprises, cooperatives, cooperative unions established according to the law, the documents include:

a) Establishment decision of the competent authority;

b) Operating permit issued by the competent authority for organizations required to register their operational field according to the law.

10. For foreign organizations without diplomatic functions operating legally in Vietnam: Operating permit issued by the competent authority of Vietnam.

11. Other organizations established and operating according to the law: Establishment decision or operating permit issued by the competent authority.

Article 14. Documents for registering seals with photographs or sealed documents

Document stipulating the agency, organization, and state position having the function of issuing certificates, licenses, and documents with attached photographs or sealed documents of the competent authority.

Article 15. Documents for requesting re-registration of seal designs

2. For agencies, organizations, and state positions experiencing changes in organizational structure or name change, the documents include:

b) Decision on organizational changes or name change of the agency, organization, or state position by the competent authority.

3. For agencies, organizations, and state positions that have lost their seals, the documents include:

b) Certificate of registration of the seal design previously issued.

Article 16. Documents for requesting registration of additional seals

1. For state agencies, organizations, and state positions requesting to register additional wet seals: A document permitting the use of additional wet seals issued by the competent authority.

A document requesting replacement or reissue of seal registration certificates from state agencies, organizations, or state positions using seals, specifying the reasons.

Article 18. Submission, recovery, cancellation of seals and invalidation of seal usage

1. State agencies, organizations, and state positions have the responsibility to submit seals to the agency registering seal models as stipulated in Article 12 of this Decree in the following cases:

a) Re-registering seal models due to seal deformation, wear, damage, change in material, or organizational changes, name changes of state agencies, organizations, or state positions;

b) Having decisions on division, separation, merger, consolidation, dissolution, termination of operations, or completion of tasks by the competent authority;

c) Having decisions to revoke establishment and operation permits, registration certificates, or operation permits by the competent authority;

d) Lost seals being found after their usage value has been invalidated;

đ) Having decisions to temporarily suspend or terminate operations by the competent authority;

e) Other cases as specified in Articles 1, 2, 3, 4, 5, 6, 7, and 8 of Article 6 of this Decree.

2. Submission, recovery, cancellation of seals and invalidation of seal usage shall be carried out as follows:

a) In the case specified in point a, Clause 1 of this Article, before receiving new seals, state agencies, organizations, or individuals must submit previously registered seals to the agency registering seal models for recovery and cancellation according to regulations;

b) In the cases specified in points b and c, Clause 1 of this Article, state agencies, organizations, or individuals are responsible for submitting seals to the agency that previously issued the seal registration certificate within the deadline for submission of seals as stated in the decision of the competent authority for recovery and cancellation according to regulations.

If state agencies, organizations, or individuals fail to submit seals as required, the agency issuing the seal registration certificate will issue a decision to invalidate the usage value of the seal.

c) In the case specified in point d, Clause 1 of this Article, state agencies, organizations, or individuals are responsible for immediately submitting found lost seals to the agency that previously issued the seal registration certificate for recovery and cancellation according to regulations.

d) In the case specified in point đ, Clause 1 of this Article, state agencies, organizations, or individuals are responsible for submitting seals to the agency that previously issued the seal registration certificate within the deadline for submission of seals as stated in the decision of the competent authority to proceed with recovery of the seal, specifically:

The agency recovering the seal must seal and manage the seal. When the agency or organization decides to resume operations, the agency that recovered the seal is responsible for returning the seal to the agency or organization for use according to regulations.

If state agencies, organizations, or individuals fail to submit seals as required, the agency issuing the seal registration certificate will issue a decision to invalidate the usage value of the seal.

In the case where the agency issuing the seal registration certificate has issued a decision to invalidate the usage value of the seal and subsequently the suspended or terminated agency or organization resumes operations, the agency or organization permitted to use the seal must re-register the seal model for use according to regulations.

đ) In the cases specified in Clauses 1, 2, 3, 4, and 5 of Article 6 of this Decree, when discovering violations by state agencies, organizations, or individuals, the agency registering seal models will proceed with recovery and cancellation of seals according to regulations.

In the case where state agencies, organizations, or individuals violate Clauses 2, 3, 4, and 5 of Article 6 of this Decree, the agency registering seal models will issue a decision to invalidate the usage value of the seal.

e) In the case specified in Clause 6 of Article 6 of this Decree, when discovering violations by state agencies, organizations, or individuals, the agency that previously issued the seal registration certificate will issue a notice to submit seals and recover seals according to regulations.

If state agencies, organizations, or individuals fail to comply and submit seals as required, the agency registering seal models will issue a decision to invalidate the usage value of the seal. After the agency registering seal models has invalidated the usage value of the seal, the agency or organization permitted to use the seal must re-register the seal model for use according to the law.

g) In the case specified in Clause 7 of Article 6 of this Decree, when discovering violations by state agencies, organizations, or individuals, the agency that previously issued the seal registration certificate will issue a notice to submit seals for handling and resolution according to the law.

If state agencies, organizations, or individuals fail to comply and submit seals as required, the agency issuing the seal registration certificate will issue a decision to invalidate the usage value of the illegally held or seized seal, and re-register the seal model for the agency or organization using the seal according to the law.

h) In the case specified in Clause 8 of Article 6 of this Decree, when discovering violations by state agencies, organizations, or individuals, the agency registering seal models will issue a notice to submit seals and recover seals according to regulations.

If state agencies, organizations, or individuals fail to comply and submit seals as required, the agency registering seal models will handle the matter according to the law.

3. The submission of seals by agencies specified in Clause 9, Article 7 of this Decree is decided by the Ministry of Foreign Affairs and a document is sent to the Ministry of Public Security regarding the deadline for submission of seals for recovery and cancellation according to regulations.

Chapter III
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS
IN THE MANAGEMENT AND USE OF SEALS

Article 19. Responsibilities of the Ministry of Public Security

1. Assist the Government in unifying state management over seals nationwide; submit to the Government for issuance or issue within its authority consolidated documents guiding the implementation of regulations on seal management and usage.

2. Unify provisions on seal models for agencies, organizations, and state positions; forms used in seal registration and management; manage and guide seal production activities.

3. Guide and disseminate legal regulations on seal management and usage.

4. Guide, inspect, audit, resolve complaints and denunciations, and handle violations concerning seal management and usage.

5. Prevent, detect, stop, and combat acts violating legal regulations on seal management and usage.

6. Coordinate with the Party's Central Organization Commission to guide seal registration, management, and usage for agencies under the Party's organizational system.

7. Coordinate with the Ministry of Information and Communications, the Ministry of Finance, and the Ministry of Planning and Investment to research and apply information technology, build a database on seal management, allocate funds to organize the implementation of the seal management database project.

8. Summarize and report on the situation and results of seal registration and management work.

Article 20. Responsibilities of the agency registering seal models

1. Accept applications, register new seal models, re-register seal models, register additional seals; register raised seals, reduced seals, and embossed seals; issue, replace, and reissue seal model registration certificates according to Form No. 01 attached to this Decree.

2. Retrieve seals and seal model registration certificates, destroy seals and render them unusable, issue certificates of seal retrieval according to Form No. 02 attached to this Decree.

3. Announce the rendering of seals unusable in cases where seals are lost.

4. Provide seal models at the request of forensic technical examination organizations in the Public Security Force to serve examination work as prescribed by law.

5. Guide the implementation of seal production according to regulations.

6. Guide, inspect, and handle violations of legal regulations on seal management and usage.

Article 21. Responsibilities of related ministries

1. The Ministry of Home Affairs, in collaboration with the Ministry of Public Security, shall take the lead in submitting to the Prime Minister for consideration and decision on allowing certain agencies, organizations, and state positions to retain seals that have become unusable for archival and historical research purposes.

2. The Ministry of National Defense, in coordination with the Ministry of Public Security, shall define seal models, organize seal engraving, registration, and management for agencies and units at all levels in the Vietnam People's Army.

3. The Ministry of Foreign Affairs shall be responsible for receiving notifications of foreign diplomatic mission seal models as stipulated in Article 9 of this Decree.

4. The Ministry of Finance, in collaboration with the Ministry of Public Security, shall define procedures for collecting, depositing, managing, and using fees and charges for seal model registration as prescribed.

Article 22. Responsibilities of People's Committees at all levels

1. At all levels, People's Committees within their duties and powers shall organize the dissemination, popularization, and education of laws regarding seal registration and management.

2. Implement legal regulations on seal management and usage.

Article 23. Responsibilities of the competent authority deciding to establish or issue registration certificates for operation or issue licenses for operation or recognize activities for state agencies, organizations, and state positions

Clause 1. The competent authority when issuing decisions to establish or issue registration certificates for operation or issue licenses for operation or recognize activities and permit the use of seals of state agencies, organizations, and state positions must comply with the provisions of the law.

Clause 2. The competent authority when issuing decisions to divide, separate, merge, consolidate, dissolve, terminate operations, complete tasks; decisions to change organizational structure, rename; decisions to revoke registration certificates for operation, licenses for operation; decisions to temporarily suspend, suspend operations, then in the decision, it must clearly specify the deadline for state agencies, organizations, and state positions to hand over their seals to the agency that issued the seal registration certificate model and simultaneously send the decision to the agency that issued the seal registration certificate model to be aware of the recovery of seals according to regulations.

Clause 3. Coordinate with the agency registering seal models as stipulated in Article 12 of this Decree in the inspection, audit, handling complaints, accusations, and dealing with violations in the management and use of seals.

Article 24. Responsibilities of state positions, organizations, and individuals using seals

Clause 1. State positions, heads of agencies, organizations as stipulated in Articles 7 and 8 of this Decree have the responsibility to manage and inspect the management and use of seals and promulgate regulations on the management and use of seals of their agencies, organizations.

Clause 2. Register seal models and notify seal models to relevant agencies, organizations before use.

Clause 3. Comply with inspections, audits, and guidance from the agency registering seal models.

Clause 4. Hand over seals and seal registration certificates that are subject to recovery according to the provisions of the law.

Clause 5. Seals must be strictly managed at the headquarters of agencies, organizations; only state positions, heads of agencies, organizations may decide to take seals out of the headquarters for use to resolve matters.

Clause 6. Stamp documents and papers must comply with the provisions of the law.

Clause 7. Agencies, organizations, state positions that lose seals, within two days from the discovery of the loss of seals, must immediately notify in writing to the agency that issued the seal registration certificate and the police station where the loss occurred.

Clause 9. Seals currently in use that become deformed, worn, damaged, or have organizational changes, name changes must go through procedures to re-register seal models, return seals and previously issued seal registration certificates to the agency registering seal models.

Clause 10. Seal registration certificates that are lost must go through procedures to reissue seal registration certificates. In cases of damage, procedures must be followed to replace seal registration certificates and return previously issued seal registration certificates to the agency registering seal models.

Clause 11. Agencies, organizations, state positions that need to retain seals beyond their useful life for archival and historical research purposes must submit a written report to the Ministry of Home Affairs to report to the Prime Minister for consideration and decision.

Clause 12. The printing of seal models of agencies, organizations, and state positions for work purposes must be stipulated in legal documents governing that field.

Article 25. Inspection of management and use of seals

1. Forms of inspection

a) Regular inspection

Regular inspection shall be conducted not more than once a year. Prior to conducting the inspection, the competent authority conducting the inspection must notify the inspected agency, organization, state position about the time, content, and composition of the inspection team at least three working days in advance.

b) Surprise inspection

Surprise inspection shall be carried out when signs of violation of laws are detected in the use of seals by agencies, organizations, state positions, or when complaints or reports related to the management and use of seals are received. When conducting seal inspections, the competent authority must clearly state the reasons for the inspection. Inspectors must present an introduction letter from the competent authority.

2. Inspection Authority

a) The Administrative Management Police Department for Social Order has the authority to inspect the management and use of seals of agencies, organizations, state positions within its registration jurisdiction.

b) The Provincial Public Security Departments' Administrative Management Police Division for Social Order under central cities have the authority to inspect the management and use of seals of agencies, organizations within their registration jurisdiction.

3. The competent authority conducting the inspection shall be responsible for developing a plan to inspect the management and use of seals of agencies, organizations, state positions before organizing the inspection.

4. Agencies, organizations, state positions subject to inspection must prepare all contents of the inspection as notified and arrange authorized and responsible persons to work with the inspectors upon receiving notification of the seal inspection.

5. Regular and surprise inspections on the management and use of seals must establish an inspection record according to regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 26. Effective date

1. This Decree takes effect from July 1, 2016.

2. This Decree replaces Government Decree No. 58/2001/NĐ-CP dated August 24, 2001, on the management and use of seals, and Government Decree No. 31/2009/NĐ-CP dated April 1, 2009, amending and supplementing certain provisions of Government Decree No. 58/2001/NĐ-CP.

Article 27. Transitional Provisions

1. Seals of agencies, organizations, state positions that have been registered and issued a certificate of seal registration according to Government Decree No. 58/2001/NĐ-CP and still comply with the provisions of this Decree do not need to re-register the seal model; issue, replace, or reissue the certificate of seal registration.

2. Agencies, organizations, state positions currently undergoing seal model registration procedures according to Government Decree No. 58/2001/NĐ-CP, upon the effectiveness of this Decree, shall continue to follow the provisions of Government Decree No. 58/2001/NĐ-CP.

Article 28. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees under central cities, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.