Chương 3 Nghị định 58/2001/NĐ-CP: Thẩm quyền quy định mẫu dấu, thủ tục khắc dấu, cấp phép khắc dấu và đăng ký mẫu dấu

Chapter III

COMPETENCE TO PRESCRIBE SEAL SPECIMENS, PROCEDURES FOR SEAL ENGRAVING, GRANTING OF SEAL ENGRAVING PERMITS AND REGISTRATION OF SEAL SPECIMENS

Article 8.- The Ministry of Public Security shall uniformly prescribe the specimens of seals of all types and the engraving of symbols or foreign languages on seals; grant seal engraving permits, keep seal specimens and grant seal specimen registration certificates; manage the seal engraving activities; inspect the management and use of seals and carry out other works according to the provisions of this Decree.

Article 9.- The competence to grant seal engraving permits, seal specimen registration certificates and seal specimen deposit registration certificates is provided for as follows:

1. The General Police Department under the Ministry of Public Security shall grant seal engraving permits, carry out the seal specimen registration and grant seal specimen registration certificates to the State titles, agencies and organizations attached to the ministries, ministerial-level agencies, agencies attached to the Government, political organizations and socio-political organizations at the central level; grant seal engraving permits to the diplomatic missions and representative missions to Vietnam-based foreign inter-governmental organizations; grant permits for bringing seals into Vietnam for use by other foreign agencies and organizations without the diplomatic function, which are lawfully operating in Vietnam.

2. The police offices of the provinces and centrally-run cities shall grant seal engraving permits, carry out the seal specimen registration and grant seal specimen registration certificates to local agencies and organizations, a number of the central agencies and organizations located in their localities according to the responsibility assignment by the Ministry of Public Security; carry out the seal specimen registration and grant seal specimen registration certificates to other foreign agencies and organizations which are not diplomatic missions but have already been permitted to bring their seals into Vietnam for use.

Article 10.- Procedures and dossiers of application for seal engraving permits:

1. For the State titles, agencies and organizations, which are entitled to use seals bearing the national emblem, professional bodies, public-service organizations, political organizations, socio-political organizations, non-governmental organizations:

a/ For agencies, organizations and State titles, professional bodies and public-service organizations:

There must be decisions on their establishment according to regulations on each type of agency or organization. In cases where decisions do not contain provisions permitting the concerned agencies and organizations to use seals, such agencies and organizations must obtain written permission for use of seals from the agencies competent to establish them.

b/ For socio-political organizations, non-governmental organizations, religious organizations, mass societies, professional associations:

They must have "Charter on organization and operation" already approved by the competent authorities; particularly, scientific organizations must have "Operation registration certificate".

2. For economic organizations:

a/ They must have business registration certificates or operation registration certificates, investment licenses, branch setting up licenses; contracting licenses, licenses for setting up representative offices in Vietnam (for joint venture economic organizations, foreign-invested enterprises).

b/ Economic organizations being State enterprises or enterprises of political organizations and socio-political organizations, apart from the papers prescribed at Point a, Clause 2 of this Article, must obtain establishment decisions from the competent agencies.

3. In cases where agencies, organizations or State titles wish to engrave new seals in replacement of their own ones, which have been lost, worn or damaged, they shall have to send their written dossiers justifying reasons for and requesting the engraving of new seals to the police offices, without having to make any other papers.

4. Within 7 days after the prescribed dossiers of agencies and organizations are received, the police offices shall grant seal engraving permits and recommend seal engraving establishments to them according to regulations.

Article 11.-

1. The diplomatic missions, consular offices and representative offices of inter-governmental international organizations in Vietnam; consular sections, military attachÐ sections, other sections under foreign diplomatic missions in Vietnam shall, before using their own seals, have to announce and register seal specimens at Vietnam’s Ministry for Foreign Affairs.

2. Other foreign agencies and non-governmental international organizations having their representatives in Vietnam that wish to bring seals from abroad into Vietnam for use, shall have to carry out the procedures for registering seal specimens at Vietnam’s Ministry of Public Security.

3. Foreign agencies and organizations, which are not diplomatic missions and bring their seals from abroad into Vietnam for use, must send to Vietnam�s Ministry of Public Security documents clearly stating the reasons for and scope of use of seals, enclosed with seal specimens and permits of the Vietnamese competent State agencies, and at the same time register seal specimens before using them.