Chương I Nghị định 99/2016/NĐ-CP: Quy định chung

Article 1. Scope of regulation

1. This Decree provides for the management and use of seal of state bodies, people’s armed forces and bodies of the organizational system of Communist Party of Vietnam, Vietnam Fatherland Front, social – political organizations, economic organizations, association organizations, social funds, charity funds, non-governmental organizations, religious organizations, foreign organizations operating in Vietnam and other organizations established and operating under the laws (hereinafter collectively referred to as bodies and organizations) and state titles.

2. This Decree is not subject to the:

a) Management and use of seal of enterprises which are registered and operating according to the provisions of the Enterprise Law and the Investment Law;

b) Title seals, date seals, official dispatch receipt seals and signature certification seals.

Article 2. Subjects of application

This Decree applies to the Vietnamese bodies, organizations and individuals, missions of the Socialist Republic of Vietnam in foreign countries; foreign organizations and individuals operating in Vietnam pertaining to the management and use of seal.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Seal is a special means which is registered, managed and used by the competent state authorities to be affixed on documents and papers of bodies and organizations or titles of the state.

The seal specified in this Decree comprises of the seals bearing the national Emblem, symbol as well as those without it, which are used in forms of wet seal, embossed seal, small-sized seal and wax seal.

2. Seal bearing national Emblem is the one which bears the national Emblem of the Socialist Republic of Vietnam on its surface.

3. Seal bearing symbol is the one which bears the symbolic image of the bodies or organizations and is recognized by law or stipulated in international agreements in which Vietnam is member.

4. Seal without symbol is the one which has no national Emblem or symbolic image on its surface as stipulated in Paragraphs 2 and 3 of this Article.

5. Wet seal is the one which has the prescribed content of information, form and size on its surface and is used with ink material to affix on documents and papers bearing the content of information on its surface.

6. Embossed seal is the one which has information on its surface like the wet seal. When affixed on documents or papers, the information on the surface of seal shall be embossed.

7. Small-sized seal is the type of wet seal or embossed seal but it is smaller.

8. Wax seal is the one which has content of information like the wet seal, when g the seal made of wax material to seal, the content of information on the seal surface shall be printed.

9. Seal sample is the regulation on the content of information, form and size on the seal surface stipulated by the competent state body.

10. Seal sample registration body is the state body having the authority to register the seal sample of the state bodies, organizations or titles.

11. Registration of seal sample means the body, organization or title of the state uses seal to register the seal sample with the seal sample registration body.

12. Certificate of seal sample registration is the seal sample registration body’s document which certifies the bodies, organizations or titles of the state have registered their seal sample before use.

13. Competent body is the one which has the right to decide on establishing or issuing the operation registration certificate or certificate of operation or recognizing the operation and permitting the bodies, organizations or titles of the state to use their seals according to regulations.

14. Economic organization specified in this Decree is the enterprise, cooperative, union of cooperatives established and operating according to the laws: Public notarization, lawyer, judicial expertise, insurance and securities business and cooperative.

Article 4. Principles of management and use of seal

1. Comply with Constitution and laws.

2. Ensure the openness, transparency and create favorable conditions for bodies, organizations and individuals to carry out the seal procedures.

3. The registration and management of seal and permission for the use of seal must ensure the conditions in accordance with the provisions of this Decree.

4. The seal specified in this Decree is round with red ink.

Article 5. Conditions for the use of seal

1. The bodies, organizations or titles of the state are only permitted to use their seals upon regulations on the permission for use of seal in the legal normative documents or decision from the competent bodies; must register their seal sample before use.

2. The use of seal with national Emblem must be stipulated in the laws, Ordinance, Decree or Decision of the Prime Minister stipulating the functions, duties, power and organizational structure of organizations and bodies or stipulated in the international agreements in which Vietnam is a member.

3. The bodies, organizations or titles of the state having functions of issuing diplomas, certificates and papers with photo or sealing documents according to regulations of law are permitted to use the embossed seal, small-sized seal or wax seal.

4. The bodies, organizations or titles of the state only use one seal under the sample stipulated by the competent state body.

In necessary cases of additional use of seal like the issued one (wet seal, embossed seal, small-sized seal or wax seal), comply with the following provisions:

a) The bodies, organizations or titles of the state must be permitted by the competent body if using additional wet seal;

b) The bodies, organizations or titles of the state can decide by themselves the additional use of embossed seal, small-sized seal or wax seal;

c) The economic organizations can decide by themselves the additional use of seal by themselves.

Article 6. Prohibited acts

1. Forge seal or use fake seal.

2. Illegally buy and sell or destroy seal.

3. Use invalid seal.

4. Intentionally distort or modify the content of registered seal sample.

5. Fail to hand in seal as decided by the competent body or seal sample registration body.

6. Borrow, lend, rent, lease, pledge, mortgage seal or use seal of another body or organization for operation.

7. Illegally occupy or appropriate seal.

8. Use seal without registration of seal sample.

9. Forge, modify or distort the content of information in the Certificate of seal sample registration.

10. Affix seal on the signature of person having no authority.

11. Fail to comply with the seal inspection and fail to present seal upon requirement for inspection of the seal sample registration body.

12. Take advantage of assigned duties during the settlement of seal procedure to harass, disturb or infringe the legitimate rights and interests of bodies, organizations and individuals.

13. Other acts as prescribed by law.