Chương II Nghị định 99/2016/NĐ-CP: Quy định cụ thể

Chapter II

SPECIFIC PROVISIONS

Section 1. SEAL WITH NATIONAL EMBLEM, SYMBOL AND SEAL WITHOUT SYMBOL

Article 7. Bodies, organizations or titles of the state using seals with national emblem

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

2. National Assembly, Standing Committee of National Assembly, National Election Council, Ethnic Council and Committees of National Assembly, the bodies of Standing Committee of National Assembly, Office of National Assembly, State Audit, National Assembly delegations of provinces and centrally-run cities.

3. Government, ministries; ministerial-level bodies, governmental bodies, Ho Chi Minh National Academy of Politics, General Departments or equivalent units

4. Office of the State President.

5. Supreme People's Court, Superior People's Court, People's Courts of provinces and centrally-run cities, People's Courts of districts, towns and provincial cities and the equivalents, Central Military Court, Military Court of Military Zone and the equivalents, Military Court of Area.

6. Supreme People's Procuracy, Superior People's Procuracy, People's Procuracy of provinces and centrally-run cities, People's Procuracy of districts, towns and provincial cities and the equivalents, Central Military Procuracy, Military Procuracy of Military Zone and the equivalents, Military Procuracy of Area.

7. People’s Council and People’s Committee at all levels.

8. Management body of civil judgment enforcement under the Ministry of Justice, Management body of civil judgment enforcement under the Ministry of Defense, provincial-level body of civil judgment enforcement, district-level civil judgment enforcement, body of judgment enforcement of military zone and the equivalents.

9. Embassy, Consular Division under the Embassy, Consulate General, Consulate, Honorary Consul General, Honorary Consul, Permanent Delegation, Delegation, Delegation of the permanent observers and bodies with other names performing the representative functions of the State of Vietnam at inter-governmental international organizations or in foreign territories.

10. State Commission on Overseas Vietnamese, National Border Committee, Consular Department, Directorate of State Protocol, Department of External Relations – HCM City under the Ministry of Foreign Affairs.

11. Other bodies which have functions of state management and are permitted to use the seals with national Emblem as stipulated in Paragraph 2, Article 5 of this Decree.

Article 8. Bodies and organizations using the seals with or without symbols

1. The bodies and organizations under the organizational structure of ministries, ministerial bodies, governmental bodies, Standing Committee of National Assembly (except the bodies specified in Article 7 of this Decree), Office of National Assembly, State Audit, Ho Chi Minh National Academy of Politics.

2. The bodies under the organizational structure of ministries and central sectors in localities.

3. The bodies and organizations under the organizational structure of Supreme People's Court, Superior People's Court, People's Courts of provinces and centrally-run cities, People's Courts of districts, towns and provincial cities and the equivalents, Central Military Court, Military Court of Military Zone and the equivalents, Military Court of Area.

4. The bodies and organizations under the organizational structure of Supreme People's Procuracy, Superior People's Procuracy, People's Procuracy of provinces and centrally-run cities, People's Procuracy of districts, towns and provincial cities and the equivalents, Central Military Procuracy, Military Procuracy of Military Zone and the equivalents, Military Procuracy of Area.

5. The investigation bodies of People’s Police, People’s Army and Supreme People's Procuracy.

6. The management body of criminal judgment enforcement of the Ministry of Public Security and the Ministry of Defense; prison and temporary prison of the Ministry of Public Security and the Ministry of Defense; prison and temporary prison of military zone; temporary prison of provincial-level police; body of criminal judgment enforcement of provincial-level police; body of criminal judgment enforcement of district-level police; body of criminal judgment enforcement of military zone and the equivalents.

7. Military Steering Committee of the ministries and central sectors; grassroots military steering organization.

8. Office of provincial-level People’s Council.

9. Specialized bodies and non-business organizations of the provincial and district-level People’s Committees.

10. The bodies of the organizational structure of Communist Party of Vietnam, Vietnam Fatherland Front, social – political organizations, economic organizations, association organizations, social funds, charity funds, non-governmental organizations that are established or issued with operation permit.

11. The foreign organizations which do not have their diplomatic functions legally operate in Vietnam.

12. The enterprises, cooperatives, unions of cooperatives, branches, representative offices of enterprise, cooperative, union of cooperatives which are established and operating according to the laws: Public notarization, lawyer, judicial expertise, insurance and securities business and cooperative.

13. The organizations directly under the enterprises, cooperatives, unions of cooperatives which are established and operating according to the regulations of law.

14. Provincial, district and communal-level Election Commission, Election Committee of National Assembly, Election Committee of deputies to the provincial, district and communal-level People's Council, Election Team.

15. Other organizations which are established and issued with operation Permit by the competent bodies and are permitted to use the seal as stipulated in Article 5 of this Decree.

Section 2. SEAL OF FOREIGN BODIES AND ORGANIZATIONS IN VIETNAM

Article 9. Seal of diplomatic missions of foreign countries

Before using the seals, the diplomatic missions, consular offices and representative offices of international organizations in Vietnam, consular departments, military attache department and other departments under the diplomatic missions of foreign countries in Vietnam shall have to announce their seal sample with the Ministry of Foreign Affairs of Vietnam.

Article 10. Seal of foreign organizations without diplomatic functions

1. The foreign organizations without diplomatic functions can bring their seals from their country into Vietnam for use. These seals must not use the image, symbol and name of the State of Vietnam and the Vietnamese bodies and organizations or violate the historical, cultural and ethical traditions and goods custom of the people of Vietnam. Before using these seals, such foreign organizations shall have register their seal sample at the seal sample registration body specified in Article 12 of this Decree and dossier for seal sample registration is specified in Paragraph 10, Article 13 of this Decree.

2. Where the foreign organizations do not bring their seal into Vietnam but request to make their seals in Vietnam, they shall carry out the procedures for seal sample registration at the seal sample registration body specified in Article 12 of this Decree and dossier for seal sample registration is specified in Paragraph 10, Article 13 of this Decree.

Section 3. REGISTRATION OF SEAL SAMPLE; RECOVERY AND CANCELLATION OF SEAL AND SEAL USE VALUE

Article 11. Order and procedures for submission and receipt of dossier and return of result

1. The bodies, organizations or titles of the State shall submit 01 dossier to request the settlement of seal procedures as stipulated in Articles 13, 14, 15, 16 and 17 of this Decree to the seal sample registration body specified in Article 12 of this Decree by one of the following forms:

a) Submit dossier directly at the reception department of the seal sample registration body;

b) Submit dossier via the website of the seal sample registration body (except the documents and papers which must not be published via the network in accordance with the law).

2. The receiver shall check the information, documents and papers in the dossier and comply with the following provisions:

a) If the dossier is valid, the receiver shall record the date of reception and date of return of result in the receipt and hand it over to the person who is sent to submit dossier by the bodies, organizations or titles of the State;

b) If the dossier is not complete, the receiver shall notify and give instructions to the bodies, organizations or titles of the State to complete their dossier.

c) If the dossier does not meet the conditions as stipulated in Article 5 of this Decree, the seal sample registration body shall reply in writing to the organizations and bodies according to the time limit specified in Paragraph 7 of this Article on refusal of dossier settlement;

d) In case of submission of dossier via website, the receiver shall notify the result of dossier settlement for the cases stipulated under Points a, b and c, Paragraph 2 of this Article via the email of bodies, organizations and individuals that have submitted their dossier.

3. The person sent by the bodies, organizations or titles of the State to submit dossier must have the letter of introduction or letter of authorization, present valid ID card or citizen card or Passport.

4. The documents and papers in the dossier are the originals or certified copies or copies with the original for comparison according to the regulations of law.

5. When the bodies, organizations or titles of the State submit dossier for change or re-issue of Certificate of seal sample registration, they have to present the seal previously registered to the body issuing the Certificate for check and prescribed registration.

6. For foreign organizations bringing their seals into Vietnam for use, when submitting dossier, they have to present such seals to the seal sample registration body for check and prescribed registration.

7. Within 03 working days after receiving dossier, the seal sample registration body shall return the result of new seal registration, seal re-registration, additional seal registration or registration of embosses seal, small-sized seal, wax seal and issue, change or re-issue of Certificate of seal sample registration.

Article 12. Seal sample registration body

1. Police Department on administrative management of social order, General Department of Police, Ministry of Public Security shall register the seal sample; issue, change and re-issue the Certificate of seal sample registration for the bodies, organizations or titles of the State, including:

a) State President, Chairman of the National Assembly, Prime Minister, Secretary General of National Assembly.

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

c) Government, ministries; ministerial-level bodies, governmental bodies, Office of National Assembly, bodies of Standing Committee of National Assembly, State Audit, Ho Chi Minh National Academy of Politics and the subordinate units of these bodies.

d) Supreme People's Procuracy, Superior People's Procuracy and the subordinate units of these bodies.

dd) Supreme People's Court, Superior People's Court and the subordinate units of these bodies.

e) Management body of civil judgment enforcement under the Ministry of Justice, management body of criminal judgment enforcement under the Ministry of Public Security; prison, temporary prison under the Ministry of Public Security and the subordinate units of these bodies.

g) Investigation security bodies and investigation police bodies of the Ministry of Public Security; investigation body of Supreme People's Procuracy and the subordinate units of these bodies.

h) Military Steering Committee of the ministries and central sectors;

i) Bodies of the organizational structure of Communist Party of Vietnam, Vietnam Fatherland Front, social – political organizations, social – political – occupational organizations, social organizations,  social –occupational organizations, religious organizations, social funds, charity funds, non-governmental organizations that are established or issued with operation permit by the central competent authorities and the subordinate organizations of these bodies and organizations;

k) Economic organizations established or issued with operation registration certificate or operation permit by the central competent authorities and the subordinate organizations;

l) Embassy, Consular Division under the Embassy, Consulate General, Consulate, Honorary Consul General, Honorary Consul, Permanent Delegation, Delegation, Delegation of the permanent observers and bodies with other names performing the representative functions of the State of Vietnam at inter-governmental international organizations or in foreign territories.

m) Foreign organizations which do not have their diplomatic functions and are issued with operation permit by the central competent authorities;

n) Other organizations established or issued with operation permit by the central competent authorities;

2. Police Division on administrative management of social order of police of provinces and centrally-run cities shall carry out the registration of seal sample, issue, change and re-issue of certificate of seal sample registration for the bodies and organizations, including:

a) People’s Council and People’s Committee at all levels, National Assembly delegations, Office of National Assembly delegations of provinces and centrally-run cities; Office of provincial-level People’s Council;

b) The bodies under the organizational structure of ministries and central sectors in localities;

c) People's Procuracy of provinces and centrally-run cities; People's Procuracy of districts, towns, provincial cities and the equivalents and the subordinate units of these bodies;

d) People's Court of provinces and centrally-run cities; People's Court of districts, towns, provincial cities and the equivalents and the subordinate units of these bodies;

dd) Police of provinces and centrally-run cities; Police of fire prevention and fighting of provinces and centrally-run cities; Police of districts, towns and provincial cities; Police of communes, wards and townlet and the subordinate units of these bodies;

e) Bodies of criminal judgment enforcement of provincial-level police; bodies of criminal judgment enforcement of district-level police, temporary prisons under the provincial-level police and the subordinate units of these bodies;

g) Investigation security bodies and investigation police bodies of the provincial-level police; investigation police bodies of district- level police and the subordinate units of these bodies.

h) Communal-level military Steering Committee and military Steering Committee of bodies and organizations at grassroots level;

i) Provincial and district-level bodies of civil judgment enforcement;

k) Specialized bodies and non-business organizations directly under the provincial and district-level People’s Committee and the subordinate units of these bodies and organizations;

l) Bodies under the organizational system of Communist Party of Vietnam,  Vietnam Fatherland Front, social – political organizations, social – political – occupational organizations, social organizations,  social –occupational organizations, religious organizations, social funds, charity funds, non-governmental organizations that are established or issued with operation permit by the local competent authorities and the subordinate organizations of these bodies and organizations;

m) Economic organizations established or issued with operation registration certificate or operation permit and the subordinate organizations.

n) Foreign organizations which do not have their diplomatic functions and are issued with operation permit by the local competent authorities;

o) Provincial, district and communal-level Election Commission, Election Committee of National Assembly, Election Committee of deputies to the provincial, district and communal-level People's Council, Election Team.

p) Other organizations established or issued with operation permit by the local competent authorities;

q) A number of cases as authorized by the seal sample registration body specified in Paragraph 1 of this Article;

Article 13. Dossier for registration of new seal sample

1. For the bodies, organizations or titles of the State using their seals with the national Emblem: Establishment decision or document defining the organization and operation of the competent authorities.

2. For the bodies with functions of state management and specialized bodies: Establishment decision or document defining the organization and operation from the competent authorities.

3. For the non-business organizations, the dossier comprises of:

a) Establishment decision or document defining the organization and operation of the competent authorities.

b) Operation permit issued by the competent authorities for the organizations which must register their operation according to regulations of law.

4. For the Vietnam Fatherland Front, social – political organizations, economic organizations, association organizations, social funds, charity funds, non-governmental organizations, the dossier comprises of:

a) Establishment decision or operation permit of the competent authorities;

b) Operation charter of organizations approved by the competent authorities;

5. Organizations directly under the Vietnam Fatherland Front, social – political organizations, economic organizations, association organizations, social funds, charity funds, non-governmental organizations, the dossier comprises of:

a) Establishment decision or operation permit of the competent authorities;

b) Document defining the organization and operation issued to the organization by the competent authorities according to the regulations of law;

c) Operation permit issued by the competent authorities to the organizations which have to register their fields of operation according to the regulations of law;

6. For religious organization: Organization recognition decision from the competent authorities.

7. For the organizations directly under the religious organizations, the dossier comprises of:

a) Decision of the religious organizations on establishing their subordinate religious organizations;

b) Document from the competent authorities approving the establishment of subordinate religious organizations;

c) Operation permit issued by the competent authorities to the organizations which have to register their fields of operation according to the regulations of law;

8. For enterprises, cooperatives, unions of cooperatives, branches, representative offices of enterprise, cooperative, union of cooperatives: Operation and establishment permit or operation registration certificate or operation permit from issued by the competent authorities according to the regulations of law;

9. For the organizations directly under the enterprises, cooperatives, unions of cooperatives established and operating according to the regulations of law, the dossier comprises of:

a) Establishment decision from the competent authorities;

b) Operation permit issued by the competent authorities for the organizations which have to register their fields of operation according to the regulations of law,

10. For foreign organizations having no diplomatic functions are operating legally in Vietnam: Operation permit from the Vietnamese competent authorities.

11. Other organizations established and operating according to the regulations of law: Establishment decision or operation permit from the competent authorities.

Article 14. Dossier for registration of embossed seal, small-sized seal and wax seal

The document defining the bodies, organizations or titles of the State have functions to issue the diplomas, certificates and papers with photo or document sealing from the competent authorities.

Article 15. Dossier for re-registration of seal sample

1. For the bodies, organizations or titles of the State whose seals are deformed, worn-out, damaged or whose material is changed: A written request for re-registration of seal sample from the bodies, organizations or titles of the State which use their seals with the reasons.

2. For the bodies, organizations or titles of the State have change of organization or name, the dossier comprises of:

a) A written request for re-registration of seal sample from the bodies, organizations or titles of the State which use their seals with the reasons.

b) Decision on change of organization, name of the bodies, organizations or titles of the State from the competent authorities.

3. For the bodies, organizations or titles of the State that lose their seals, the dossier comprises of:

a) A written request for re-registration of seal sample from the bodies, organizations or titles of the State which use their seals with the reasons and certification of the direct management body or the competent authorities;

b) The seal sample registration certificate previously issued.

Article 16. Dossier for registration of additional seal

1. For the bodies, organizations or titles of the State registering additional wet seal: A written permission for use of additional wet seal from the competent authorities.

2. For the bodies, organizations or titles of the State registering additional embossed seal, small-sized seal or wax seal: A written request for registration of additional seal of the head of bodies, organizations or titles of the State.

3. For the economic organizations registering additional embossed seal, small-sized seal or wax seal: A written request for registration of additional seal of the head of economic organization.

Article 17. Dossier for change, re-issue of seal sample registration certificate

A written request for change, re-issue of seal sample registration certificate from the bodies, organizations or titles of the State with reasons.

Article 18. Handover, recovery or cancellation of seal and cancellation of seal use value

1. The bodies, organizations or titles of the State shall have to hand over their seal to the seal sample registration body specified in Article 12 of this Decree in the following cases:

a) Re-registration of seal sample due to its deformation, wear-out, damage, change of material or when the bodies, organizations or titles of the State have change of their organizations or names;

b) There is a decision on division, separation, merger, consolidation, dissolution, operational termination or duty termination from the competent authorities;

c) There is a decision on recovery of establishment and operation, operation registration certificate or operation permit from the competent authorities;

d) The lost seal has been found after its use value was destroyed;

dd) There is a decision on temporary suspension or suspension of operation from the competent authorities;

e) The cases specified in Paragraphs , 2, 3, 4, 5, 6, 7 and 8, Article 6 of this Decree.

2. The handover, recovery, cancellation of seal and cancellation of seal use value shall be done as follows:

a) For cases specified under Point a, Paragraph 1 of this Article, before receiving the new seal, the bodies, organizations or individuals shall have to hand over their seals previously registered to the seal sample registration body for prescribed recovery and cancellation of seal.

b) For cases specified under Point b and c, Paragraph 1 of this Article, the bodies, organizations or individuals shall have to hand over their seals previously registered to the seal sample registration body in line with time limit specified in the decision of the competent authorities for prescribed recovery and cancellation of seal.

Where the body, organization or individual does not hand over its seal in line with regulations, the body issuing the seal sample registration certificate shall issue a decision on cancellation of seal use value;

c) For cases specified under Point d, Paragraph 1 of this Article, the bodies, organizations or individuals shall have to hand over their seals to the body previously issuing the seal sample registration certificate right after finding the lost seal for prescribed recovery and cancellation.

d) For cases specified under Point dd, Paragraph 1 of this Article, the body, organization or individual shall hand over its seal to the body previously issuing the seal sample registration certificate in line with the time limit for handover specified in the decision from the competent authorities for seal recovery, particularly:

The body which recovers the seal must secure and manage it. When the body or organization receives the decision on permitted re-operation, the body which has recovered the seal shall hand over it to the body or organization for prescribed use.

Where the body, organization or individual does not hand over its seal in line with regulations, the body issuing the seal sample registration certificate shall issue a decision on cancellation of seal use value;

For cases the body issuing the seal sample registration certificate has issued the decision on cancellation of seal use value but after that the body or organization whose operation is suspended or temporarily suspended is permitted to re-operate, the body or organization permitted to use the seal shall have to re-register its seal sample for prescribed use;

dd) For cases specified in Paragraphs 1, 2, 3, 4 and 5, Article 6 of this Decree, when detecting any act of violation from the bodies, organizations or individuals, the body registering the seal sample shall recover and cancel their seals in line with regulations.

Where the bodies, organizations or individuals violate the provisions in Paragraphs 2, 3, 4 and 5, Article 6 of this Decree, the body registering the seal sample shall issue a decision on cancellation of seal use value;

e) For cases specified in Paragraph 6, Article 6 of this Decree, when detecting any act of violation from the bodies, organizations or individuals, the body issuing the seal sample registration shall issue a notice of seal handover and recover the seal in line with regulations.

Where the bodies, organizations or individuals fail to comply and hand over their seals, the seal sample registration body shall issue a decision on cancellation of seal use value. After the seal sample registration body has cancelled the seal use value, the bodies, organizations or individuals permitted to use the seal shall have to re-register their seal sample for prescribed use.

g) For cases specified in Paragraph 7, Article 6 of this Decree, when detecting any act of violation from the bodies, organizations or individuals, the body previously issuing the seal sample registration certificate shall issue a notice of seal handover for handling according to regulations of law.

Where the bodies, organizations or individuals fail to comply and hand over their seals, the body previously issuing the seal sample registration certificate shall issue a decision on cancellation of use value of the seal illegally appropriated and re-register the seal sample for the bodies or organizations using the seal according to regulations of law.

h) For cases specified in Paragraph 8, Article 6 of this Decree, when detecting any act of violation from the bodies, organizations or individuals, the seal sample registration body shall issue a notice of seal handover and recover the seal as stipulated.

Where the bodies, organizations or individuals fail to comply and hand over their seals, the seal sample registration body shall deal with this case according to regulations of law.

3. The handover of seal of the bodies specified in Paragraph 9, Article 7 of this Decree shall be decided by the Ministry of Foreign Affairs with a document sent to the Ministry of Public Security on the time limit for seal handover for recovery and cancellation as stipulated.