Chương III Nghị định 99/2016/NĐ-CP: Trách nhiệm của cơ quan, tổ chức, cá nhân trong việc quản lý và sử dụng con dấu

Chapter III

RESPONSIBILITY OF BODIES, ORGANIZATIONS AND INDIVIDUALS IN MANAGEMENT AND USE OF SEALS

Article 19. Responsibilities of the Ministry of Public Security

1. Helps the Government to unify the state management of seal on a national scale; submits the normative legal documents guiding the implementation of regulations on management and use of seal to the Government for issue or issue under its authority.

2. Unifies the regulations on seal sample of bodies, organizations or titles of the state; forms used in registration and management of seal; management and instructions on seal production.

3. Guides and propagates the regulations of law on management and use of seal.

4. Guides, inspects and settle complaints, denunciation and violation on management and use of seal.

5. Prevents, detects, stops and struggles with acts of violation on management and use of seal.

6. Coordinates with the Party Central Organization Committee to guide the registration, management and use of seal of the bodies under the organizational system of Communist Party of Vietnam.

7. Coordinates with the Ministry of Information and Communications, Ministry of Finance, Ministry of Planning and Investment to study the application of information technology, development of database of management of seal, allocation of funding for implementing the project of database on management of seal.

8. Summarizes and reports the reality and result of implementation of registration and management of seal.

Article 20. Responsibilities of the seal sample registration body

1. Receives dossier for registration, re=registration of seal sample, registration of additional seal; registration of embossed seal, small-sized seal and wax seal; issues, re-issued and changes the Certificate of seal sample registration under the Form 01 in the Appendix issued with this Decree.

2. Recovers seals and Certificate of seal sample registration, cancels seal and seal use value, issues Certificate of seal recovery under the Form 02 in the Appendix issued with this Decree.

3. Gives a notice of cancellation of seal use value in case of seal loss.

4. Provides the seal sample as required by the judicial expertise organization of criminal techniques of people’s police for the prescribed expertise.

5. Guides the prescribed production of seal.

6. Guides, inspects and handles violation of law on management and use of seal.

Article 21. Responsibilities of the relevant ministries

1. The Ministry of Home Affairs shall coordinate with the Ministry of Public Security to request the Prime Minister to consider and decide on permitting the retention of invalid seals of a number of bodies, organizations or titles of the State for archive and historical research.

2. The Ministry of Defense shall coordinate with the Ministry of Public Security to stipulate the seal sample, seal carving organization, registration and management of seal of bodies and units at all levels in the Vietnam People's Army.

3. The Ministry of Foreign Affairs shall receive the notice of seal sample of foreign diplomatic missions as stipulated in Article 9 of this Decree.

4. The Ministry of Finance shall coordinate with the Ministry of Public Security to stipulate the collection, payment, management and use of fees and charges of seal sample registration.

Article 22. Responsibilities of People’s Committee at all levels

1. The People’s Committees at all levels within their duties, power shall propagate, disseminate and educate the laws on registration and management of seal.

2. Organize the compliance with regulations of law on management and use of seal.

Article 23. Responsibilities of the bodies with authority to decide the establishment or issue of operation registration certificate or operation permit or operation recognition to the bodies, organizations or titles of the State

1. The bodies with authority to decide the establishment or issue of operation registration certificate or operation permit or operation recognition and permit the use of seal of the bodies, organizations or titles of the State must comply with the regulations of law.

2. The bodies with authority to issue a decision on division, separation, merger, consolidation, dissolution, operational termination or duty termination; decision on change of organization or name; decision on recovery of registration certificate or operation permit; decision on temporary suspension or suspension of operation must indicate a time limit in the decision for the bodies, organizations or titles of the State to hand over their seals to the body which has issued the seal sample registration certificate while sending this decision to the body which has issued the seal sample registration certificate to know and recover the seal according to regulations.

3. Coordinate with the seal sample registration body specified in Article 12 of this Decree in inspection and settlement of complaints, denunciation and handling of violation in the management and use of seal.

Article 24. Responsibilities of bodies, organizations and individuals in use of seal

1. The titles of the State and the heads of bodies and organizations specified in Article 7 and 8 of this Decree are responsible for managing and inspecting the management and use of seal and issuing regulations on management and use of seal of their bodies and organizations.

2. Register their seal sample and inform it to the relevant bodies and organizations before use.

3. Comply with the inspection and instructions of the seal sample registration body.

4. Hand over their seals and certificate of seal sample registration subject to the case of recovery according to regulations of law.

5. The seal must be closely managed at the head office of bodies and organizations; only the titles of the state and the heads of bodies and organizations have the right to decide on bringing their seals outside their head office for settlement of work.

6. Comply with the regulations of law when affixing seal in documents and papers;

7. In case of loss of seal, the bodies, organizations or titles of the state shall inform in writing within 02 days after detection of loss to the body which has issued the certificate of seal sample registration and the police body of commune, ward, town of place of seal loss.

8. The bodies and organizations that carry out the division, separation, merger, consolidation, dissolution, operational termination or whose operation registration certificate or operation permit or whose operation is temporarily suspended or suspended must hand over their seals and the certificate of seal sample registration previously issued to the body which has issued it according to regulations.

9. If the seals of the bodies or organizations which are in use are deformed, worn out, damages or there is change of organization or name, they have to re-register the seal sample and hand over the seal and certificate of seal sample registration previously issued to the seal sample registration body.

10. If the certificate of seal sample registration is lost, the bodies or organizations shall have to carry out the procedures for its re-issue of procedures for change of certificate of seal sample registration previously issued to the seal sample registration body in case of damage.

11. When the bodies, organizations or titles of the state wish to retain their invalid seals for archive or historical research, they have to send a written request to the Ministry of Home Affairs for report to the Prime Minister for consideration and decision.

12. The printing of seal sample of the bodies, organizations or titles of the state for the purpose of work must be stipulated in the normative legal documents in that area.

Article 25. Inspection of management and use of seal

1. Form of inspection

a) Periodical inspection

The periodical inspection is carried out no more than 01 time in a year. Before the inspection, the body with authority to inspect must give a notice 03 working days in advance to the bodies, organizations or titles of the state to be inspected of the time, content and composition of inspection team.

b) Irregular inspection

The irregular inspection is carried out when the bodies, organizations or titles of the state using their seals are detected to commit signs of law violation or when there is petition for complaint or denunciation related to the management and use of seal. The body with authority to inspect has to inform the reasons upon inspection of seal. The officer assigned to carry out the inspection must present the letter of introduction of the body with authority to inspect.

2. Inspection authority

a) The Police Department on administrative management of social order has the authority to inspect the management and use of seal of the bodies, organizations or titles of the state under its authority to register seal sample;

b) The Police Division on administrative management of social order of provinces and centrally-run cities has authority to inspect the management and use of seal of the bodies, organizations or titles of the state under its authority to register seal sample;

3. The body with authority to carry out the inspection shall have to make the inspection plan on management and use of seal of the bodies, organizations or titles of the state before inspection.

4. The bodies, organizations or titles of the state to be inspected must prepare all contents of inspection notified and arrange persons with authority and responsibility to work with the person responsible for inspection upon receiving the notice of seal inspection.

5. The periodical or irregular inspection of management and use of seal must be made with record of inspection of management and use of seal.