To engrave and own any seal today is not difficult. However, not all seals can be managed and used arbitrarily. It must based on the conditions of use of the seal of each agency, organization or enterprise. LSX Lawfirm will give you an article about: “Conditions for using the seal foreign investors need to know according to current Vietnamese law”, as follows:
Law on enterprises 2020
Decree No. 99/2016/ND-CP
Conditions for state agencies to engrave their seals
Accordingly, conditions for using the seal foreign investors need to know according to current Vietnamese law, they need to know about conditions for state agencies to engrave their seals:
- The law permitted the bodies, organizations or titles of the state 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.
- Then, 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.
- The law permitted 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 to use the embossed seal, small-sized seal or wax seal.
- They also 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:
+ Firstly, the competent permitted if using additional wet seal.
+ Secondly, they can decide by themselves the additional use of embossed seal, small-sized seal or wax seal.
+ Thirdly, the economic organizations can decide by themselves the additional use of seal by themselves.
Conditions for using the seal foreign investors need to know according to current Vietnamese law
- Enterprise has a valid business registration license
- Besides, they have a seal of unity in content and form. According to the new regulations, the quantity, form and content of seal samples entitled to decide enterprises. But still have to ensure the general consistency between the seals.
- The competent authority authorized them had registered the seal before they used.
- The company’s charter has regulations on management, use and keeping of the seal.
Conditions for engraving personal seals and using other seals foreign investors need to know
Besides the seal of the state agency, the seal of the legal entity of the enterprise, now the market also uses many personal seal samples to support in work. These are title seals, name stamps, signature stamps, logo stamps, money receipts/payments, etc.
In addition, the common characteristics of these seals are that they have no legal value, do not need to register seal samples with state agencies, and do not have many binding conditions. Just avoid words and images that are not allowed to be used as defined in the 2020 Enterprise Law.
Related questions about “Conditions for using the seal foreign investors need to know according to current Vietnamese law”
The enterprise’s seals are seals can be physical or digital as prescribed by e-transaction laws.
The enterprise shall decide the type, quantity, design and content of its seal and the seals of its branches, representative offices and other units.
The management and storage of seals shall comply with the company’s charter or regulations of the enterprise, branch, representative office or unit that owns the seal. Seals shall be used by enterprises in transactions as prescribed by law.
Private business owner for the type of sole proprietorship.
Board of Directors for the type of Joint Stock Company.
Members/ President of the company for the type of limited liability company.
Board of members for the type of partnership company.
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