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Procedures for return of seals at Vietnamese police offices

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Hello Lawyer! The seal of my agency has been used for a long time, so it is partially deformed. Therefore, I want to re-register the seal sample. I want to ask about the procedure to return the seal at the Vietnamese police office? I hope the lawyer will respond soon to answer my questions. Thank you!

Thank you for submitting your question to Lawyer. We will answer your questions in the following article. Please refer.

Legal grounds

  • Decree 99/2016/ND-CP

Regulations on seals

What is a seal?

According to Clause 1, Article 3 of Decree No. 99/2016/ND-CP, a seal is a special means registered and managed by a competent state agency and used to stamp on documents and papers of such authority. , organization, state title.

Seals specified in this Decree, including: Seals with the National Emblem, stamps with symbols, seals without symbols, used in the form of wet stamps, embossed marks, miniature marks, stamps xi.

Principles of management and use of seals

According to Article of Decree 99/2016/ND-CP, the principles of seal management and use are:

Comply with the Constitution and laws.

Ensure publicity, transparency and create favorable conditions for agencies, organizations and individuals when carrying out procedures for seals.

The registration, management of the seal and permission to use the seal must satisfy the conditions specified in this Decree.
The seal specified in this Decree is circular; red ink stamp.

Conditions for using the seal

According to Article 5 of Decree 99/2016/ND-CP, the conditions for using the seal are:

State agencies, organizations and titles may only use their seals when there are regulations on the use of seals in legal documents or decisions of competent agencies; seal sample must be registered before use.
The use of seals with the national emblem must be prescribed in laws, ordinances, decrees or decisions of the Prime Minister defining the functions, tasks, powers and organizational structure of agencies and organizations; or provided for in an international treaty to which Vietnam is a contracting party.
State agencies, organizations and titles that have the function of granting diplomas, certificates and papers with photos attached or sealing documents as prescribed by law are allowed to use embossed seals, miniature seals or seals. .
A state agency, organization or title may only use one seal according to the form prescribed by a competent state agency.
In case it is necessary to use additional seals like the issued seal (wet seal, embossed mark, miniature mark, xi mark), the following regulations shall be followed:
State agencies, organizations and titles that use additional wet seals must obtain permission of competent agencies;
State agencies, organizations and titles shall decide for themselves the use of additional embossed seals, miniature seals and xi seals;
Economic organizations themselves decide the use of additional seals.

Related article:

Procedures for return of seals at police offices

Cases of return of seal

According to the provisions of Clause 1, Article 18 of Decree 99/2016/ND-CP, state agencies, organizations and titles are responsible for handing over their seals to the seal sample registration agency specified in Article 12 of this Decree. in the following cases:

Re-registration of the seal sample due to the seal being deformed, worn, damaged, changed in material, or changed by a state agency, organization or title;
There is a decision of a competent agency on division, separation, merger, consolidation, dissolution, operation termination or task termination;
There is a decision on revocation of the establishment and operation license, operation registration certificate, operation license issued by a competent agency;
The lost seal is found after the seal’s use value has been destroyed;
There is a decision to temporarily suspend or terminate the operation of a competent agency;
The cases specified in Clauses 1, 2, 3, 4, 5, 6, 7 and 8 Article 6 of this Decree.

Seal return procedure

Step 1: Prepare a seal return dossier according to regulations and submit it to the police agency where the seal is issued – Police Department for administrative management and social order in provinces and cities.

Profile components include:

  1. A written request for the return of the seal to the police agency, clearly stating the reason for the return of the seal;
  2. A copy of the business registration, investment license, establishment decision of the agency or organization;
  3. The original registration of the old seal sample issued by the police agency;
  4. Seal;
  5. Power of attorney to carry out procedures in case the person submitting the application and receiving the result is not the legal representative;
  6. A written notice of loss of seal, loss of seal sample registration certificate (in case of loss of seal, loss of seal sample registration certificate);

Place of application: The police office where the seal specimen registration certificate has been issued. The police agency will issue a certificate of seal recovery to the enterprise

In addition, this procedure also applies in case the enterprise was established before July 1, 2015 and now wants to carry out procedures to change a new seal. In this case, the enterprise needs to carry out procedures to return the seal to the police agency and notify the use of the seal sample to the Business Registration Office – Department of Planning and Investment where the enterprise is located. See details at the job: Announcement of seal sample.

Step 2: After submitting the application, the person who returns the seal receives the appointment letter from the police agency.

Step 3: Within 5 working days (according to the appointment letter) bring the old seal to the police agency to recover and destroy the seal.
Result of seal return procedure: Minutes of seal cancellation/revocation

Note: Enterprises established after July 1, 2015 or enterprises established before July 1, 2015 that have changed their seals (the old seal sample has been returned to the police office), upon dissolution, enterprises only need to return the seal; Certificate of seal sample together with enterprise dissolution dossier for Business Registration Office – Department of Planning and Investment where the company’s head office is located.

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Finally, we hope this article is useful for you to answer the question: “Procedures for return of seals at Vietnamese police offices. If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: [email protected]

Frequently asked questions

Will there be a penalty when merging a company without returning the seal?

Pursuant to Point h, Clause 3, Article 13 of Decree 144/2021/ND-CP, enterprises will be fined from VND 3,000,000 to VND 5,000,000 if not:
– Do not return the seal, sample certificate even after separation, merger, consolidation
– Failure to return the seal when the Certificate of Operation Registration, Operation License is revoked, or the operation is temporarily suspended, suspended or notified by a competent authority on the handover of the seal as prescribed under the law.

Will businesses be fined if they don’t return their seals?

In case of failure to return the agency’s seal, the organization may be sanctioned according to the provisions of Article 13 of Decree 144/2021/ND-CP on violations of regulations on management and use of seals:
A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
h) Failing to return the seal and seal sample registration certificate when there is an effective decision of a competent authority on the separation, merger, consolidation; or revocation of the Certificate of operation registration. , Operation license or temporary suspension or suspension of operation or notification of a competent authority on the handover of the seal in accordance with law;

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