The globalization of trade and commerce has led to an increasing need for businesses and organizations to utilize foreign seals in Vietnam. These seals, which often carry significant legal and cultural implications, are essential for various official purposes, including contracts, certifications, and endorsements. However, the process of bringing foreign seals into Vietnam involves a series of legal and procedural steps that must be carefully followed to ensure compliance with local regulations.
1. Procedure for Bringing Foreign Seals to Vietnam for Use
Currently, the process for bringing foreign seals to Vietnam for use is carried out according to the guidelines provided in Joint Circular 07/2002/TTLT-BCA-BTCCBCP. According to Section II of this circular, the following steps must be followed by foreign agencies and organizations (represented by their diplomatic missions) wishing to bring seals into Vietnam:
Step 1: Prepare Documentation. This includes:
- A written request to bring the foreign seal into Vietnam for use, following the specific template provided by the Ministry of Public Security.
- A document certifying legal operation within the territory of the Socialist Republic of Vietnam, issued by a competent state authority. Both the original and a valid copy must be presented.
Step 2: Submit Documentation
The individual completing the procedure must present a passport or valid identification documents (such as a citizen ID or ID card) during the submission of documents. Within seven working days from the date of receipt of valid documents, the police authority must process the issuance of a permit to bring the seal into the Socialist Republic of Vietnam for the agencies and organizations that submitted the documents.
Simultaneously, within seven working days from the issuance of the permit to bring the seal into Vietnam, the organization must bring the permit and the seal to the provincial/city police where the main office is located for registration and issuance of a Certificate of Registered Seal Sample. It is important to note that the validity period of the seal will be determined according to the specifics recorded in the operation permit provided by the competent Vietnamese authority.
Thus, the process and procedure for bringing foreign seals to Vietnam for use must be adhered to as outlined in Section II of Joint Circular 07/2002/TTLT-BCA-BTCCBCP.
2. Can Foreign Organizations Bring Seals to Vietnam for Use?
According to Clause 1, Article 10 of Decree 99/2016/ND-CP, which regulates the seals of foreign organizations without diplomatic functions:
Foreign organizations without diplomatic functions, as defined by law, have the right to bring seals from abroad into the territory of Vietnam for use. The seal brought into Vietnam must not display images of the Vietnamese state, symbols of Vietnam, the name of the Vietnamese state, or other Vietnamese agencies and organizations; nor may it violate the cultural ethics, historical integrity, or traditional customs of the Vietnamese people. Before using the seal within the territory of Vietnam, the organization must register the seal sample at the seal registration authority according to the provisions of Article 12, with the necessary documentation prepared as specified in Clause 10, Article 13 of Decree 99/2016/ND-CP.
If the foreign organization does not bring the seal into Vietnam but applies for a seal in Vietnam, it must prepare the registration documentation according to Article 12 of Decree 99/2016/ND-CP and the corresponding requirements in Clause 10, Article 13.
Therefore, it can be concluded that foreign organizations without diplomatic functions are permitted to bring seals from abroad into Vietnam for use, adhering to the previously analyzed process (Section 1). However, the seal brought into Vietnam must not contain images, symbols, or names of the Vietnamese state, agencies, or organizations, nor violate the historical, cultural, ethical, or traditional customs of the Vietnamese people.
3. Where Should Foreign Organizations Without Diplomatic Functions Register Their Seal?
According to Clause 1, Article 12 of Decree 99/2016/ND-CP, amended and supplemented by Point a, Clause 6, Article 2 of Decree 56/2023/ND-CP, the authority responsible for seal registration. The Department of Administrative Management on Social Order, Ministry of Public Security, is responsible for registering seal samples in the following cases:
- The President, the Chairperson of the National Assembly, the General Secretary of the National Assembly, the Prime Minister.
- The National Assembly, the National Election Council, the Standing Committee of the National Assembly, the Ethnic Council, and other committees of the National Assembly, the Office of the President.
- The Government, ministries, ministerial-level agencies, government-affiliated agencies, the Standing Committee of the National Assembly, the Office of the National Assembly, the State Audit, the Ho Chi Minh City National Political Academy, and other units under these agencies.
- The Supreme People’s Procuracy, the High People’s Procuracy, and their affiliated units.
- The Supreme People’s Court, the High People’s Court, and their affiliated units.
- Military Command Boards of central ministries and sectors.
- The Civil Judgment Enforcement Authority under the Ministry of Justice, the Criminal Judgment Enforcement Authority under the Ministry of National Defense, detention centers or prisons under the Ministry of Public Security, and their affiliated units.
- The security investigation agency, the police investigation agency under the Ministry of Public Security; investigation agencies under the Supreme People’s Procuracy and their affiliated units.
- Agencies within the organizational system of the Communist Party of Vietnam, political and social organizations, the Vietnam Fatherland Front, professional political and social organizations, social organizations, professional social organizations, social funds, charity funds, religious organizations, and non-governmental organizations established by competent central state authorities, which have been granted operational licenses.
- Economic organizations established by competent central authorities, granted operational licenses, and their affiliated units.
- Embassies, Consulates, Consulates General, Honorary Consulates, Permanent Delegations, Honorary Consuls, Permanent Observer Delegations, and other representative agencies with functions representing the Socialist Republic of Vietnam at intergovernmental international organizations or in foreign territories.
- Foreign organizations without diplomatic functions; other organizations established by competent central authorities and granted operational licenses.
Based on the above provisions, foreign organizations without diplomatic functions that have been granted operational licenses in Vietnam will carry out the seal sample registration procedure at: Department of Administrative Management on Social Order, Ministry of Public Security.
In conclusion, the procedure for bringing foreign seals into Vietnam for use involves specific steps and adherence to legal regulations. Foreign organizations without diplomatic functions are permitted to bring their seals, provided they comply with the outlined requirements and respect the cultural and legal frameworks of Vietnam. Understanding and following these procedures is essential for smooth and lawful operation within Vietnamese territory.
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Dinh Phuong Thao