The seal no longer has the absolute "legal authority" as many people have long thought.
Enterprises can have many seals.
All seals must be the same in form and content.
The enterprise may pick the form of its seals
Shape: The seal may be in the form of a circle, square, triangle, rectangle, trapezoid, diamond, ellipse, or other polygons. The seal may be shaped like a flower, a butterfly, a fish, or a bird.
Color: The seal can use any ink color: Blue, red, purple, yellow, orange, black, or purple.
Size: The seal may be as small as the cap of a beer bottle or as big as a bowl.
In addition to mandatory content, which is the name and business code, the seal may contain other content.
Enterprises can add content such as logos, slogans, or others as long as they do not violate the provisions of Article 14 of Decree 96/2015 / ND-CP.
Enterprises themselves decide on the management and use of seals without subjecting to the control of the police authorities as before.
Where and how the seal is kept and sealed are decided by the enterprise.
If they are skillful, businesses can engrave their seal or hire a seal engraving company to make it.
After making or setting up a seal according to regulations, the enterprise is responsible for notifying the seal sample to the business registration office where the enterprise is headquartered for public posting on the National Portal for business registration (www.danglykinhdoanh.gov.vn).
At this site, we can also look up the seal samples of other businesses.
According to company seal regulations, those made before 1st July 2015 can be used without any formalities.
In case it wants a new seal, the enterprise must make one itself or hire a seal engraving firm as mentioned above and notify the seal sample to the business registration office where the enterprise is headquartered to publish publicly on the National Portal for business registration (www.danglykinhdoanh.gov.vn).
For a seal made before 1st July 2015, the enterprise must return the seal and seal specimen registration certificate to the police office that issued the seal specimen registration certificate and notify the seal model to the business registration office where the enterprise is headquartered for public posting on the National Business Registration Portal.
In the regulations of using enterprise seal of the Enterprise Law 2014, when a seal is lost, the enterprise must make a new one itself or hire a seal engraving firm as mentioned above and notify the new seal sample to the business registration office where the enterprise is headquartered to publish publicly on the National Portal for business registration (www.danglykinhdoanh.gov.vn).
For seals made before July 1, 2015, enterprises shall simultaneously notify the loss of seals and return the seal specimen registration certificate to the police office where the seal specimen registration certificate is issued.
The transaction parties agree on the use of seals. For example, in a contractual relationship, the parties may agree to affix a seal or not.
In the forms of business registration dossiers issued by the Ministry of Planning and Investment, enterprises must not be sealed.
There are still no legal documents forcing businesses to seal on documents issued or signed by themselves (Except Circular 04/2013 / TT-BNV of the Ministry of Home Affairs, but this Circular is for state agencies). Therefore, it is okay to have a deal without a seal. However, the habit of using seals in a transaction cannot be removed.
Organizations and units established under the following laws do not apply the regulations on seals in the Enterprise Law, and instead comply with Decree 99/2016 / ND-CP on management and use of seals:
The Notary Law;
The Law on Lawyers;
The law on Judicial expertise;
The Insurance Business Law;
The Securities Law;
The Law on Cooperatives.
Source: https://vietluat.vn/phap-luat-moi-quy-dinh-ve-con-dau-doanh-nghiep-nhu-the-nao.html
