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How the new law regulates enterprise seals

How the new law regulates enterprise seals

Friday 15, 05 2020
Enterprise Law 2014 is a revolution to change the thinking about the seal that has been ingrained in the minds of many generations of businesses.

 The seal no longer has the absolute "legal authority" as many people have long thought.

The enterprise picks the number of seals

  • Enterprises can have many seals.

  • All seals must be the same in form and content.

​The enterprise picks the form of seals

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.  

How the new law regulates enterprise seals

​The enterprise picks the content of the seals

  • 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.

The decision on management and use of seals:

  • 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.

May an enterprise use self-manufactured joint-stock company seals?

  • If they are skillful, businesses can engrave their seal or hire a seal engraving company to make it.

Notice of seal sample:

  • 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.

Regarding seals made before 1st July 2015:

  • According to company seal regulations, those made before 1st July 2015 can be used without any formalities.

Change of seal pattern.

  • 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 case an enterprise loses the seal

  • 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.

Usage of seals in transactions

  • 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.

Businesses that are not governed by the Provisions on seals of the Enterprise Law:

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

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