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Circular 07/2009/tt-Bca: Detailing The Implementation Of A Number Of Articles Of Decree No. 55/2001/nd-Cp On 24/8/2001 On The Management And Use Of The Seal Was Modified, Adding Some Of The ...

Original Language Title: Thông tư 07/2010/TT-BCA: Quy định chi tiết thi hành một số điều của Nghị định số 58/2001/NĐ-CP ngày 24/8/2001 về quản lý và sử dụng con dấu đã được sửa đổi, bổ sung một số điều của Nghị đ...

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CIRCULAR detailing the implementation of a number of articles of Decree No. 55/2001/ND-CP on 24/8/2001 on the management and use of the seal was modified, adding a number of articles of Decree No. 31/2009/ND-CP dated 19/4/2009 pursuant to Decree No. 77/2009/ND-CP dated 15/9/2009 regulation function duties, powers and organizational structure of the Ministry of public security;
The Ministry of public security detailing the implementation of a number of articles of Decree No. 55/2001/ND-CP on 24/8/2001 on the management and use of the seal was modified, adding some things under Decree No. 31/2009/ND-CP dated 19/4/2009 (here written as Decree No. 55/2001/ND-CP) , as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular detailing the implementation of a number of articles of Decree No. 55/2001/ND-CP on the procedure of making seals; bearing the seal of the Agency, foreign organizations in Vietnam; management and use of seal organs, organizations and State titles.
Article 2. The object that applies to this circular apply to agencies, organizations, State titles; the Agency, foreign organizations active on the territory of the Socialist Republic Vietnam.
Article 3. Explanation of terms 1. Competent State bodies, competent agencies (here written as competent authority) specified in article 4, paragraph 1 article 6, paragraph 1, item 2 article 10, paragraph 3 article 11 of Decree 58/2001/ND-CP is the Agency has the power to establish, operate or license recognized the legal personality of the Agency the Organization, in accordance with the law.
2. other organizations specified in paragraph 12 of article 3 of Decree 58/2001/ND-CP is not specified in the paragraph 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of article 3 of Decree 58/2001/ND-CP, but are the Prime allows used seals have a coat.
3. other organizations specified in paragraph 7 article 4 of Decree 58/2001/ND-CP are held not in the structure of the industry, but are bodies under the provisions of the law are competent to decide to establish, operate or license recognized legal personality and allow the use of the seal.
4. Agencies, organizations need to have more second seal has the same content as the first seal is the Agency, other-based organizations outside the central cities, where the main headquarters, someone on behalf of the Agency, organizations working directly in that Office and have the need to use the second stamp.
5. the Agency's logo, the Organization of the seal is the symbol of that organization, agency and have been specified in the legal text or is prescribed in the international treaties to which Vietnam is a member.
6. The name of the Agency, held in a foreign language or written off there in the seal's name has been recorded in the decision, license, license latest representative office, business registration certificates, investment certificates and other documents by the competent authorities of Vietnam granted or recognized.
Chapter II PROCEDURES article 4 SEALS. The procedure of making the seal 1. General procedure to seal a) Agency, organized systematically from the central to the base have been stipulated in the legal text or of approval authority for permission to use the seal, the procedure for making the seal of the authority, the organisation does not need permission to use the seal;
b) decide to establish, licenses of competent authorities in making the seal, again registered certificate, bearing the stamp seal from overseas into Vietnam using the provisions in articles 4, 5, 6, 7, 8 and 9 of this circular must be presented original and certified copies or certified;
c) Who directly contact with the police to stamp; reissuing a certificate of registered seal, bearing seals from overseas into Vietnam must have a referral or authorization, attached to certificates or passports;
d) within 4 working days from the date of receiving the documents, the police must solve procedure on the seal specified in this circular, sign up to pay stamp seal and certificate of registered seal for the Agency, organization, State titles.
2. The procedure of making a new seal) for the Agency, the organization used the seal coat shaped: specialized agencies, organizations need career: decided to establish, for permission to use the seal of the competent authority under the provisions of the law.
b) for social-political organizations, religious organizations, non-governmental organizations, mass society, professional associations need: decided to set up and the Charter or the Charter for permission to use the seal has to be approved by the competent authority.
c) for science and technology organizations need: decided to establish, for permission to use the seal and certificate of registration of scientific and technological activities.
d) for organizing the press, publishing need: decided to set up, allows the use of the seal and the press operation license, the license published by the competent authorities.
DD) for foreign organizations do not have diplomatic functions needed: license of the authorized agency of Vietnam.
e) for diplomatic representative agencies need: The functions of diplomatic missions attached form and seal of the Foreign Ministry of Vietnam.
g) for organizations operating under the insurance business law, securities laws require: license and operation.
h) for organizations that need: the certificate of investment or business registration certificate or registration certificate, decided to set up offices, savings in transaction or the commercial bank branch.
3. procedure to redo the seal lost bodies, held State titles, lost the seal need to redo the procedure, including:-proposal writing redo the seal, which stated the reason and confirmed by social agencies where happens take a seal sent the police where solved do seals;
-Certificate of registered seal of the seal lost by the police.
4. the modified procedure seals the Agency held title, the State seal is worn, distorted, corrupted when to change text change proposal must have the seal and stating the reason;
5. The procedure of reissuing a certificate of registered seal due to loss, damage, including:-grant proposal writing back the certificate of registered seal sent the police where have registered certification mark specimens;
-Seals are used (to check).
Article 5. The recommended procedure for use of the seal has a coat of 1. The recommended procedure for use of the seal has a coat of a) decided to establish the Agency, the organisation of the competent authority.
b text) Ministry of public security and the Ministry of Interior stated the need to use a seal-shaped coat.
2. The Ministry of public security and the Ministry of Interior is responsible for reporting the prime consideration, decision. The Ministry of public security is responsible for directing the work of the Organization, agency, that organization.
Article 6. The procedure of making the second seal 1. The procedure of making a second seal) for economic organizations: customized individual economic organizations, procedures to do the second seal must have one of the documents: the certificate of business registration, business registration certificates, investment certificates, permits the establishment and operation of the place has headquarters and Headquarters Monday;
b) for the Agency, other organization: decisions of the competent bodies established and allow the use of the seal in the second seat.
2. The police where the first seal registration is responsible for receiving, reviewing records, resolve the procedure done, register and manage the second seal according to the Agency's proposal, organization.
Article 7. The procedure of making miniature seal, a seal, the seal Poker procedures miniature seal, a seal, the seal Poker, including: 1. The text of the authorized State agencies allowed to grant diplomas, certificates, certificates or professional staff;
2. the Agency's dispatch, the organization needs to do miniature stamp, stamp, stamp xi sent the police where the registered seal.
Article 8. The procedure of making seals are symbols, foreign words, abbreviations, the Agency held that needs doing foreign icon or text or abbreviated name in the content addition to the seals, the procedure specified in article 4 of this circular, must have written recommendations to the police where the license do the seals solved (for business then suggest that police agencies where the registered seal).
Article 9. The procedure carries the seal of the Agency, foreign organizations in Vietnam operation 1. The Agency held abroad have no diplomatic functions, if there is the need to bring the seal from overseas into Vietnam using, must have the application according to the form prescribed by the Ministry of public security; license, work the Agency has the authority to grant Vietnam.
2. within three days from the date the seal in Vietnam, authorities, foreign organizations must be registered at the police authority as defined in article 12 of this circular before use.
Chapter III ADMINISTRATIVE RESPONSIBILITIES and USING the SEAL article 10. The responsibilities of the Agency, the competent organization established, recognized, active license and permission to use the seal 1. Check out the preservation, use the seal of the Agency, held under the control of management.
2. In coordination with the police to revoke the seal, a certificate of registered seal of the Agency, held under the authority of the cases decided to split, merger, amalgamation, dissolution, end task, switch the form property for delivery to the police where the registered seal.
3. the decision-making authority to revoke the business registration certificates, investment certificates, certificates of registration of branches and representative offices of economic organizations, is responsible for coordination with the public security bodies recovered seals and certificate of registered seal.
Article 11. The Agency's responsibilities, the organization used the seal 1. Sample registration stamp in the police and informs stamp with the bodies, the relevant organization before using.
2. check the management and use of the seal of the Agency, his organization and the seal of the Agency, held under the control of its management.

3. tightly seal management in institutions, organizations; There are specific rules on management, use of the seal. Case of need to use the seal outside the headquarters of the Agency, held to tackle the job, it must be allowed, the agency heads of the organization.
4. seal only for people who are assigned clerical tasks using close to the text, papers already have content, there is a signature of the person authorized by the Agency, that organization; not only can control stamping or sealing before signing.
5. Must immediately notify to the Agency the grant town where the seal or certificate of registered seal is lost to the Organization in the search; at the same time, there must be a written report on the loss of seal or lost certificate of registered seal for the police where the registered seal; after it was announced if found, then returned to seal it for the police to cancel under regulation.
6. within 30 days from the date of the decision to that effect, the head of the Agency, the Organization was split, merger, amalgamation, dissolution, end task, switch the form of ownership, to seal and certificate of registered seal for the police which had granted the seal.
7. in case of changes, redo the seal shall only receive the new seal and certificate of registered seal after the old seal and has filed a certificate of registered seal for the police where to register new seals.
Article 12. The responsibility of the public safety agency 1. Police Administration of social order has the responsibility to resolve the procedure do the seal, legal registration and certificate of registered seal for the Agency, organization, title, state the following: a) the National Assembly, the Government, state title, ministries, ministerial-level agencies Government agencies, and the agencies, institutions;
b the central authorities) of the political organization, social-political organizations, religious organizations, non-governmental organizations, public associations, professional associations and subdivisions;
c) of diplomatic missions abroad; the Agency, foreign organizations operating in Vietnam by Vietnam's central agency licensed establishment, operation;
d) agencies, organized by the Vietnam overseas operations under the authority of the management bodies, the Central Organization;
DD) organization by the central organs economy established, licensed activity;
e) agencies, foreign organizations carrying the seal in Vietnam use.
2. administrative management of police about the social order, a city centrally responsible for solve procedure do the seal, stamp and registration certificate of registered seal the following cases: a) the specialized agencies, the Organization of political organization, career , social-political organizations, religious organizations, non-governmental organizations, public associations, professional associations in the locality; agencies, organized by vertical industry system in local activities;
b) organs, organizations; local economic organizations to license, register; the Agency, held under the authority of local management and a number of other cases according to the notice of the police administration of social order.
c) organs, held local operations in foreign countries.
3. check the management and use of the seal as follows: a) The following persons are authorized to check the management and use of seal:-Director of Department of police administration of social order: the Director of police, central cities;
-Head of the Police Bureau in the administration of social order; The head of the police administration of social order police, the central cities;
-Head of the police district, district, town, city in the province;
-The captain of police administration of social order in the district, the County, towns and cities in the province;
-Officers, soldiers of the people's police in the police force of the administrative management of the social order to function, the task of managing the seal.
b) content check:-check the current state of the seal;
-Test certificate of registered seal;
-Examine the management, preservation and use of the seal.
c) end the inspection the competent person inspection as defined in point a of this paragraph to set the minutes in the form issued by the Ministry of public security. The minutes are made in two copies, one copy to save the profile, a given agency, held a seal is checked.
Chapter IV IMPLEMENTATION article 13. Effective enforcement of this circular effect after 45 days from the date of signing, the previous text of the Ministry of public security guidelines on the management and use of the seal is contrary to this circular are abolished.
Article 14. Responsibility 1. General Directorate of administrative police of order, social security has the responsibility: a) instructions, check the management and use of the seal under the provisions of Decree No. 55/2001/ND-CP and this circular;
b) in collaboration with the specialized agencies of the Ministry of the Interior, the Central Agency for political organizations, social-political organizations, social organizations, mass society-professional, religious organizations in Vietnam to build and process unified regulating authority seal, the management and use of the seal of the Organization;
c) help lead the preliminary organization of the Ministry of public security, of the management and use of the seal.
2. Public Security Department, central cities are responsible for: a) the organization making the seal, managing and checking the management, preservation and use of the seal of the Agency, held by assigning decentralized;
b) preliminary organization, summarizes the management and use of the seal.
3. General Director of the Directorate, the heads of subdivisions of the Ministry of public security, the Director of the province, central cities, Director of the Fire Department and Police Department fire Ho Chi Minh City within the scope of his duties, function is responsible for implementation of this circular.
In the process, if any problems arise, the organs, organizations and public security units, local report, reflection on the Ministry of public security (via the police administration of social order) to have timely instructions./.