Every business transaction in writing requires the use of a business seal. The business seal is a difference and non-duplication to distinguish businesses from each other. In the following article, lawyers would like to share about “The acts that are handled related to business seals”.
Firstly, it is necessary to understand what is “Business seal”?
The seal of an enterprise is a special, non-duplicating mark to distinguish between one enterprise and another.
Enterprises are entitled to take the initiative in managing and using the seals.
“Article 44 of the 2014 Enterprise Law stipulates:
“1. Enterprises may decide on the form, quantity and content of their seals. The contents of the seals must show the following information:
a) Name of the enterprise;
b) Enterprise identification number.
Before use, the enterprise is obliged to notify the seal specimen to the business registration office for public posting on the National Business Registration Portal.
The management, use and storage of seals comply with the company’s charter.
The seal is used in cases prescribed by law or the transaction parties have an agreement on the use of the seal.
The Government details this Article. ”
Secondly, the handling actions related to enterprise seals:
– A fine of between VND 500,000 and VND 1,000,000 shall be imposed on violating individuals:
+ Do not immediately notify the competent authority of the loss or damage of seal specimen registration certificate.
+ Do not re-register seal specimen with competent agencies as prescribed.
– A fine of between VND 2,000,000 and 3,000,000 for individuals who commit the following acts:
+ Carving all kinds of seals without seal engraving permits or other papers as prescribed. (Additional fine: Confiscation of material evidences and means of administrative violations and deprivation of the right to use licenses, professional practice certificates for a period of between 03 months and 06 months).
+ Using a seal that has not been registered to deposit for the seal sample or does not yet have a certificate of seal specimen registration.
+ Arbitrarily bring the seal out of agencies and units without permission of the competent authorities.
+ Do not immediately notify the competent authorities of the loss of the seal being used.
+ Do not exchange the seal when there is a decision of the competent authority about changing the name of the agency or organization using the seal or changing the name of the superior agency or changing the head office of the agency or organization related to the seal sample. .
+ Do not re-engrave the seal on the prescribed form.
+ Do not return the seal and certificate of seal sample registration when the decision of the competent authority takes effect on division, merger, consolidation, dissolution, termination of duties, conversion of facility form. possession or termination of an agency, organization or suspension of use of the seal.
+ Do not notify the seal specimen to the competent authorities before use.
+ Do not present the seal and certificate of seal sample registration when required by the competent authority.
– A fine of between VND 3,000,000 and 5,000,000 for violating individuals:
+ Do not return the seal, certificate of seal sample registration or not submit the seal on time when there is a withdrawal decision of the competent authority (Remedy: Forced recovery of the seal, seal sample registration certificate).
+ Seal on documents and papers without the signature of the competent person or the signature of the competent person (Remedy: Forced cancellation of documents and papers with improper seal).
+ Borrowing, lending the seal, using the seal of another agency or organization to operate. (Remedy: Forced to recover the seal.)
+ Producing seal of legal entity not according to prescribed procedures (Additional fine: Confiscate material evidences and / or means used for administrative violations and deprive of the right to use licenses, professional practice certificates for a period of from 03 months to 06 month.)
– A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on violating individuals
+ Bring the seal to the Socialist Republic of Vietnam without a permit or certificate of seal sample registration.
+ Illegally using seals brought from abroad into Vietnam.
+ Forging documents to make additional seals of agencies and organizations (Additional fine: Confiscation of material evidences and means of administrative violations and forced application of remedial measures: Forced recovery of seals.)
+ Illegally using seals brought from abroad into Vietnam.
+ Carving fake seals or using fake seals (Additional fine: Confiscation of material evidences and means of administrative violations and forced application of remedial measures: Forced recovery of seals).
The above sanctioning level applies to individuals who commit violations. For organizations that commit the same violations, they will be sanctioned twice the level of individual sanctions.
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