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Home Legal News

Latest seal production conditions in Vietnam

Đào Văn Thắng by Đào Văn Thắng
17/10/2024
in Legal News
0
Contents show
1. Which seals can businesses produce?
2. Conditions for issuance of certificates of satisfaction of security and order conditions
3. Procedures for issuance of Certificate of satisfaction of security and order conditions
3.1. Profile components
3.2. Application submission method
3.3. Place to submit application
3.4. Resolution deadline

Currently, there are 03 types of seals: Seals with the National Emblem of the Socialist Republic of Vietnam; Seals with symbols and seals without symbols.


1. Which seals can businesses produce?

Enterprises  that have a Certificate of eligibility for security and order  are allowed to produce all types of seals, however:

– Only enterprises under the Ministry of Public Security are allowed to produce seals with the National Emblem of the Socialist Republic of Vietnam and seals with the image of the Police insignia;

– Only business establishments belonging to the Ministry of National Defense can produce seals with the Military Insignia, except for business establishments that operated before July 1, 2016.

dieu kien san xuat con dau moi nhat hien nay
illustration. Latest seal production conditions in Vietnam

2. Conditions for issuance of certificates of satisfaction of security and order conditions

– Registered, licensed or established in accordance with Vietnamese law.

– The person responsible for the security and order of the business establishment must Are not falls under one of the following cases:

+ For Vietnamese people:

Have been criminally prosecuted and Vietnamese or foreign prosecution agencies are investigating, prosecuting, and adjudicating.

Having a criminal record for crimes of infringing upon national security or other crimes due to intentional errors and sentenced to more than 3 years in prison or more whose criminal record has not been erased; are in the period of temporary suspension of serving a prison sentence; are serving a non-custodial reform sentence; are under house arrest, banned from residence, banned from holding positions, banned from doing business in investment and business lines subject to security and order conditions according to the Court’s decision.

Being subjected to educational measures in communes, wards, and towns; there is a decision to apply administrative measures while waiting for the implementation of the decision; are addicted to drugs; being temporarily suspended or temporarily suspended from complying with the decision to send to a compulsory education facility or to a compulsory drug treatment facility; administrative measures have been applied but the time limit has not been sufficient to be considered as not yet subject to administrative measures;

+ For Vietnamese residing abroad holding foreign passports and foreigners: Not yet granted a residence permit by a competent Vietnamese agency.

– Meets all conditions for fire prevention and fighting safety according to the provisions of law on fire prevention and fighting.


3. Procedures for issuance of Certificate of satisfaction of security and order conditions

3.1. Profile components

Components of the application for a Certificate of satisfaction of security and order conditions include:

–  Written request for a Certificate of satisfaction of security and order conditions of the business establishment  (Form No. 03 in the Appendix issued with Decree 56/2023/ND-CP).

–  Valid copy of one of the following types of documents:

+  Business registration certificate; Business registration certificate; Investment registration certificate; Operation registration certificate of branches and units under the enterprise; Certificate of registration of cooperatives and cooperative unions; Certificate of registration of branches and business locations of cooperatives and unions of cooperatives; Operating license from a competent Vietnamese state management agency; Business household registration certificate; Document of establishment or permission to operate together with document notifying tax code for revenue-generating public service units;

+  In case the documents specified in this Clause do not show investment and  business  industries and occupations , the business establishment must supplement documents proving the investment and business industries and occupations in which the business establishment operates. Actions and requests recorded in the Certificate of satisfaction of security and order conditions approved by the business registration agency or competent authority (for business establishments that are enterprises, the Police agency shall declare Download this document on the National Business Registration Portal).

–  A valid copy of the warehouse rental contract ensuring safety conditions for fire prevention and fighting for the business area and warehouse for storing raw materials and goods;

–  Curriculum vitae  attached with criminal record card or  personnel declaration  of the person responsible for security and order of the business establishment, specifically as follows:

+ For Vietnamese people in the country who are responsible for security and order of the business establishment named in the Certificate of satisfaction of security and order conditions, a CV is required; Criminal record card (except for those on the payroll of the armed forces);

The curriculum vitae of the people specified in this point, if they are on the payroll of the armed forces, must be certified by a competent authority directly managing them (except for business establishments).

+  For  V ietnamese people residing abroad holding foreign passports and foreigners must have a Personnel Declaration with a valid copy of Passport, Permanent Residence Card or Temporary Residence Card or Visa with validity period. residing in Vietnam;

+  In case a business establishment has many legal representatives, the CV, Judicial Record Card or Personnel Declaration in the file applies to the person named in the Certificate. enough conditions for security and order.

3.2. Application submission method

– Submit directly;

– Submit by post;

– Submit via the Electronic Information Portal for management of investment and business sectors subject to security and order conditions of the Ministry of Public Security. When receiving the Certificate of satisfaction of security and order conditions, the enterprise must transfer to the competent Police agency the documents and materials as prescribed.

3.3. Place to submit application

Police Department for administrative management of social order – Provincial Police

3.4. Resolution deadline

05 working days; or within 04 working days from the date of receipt of the dossier, the Police agency shall issue a written notice of non-issuance of the Certificate of satisfaction of security and order conditions and clearly state the reason.

Things to do after being granted a Certificate of satisfaction of security and order conditions:

– Within no more than 05 days from the date of commencement of business operations, the enterprise must have  a written notice of satisfaction of security and order conditions  accompanied by a copy of the Certificate of satisfaction of security and order conditions. Send it yourself to the Commune, Ward or Town Police.

– Within no more than 20 days from the start of operations, the enterprise is responsible for providing the competent police agency with the following documents:

+ List of people working in the enterprise (form DK11 issued with Circular 42/2017/TT-BCA);

+ Resume and personnel declaration  of the person responsible for security and order of the enterprise, except for the person named in the Certificate of eligibility for security and order;

+ List of vehicles serving security work .

  • Publicly post the process of receiving seal production documents and the price of stamp engraving at the enterprise.
  • Prepare a business operations management book (form DK14 issued with Circular 42/2017/TT-BCA).

Note:  Within no more than 60 days from the date of issuance of the Certificate of satisfaction of security and order conditions, the Certificate-issuing agency shall send a notice of post-inspection and conduct post-inspection to the enterprise as follows: after:

– Verify the background of the person responsible for security and order of the enterprise according to form DK4a (for Vietnamese people living in the country) or form DK4b (foreigners and Vietnamese people residing abroad holding passports). foreign countries) issued together with Circular 42/2017/TT-BCA if there is any doubt;

– Directly check the security and order conditions at the business establishment

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