Tiếng Việt
中文A wife is not inherently entitled to use the seal merely because her husband is the director. A seal is an asset and instrument of the agency or organization — the management and use of seals is prescribed in writing by the head of the agency or organization. The wife may only use the seal when assigned tasks or work related thereto (for example: as an administrative officer, cashier, or accountant assigned to affix seals on documents) and in compliance with the agency’s internal seal management and use regulations.
1. Conditions for using seals of agencies and organizations
Under Article 5 of Decree 99/2016/ND-CP on the management and use of seals: agencies, organizations and state titles may only use seals when there are provisions permitting the use of seals in normative legal documents or decisions of competent authorities; and must register the seal specimen before use. Seals include: seals bearing the national emblem, seals bearing an emblem, and seals without emblem (Clause 1, Article 3). The use of additional seals (wet-ink seal, embossed seal, reduced-size seal, wax seal) shall be as prescribed: the use of additional wet-ink seals must be permitted by the competent authority; economic organizations shall decide by themselves on the use of additional seals.
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2. Who is assigned to use seals of agencies and organizations?
The head of the agency or organization assigns specific departments or individuals (usually the administrative officer) to manage and use seals under internal regulations. The assigned person may only affix seals on documents already signed by the competent person and in proper form. The director’s wife has no right to use the seal on her own initiative if not assigned — the marital relationship does not create seal-use authority.
3. Prohibited acts in seal use and sanctions
Under Decree 99/2016/ND-CP, prohibited acts include: forging or using forged seals; using seals in violation of regulations; taking advantage of assigned tasks in the process of handling seal procedures to harass or cause inconvenience, infringing the lawful rights and interests of agencies, organizations and individuals. Violations are subject to administrative sanctions under Decree 144/2021/ND-CP and may incur criminal liability (the crime of forging seals and documents of agencies and organizations — Article 341 of the Penal Code 2015) in serious cases. Note: for enterprises, seal management is carried out under Article 43 of the Law on Enterprises 2020 — enterprises decide by themselves on the form, quantity and contents of seals and internal management regulations. Regarding seal specimen registration after the rearrangement of administrative units (district level abolished, two-level local government from 01/7/2025): under Official Dispatch 2425/BCA-C06/2025 of the Ministry of Public Security, agencies and organizations shall register seal specimens at the Police Division for Administrative Management of Social Order of the provincial-level Public Security (the new province after rearrangement, if any) and use online public services with the agency’s or organization’s electronic identification account from 01/7/2025.
Notes on applying current legal regulations
The content of this article is presented for reference purposes, helping readers understand the legal issue at an overview level. Regulations on seal specimen registration may change after the district level is abolished — the current documents should be cross-checked. Where advice is needed, you should contact an ANT Legal lawyer via 0966.475.966 for review and advice before proceeding.
Common risks to note
– Using seals on one’s own initiative when not assigned.
– Assuming family relationships create seal-use authority.
– Affixing seals on documents not yet signed by the competent person.
– Applying the wrong document between seals of state agencies and seals of enterprises.
How can ANT Legal help?
ANT Legal assists in advising on formulating seal management and use regulations for agencies, organizations and enterprises. For prompt advice, please contact our lawyers via 0966.475.966.
Frequently asked questions
May a wife use the agency’s seal when her husband is the director?
Not inherently. A wife may only use the seal when assigned tasks or work related thereto (for example: as an administrative officer, cashier, or accountant assigned to affix seals on documents) and in compliance with the agency’s seal management and use regulations — the marital relationship does not create seal-use authority.
Who is assigned to manage and use seals?
The head of the agency or organization assigns specific departments or individuals (usually the administrative officer) to manage and use seals under internal regulations; the assigned person may only affix seals on documents already signed by the competent person and in proper form.
How is unauthorized use of seals in violation of regulations handled?
Violations are subject to administrative sanctions under Decree 144/2021/ND-CP and may incur criminal liability (the crime of forging seals and documents of agencies and organizations — Article 341 of the Penal Code 2015) in serious cases.
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