If the husband is a director, is the wife allowed to use the seal in the agency? What are the conditions for using the seal?

What is a seal?

According to Clause 1, Article 3, Decree 99/2016/ND-CP explains as follows:

“Article 3. Interpretation of terms

In this Decree, the following terms are understood as follows:

1. A seal is a special means registered and managed by a competent state authority, used to affix documents and papers of state agencies, organizations and titles.

Seals specified in this Decree include: Seals with the national emblem, seals with symbols, seals with

[…]”

Accordingly, a seal is a special means registered and managed by a competent state authority, used to affix documents and papers of state agencies, organizations and titles. Including: Seals with the national emblem, seals with symbols, wise seals.

What are the conditions for using the seal?

According to Article 5 of Decree 99/2016/ND-CP stipulating the conditions for using seals as follows:

“Article 5. Conditions for using the seal

1. State agencies, organizations, and titles may only use seals when there are regulations on permission to use seals in legal documents or decisions of competent agencies; Seal samples must be registered before use.

2. The use of a seal with the National Emblem must be prescribed in laws, ordinances, decrees or decisions of the Prime Minister stipulating the functions, tasks, powers and organizational structures of agencies and organizations or stipulated in international treaties to which Vietnam is a member.

3. State agencies, organizations and titles that have the function of issuing diplomas, certificates and papers with photos or sealing documents according to the provisions of law are allowed to use embossed stamps, miniature stamps or wax marks.

4. State agencies, organizations, and titles may only use one seal according to the form prescribed by the competent state authority.

In case it is necessary to use an additional seal like the issued seal (wet seal, embossed seal, miniature seal, wax seal), comply with the following regulations:

a) State agencies, organizations, and titles that use additional wet stamps must be permitted by the competent authority;

b) State agencies, organizations, and titles that decide on the use of additional embossed marks, miniature marks, and seals;

c) Economic organizations that decide on the use of additional seals; mark.”

Thus, state agencies, organizations, and titles can only use seals when there are regulations on the permission to use seals in legal documents or decisions of competent agencies; Seal samples must be registered before use. The use of a seal with the National Emblem must be prescribed in laws, ordinances, decrees or decisions of the Prime Minister stipulating the functions, tasks, powers and organizational structures of agencies and organizations or stipulated in international treaties to which Vietnam is a member. State agencies, organizations and titles that have the function of issuing diplomas, certificates and papers with photos or sealing documents according to the provisions of law are allowed to use embossed stamps, miniature stamps or wax marks.

If the husband is a director, is the wife not allowed to use the seal?

According to Article 6 of Decree 99/2016/ND-CP stipulating the following prohibited acts:

Actions are strictly prohibited

– Forging seals, using fake seals.

– Buying and selling seals and illegally destroying seals.

– Using expired stamps.

– Intentionally deforming or modifying the content of the registered seal sample.

– Failure to submit the seal according to the decision of the competent authority or the seal sample registration agency.

– Borrow, lend, rent, lease, pledge, mortgage seals; Use the seal of other agencies and organizations to operate.

– Illegally occupying and appropriating seals.

– Using a seal whose seal sample has not been registered.

– Counterfeit, correct, or falsify the information content on the seal sample registration certificate.

– Stamp on the signature of an unauthorized person.

– Failure to comply with seal inspection, failure to present seal when requested by the seal sample registration agency for inspection.

– Taking advantage of assigned tasks in the process of handling seal procedures to harass, cause trouble, and infringe upon the legitimate rights and interests of agencies, organizations, and individuals.

– Other acts as prescribed by law.

So, to clarify your problem, you must compare the director’s wife’s use of the seal for what purpose? Do you fall into the above prohibited acts? If the wife is a subordinate and using the seal is according to assigned tasks, it is completely normal. However, note that the seal is issued to an agency or organization so you can compare the issue.