Is a representative office of a foreign trader allowed to use multiple seals? What documents are included in the application for additional seal registration of a representative office?

Are representative offices of foreign traders allowed to use multiple seals?

(1) Pursuant to Article 1 of Decree 99/2016/ND-CP Scope of Article edit

“1. This Decree regulates the management and use of seals of state agencies, people’s armed units, agencies under the organizational system of the Communist Party of Vietnam, Vietnam Fatherland Front, socio-political organizations, economic organizations, associations, social funds, charity funds, non-governmental organizations, religious organizations, foreign organizations operating in Vietnam, other organizations established and operating according to the provisions of law (hereinafter referred to as agencies and organizations) and state titles.

2. This Decree does not regulate:

a) Management and use of seals of enterprises registered and operating in accordance with the provisions of the Enterprise Law and Investment Law;

b) Title stamps; date, month and year stamps; public receipt stamps text; signature stamp.”

(2) Pursuant to Article 5 of Decree 99/2016/ND-CP stipulating the conditions for using the seal of representative offices as follows:

“1. Agencies, organizations, and state titles may only use the seal when there are regulations on the permission to use the seal in legal documents or decisions of competent agencies; must register the seal sample before use.

2. The use of seals with the National Emblem must be prescribed in laws, ordinances, decrees or decisions of the Prime Minister stipulated functions, tasks, powers and organizational structures of agencies and organizations or as prescribed 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 seals.

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

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

a) Agencies, organizations, and state titles that use additional wet seals must be permitted by the competent authority;

b) State agencies, organizations, and titles make their own decisions. determine the use of additional embossed marks, miniature marks, xi marks;

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

So in her case, the law does not restrict a representative office from having a new seal.

What documents are included in the dossier to register an additional seal of a representative office?

Pursuant to Article 16 of Decree 99/2016/ND-CP, the dossier to register an additional seal of a representative office is as follows:

– For state agencies, organizations, and titles registering an additional wet seal: Written permission to use additional wet stamps from the competent authority.

– For agencies, organizations, and state titles registering additional embossed seals, miniature seals, and seals: Written request to register additional seals of the head of the agency, organization, or state title.

– For economic organizations registering additional wet seals, embossed seals, miniature seals, and wax seals: Written request to register additional seals of the head of the economic organization.

Accordingly, in your case, you only need a written request to register the seal of the head of the economic organization.

Which agency receives representative office seal sample registration applications?

Pursuant to Clause 2, Article 12 of Decree 99/2016/ND-CP, the seal sample registration agency is as follows:

– The Police Department for administrative management of social order of provinces and centrally run cities is responsible for registering seal samples; Issuing, changing, and re-issuing seal sample registration certificates for agencies and organizations, including:

+ People’s Councils and People’s Committees at all levels; National Assembly Delegation, Office of National Assembly Delegation of provinces and centrally run cities; Provincial People’s Council Office;

+ Agencies belonging to the organizational system of ministries and central branches in the locality;

+ People’s Procuracy of provinces and centrally run cities; People’s Procuracy of districts, towns, provincial cities and equivalent; units under these agencies;

+ People’s Courts of provinces and centrally run cities; People’s Courts of districts, towns, provincial cities and equivalent; units under these agencies;

+ Provincial and centrally run city police; Fire prevention and fighting police of provinces and centrally run cities; Police of districts, towns and provincial cities; Commune, ward and town police; units under these agencies;

+ Criminal judgment execution agency of the Provincial Police, criminal judgment execution agency of the District Police, detention camps of the Provincial Police, units affiliated to these agencies;

+ Security Investigation Agency, Police Investigation Agency of Provincial Police; District Police Investigation Police Agency; units under these agencies;

+ Commune-level military command, military command of agencies and organizations at the grassroots level;

+ Provincial-level civil judgment enforcement agency, district-level civil judgment enforcement agency;

+ Professional agencies, non-business organizations under the Provincial People’s Committee, District People’s Committee, units under these agencies and organizations;

+ Agencies belonging to the organizational system of the Communist Party of Vietnam, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, religious organizations, social funds, charity funds, non-governmental organizations established or licensed to operate by local competent authorities, organizations affiliated to these agencies and organizations;

+ Economic organizations established or granted operation registration or operating licenses by local competent authorities and affiliated organizations;

+ Foreign organizations without diplomatic functions issued with operating licenses by local competent authorities;

+ Election Committee at the provincial level, Election Committee at the district level, Election Committee at the commune level, Election Board of National Assembly Deputies, Election Board of Provincial People’s Council Delegates, District People’s Council Delegates Election Board, Commune-level People’s Council Delegates Election Board, Election Team;

+ Other organizations established or licensed to operate by local competent authorities;

+ Some cases authorized by the seal sample registration agency specified in Clause 1 of this Article.

Thus, in this case, the Police Department of Administrative Management of Social Order of the Provincial and Central City Police is responsible for registering the seal sample for the representative office of the foreign trader.