Company seal is an object engraved or engraved the company's contents in order to create a fixed seal on the documents when making decisions or transactions. Seal engraving and seal management are one of the mandatory jobs when doing business registration, company establishment registration.
When making the company seal, the company must comply with the provisions of law on content, quantity, size and some other requirements for the company's seal to be used legally.
The provisions of the Enterprise Law on the seal of the enterprise #
The right to decide on the company's seal:
The decision on the number of seals, the form of the seal and the seal content is the owner of the private enterprise, the Members' Council, the company president, the Board of Directors and a number of other subjects as provided for by the Charter. company.
Seal sample, quantity of company seal:
For the seal sample, including the form, size, content, ink color and the number of seals, will be decided by the competent entities mentioned above.
Before January 01, 01: Before putting it into use, the seal sample must be notified to the business registration authority to post a public notice on the National Portal on company registration.
Company seal content:
The company seal must contain a content of the company number and the name of the company according to the business registration. In addition, the company can add other words and images to its seal content.
Enterprises have the right to decide on their own seal
According to the Law on Enterprises 2014 stipulates that enterprises have the right to decide on the form, quantity and content of the seal, but the content of the seal must show the following information:
- Company's name;
- Business code.
Under the provisions of Clause 2, Article 43 of the Law on Enterprises 2020, the mandatory provisions on the information shown in the seal content have been abolished, the enterprise shall decide on its own to remove the seal, the quantity, the form and the seal content of the enterprise. Karma.
According to the Enterprise Law 2020, the enterprise also has the right to decide the type of seal, the number, the form and content of the seal of the branch, representative office and other units of the enterprise. This in the Enterprise Law 2014 does not show.
The content of the seal must not violate the prohibition as prescribed in Article 14 of Decree No. 96/2015 / ND - CP. Specifically, the seal content is not used:
- National Emblem, National Flag of the Socialist Republic of Vietnam, Party Flag of the Communist Party of Vietnam.
- Names, images, symbols of the state, state agencies, police units, military units, political organizations, social organizations, socio-political organizations, socio-professional organizations , socio-political professional organizations.
- Words, symbols, and images violate Vietnam's historical traditions, culture, ethics, and fine customs.
Guide to making a company seal #
Select the pattern and seal unit
The company needs to accurately determine the seal sample before it can engrave the seal both in appearance and in the amount of seal and type of seal.
After that, the company will search for a unit, which provides seal engraving service to engrave seal.
When making seal engraving, the company needs to prepare a valid copy of the Establishment Registration Certificate and a sample or sketch of the company's seal. If the company does not have the seal sample or sketch, when going to work with the seal maker, it is necessary to clearly state the information of the seal so that the company can understand the requirements when implementing. Or the company and the same unit make a preliminary outline of the seal sample to ensure that when the seal is engraved, the seal has the right content and form as required and decided by a competent subject of the company.
Company seal size
Currently, the documents about the size of seals of the Ministry of the Interior or the Ministry of Public Security have expired and no alternative documents on the content.
Therefore, the company's seal size depends on the decision of the authorized entity of the company.
However, the subjects who have the right to decide on the seal sample should also consider to decide the seal sample, should not use the seal sample that is too big or too small, the seal sample is just right, just enough to represent the the required content of the seal.
No need to notify the seal sample before use #
Previously, according to Clause 2, Article 44 of the Law on Enterprises 2014, enterprises were allowed to engrave their own seal, but before using it, an enterprise was obliged to announce the seal sample to the business registration agency for public posting on the Portal. National information on business registration.
The Enterprise Law 2020, effective from January 01, 01, has been annulled. Enterprises will not need to carry out the procedure for notifying the seal sample with the Business Registration Authority.
This is considered a new, progressive and suitable regulation in simplifying administrative procedures, saving time and effort in the process of implementing business-related procedures.
Recognition of digital signature is the seal of the business #
The Enterprise Law 2020 recognizes the seal of an enterprise in two forms, including:
- The seal is made at the stamping establishment;
- Seal in the form of digital signature in accordance with the law on electronic transactions.
This regulation officially recognized digital signature as the seal of the enterprise. This is a completely new content compared to the provisions of the Law on Enterprises 2014.
Digital signature has been explained by Decree 130/2018 / ND-CP. Accordingly, it can be understood simply, digital signature is a form of electronic signature that encrypts the data and information of an enterprise to sign instead of signature on documents and digital documents implemented in electronic transactions over the internet.
The inclusion of an electronic signature as the seal of the enterprise contributes to the enterprise having more options in using the seal instead of just using the current engraved seal.
Management, storage and use of seals #
Clause 3, Article 44 of the Law on Enterprises 2014 stipulates that the management, use and retention of the seal comply with the company's charter.
This provision has additional grounds for implementation by the Enterprise Law 2020. Accordingly, the management and keeping of the seal is also done according to the regulations issued by the enterprise, branch, representative office or other unit of the enterprise.
If the Law on Enterprises 2014 stipulates that the seal is to be managed and kept in accordance with the company's charter, in Clause 3 Article 43 of the Law on Enterprises 2020, a branch, representative office or other unit of the enterprise can self-issue. and enforce regulations on the use of its seal.
In addition, the new regulation also restricts the use of corporate stamps. The Law on Enterprises 2014 currently allows the seal to be used in cases prescribed by law or the transaction parties have an agreement on the use of the seal.
But from January 01, 01, the two parties to the transaction will not be able to agree on the use of the seal, but only use the seal in the transactions as prescribed by law.