Conditions for seal production in 2024

Conditions for seal production are a key factor for businesses to operate legally in this field. Meeting regulations on security, order, and production techniques not only ensures legality but also enhances the reputation of the business in the market. These requirements create the foundation for sustainable development and open up vast business opportunities in the seal manufacturing industry. Let’s learn in detail the necessary conditions to establish and operate a seal manufacturing business according to the latest regulations in this article by Long Phan.

Responsibilities of seal manufacturing enterprises

Seal manufacturing businesses in Vietnam must carry out many important responsibilities. These responsibilities are specifically stipulated in Article 26 of Decree 96/2016/ND-CP in addition to the responsibilities specified in Article 25 of this Decree. Compliance with these regulations ensures transparency and safety in the seal production process. Specifically, businesses need to have the following responsibilities:

• Publicly post the process of receiving seal production documents and the price of stamp engraving at the business establishment.
• Producing seals from sustainable, highly stable materials.
• Strictly preserve and transfer the seal to the competent Police agency for registration according to regulations. Do not directly deliver the seal to customers, except for seals of businesses that are not under the management of the Public Security agency according to the provisions of the law on the management and use of seals.
• Do not provide designs of seal samples of agencies and organizations to unauthorized persons.
• Immediately notify the police to verify and clarify the person suspected of making a seal in violation of regulations.

Conditions for seal production

Seal production activities in Vietnam are regulated as a conditional business line according to Appendix IV List of conditional business investment lines and lines of the Law on Investment 2020. Therefore, when an enterprise wants to participate in this field must meet strict conditions specifically stipulated in Clause 1, Article 3, Article 7, and Clause 1, Article 13 of Decree No. 96/2016/ND-CP. Specifically, businesses need to meet the following conditions:

General conditions

1. Enterprises must be registered, licensed or established in accordance with Vietnamese law.
2. The person responsible for security and order of the business establishment must not fall into 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: a residence permit has not yet been granted by a competent Vietnamese agency.

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

Specific conditions

In addition to the general conditions, seal production service businesses need to meet the following specific conditions:

• Only business establishments 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 Police insignia;
• Only business establishments belonging to the Ministry of National Defense may produce seals with the Military Insignia, except for business establishments that were operating before the effective date of this Decree.

Fully meeting the above conditions is not only a requirement but also the basis for businesses to operate effectively and reputablely in the field of seal production. Businesses need to regularly update and comply with new regulations to ensure business operations are always by current laws.

Procedure for applying for a certificate of satisfaction of security and order conditions

Profile components

Necessary documents are specified in Article 19 of Decree 96/2016/ND-CP (amended and supplemented by Decree 56/2023/ND-CP). Accordingly, the dossier includes the following documents:

1. Document requesting the issuance of Certificate of eligibility for security and order of the enterprise (Form No. 03 Appendix attached to Decree 56/2023/ND-CP);
2. Valid copy of one of the following documents: Business registration certificate; Business registration certificate; Investment registration certificate; Operation registration certificate of branches and units under the enterprise; Business household registration certificate.
3. Authorization document for the person to submit the application and receive results if not the legal representative;
4. If the enterprise or business household does not have a warehouse to store raw materials or products, it must submit a warehouse rental contract;
5. In addition, the person responsible for security and order of the enterprise or business household must submit the following documents:

Firstly, for Vietnamese people in the country (specifically, people responsible for security and order of enterprises and business households named in the Certificate of eligibility for security and order):

• Background statement (Form No. 02 in the Appendix issued with Decree 56/2023/ND-CP). In case this person is on the payroll of the armed forces, there must be confirmation from the agency with direct management authority (except for business establishments).
• Criminal record card (except for those on the payroll of the armed forces);

Second, for Vietnamese residing abroad holding foreign passports and foreigners:

• Personnel declaration (Form No. 02b in the Appendix issued with Decree 96/2016/ND-CP);
• A valid copy of Passport, Permanent Residence Card or Temporary Residence Card or Visa with a valid stay in Vietnam.

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

Implementation procedures

The process of applying for a seal production license is detailed in Article 23 of Decree 96/2016 (amended and supplemented by Decree 56/2023/ND-CP). This process ensures transparency and efficiency in licensing operations.

Step 1: Enterprises and business households submit 01 set of documents to the Police Department for administrative management of social order of the Police of provinces and centrally run cities. Applications are submitted by:

• Submit directly;
• Submit via public postal service;
• Submit via the National Public Service Portal or the Public Service Portal of the Ministry of Public Security (except for documents and papers that are not allowed to be posted via the network according to the provisions of law).

Note: Process of implementing procedures in the electronic environment according to the provisions of Decree 45/2020/ND-CP.

Step 2: After receiving all valid documents, the Police agency has 05 working days to review and issue a Certificate of satisfaction of security and order conditions. In case the Certificate is not issued, the Police agency must respond in writing to the enterprise or business household and clearly state the reason within 04 working days from the date of receipt of the application.

Consulting and in-depth support on seal production operating conditions

To ensure compliance with legal regulations and optimize the process of establishing a seal manufacturing business, Long Phan provides in-depth consulting services for businesses to ensure compliance with regulations and optimize the establishment process. Services at Long Phan include:

• Consulting on conditions for seal production
• Consulting on registration to establish a seal manufacturing enterprise
• Support in preparing documents to apply for a Certificate of satisfaction of security and order conditions
• Consulting and guidance on procedures for applying for a Certificate of satisfaction of security and order conditions
• Consulting on building a seal production process that meets regulation
• Instructions for establishing a management system and information security in seal production
• Consulting on compliance with regulations on seal samples.

Mastering the conditions for stamp production is the key for your business to operate successfully in this field. With in-depth support, you will easily pass legal procedures and fully meet technical requirements. Please contact Long Phan via hotline 0906735386 to receive detailed advice and optimal solutions for your business. We believe that with careful preparation, you will quickly establish a reputable and quality stamp production facility.