Application dossiers and procedures for obtaining seal usage licenses for organizations

During operations, a seal plays an essential role in establishing legal entity status and ensuring the legality of organizations and enterprises. Particularly, a seal usage license is not only a legal basis affirming the lawful existence of the organization but also helps build credibility and trust with partners and clients.

With the changes and improvements in the legal system, the management and use of seals have become more specifically and transparently regulated, aiming to ensure the rights and legal responsibilities of all related parties. This article analyzes the role, legal provisions, and addresses frequently asked questions regarding the seal usage license.

I. Role of seal usage licenses 

- Establishing the legal entity status of a social organization

+ The seal is an important legal symbol, representing the legal entity status of the social organization.

+ The seal usage license enables the organization to assert its lawful existence, laying the foundation to participate in transactions, sign contracts, or perform tasks under legal regulations.

- Ensuring legality in the organization’s activities

+ The seal usage license allows the social organization to issue official documents and materials that take legal binding.

+ Documents with the licensed seal are valid in resolving disputes and protecting the rights of the organization and related parties.

- Enhancing transparency and credibility

+ The legal use of a seal builds trust with partners, members, and the community.

+ The seal license serves as evidence that the social organization operates in compliance with the law and is recognized by state agencies.

II. Legal provisions on seal usage licenses

1. What is a seal usage license?

A seal usage license (also called a Certificate of Seal Sample Registration) is a document issued by the seal sample registration authority, certifying that an agency, organization, or state title has registered the seal sample before use (Clause 12 Article 3 of Decree 99/2016/ND-CP).

2. What documents are required for the application dossier for the seal usage license?

According to Clause 4 Article 13 of Decree 99/2016/ND-CP, the dossier includes:

- Decision on establishment or operation license issued by the competent authority;

- Charter of the organization approved by the competent authority.

3. How long does it take to process and issue a seal usage license?

Within 03 working days from the date of receiving the application, the seal sample registration authority is responsible for returning the new seal sample registration result under Clause 7 Article 11 of Decree 99/2016/ND-CP.

III. Questions on seal usage licenses

1. If an enterprise changes its head office to another province/city, does it need to reapply for a new seal usage license?

According to the Law on Enterprise 2020, enterprises are not required to notify the seal sample before use. However, for enterprises using seals issued by the police before July 01, 2015 or seals engraved under the old format containing district information, it is necessary to change such seals due to changing the head office. 

As the Ministry of Public Security no longer has the authority to issue seals to enterprises; accordingly, enterprises must:

- Return the old seal and the Certificate of Seal Sample Registration to the police agency that previously issued it;

- Proceed to engrave a new seal under current regulations without involving the police agency.

2. Can an enterprise use its seal on all types of documents, or only certain ones?

Clause 3 Article 43 of the Law on Enterprise 2020 specifies that the enterprise seal is used in transactions under the law. This means the law allows enterprises to use the seal in transactions where the parties can agree on the use of seals.

Thus, enterprises must use their seals in transactions required by law. For transactions where parties can agree on using the seal, it is not mandatory for the enterprise to use the seal to execute contracts.

3. Can one seal be used for multiple companies?

According to the Law on Enterprise 2020, enterprises have the freedom to decide on the form, quantity, and content of their seals, provided they comply with current legal regulations. However, using one seal for multiple companies is not allowed, because the seal serves to establish the legal entity status and represent the legal will of the enterprise in documents, contracts, and transactions. Each enterprise has its own tax code, legal entity status, and independent legal rights and obligations. Therefore, sharing a seal would create confusion regarding legal responsibilities among the companies.

4. When must an enterprise present its seal usage license?

Under the Law on Enterprise 2020, the management and use of seals have been simplified, no longer requiring enterprises to register the seal sample before use. However, for enterprises using seals and seal usage licenses issued before July 01, 2015 (under old regulations), these seal usage licenses may still need to be presented in certain specific cases.

5. What should an enterprise do if it loses its seal usage license and needs a re-issuance?

According to Clause 10 Article 24 of Decree 99/2016/ND-CP, if the Certificate of Seal Sample Registration is lost, it must undergo the procedure for re-issuance.

Based on Article 17 of Decree 99/2016/ND-CP provides that: 

- Dossiers for requesting change or re-issuance of the Certificate of Seal Specimen Registration includes: A written request for change or re-issuance of the Certificate by the agency, organization, or state title using the seal, clearly stating the reason.

Thus, the dossiers consist of a written request for change or re-issuance of the Certificate of Seal Sample Registration, specifying the reason.

6. When an enterprise is dissolved or its business license is revoked, does the seal usage license remain valid?

- When an enterprise is dissolved, its legal entity status terminates. Therefore, all related legal rights and obligations, including seal use, also cease to exist.

- When an enterprise’s business license is revoked, the enterprise’s right to operate ends. Accordingly, the seal usage license also loses its validity, as the seal can no longer be legally used in transactions or legal documents.

Thus, upon dissolution or revocation of the business license, the seal usage license is no longer valid.

IV. Legal consulting services on seal usage license

At NP LAW, our team of professional lawyers will provide clients with the best quality legal consulting services related to procedures for seal usage licenses. If you have any issues that need further clarification, please contact us via: