Tiếng ViệtIn fact, there are many customers who write emails and phone calls about MGC with the content: Currently, in the Vietnamese legal system, there are regulations on drafting, sealing or clerical work for businesses and organizations outside of Vietnam. state or not?
In fact, at present, the work of clerical, drafting and stamping is being “based” on Decree 30/2020/ND-CP. Why is it said “to follow” because this Decree only applies to state agencies, organizations and state-owned enterprises. Other organizations may base themselves on the provisions of this Decree and relevant regulations of the Party and laws to apply accordingly.
Therefore, there is not any pattern or legal regulation on the form of documents and seals for non-state enterprises. These businesses can completely build their own business rules.
However, during the construction process, non-state enterprises and organizations can completely rely on the contents of Decree 30/2020 ND-CP as the basis and foundation for issuing internal regulations of the Government. organize yourself.
Some valuable content that private businesses can use are as follows:
I. ABOUT TEXT FORM
1. Text format is a collection of text components, including the main components applicable to all types of documents and additional components in specific cases or for some certain type of text.
2. Form of administrative documents including main components
a) National title and motto.
b) Name of the agency or organization issuing the document.
c) Number, symbol of the document.
d) Place and time of promulgation of the document.
d) Type name and excerpt of text content.
e) Text content.
g) Title, full name and signature of the competent person.
h) Seal, digital signature of the agency or organization.
i) Place of receipt.
3. In addition to the components specified above, the document may add other components such as:
a) Appendix.
b) Indication of confidentiality, urgency, instructions on the scope of circulation.
c) The author’s signature and the number of copies issued.
d) Address of the agency or organization; email; electronic information; phone number; fax number.
II. DOCUMENTS MANAGEMENT
Section 1. MANAGEMENT OF DIFFERENT DOCUMENTS
1.1. Document management order
- Issue number and time of document issuance.
- Sign up for text.
- Duplicate, seal the agency, organization, sign of confidentiality, level of urgency, (for paper documents); digital signature of the agency or organization (for electronic documents).
- Publish and track outgoing documents.
- Save the text.
1.2. Issue number, time of document issuance
Number and time of promulgation of documents are taken according to the order and chronological order of promulgation of documents by agencies and organizations in the year (consecutively starting from No. 01 on January 1 and ending on January 31). 12 annually). Numbers and symbols of documents of agencies and organizations are unique in a year, consistent between paper documents and electronic documents.
a) The numbering of legal documents: Each type of legal document is assigned its own numbering system.
b) The granting of specialized documents number shall be prescribed by the head of the agency managing the branch or field.
c) The number of administrative documents shall be assigned by the head of the agency or organization.
For paper documents, the issuance of numbers and issuance time is done after having the signature of the competent person, no later than the next working day. Secret documents are assigned their own numbering system.
For electronic documents, the numbering and issuance time are done by the function of the System.
1.3. Sign up for text
The document registration ensures the completeness and accuracy of the necessary information of the outgoing document.
Text registration. Documents are registered by book or by the System.
1.4. Save the text
- Save paper documents
- The original document is kept at the agency’s secretariat and must be stamped immediately after issuance, arranged in the order of registration.
- The original document is kept in the work file.
- Save electronic documents
The original electronic document must be stored on the system of the agency or organization issuing the document.
Section 2. MANAGEMENT OF ARRIVAL DOCUMENTS
2.1. Incoming document management sequence
- Receive incoming text.
- Sign up for incoming text.
- Submit, deliver text to.
- Resolve and track, urge the settlement of incoming documents.
2.2. Receive incoming text
For paper documents
a) The letter of the agency checking the quantity, condition of the envelope, the seal (if any), the sending place; compare numbers and symbols written on the outside of the envelope with the numbers and symbols of the text in the envelope. In case of detecting errors or abnormal signs, the agency’s official letter shall immediately notify the person responsible for settlement and notify the place of sending the document.
b) All incoming paper documents (including documents with signs of confidentiality) sent to agencies and organizations registered in the agency’s office must be unwrapped and stamped “TO”. For documents sent by name to individuals or organizations within the agency or organization, the agency’s letter shall be transferred to the recipient (without unpacking). Envelopes of documents sent by name to individuals, if they are documents related to the common work of agencies or organizations, the individuals receiving the documents are responsible for returning them to the agency’s secretariat for registration.
2. For electronic documents
a) The agency document must check the authenticity and integrity of the electronic document and receive it on the System.
b) In case an electronic document does not meet the requirements at Point a of this Clause or is sent to the wrong place, the receiving agency or organization must return it to the sending agency or organization on the System. In case of detecting errors or abnormal signs, the agency’s office shall immediately notify the person responsible for settlement and notify the place of sending the document.
c) The agency or organization receiving the document is responsible for notifying within the same day to the sending agency or organization of the receipt of the document using the function of the System.
2.3. Sign up text to
– The registration of incoming documents must ensure completeness, clarity and accuracy of necessary information according to the form of the Register of incoming documents or according to the input information of incoming document management data. Incoming documents that are not registered in the agency’s office, the unit or individual is not responsible for handling, except for incoming documents which are separately registered according to the provisions of law.
– The arrival number of documents is taken consecutively in the order and chronological order of receiving documents in the year, consistent between paper documents and electronic documents.
– Text registration. Documents are registered by book or by the System.
III. MANAGEMENT AND USE OF SECRET KEYS AND SECRET KEY DEVICES IN CRITICAL WORK
1. Manage seals, secret key storage devices
2. The head of the agency or organization is responsible for assigning the agency’s office to manage and use the seal and device to store the secret key of the agency or organization in accordance with regulations.
3. Responsible agency letter:
a) Safely preserve and use seals and devices for storing secret keys of agencies or organizations at their headquarters.
b) Only hand over seals, devices to store secret keys of agencies or organizations to other people with written permission of competent persons. The handover of seals and devices to store secret keys of agencies and organizations must be recorded in writing.
c) Must directly stamp and digitally sign the document issued by the agency or organization and a copy of the document.
d) Only seal and digitally sign the agency or organization on the document signed by the competent person and the copy of the document directly executed by the agency or organization.
The individual is responsible for the safekeeping of the device storing the secret key and the secret key.
2. Using seal, secret key storage device
– Use the seal
a) The stamp must be clear, neat, correct and use the correct red ink ink as prescribed.
b) When stamping a signature, the stamp must cover about 1/3 of the signature to the left.
c) Documents issued together with the main document or appendix: The seal is affixed on the first page, partially covering the name of the agency or organization or the title of the appendix.
d) The hanging stamp, cross-border seal, embossed stamp on paper documents shall be prescribed by the head of the agency or organization.
d) The border stamp is stamped in the middle of the right edge of the document or document appendix, covering part of the sheets of paper; each stamp has a maximum of 5 documents.
– Using a secret key storage device
Devices for storing secret keys of agencies or organizations are used to digitally sign electronic documents issued by agencies or organizations and copy from paper documents to electronic documents.
Thus, in using seals for all kinds of documents, there are common types of seals: border seals, hang marks, stamps stamped on signatures.
– A cross-border seal is a seal affixed to the left or right margin of a document consisting of two or more sheets so that all sheets have information about the seal to ensure the authenticity of each document sheet and prevent content changes. erroneous document.
– Hanging mark is a term often used to refer to the fact that the seal is affixed on the first page, covering part of the name of the agency or organization or the name of the appendix attached to the document or contract (the original).
– Signature stamp: A type of stamp that is stamped on a fresh signature at the end of each document. When stamping a signature, the stamp must cover about 1/3 of the signature to the left.
