Decree 56/2023/ND-CP amending regulations on security, management and use of company seals in Vietnam

On July 24, 2023, the Government issued Decree No. 56/2023/ND-CP dated July 24, 2023 amending and supplementing several articles of Decree No. 96/2016/ND-CP dated July 1 /2016; Decree No. 99/2016/ND-CP dated July 1, 2016 and Decree No. 137/2020/ND-CP dated November 27, 2020. So, what are the revised Decree No. 56/2023/ND-CP on conditional business lines? Viet An Law Firm will present in this article.

Basic information of Decree 56/2023/ND-CP amending regulations on security, management and use of company seals in Vietnam

• Symbol number: 56/2023/ND-CP.
• Date of issue: July 24, 202
• Effective start date: August 15,
• Document type: Decree.
• Issuing agency: Government.
• Signed by: Pham Minh Chinh.

Outstanding contents in Decree 56/2023/ND-CP amending regulations on security, management and use of company seals in Vietnam

Decree 56/2023/ND-CP amends and supplements several articles of 03 Decrees:

• Decree No. 96/2016/ND-CP dated July 1, 2016, of the Government, stipulating security and order conditions for several conditional business investment industries and professions.
• Decree No. 99/2016/ND-CP dated July 1, 2016, of the Government on the management and use of seals.
• Decree No. 137/2020/ND-CP dated November 27, 2020, of the Government regulating the management and use of pyrotechnics.

Amend regulations on issuance of Certificates of satisfaction of security and order conditions

Decree No. 56/2023/ND-CP has amended and supplemented several provisions to simplify administrative procedures for new issuance, renewal, and re-issuance of Certificates of satisfaction of security and order conditions by the Government’s direction in Resolution 76/NQ-CP promulgating the Master Program for State Administrative Reform for the period 2021 – 2030, in which:

• Supplementing regulations on the legal value of Certificates of satisfaction of security and order conditions in paper and electronic copies. Accordingly, the Certificate of satisfaction of security and order conditions is issued to business establishments in the form of paper documents or electronic documents and has the same legal value. Business establishments can request a Certificate of satisfaction of security and order conditions simultaneously in paper and electronic documents when the Public Service Portal and information system handle administrative procedures. of the Ministry of Public Security was completed and put into operation.
• Additional specific regulations on submitting applications through the National Public Service Portal and the Public Service Portal of the Ministry of Public Security.

Regarding authority, Decree No. 56/2023/ND-CP amends and supplements regulations on the authority to issue Certificates of satisfaction of security and order conditions and Security Professional Certificates (Article 24) accordingly. consistent with the decentralization plan approved in Decision 1015/QD-TTg of the Prime Minister. Notably, there has been a decentralization of authority to issue Certificates of eligibility for security, order, and management of business establishments to Commune Police for accommodation service establishments with less than 10 rooms and gas business establishments that are business households located in these areas.

Certificates of satisfaction of security and order conditions issued before August 15, 2023 (the effective date of Decree No. 56/2023/ND-CP) are still valid. In case of renewal or re-issuance after August 15, 2023, it shall comply with the provisions of this Decree.

Amending several regulations on seal management

According to Decree 56/2023/ND-CP, state agencies, organizations, and titles submit 01 set of dossiers requesting settlement of seal procedures according to the provisions of Articles 13, 14, 15, 16, and Article 17 of this Decree allowing the agency to register seal samples specified in Article 12 of this Decree in one of the following forms:

• Submit directly to the application receiving department of the seal sample registration agency;
• 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).

The officer receiving the application is responsible for checking the information, documents, and papers contained in the application. In case the dossier is valid, the officer receiving the dossier must write down a receipt for the dossier, clearly stating the date of receiving the dossier and the date of returning the results, and hand it directly to the person authorized by the agency, organization, or state title. sent to contact to apply; In case the dossier is incomplete, the officer receiving the dossier is responsible for immediately notifying and instructing the state agency, organization, or title to complete the dossier; In case the dossier does not meet the conditions prescribed in Article 5 of this Decree, the seal sample registration agency must send a written response to the agency, organization, or state title within the time limit about refusing to handle the dossier.

Agencies and organizations are divided, separated, merged, consolidated, dissolved, have their operations terminated, their tasks ended, or their establishment and operation licenses, operation registration certificates, and operating licenses revoked or temporarily suspended, or the lost seal is found after the seal usage value has been destroyed as prescribed in Points b, c, d, dd, Clause 1, Article 18 of this Decree must be returned seal and seal sample registration certificate to the issuing agency, accompanied by a document clearly stating the reason and the person assigned to contact for implementation.

Amending several articles on the pyrotechnic management

Simplify administrative procedures

• Organizations and businesses are not required to provide a letter of introduction with a copy of one of the documents such as a Citizen Identification Card, Identity Card, Passport, or Military Identification Card.
• Shortened from 05 working days to 03 working days from the date of receipt of the written request. The license to export and import explosive pyrotechnics and explosives is valid for 60 days.
• Shortened from 05 working days to 03 working days from the date of receipt of the written request. Pyrotechnic purchase permits are valid for 30 days.

Decentralization of authority

• Authority to issue permits to transport pyrotechnics, stipulates the decentralization of authority to issue permits to transport pyrotechnics to the Provincial Police (Police Department of Administrative Management of Social Security).
• The authority to allow the organization of explosive pyrotechnics displays at events ranges from the Prime Minister to the Minister of Culture, Sports, and Tourism to decide on other cases of organizing explosive pyrotechnics displays after receiving a document agreement with the Ministry of Public Security and the Ministry of National Defense.

Amending and supplementing regulations in Article 18 of Decree 137/2020/ND-CP on pyrotechnic business safety

• Additional regulations on subjects must be trained in safe techniques in producing and trading pyrotechnics for security guards, loading and unloading at pyrotechnics warehouses, pyrotechnics medicine and at pyrotechnics stores; pyrotechnics salesman; people who escort and control vehicles transporting pyrotechnics and pyrotechnics in accordance with the provisions of Article 14 of Decree 137/2020/ND-CP;
• Adding additional regulations for organizations and businesses that are allowed to research, produce, export, import, and supply explosive pyrotechnics and pyrotechnics and organizations and businesses that are allowed to organize training for several subjects such as Managers; workers directly producing pyrotechnics and pyrotechnics; person assigned to manage pyrotechnics and pyrotechnics warehouses; security guards, loaders and unloaders at pyrotechnics and pyrotechnics warehouses and pyrotechnics stores; pyrotechnics salesman; people who escort and control vehicles transporting pyrotechnics and pyrotechnics to meet the regular and continuous training needs of this force.

Above are some outstanding contents of Decree 56/2023/ND-CP amending several regulations on security and order conditions, management and use of seals, and use of pyrotechnics. Clients who need advice on civil law, corporate law, and related amended decrees, please contact Viet An Law Firm for the best support.