Thông tư 01/2015/TT-BCT

CIRCULAR

REGULATIONS ON PROCEDURES FOR REGISTERING STAMPS AND SEALS WITH RESPECT TO COMMERCIAL APPRAISAL SERVICE BUSINESSES

Pursuant to the Prime Minister’s Decree No. 95/2012/NĐ-CP dated November 12, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Prime Minister’s Decree No. 20/2006/NĐ-CP dated February 20, 2006 detailing the law on commercial appraisal service businesses;

Pursuant to the Prime Minister’s Decree No. 125/2014/NĐ-CP dated December 29, 2014 amending, supplementing provisions on commercial appraisal services set out in the Decree No. 120/2011/NĐ-CP dated December 16, 2011 and the Decree No. 20/2006/NĐ-CP dated February 20, 2006;

At the proposal of General Director of the Legal Department,

The Minister of Industry and Trade promulgates the Circular defining procedures for registering stamps and seals with respect to commercial appraisal service businesses

Article 1. Governing scope

This Circular regulates procedures for registering stamps and seals with respect to commercial appraisal service businesses

Article 2. Regulated entities

This Circular applies to commercial appraisal service businesses and relevant organizations and individuals.

Article 3. Agency for registration of stamps and seals

1. The agency for registration of stamps and seals for commercial appraisal service businesses is the Services of Industry and Trade.

2. Responsibilities of agency for registration of stamps and seals:

a) Carry out the registration of stamps and seals according to the provisions set out in Articles 4, 5, 6 and 7 hereof;

b) Fulfill storage of registration documentation for stamps and seals according to the law on archives;

c) Inspect, investigate and supervise commercial appraisal service business activities; carry out the investigation into appraisal service business activities when necessary to eliminate stamps or seals in a timely manner in the cases as defined in Article 12 of the Decree No. 20/2006/NĐ-CP

d) Make early report and cooperate with the Ministry of Industry and Trade in case difficulties are rising during the implementation.

Article 4. Documents and sequence for registration of stamps and seals

1. Documents for registration of stamps and seals include:

a) One (01) original of the application form for stamps and seals according to the form shown in the Appendix enclosed herewith;

b) One (01) copy of Enterprise registration certificate or Investment certificate in the following cases:

- An authenticated copy must be included in case documentation is submitted directly or by post;

- A copy should be enclosed with the original for comparison in case documentation is submitted directly;

c) Samples or designs of stamps and seals registered by businesses

2. In case online submission of documentation is applied, a scan of the papers as requested in Clause 1 of this Article must be sent.

3. Sequence of settling documents for registration of stamps and seals:

a) Within three working days since receipt of the documentation, the registration agency shall be responsible for making written notice to businesses asking for supplements and completion of the documentation;

b) Within seven working days since receipt of eligible documentation as stipulated in Clause 1 of this Article, the registration agency shall be responsible for entering stamps and seals used by appraisal service businesses into the register and make written notifications to businesses.

Article 5. Documents and sequence for registration for changes and supplements to stamps and seals

1. In case commercial appraisal service businesses need to make changes and supplements to stamps and seals, they must register with the registration agency where they register business.

2. Sequence of settlement and registration documents for changes and supplements to stamps and seals shall be done according to the provisions set out in Article 4 hereof;

3. Any business that moves head office to the central-affiliated provinces and cities shall be responsible for making written notice to the registration agency about the registration of stamps and seals at the departure office within 30 days since the date of arrival and exempt from registration of stamps and seals.

Article 6. Elimination of registration of stamps and seals

Elimination of registration of stamps and seals is done according to the provisions set out in Article 12 of the Decree No. 20/2006/NĐ-CP.

Article 7. Implementation

1. Responsibilities of the Ministry of Industry and Trade:

Department of science and technology shall preside over and cooperate with Department of electronic commerce and information technology in announcing on the portal of the Ministry of Industry and Trade (www.moit.gov.vn) the list of businesses that have already registered stamps and seals for commercial appraisal services, including the following information: name of business; address of head office; scope of activities and other relevant information (if any).

2. Responsibilities of the Ministry of Industry and Trade:

a) The Services of Industry and Trade shall execute the registration of stamps and seals for businesses in reliance on the provisions of law and state management tasks set out hereof;

b) The Service of Industry and Trade shall be responsible for reporting to the Ministry of Industry and Trade (Department of science and technology) the list of businesses that have already registered stamps and seals; address of head office; scope of commercial appraisal activities by each business (if any) within 30 days since this Circular takes effect;

c) The Service of Industry and Trade shall be responsible for updating the Ministry of Industry and Trade (Department of science and technology) the information as defined in Point b, Clause 2 of this Article within 30 days since the business makes new registration, changes, supplements to stamps and seals or has its stamps or seals eliminated.

Article 8. Effect

1. This Circular takes effect since February 27, 2015.

2. This Circular shall replace the Circular No. 06/2006/TT-BTM dated April 11, 2006 of the Ministry of Commerce providing guidance on procedures for registration of stamps and seals with respect to commercial appraisal service businesses./.