Tiếng Việt
Table of Contents
1. What is the crime of fabricating an organization’s seal or documents and use thereof?
2. Legal provisions on the crime of fabricating an organization’s seal or documents and use thereof
2.1 Administrative sanctions
2.2 Criminal sanctions
1. What is the crime of fabricating an organization’s seal or documents and use thereof?
The crime of fabricating an organization’s seal or documents and use thereof, the crime of using fake seals or documents of agencies and organizations is a combined crime regulated in the same article (Article 341 of the 2015 Penal Code), the above acts all violate the same object protected by the Penal Code, which is the administrative management order of the state, of organizations in the field of administrative management of the state, of organizations in the field of management of seals and documents.
2. Legal provisions on the crime of using fake seals or documents of agencies and organizations
2.1 Administrative sanctions
Acts of violating the regulations on the management and use of seals will be subject to administrative sanctions according to Article 13 of Decree 144/2021/ND-CP regulating sanctions for administrative violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention of domestic violence as follows:
“Article 13. Violations against regulations on management and use of seals
1. A fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the following violations:
a) Failure to apply for reissuance of the certificate of seal registration after its loss;
b) Failure to apply for reissuance of the certificate of seal registration after it is lost;
c) Failure to notify the relevant organization of the seal design before use;
d) Failure to issue internal regulations on management and use of the organization’s own seal.
2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for one of the following acts:
a) Removing the seal from the organization without permission of a state official or the head of the organization;
b) Failure to re-register the seal design as prescribed by law;
c) Failure to submit to seal inspection; failure to present the seal, the certificate of seal registration upon request for inspection of the seal registration authority;
d) Failure to send a written notice to the authority that issued the certificate of seal registration and the police authority of the commune where the seal is lost within 02 working days from the day on which the loss of the seal is discovered;
3. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:
a) Failure to turn the seal in under the decision of a competent authority or the seal registration authority;
b) Appending the seal to a document that does not have the signature of the competent person or has the seal of an unauthorized person;
c) Borrowing, lending, giving lease, taking lease, pledging, buying, selling the seal, illegally destroying the seal; using the seal of another organization for operation;
d) Using an expired seal;
dd) Intentionally distorting or modifying the content of a registered seal;
e) Forging the certificate of seal registration;
g) Using an seal without registration;
h) Failure to return the seal and the certificate of seal registration upon issuance of the a competent authority’s decision on division, merger or consolidation, or revocation of the certificate of business registration or operation license, or business suspension or termination; or upon receipt of a competent authority’s request for of the seal as prescribed by law;
i) Erasing, falsifying the certificate of seal registration.
4. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:
a) Forging documents to make an additional seal of an organization or state official;
b) Forging a seal or using a fake seal;
c) Appropriating, illegaling trading seals;
d) Illegally destroying seals.
5. Additional penalties:
a) Confiscation of the exhibits and means of administrative violations in case of violations specified in Points c, e and g Clause 3 and Points a and b Clause 4 of this Article;
b) Expulsion of foreigners committing the violations specified in Clauses 3 and 4 of this Article.
6. Remedial measures:
a) Mandatory return of the seal, the certificate of seal registration in case of violations specified in Point b Clause 2; Points a, d and dd Clause 3 and Point c Clause 4 of this Article;
b) Mandatory destruction of documents that are illegally sealed in case of violations specified in Point b Clause 3 of this Article;
c) Mandatory return of the illegal profits earned from commission of the administrative violations specified in Point c Clause 3 and Point c Clause 4 of this Article;
d) Mandatory return of the certificate of seal registration in case of violations specified in Point I Clause 3 of this Article.”
2.2 Criminal penalties
According to Article 341 of the 2015 Penal Code, amended and supplemented in 2017, the crime of using fake seals or documents of agencies and organizations is regulated as follows:
“Article 341. Fabricating an organization’s seal or documents and use thereof
1. Any person fabricates an organization’s seal or document or use it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years’ community sentence or 03 – 36 months’ imprisonment:
2. This offence committed in any of the following cases shall carry a penalty of 02 – 05 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The offence involves 02 – 05 fabricated seals or documents;
d) The fabricated seal or document is used to commit a criminal offence;
dd) The illegal profit earned is from VND 10,000,000 to under VND 50,000,000;
e) Dangerous recidivism.
3. This offence committed in any of the following cases shall carry a penalty of 03 – 07 years’ imprisonment:
a) The offence involves ≥ 6 fabricated seals or documents;
b) The fabricated seal or document is used to commit a very serious crime or extremely serious crime;
c) The illegal profit earned is ≥ VND 50,000,000
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.”
Thus, according to legal regulations, anyone who fabricating an organization’s seal or documents and use thereof, depending on the nature and severity of the crime, will be subject to administrative sanctions or criminal prosecution. The maximum criminal prosecution is 07 years, in addition, they can also be fined up to 50,000,000 VND.