The seals appeared very early in the history of establishment and developing of our nation. The seal was identified as the special mode which served State management. Seals have associated with the creation and development of the society, in different stages of history, the shape, significance, size, logo, material of the seals are not the same.
Today, the seals are used in most state agencies, political organizations,social - political organizations, mass organization, economic organizations, armed force units, foreign agencies and organizations operating in Vietnam and a number of state titles.
The seals have their legal validity. Along with the development of science and technology, today seal are carved and managed by the specialized agencies of the Ministry of Public Security of VietNam. The seals are made of bronze but their handles are made of wood.
Although the seals are widely used, the researchers are not interested in the concept of seals
According to Article 1 of Decree No. 58/2001/NĐ-CP dated 24 August 2001 on management and use of seals, the seals represent legal status and affirm legal validity of the documents and papers of agencies, organizations and the State titles.
According to Encyclopedia of the People's Police published by the People’s Publis Security Publishing House, the seal can be made of wood, metal, rubber. Its shape is round or square with given dimension. Its lower face is carved with images or words.The seal is used to stamp on documents and considered as a legal basis in the relation between the agencies, businesses, military unitsand economic and social organizations. In Vietnam, seals are used in the State agencies, political organizations, socio- political organization, socio –professional organizations, mass-organization, economic organizations, armed force units, foreign agencies and organizations operating in Vietnam and by a number of State tittles.
For religious organizations, the seal plays very important role such as: Seal confirms and ensures validity of their documents; the seal will create favorable conditions for religious organizations in the relationship with state agencies, the organizations inside and outside their religions.
From the above point of view, we can understand how to use the seal in religious organization. The seals represent their legal status and validity of their document in their inside and outside relations:
At present Vietnam has about 40 religious organizations which are granted registration certificate for religious activities with 24 million religious believes. The number of believes make up 26% of national population. Besides, there are many other religious organizations are applying for permits of their activities.
These religious organizations need to have their seals in their transaction.
According to Clause 5, Article 5 of Decree No. 58/2001/ND- CP, dated 24th August, 2001 on the management and use of seals, the religious organizations which are permitted for operation by competent State agencies can use seals without the national emblem as other organizations. In Clause 2, Article 10 of Decree No. 31/2009/ND-CP, dated 1st April, 2009 on amending and supplementing a number of articles of the Government Decree No 58 /2001/ND- CP dated 24th August on management and use of seals defines that for seal engraving : religious organizations must have the decisions on their establishment or reorganization and Charters approved by the competent agencies.
Clause 2, Article 4 of Circular No. 07/2010/TT-BCA of the Ministry of Public Security dated 5th February, 2010 on stipulating in detail a number of articles of Decree No. 58/2001/NĐ-CP dated 24 August 2001 on management and use of seals and supplementing a number article of Decree No. 31/2009/NĐ-CP dated 1st April 2009, defines that: The organizations that want to have new seal must have decision on their establishment or reorganization or charter that allows using the seal whichis approved by the competent agencies.
In fact, we do not know how many religious organizations are applying to competent agencies for being carved and granted the seal. According to the statistics of Police Bureau for Administrative Management on Social Order - General Police General Department for Administrative Management on Social Order and Safety under Ministry of Public Security, Police Department for Administrative Managementon Social Orderin the provinces and cities under the Central Government, up to now Ministry of Public Security has granted seal engraving permits to 9673 religious organizations.
According to the reports of 49/63provinces and cities, the total number of seals which are carved and used is 10.666 seals. Among them there are 205 old seals of Catholic Church; 50 seals which were carved by religious organizations and 10.561 seals are granted by competent agencies. Because of many reasons, many religious organizations have not granted seal engraving permits. ( according to reports of 13/ 63 provinces there are 994 religious organizations have not granted seal engraving permits)
At present, all religious organizations that want to have seal engraving permit must send application to the Government Committee for Religious Affairs. Basing on their actual demand and activities, the Government Committee for Religious Affairs will confer with the Ministry of Public Security (C64) on granting seal engraving permit to them. Basing on the proposal of the Government Committee for Religious Affairs and seal design of religious organizations, the Ministry of Public Security will provide grant seal engraving permit to them.
Point b, Clause 1, Article 12 of Circular No. 07/2010/TT-BCA of Ministry of Public Security on implementation some articles of Decree No. 58/2001/NĐ-CP dated 24th August 2001 on management and use seal stipulates: Police Bureau of Administrative Management on Social Order has responsibility to grant seal engraving permits, seal specimens, seal specimen registration certificates to organizations including religious organizations. In fact few religious organizations implement above regulations
Besides seal engraving, the management and use of the seal is also a matter to be noticed. On this issue, Article 10 of Circular No. 07/2010/TT-BCA stipulates the responsibility of competent agencies and organizations that establish, recognize, license and allow the use of the seals must check the preservation and use of the seals of agencies and organizations under their control .
According to clause 4 of Decree No. 58/2001/NĐ-CP dated 24th August 2001 on management and use of seals stipulates that heads of agencies and organizations shall have to manage and use the seals of their respective agencies and organizations. Seals must be kept at the head offices of agencies and organizations and strictly managed. In cases where it is really necessary to settle working affairs fair away from their agencies or organizations, the heads of such agencies or organizations may carry along the seals and shall be responsible for the carrying of seals out of their agencies or organizations
For overcoming misuse of carving, management and using of seal,Decree No.73/2010/NĐ-CPdated 12th July, 2010 of Prime Minister on sanctions against administrative violations in the domain of security, order and social safety stipulates anyone who violates regulations on management and use of the seal will be fined from 200,000 to 10 million depending on the specific cases, at the same time the permit of using seal will be seized in the certain period of time. These regulations ensure that the management and use of the seals are not damaged in the process of use
In fact the management and use of the seals of religious organizations have many problems.
- To grant seal engraving permit to religious organizations is for quite sometimes. There is not any delimitation in management and use of the seals between local and central agencies in accordance with legal provision.
- The procedures and processes for seal engraving of religions are not the same. There are no united standards on form, size and content of the seals of religious organizations.
- 40 religious organizations are permitted for operation and nearly 40.000 religious groups need to have their seals. However, there are not regulations on scope and use value of the seals so it is difficult for religious organizations to apply for seal engraving permit and State management agencies meet many difficulties in management of the use of the seal of religious organizations.
- The combination of religious organizations and competent agencies in check and management of the seals has not been implemented regularly. The use of the seal in some religious organizations is not complied with law. Some religious organizations still use old seal or the seals without legal value or damaged seals.
- Some religious organizations do not pay attention to preservation, managements and use of the seals when they mislay their seals, seal specimen registration certificates or change their headquarters they do not inform to competent agencies .
-In some places, the management of the seal is administrative formality. The effect of the management of the seals is limited so violations of the management and use of the seals is not detected and handled timely
The first steps to find the reasons of above problems
Some religious organizations do not really pay attention to management and use of the seal in their organizations in accordance with the law so they can mislay seal, seal specimen registration certificates.
Some bad people who abuse weakness in management and use of the seals for individual purpose bring about bad effect to social order and security.
The combination between the police agencies with the State management agencies for religious activities is not regularly implemented so some violations of management and use of the seal are not discovered timely.
In some areas, the propagation, guidance of legal documents on management and use of the seal in religious organizations have not been regularly implemented so some religious organizations do not comply strictly with the rules of the Government on the management and use of the seal.
The cadres dealing with religious affairs often change so awareness of religions as well as the management and use of the seals is limited
Some regulations of law on management and use of the seal are insufficient. We need to amend these regulations.
From the above situation, we should study engraving, management and use of the seal in the religious organizations more comprehensively. Then we can propose appropriate solutions so the competent agencies can promulgate guidelines and policies that meet the need of religious organizations on engraving, management, use of the seal.
Nguyen Thi Dinh
