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한국어The Enterprise Law 2020 stipulates that sealsare made at establishments that engrave seals or seals in the form of digital signatures in accordance with the law on e-transactions. The enterprise decides on the type of seal, quantity, form and content of the seal of the enterprise, branches, representative offices and other units of the enterprise. Accordingly, businesses are now proactive in the issue of engraving signature seals to replace signing directly on documents to save time. So, whether the signature seal is legally valid or not, Bi Law will clarify this issue for you.
I. SIGNATURE SEAL CONCEPT
Signature seal can be understood as a type of enterprise seal, the signature seal is used to simulate the real signature of the signer, for the purpose of replacing the direct signature of the signer and has a time-saving effect, which can be used in cases where the signer is not present to sign the document directly.
II. LEGAL VALIDITY OF SIGNATURE SEAL
1. For accounting documents
Pursuant to Clause 1, Article 19 of the Law on Accounting 2015 stipulates: Accounting documents must have sufficient signatures according to the titles specified on the documents. The signature on the accounting document must be signed with non-fading ink. Accounting documents must not be signed in red ink or stamped with a pre-engraved signature. The signature on a person’s accounting documents must be uniform. Signatures on accounting documents of visually impaired people shall comply with the Government’s regulations.
Thus, the signature seal has no legal validity for accounting documents.
2. For administrative documents sent to competent agencies:
Pursuant to Clause 8 Article 3 of Decree 30/2020/ND-CP on clerical work stipulates: ” Original document” means a complete copy of the content and format of the document, directly signed by a competent person on a paper document or digitally signed on an electronic document.
Thus, state administrative agencies only recognize documents with direct signatures or digital signatures registered on electronic documents, documents with seal signatures are not considered original documents.
From this, it can be concluded that the signature seal can be used in documents circulated internally by the enterprise, but when the owner of the signature seal wants to let others manage the use of his seal, a written authorization is required. Documents sent to state agencies, accounting documents must not use signature seals according to the above analysis.
The above is our legal opinion on the legal validity of the signature seal. Feel free to contact us if you have any questions. BI LAW is committed to being your trusted legal advisor.
