So, you've registered your company in Vietnam - and now you're holding a stamp? When doing business in Vietnam, understanding how to properly stamp official documents is crucial. The stamp (or “con dấu”) serves as a legal symbol of authority for your business and is often required for contracts, invoices, and other important paperwork. Here's a quick guide to help you navigate the stamping process and ensure your documents meet Vietnamese legal standards.
1. Types of Company Stamps in Vietnam
In Vietnam, companies typically use two main types of stamps:
- Company Seal (Con dấu công ty): This stamp represents the company itself. It is used for official business transactions, such as contracts, agreements, and financial documents.
- Legal Representative Seal (Con dấu đại diện pháp luật): This stamp is used by the legal representative (usually the owner or CEO) and is required for certain documents where the personal authority of the representative is involved.
Each type of stamp must be registered with the local authorities and is linked to the company’s legal status.
2. Company Stamp Registration Process
The first step is registering your company’s stamps with the Department of Planning and Investment (DPI) when you establish your business in Vietnam. After registration, you will receive a seal card, which shows the official registration of your company’s seal. You’ll also need to keep this card safe because it's needed if you ever request a new stamp or modify your current one.
3. When to Use Stamps
You’ll need to use the company stamp on:
- Contracts and Agreements: Whether you’re signing a lease, an employment contract, or a client agreement, stamping these documents adds a layer of legality and authenticity.
- Invoices and Receipts: Your company seal must be stamped on all invoices issued to clients for VAT purposes.
- Tax Documents: Stamps are required on tax registration documents, tax reports, and other filings submitted to the authorities.
- Official Communication: When sending formal letters or notices to government bodies, other companies, or clients, don’t forget to stamp them.
4. Stamping Etiquette
- Place the Stamp Correctly: In Vietnam, the stamp must be placed overlapping one-third of your signature on the left side. The stamp should just slightly overlap the signature to ensure the authenticity and legal validity of the document. This is a key point: the stamp should not be placed too far from the signature, and it must be clear and visible, ensuring that no essential text or other signatures are obscured.
- Multiple Pages: If your document consists of more than one page, you must use the overlapping stamping method. This means you need to lay a stamp that goes across all pages of the document. Fan out the pages - the stamp should extend across the margin, on the right side of the pages. You may need to apply multiple stamps to ensure the overlap reaches every page. The goal is to ensure that every page of the document is clearly stamped and that the entire document remains legally binding.
- Avoid Overuse: Don’t over-stamp documents or use the stamp without careful consideration. Inappropriate stamping can lead to legal issues or document invalidation.
- Proper Maintenance: Make sure your stamp is in good condition. If it becomes worn or damaged, you may need to request a replacement from the authorities.
5. Handling the Stamp Safely
As the stamp holds legal value, it’s critical to control access to it:
- Secure Storage: Keep the stamp in a secure place, such as a locked drawer or safe, to prevent unauthorized use.
- Authorized Use: Only allow trusted individuals, typically the legal representative or senior management, to use the stamp.
- Keep it in Vietnam: While there might be specific situation where it would help to bring it overseas, it is strongly recommended to keep the seal in Vietnam.
6. What Happens If You Make a Mistake?
If you make an error while stamping a document, it is advisable to correct the mistake immediately. Depending on the situation, you may need to reissue a new document with the correct stamp. It’s important to always keep records of the documents you’ve stamped for legal purposes.
Conclusion
Stamping in Vietnam is more than just a formality — it’s an essential part of legal and business procedures. Understanding when and how to apply stamps will save you time, prevent legal headaches, and ensure that your documents are recognized as authentic by Vietnamese authorities. Always stay diligent, keep your stamps secure, and make sure you're using them appropriately to keep your business operations running smoothly.
Feel free to reach out if you need assistance with business registration or navigating the legal requirements in Vietnam!
How to Stamp Official Documents in Vietnam