VI Can I be fined up to 3 million VND for using deformed, worn, or damaged seals from 15/12/2025? In what cases can businesses use seals? What are the current rights and obligations of businesses? Let’s find out more with Pham Consult!
Can I be fined up to 3 million VND for using deformed, worn, or damaged seals from 15/12/2025?
Pursuant to Point d, Clause 2, Article 16 of Decree 282/2025/ND-CP (officially effective from December 15, 2025), the following provisions apply:
Violation of regulations on seal management and use
- A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for one of the following acts:
- a) Arbitrarily taking a seal out of the headquarters of an agency or organization without permission from a state official or head of the agency or organization
- b) Failure to re-register the seal sample according to the provisions of law or making changes related to the seal sample specified in legal documents;
- c) Failure to comply with the seal inspection, failure to present the seal or the Seal Sample Registration Certificate when requested by the seal sample registration agency;
- d) Loss of seal and after 02 working days from the date of discovery of the loss of the seal, the agency, organization or state title fails to notify in writing the agency that previously issued the Certificate of Seal Sample Registration and the commune-level Police agency where the seal loss occurred;
- d) Using a deformed, worn or damaged seal.
- Remedial measures:
- a) Forced return of the seal and Certificate of Seal Sample Registration for violations specified in Points b and d, Clause 2; Points a, d, dd and g, Clause 3; Point c, Clause 4 of this Article;
Thus, based on the above provisions, from December 15, 2025, anyone who uses a deformed, worn or damaged seal, depending on each specific case, may be fined from VND 2,000,000 to VND 3,000,000.
In addition, violators must also return the seal and the Certificate of Seal Sample Registration for the above violations.
Note: The above fine is the fine applied to administrative violations by individuals. For organizations with the same violation, the fine is twice the fine for individuals (Clause 2, Article 5, Decree 282/2025/ND-CP).
In which cases can an enterprise use a seal?
Pursuant to Clause 3, Article 43 of the Law on Enterprises 2020, it clearly states:
Enterprise seal
- Seals include seals made at seal engraving establishments or seals in the form of digital signatures according to the provisions of law on electronic transactions.
- Enterprises decide on the type, quantity, form and content of seals of enterprises, branches, representative offices and other units of enterprises.
- The management and storage of seals shall comply with the provisions of the company charter or regulations issued by the enterprise, branch, representative office or other unit of the enterprise with the seal. Enterprises use seals in transactions in accordance with the provisions of law.
Thus, according to the above provisions, enterprises may use seals in transactions in accordance with the provisions of law.
What are the current rights and obligations of enterprises?
Based on Article 7 of the 2020 Enterprise Law and Article 8 of the 2020 Enterprise Law supplemented by Clause 2, Article 1 of the 2025 amended Enterprise Law, the current rights and obligations of enterprises include the following:
Rights of enterprises
(1) Freedom to conduct business in industries and professions not prohibited by law.
(2) Autonomy in business and choice of business organization form; proactively choose industries, professions, locations, and business forms; proactively adjust the scale and industries and professions of business.
(3) Choosing the form and method of capital mobilization, allocation and use.
(4) Freely searching for markets, customers and signing contracts.
(5) Export and import business.
(6) Recruiting, hiring and using labor according to the provisions of the law on labor.
(7) Proactively applying science and technology to improve business efficiency and competitiveness; having intellectual property rights protected according to the provisions of the law on intellectual property.
(8) Possessing, using and disposing of the enterprise’s assets.
(9) Refusing requests from agencies, organizations and individuals to provide resources not in accordance with the provisions of the law.
(10) Complaining and participating in litigation according to the provisions of the law.
(11) Other rights according to the provisions of the law.
Obligations of enterprises
(1) Satisfying the conditions for investment and business when doing business in conditional investment and business sectors; industries and professions that have conditional market access for foreign investors in accordance with the provisions of law and ensure that such conditions are maintained throughout the business operation process.
(2) Fully and promptly perform obligations regarding business registration, registration of changes to business registration contents, public disclosure of information on the establishment and operation of enterprises, reporting and other obligations in accordance with the provisions of the Enterprise Law 2020.
(3) Be responsible for the truthfulness and accuracy of the information declared in the business registration dossier and reports; in case of detecting inaccurate or incomplete information declared or reported, such information must be promptly amended and supplemented.
(4) Organize accounting work, pay taxes and perform other financial obligations according to the provisions of law.
(5) Ensure the legitimate and legal rights and interests of employees according to the provisions of law; do not discriminate against or insult the honor and dignity of employees in the enterprise; do not mistreat labor, force labor or illegally employ minor labor; support and create favorable conditions for employees to participate in training to improve their qualifications and professional skills; implement policies and regimes on social insurance, unemployment insurance, health insurance and other insurance for employees according to the provisions of law.
(6) Collect, update and store information on beneficial owners of enterprises; provide information to competent state agencies to identify beneficial owners of enterprises when requested.
(7) Other obligations as prescribed by law.
