When signing a contract, either the contract seal or the official seal can be used. Generally, the contract seal is used first.

If the parties conclude a contract in the form of a contract, the contract is established when both parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it.

Laws and administrative regulations or the parties agree that a contract should be concluded in writing. If the parties do not use writing but one party has performed its main obligations and the other party accepts it, the contract is established.

1. Whether to use the official seal or the contract seal when signing a contract

It is up to the parties to decide whether to use the official seal or the contract seal to sign a contract. When signing a contract, you can use the official seal, the contract seal, or both. The specific type of seal to be used shall be determined by the parties through negotiation or in accordance with transaction habits and industry practices.

2. Will a contract be legally effective if it is not signed but only sealed?

If the contract is valid and the parties conclude it in writing, it shall be established when both parties sign or seal it. This cannot be deduced, that is, as long as both parties fail to sign or seal the contract, the contract will not be established. This should be determined on a case-by-case basis.

If the contract requires signature and sealing as the conditions for the establishment of the contract, then the contract is not established because it does not meet the requirements for effectiveness. If the contract does not require signature and sealing as the conditions for the contract to become effective, the contract A contract that is not signed after being stamped with the official seal is also established.

It needs to be further explained that if a contract is concluded in the form of a contract, if one party has performed its main obligations and the other party has accepted it before signing or sealing, the contract will be established. In other words, even if No signing or sealing has been carried out, but if one party has fulfilled its main contractual obligations and the other party accepts it, then the contract will be established.

3. Where to place the contract seal?

The contract seal is usually placed in the following locations:

1. At the last signature of the contract The official seal of the unit;

2. Stamp the signature of the legal representative on the last page of the contract;

3. If there are multiple pages, a seam seal is also required.

Legal Basis

Article 490 of the Civil Code

Where the parties conclude a contract in the form of a contract, both parties shall sign, seal or The contract is formed when the fingerprint is pressed. Before signing, sealing or fingerprinting, one party has performed its main obligations and the contract is established when the other party accepts it.

Laws and administrative regulations or the parties agree that a contract should be concluded in writing. If the parties do not use writing but one party has performed its main obligations and the other party accepts it, the contract is established.