Is there a legal basis for the official seal or contract seal of the safety production agreement?

The official seal and safety production agreement are administrative documents, which are formulated according to the administrative requirements of the safety production law and belong to the administrative category. The official seal of the unit belongs to the administrative seal, and it is in line with the norms to affix the official seal on the safety production agreement.

Legal analysis

The official seal is the most effective of all seals and a symbol of legal person's rights. Unless there are special provisions in the law (such as stamping invoices), the official seal can represent the will of legal persons and sign contracts and other legal documents with high legal effect. All letters, official documents, contracts, letters of introduction, certificates or other company materials issued in the name of the company can use the official seal. Special seal for contract, which is used by the unit when signing the contract, can represent the unit within the scope of signing and bear the rights and obligations arising therefrom; In practical work, the official seal can be used instead of the special seal for the contract. The official seal of the unit belongs to the administrative seal, and it is in line with the norms to affix the official seal on the safety production agreement. Because the safety production agreement is a promise, and the contract is a transaction of mutual interest exchange, the two subjects are different, the official seal represents the legal person, and the contract seal represents the company's main body. It is precisely because the safety production agreement is a promise made and the contract is a transaction of mutual interest exchange that the safety production agreement is stamped with the official seal.

legal ground

People's Republic of China (PRC) Civil Code

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

Article 491 The parties entered into a contract in the form of data messages. It is also required to sign a confirmation letter, and the contract is established when the confirmation letter is signed. If the information of a commodity or service released by one party through information networks such as the Internet meets the conditions of the offer, the contract is established when the other party successfully selects the commodity or service and submits the order, unless otherwise agreed by the parties.