Authorization is a concept that is not strange to many people, but not everyone understands the content of authorization and current legal provisions on authorization. So about the matter “Forms of authorization under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
- Civil Procedure Code 2015
What is authorization?
Authorization is an agreement between the parties whereby the authorized party will be obliged to perform work on behalf of the authorizing party.
Authorization is one of two forms of representation as prescribed by law as recorded in Article 135 of the Civil Code 2015. Accordingly, the right of representation is established by authorization between the represented person and the representative ( referred to as authorized representative) or under a decision of a competent state agency, according to the charter of a legal entity or as prescribed by law (collectively referred to as legal representative).
Forms of authorization under Vietnam law
The current form of authorization is indirectly reflected in Clause 1, Article 140 of the Civil Code 2015 on the term of representation, specifically: The term of representation is determined according to the authorization document, according to the decision of the competent authority. authority, according to the charter of the legal person or as prescribed by law.
According to the above provisions, the law still recognizes the form of written authorization but does not stipulate that the authorization cannot be expressed in other forms.
How long is the authorization period?
Currently, the Civil Code 2015 only provides for authorization through contracts.
According to Article 563 of the 2015 Civil Code, the authorization period shall be agreed upon by the parties or prescribed by law; If there is no agreement and there is no law, the authorization contract is valid for 1 year from the date of establishment of the authorization.
Thus, according to the above provisions, the term of the authorization contract is determined in three cases:
– The authorization period shall be agreed upon by the parties;
– The authorization period is prescribed by law;
– If there is no agreement and there is no law, the authorization contract is valid for 1 year from the date of establishment of the authorization.
Unilaterally terminate the performance of the authorization contract
According to Article 569 of the 2015 Civil Code, the provisions on unilateral termination of the authorization contract are as follows:
– In case of authorization with remuneration, the principal has the right to unilaterally terminate the performance of the contract at any time, but must pay remuneration to the authorized party in proportion to the work performed by the authorized party and compensation for damage, if the authorization does not provide remuneration, the principal may terminate the performance of the contract at any time but must notify the authorized party in advance a reasonable time.
The principal must notify the third party in writing of the termination of the performance of the contract by the authorizing party. If not, the contract with the third party is still valid, unless the third party knows or ought to know that the authorization contract has been terminated.
– In case of authorization without remuneration, the authorized party has the right to unilaterally terminate the performance of the contract at any time, but must notify the principal of a reasonable time in advance; if the authorization has remuneration, the authorized party has the right to unilaterally terminate the performance of the contract at any time and must compensate the principal for damage, if any.
Some notes on authorization contracts
– When agreeing on the term of the authorization contract, the parties should note the agreement on a specific day, month, year or a number of days, months or years from the effective date of the authorization contract.
– The parties can agree that the authorization contract will automatically be terminated in the following cases:
+ The authorized work has been completed;
+ The person being represented, the representative being an individual dies. The represented person, the representative being a legal entity ceases to exist;
+ The representative no longer meets the conditions suitable for civil transactions established and performed;
+ Other grounds make the representation impossible.
Some notes on authorization contracts
– When agreeing on the term of the authorization contract, the parties should note the agreement on a specific day, month, year or a number of days, months or years from the effective date of the authorization contract.
– The parties can agree that the authorization contract will automatically be terminated in the following cases:
+ The authorized work has been completed;
+ The person being represented, the representative being an individual dies; the represented person, the representative being a legal entity ceases to exist;
+ The representative no longer meets the conditions suitable for civil transactions established and performed;
+ Other grounds make the representation impossible.
Some cases are not authorized
According to the law, the following cases are not authorized:
Marriage registration (Clause 1, Article 18 of the Law on Civil Status 2014)
Divorce. With regard to divorce, the involved parties may not authorize another person to participate in the proceedings on their behalf, in case the father, mother or other relative requests the Court to settle the divorce as prescribed in Clause 2, Article 51 of this Law. Under the Law on Marriage and Family, they are the representatives. (Clause 4, Article 85 of the Civil Procedure Code 2015).
Notarize your will (Article 56 of the Law on Notarization 2014).
Deposit savings at credit institutions. (Point a, Clause 1, Article 8 of the Regulation on savings promulgated together with Decision 1160/2004/QD-NHNN)
Rights and interests opposite to the principal in the same case. The authorized person is also a litigant in the same case as the principal, where the lawful rights and interests of the authorized person are in conflict with the rights and interests of the principal. (Point a, Clause 1, Article 87 of the 2015 Civil Procedure Code).
Being authorized by another party in the same case with rights and interests opposite to the person who will authorize. If the authorized person is acting as the legal representative in civil proceedings for another involved party but the lawful rights and interests of such involved party are in conflict with the lawful rights and interests of the represented person in the same case. job. (Point b, Clause 1, Article 87 of the Civil Procedure Code 2015) etc
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Frequently asked questions
An authorization contract is a bilateral contract:
The authorizing party has the right to request the authorized party to properly perform the scope of authorization and is obliged to provide information and documents related to the performance of the work of the authorizing party.
The authorized party must properly perform the authorized rights and obligations in relation to the third party.
An authorization contract is a contract with or without compensation:
If the party performing the authorization receives remuneration, the authorization contract is a compensatory contract.
– The authority of the representative is limited by the content stated in the authorization contract or power of attorney.
– Representative authority depends on the type of authorization: one-time authorization, separate authorization or general authorization. One-time authorization allows the representative to perform only once. And then the authorization ends.
(Clause 2, Article 144 of the 2015 Civil Code)
Power of attorney: A unilateral legal act of the authorizing party;
Authorization contract: A contract, there is an agreement of the will between the parties.
Thus, the most prominent feature is that when entering into an authorization contract, both parties must be present to sign it. With power of attorney, this requirement is optional.
Conclusion: So the above is Forms of authorization under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
