Under the regulation of Vietnamese law, the power of attorney is very popular. In fact, the authorized representation is very common, the parties can agree to conduct the transaction in many forms, including orally, however, for the specified cases, the authorization must be made in writing. The text must conform to that form to be valid. So about the matter: “How to make a power of attorney from abroad in Vietnam?”Let’s find out with LSX in the article below.
Legal grounds:
- Notarization Law 2014
- Decree 45/2011/ND-CP
- Circular 111/2013/TT-BTC
How to make a power of attorney from abroad in Vietnam?
According to Article 55 of the Law on Notarization 2014 stipulates that notarization of authorization contracts:
1. When notarizing authorization contracts, notaries shall carefully examine the dossiers and clearly explain to related parties their rights and obligations as well as legal consequences of such authorization.
2. In case both the authorizing party and authorized party cannot appear together at the same notarial practice organization, the authorizing party shall request the notarial practice organization of the place of residence of the authorizing party to notarize the authorization contract; the authorized party shall request the notarial practice organization of the place of residence of the authorized party to further notarize the original of this authorization contract and complete procedures for notarization of the authorization contract.
A request for notarization of an authorization contract is specified in Article 40 of the Law on Notarization 2014 as follows:
A dossier of request for notarization shall be made in one set, including the following papers:
1. A notarization request dossier shall be made in one set, comprising:
a/ A notarization request containing information on full name and address of the notarization requester, contents to be notarized and list of enclosed papers; name of the notarial practice organization, full name of the dossier recipient, and time of dossier receipt;
b/ The draft contract or transaction;
c/ A copy of the personal identity paper of the notarization requester;
d/ A copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;
dd/. Copies of other papers related to the contract or transaction as required by law.
2. The copies specified in Clause 1 of this Article may be photocopied, printed or typewritten copies containing full and accurate contents as the originals and do not need to be certified.
Regarding fees and charges to be paid:
According to the provisions of Clause 10, Article 4 of Decree 45/2011/ND-CP stipulating cases where registration fee is not required: “House or land is inherited or is a gift between: husband and wife; biological father, natural mother with her biological child; adoptive father, adoptive mother with adopted child; father-in-law, mother-in-law with daughter-in-law; father-in-law, mother-in-law with son-in-law; grandfather, grandmother with grandchild; grandfather, grandmother with grandchild ; Brothers, sisters and brothers are now granted certificates of land use rights and ownership of houses and other land-attached assets by a competent state agency for the first time.
Clause 1, Article 3 of Circular 111/2013/TT-BTC stipulates tax-exempt income: “1. Income from real estate transfer between husband and wife; biological father, natural mother with natural child; adoptive father, adoptive mother with adopted child; father-in-law, mother-in-law with daughter-in-law; father-in-law, mother-in-law with son-in-law; grandfather, grandmother with grandson; grandparents, grandmothers with grandchildren; brothers, sisters, siblings together.”
Accordingly, when submitting documents to fulfill financial obligations, you need to provide documents proving the natural relationship with your biological children such as birth certificates to be exempt from personal income tax.
Procedures for notarization of power of attorney
– According to the provisions of Chapter V of the Law on Notarization 2014, the notarization of the power of attorney needs to prepare the following documents:
+ A request form for notarization, in which: a slip clearly stating the full name and address of the notarization requester, contents to be notarized, and a list of enclosed papers; name of notarial practice organization, full name of person receiving notarization request dossier, time of receiving dossier.
+ Authorization contract, draft power of attorney.
+ A copy of the identity document of the notarization requester.
+ A copy of the certificate of ownership of the property, the right to use the property or a copy of the substitute paper prescribed by law for the property for which the law requires registration of ownership and use rights in the school; contract or transaction relating to that asset.
+ Copies of other documents related to contracts and transactions that are required by law.
– According to the provisions of Article 24 of Decree 23/2015/ND-CP, the authentication of power of attorney according to the authentication procedure is as follows:
“Article 24. Signature authentication procedures
The person requesting authentication of his or her signature must present the following documents:
a) The original or certified true copy of the valid ID card or passport;
b) Papers and documents that I will sign.”
However, according to the provisions of Article 25 of Decree 23/2015/ND-CP, documents that cannot be authenticated include: papers and documents signed by the requester for authentication with the contents specified in Clause 1 of this Article. Clause 4, Article 22 of Decree 23/2015/ND-CP and papers and documents containing the content of a contract or transaction, except for the cases specified at Point d, Clause 4, Article 24 of Decree 23/2015 /ND-CP or other cases prescribed by law.
A power of attorney whose signature is authenticated according to the provisions of Point d, Clause 4, Article 24 is a power of attorney with no remuneration, no compensation obligation of the authorized party, and is not related to the transfer of property ownership, the right to use real estate. If the authorizer intends to make a Power of Attorney with contents on remuneration, obligations, transfer of property ownership, etc., it will not be able to carry out authentication procedures but only notarization procedures.
Relationship of the subjects in the authorization contract
On the basis of the authorization contract, in this case the authorized person represents the principal to perform legal acts within the scope of his/her competence as prescribed by law. Thus, the proxy has two coexisting legal relationships.
– The relationship between the principal and the authorized person. The authorized person is obliged to perform legal acts within the scope of authorization
– Relationship between the authorized person and the third party of the transaction. An authorized person is the person who has authorized to enter into or perform civil transactions with a third party. The authorized person has certain rights and obligations towards the third party of the transaction.
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Frequently asked questions
– In the case of a Power of Attorney, the authorized person only needs to submit the application and wait for the result of notarization or authentication.
– In case of notarization of the authorization contract, the authorizing party and the authorized party are in two different places.
– In case of making an authorization contract, the principal must prepare the above documents, then bring it to the representative agency, sign it in front of the notary official, then the representative agency will evidence on the part of the authorized person. The authorized person will transfer the dossier to Vietnam for the authorized person to go to the notarial practice organization where the authorized person is residing to notarize the original authorization contract when receiving the authorization file.
The competence to notarize and authenticate contracts and power of attorney of the representative mission of Vietnam abroad belongs to the representative agency of Vietnam abroad, which can be an external representative agency, a diplomatic mission or a representative agency of Vietnam, consular representatives and authorized guest agencies to perform the consular functions of Vietnam abroad.
Currently, the 2015 Civil Code does not specifically provide for power of attorney, but rather 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.
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