If you are currently residing abroad but need someone to represent you in Vietnam for certain tasks, an authorization letter is a must-have. Making this document can be daunting, especially if you’re not familiar with its legal requirements. The process of making a Letter of Authorization when you are abroad requires an understanding of various legal regulations. In this article, LSX legal firm would like to provide you with information about “How to make an authorization letter when you are abroad from Vietnam?”
Legal grounds
- Civil Code 2015
- Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009
- Law on Notary 2014
Authorization letter under Vietnamese legislation
The Civil Code 2015 of Vietnam provides for Authorization contracts as follows:
Article 562. Authorization contracts
Authorization contract means an agreement between parties whereby an attorney has the obligation to perform an act in the name of a principal. The principal shall only be required to pay remuneration if so agreed or so provided by law.
Although the Civil Code 2005 and the Civil Code 2015 do not have any specific definition or regulation on the letter of authorization. But the term is recognized in many legal documents.
Generally, it refers to a form of authorized representation performed by a subject in a unilateral legal act (while an authorization contract made under the agreement of both parties), which records that the principal appoints an authorized person to represent him or her to perform one or more activities within the scope specified in letter.
Under the Civil Code 2015:
- Representation means a person (hereinafter referred to as the representative) acting in the name and for the benefit of another person (hereinafter referred to as the principal) to enter into and perform a civil transaction within the scope of representation.
- Each natural or juridical person may enter into and/or perform civil transactions through a representative. A natural person may not allow another person to represent him/her; if the law provides for that they must personally enter into and perform such transaction.
- The representative, if required by law, must have legal personality and/or legal capacity in accordance with the transactions that he/she enters into and performs.
Also, the Civil Code 2015 of Vietnam provides for regulation in regard to Authorized Representatives as follows:
Article 138. Authorized representatives
1. Each natural or juridical person may authorize another natural or juridical person to enter into and perform a civil transaction.
2. Members of a household, co-operative group or a non-juridical person may agree to authorize another natural or juridical person to enter into and perform a civil transaction related to their common property.
3. A person aged from fifteen years to below eighteen years may be an authorized representative, except where the law provides for that the civil transaction must be entered into and performed by a person who has reached eighteen years of age.
Differences between a Letter of Authorization and an Authorization Contract
Letter of Authorization
- When authorizing, the participation of the authorized party is not required (unilateral authorization).
- The making of a Letter of Authorization does not require the consent of the authorized party and is not valid to force the authorized party to perform the tasks stated in the letter.
Authorization contract:
- Requires the signing of both parties.
- The making of an authorization contract requires the authorized party to agree and be required to perform the tasks stated in the contract. The authorized party may receive remuneration (If agreed under the contract).
Term of Representation/Authorization Letter?
Article 140 of the Civil Code provides for term of representation as follows:
Article 140. Term of representation
1. The term of representation shall be determined according to a power of attorney, a decision of a competent authority, and a charter of a juridical person or as prescribed by law.
2. If it fails to determine the term of representation prescribed in Clause 1 of this Article, the term of representation shall be determined as follows:
a) If the representation right is determined according to a specific civil transaction, the time limit for representation shall be determined until the time of termination of such civil transaction;
b) If the representation right is not determined according to a specific civil transaction, the term of representation is 1 year, from the time of arising representation right.
Thus, the parties involved have the right to agree on duration of the Authorization under the Power of Attorney. For the Letter of Authorization, there might be no duration agreed because the letter is made unilaterally.
In case the representation right arises under a specific civil transaction, the Authorization ends when such civil transaction terminates.
If the representation right is not determined according to a specific civil transaction, the term of representation is 1 year, from the time of arising representation right.
How to make Letter of Authorization when you are abroad from Vietnam?
Article 55 of the Law on Notary 2014 of Vietnam provides for notarization of Authorization contracts:
Article 55. 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 the 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.
Accordingly, when making an authorization contract, both parties have to participate in the notarization of the contract. However, in the case of a letter of Authorization, the authorizer only needs to submit the dossier for notarization/authentication of the letter and wait for the results of notarization or authentication because this type of paper is done unilaterally.
Competence to notarize and certify authorization contract and power of attorney in foreign countries
The overseas representative missions of the Socialist Republic of Vietnam have the competence to perform tasks regarding notarization and certification in accordance with Vietnam’s laws and treaties to which the Socialist Republic of Vietnam and receiving countries are contracting parties; to receive and preserve papers, documents and valuable objects of Vietnamese citizens and legal entities when requested, if such request does not contravene laws of receiving countries (Clause 7, Article 8 of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009)
Specifically, Article 78 of the Law on Notary 2014 provides for notarization in overseas representative missions as follows:
Article 78. Notarization by overseas representative missions of the Socialist Republic of Vietnam
1. Overseas diplomatic missions and consulates of the Socialist Republic of Vietnam may notarize testaments, written disclaimers of estate, letters of authorization and other contracts and transactions in accordance with this Law and consular and diplomatic regulations, excluding contracts on purchase and sale, conversion, transfer, donation, lease, mortgage or contribution of real estate as capital in Vietnam.
Thus, when making an Authorization letter when you are abroad, you can get it notarized in overseas diplomatic missions and consulates of the Socialist Republic of Vietnam.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
This article contains information about “How to make an authorization letter when you are abroad from Vietnam?” In recent years, we have supplied effective legal advice to businesses and individuals at reasonable prices and with efficient results. We always update and keep our operations and services in line with the law by adhering to legal principles. If you need any further information from the firm’s solicitors, please contact LSX Law firm: +84846175333 or Email: [email protected]
See more
Making power of attorney when you are abroad from Vietnam
Where to certify foreign passport in Vietnam?
Power of attorney to get passport under Vietnam law
Frequently asked questions
1. Require the attorney to report fully on the performance of the authorized act.
2. Require the attorney to return any property and benefits derived from the performance of the authorized act, unless otherwise agreed.
3. Compensate for damage caused by a breach of any of the obligations provided in Article 565 of this Code.
1. Provide the information, documentation and facilities necessary for the attorney to perform the authorized act.
2. Be liable for undertakings given by the attorney within the scope of the authorization.
3. Reimburse the attorney for reasonable expenses incurred by the attorney in the performance of the authorized act and pay any agreed remuneration to the attorney.
1. Require the principal to provide the information, documentation, and facilities necessary for the performance of the authorized act.
2. Receive remuneration and be reimbursed for reasonable expenses incurred in the performance of the authorized act.
Conclusion: So the above is How to make an authorization letter when you are abroad from Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
