There are many cases where individuals abroad want to authorize acquaintances at home to carry out some legal procedures. So what does the law say about the case of making a power of attorney while abroad? Is it possible to make a written authorization while abroad? Let’s find out with LSX Lawfirm.
Civil law 2015
Decree No. 23/2015/ND-CP
Law on Notarization 2014
Forms of authorization according to law
Currently, authorization exists in two forms: power of attorney and authorization contract.
As a form of unilateral authorization, without the presence of the authorized person. The making of a power of attorney usually involves unpaid authorization work, mainly based on prestige and not too binding responsibility between the parties. Power of attorney is a widely recognized form of authorization, but there is no specific document.
An agreement between parties whereby the authorized party must perform work; on behalf of the authorizing party, the authorizing party only has to pay remuneration if there is an agreement or the law provides for it (as provided for in Clause 1 of this Article). Article 562 Civil Code 2015 ).
So when an individual who is abroad wants to authorize an acquaintance at home to carry out legal procedures, he/she can write a letter of authorization.
Procedures for making a power of attorney while abroad
Some legal provisions related to the authentication and notarization of power of attorney in foreign countries are as follows:
In Article 78 of the Law on Notarization 2014, the authority to authenticate and notarize power of attorney documents made while abroad is as follows: Diplomatic missions, consular missions of the Socialist Republic of Vietnam in foreign countries may notarize wills, documents of refusal to receive estates, authorization documents and contracts and transactions. other services in accordance with this Law and consular and diplomatic law, except for contracts of sale, exchange, transfer, donation, lease, mortgage or capital contribution in real estate in Vietnam.
Besides, in Clause 3, Article 5 of Decree No23/2015/ND-CP: Diplomatic missions, consular missions and other agencies authorized to perform the consular function of Vietnam in foreign countries (hereinafter collectively referred to as representative offices) have the authority and responsibility for certification. real signatures in papers and documents. So when an individual abroad wants to make a power of attorney, he or she can go to a competent agency to request notarization and authentication so that the authorization document takes legal effect.
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Finally, hope this article Is it possible to make a written authorization while abroad is useful for you.
Documents needing consular legalization and notarized translation:
Firstly, business registration certificate Documents to be translated into Vietnamese and notarized: Passport of the head of the representative office Company rules;
Secondly, audited financial statements or documents certifying the performance of tax or financial obligations in the most recent financial year
License to operate; Seal, Seal sample certificate; Notify the representative office’s tax identification number; Documents and documents as mentioned above.