If you are living abroad from Vietnam, but you have some legal affairs or property management to deal with in the Vietnamese territory, you may need to consider making a power of attorney (POA) to give someone trustworthy the legal authority to act on your behalf. A power of attorney is a legal document that authorizes an agent, who could be a trusted friend, family member, or lawyer, to make decisions and take action regarding your property, finances, health care, or other matters specified in the POA. However, the process of making a POA when you are abroad can be challenging and confusing, as it requires navigating various legal systems and requirements. In this article, LSX legal firm provides: “Making power of attorney when you are abroad from Vietnam”
Legal grounds
- Law on Notary 2014
- Civil Code 2015
- Law on Overseas Representative Missions of the Socialist Republic of Vietnam 2009
Authorization/Power of attorney
When making an Authorization letter/contract, the authorizer allows the authorizee to act on behalf of him/her within the scope of the letter/contract. In other words, the authorizee represents the authorizer to carry out the authorized acts.
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.
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.
Scope of representation
The representative is only allowed to engage in civil transactions within their authorized scope of representation according to any of the following bases:
- The decision of the competent authority.
- The charter of the juridical person.
- Contents of authorization.
- Other regulations as prescribed by law.
If no specific authorization is given or no specific scope for authorization is determined, the legal representative can enter into and perform civil transactions for the interest of the principal, unless otherwise prescribed by law.
A natural or juridical person may represent multiple natural or juridical persons but he/she/it may not, on behalf of the principal, enter into and perform a civil transaction with him/her/it or with a third party that he/she/it also acts as a representative therefor, unless otherwise prescribed by law.
The representative must inform the parties of the scope of his/her representation.
Term of Representation/Authorization Contract
Article 563 of the Civil Code 2015 stipulates that the duration of the authorization shall be as agreed by the parties or as provided by law. If there is no agreement and the duration is not provided by law, the authorization contract shall be effective for one year from the date on which the authorization is made.
Besides, Article 140 of this 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 Contract/Power of Attorney.
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.
Making power of attorney when you are abroad from Vietnam
When making an authorization contract, the parties sign it in a notary practice organization.
In case the parties can not go to a notary practice organization together, they shall follow Clause 2, Article 55 of the Law on Notary 2014 of Vietnam.
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.
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 contract 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 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
In this article, we provide information regarding “Making power of attorney when you are abroad from Vietnam”. With qualified solicitors, LSX legal firm has provided efficient legal services to our customers. We guarantee to constantly update and keep our operations as well as services in line with the law. If you have any questions about the law, please get in touch with us via LSX Law firm: +84846175333 or Email: [email protected]
See more
Regulations of Vietnam law in case of winning bid against regulations
Authority to cancel the authorization contract
Frequently asked questions
Firstly, upon an agreement.
Secondly, upon expiry of the term of authorization.
Thirdly, upon completion of the authorized tasks.
Fourthly, the principal or the representative unilaterally revokes the authorization.
Fifthly, the principal or the representative being natural person dies or the principal or the representative being juridical person ceases to exist.
Sixthly, the representative does not meet the conditions prescribed in Clause 3 Article 134 of the Civil Code.
Lastly, upon another basis that causes the failure of the representation.
If the principal knows about a civil transaction entered into and performed by a representative beyond his or her scope of representation without any objection within an appropriate time limit, that transaction is valid.
An attorney may only sub-authorize its authorization to a third person in any of the following cases:
– With the consent of the principal.
– Due to force majeure events that if the sub-authorization does not apply, the purposes of entering into a civil transaction for the interests of the principal is unachievable.
Conclusion: So the above is Making power of attorney 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
