In civil transactions taking place every day between enterprises and individuals, the two parties performing the transaction must be at least 18 years old and have civil act capacity to participate in the signing. There are many types of contracts signed as the basis for establishing rights and obligations and the grounds to ensure the occurrence of a breach of contract. So about the matter “Power of attorney to get passport under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
What is Power of Attorney?
Power of attorney is a form of paper used quite commonly in agencies and businesses that want to authorize certain individuals or groups to perform the assigned work.
This document records that the authorized person appoints another person/organization to act on his/her behalf to perform one or several tasks within the scope of authorization.
According to current regulations, the making of a power of attorney does not require strict rules and regulations, does not require the consent of the authorized party, and is not valid to force the authorized party to perform the following tasks written in the paper (in contrast to the authorization contract, which requires the presence and consent of both parties, the authorized party must do the authorized work in a mandatory manner).
Therefore, the work performed by Power of Attorney is usually of a simple nature. Complicated, demanding jobs should use authorization contracts.
Power of attorney is a unilateral legal act
At present, the power of attorney is usually established in two forms: the Power of Attorney contract and the Power of Attorney. However, Power of Attorney is a form that exists in reality but is not regulated by law.
According to Article 55 of the Law on Notary 2014, the conclusion of an authorization contract requires the participation of both the authorizing party and the authorized party. The Power of Attorney does not need the participation of the authorized party because:
Power of attorney is a form of representation under authorization, unilaterally performed by the subject by legal acts, without the consent of the authorized person.
In which, the authorizing person appoints an authorized person to perform work in his/her name within the scope of authorization;
– The nature of the Power of Attorney is a civil transaction (a contract or unilateral legal act that gives rise to, changes or terminates civil rights and obligations).
Accordingly, the Power of Attorney is a unilateral legal act of the authorizing party, not an agreement between the parties (Article 562 of the Civil Code No. 91/2015/QH13), so the authorized recipient does not need to sign it.
Power of attorney to get passport under Vietnam law
According to the provisions of Article 134 of the 2015 Civil Code, the representation is as follows:
“1. Representation is the process by which an individual or legal entity (hereinafter collectively referred to as the representative) establishes and performs transactions on behalf of and for the benefit of another individual or legal entity (hereinafter referred to as the represented person). Civil.
2. Individuals and legal entities may establish and perform civil transactions through their representatives. Individuals may not allow others to represent them if the law requires them to establish and perform such transactions by themselves.
3. Where prescribed by law, the representative must have civil legal capacity, civil act capacity suitable to civil transactions established and performed.”
Accordingly, the person authorized to receive the passport on your behalf must have civil legal capacity.
Accordingly, you can make a power of attorney or an authorization contract to perform the job of receiving the passport on your behalf. An authorization contract is an agreement between parties, whereby the authorized party is obliged to perform work on behalf of the authorizing party, the authorizing party only has to pay remuneration if so agreed or prescribed by law.
Since the authorization contract is an agreement between the parties, the content of the contract must reflect the will of the parties. You and the authorized party can draft an authorization contract with the following basic contents:
– Information of the authorizing party: including personal information such as name, age, date of birth, citizen identification, permanent residence, nationality, gender, occupation, etc.
– Information of the authorized party: also includes information such as name, age, date of birth, citizen identification, permanent residence, nationality, gender, occupation, etc.
– Scope of authorization: Do you specify the authorization for Party B to do the work here, which is clearly stated as receiving a passport? Where to get your passport back?
– Authorization period: yes or no, your case of authorization contract ends after receiving the passport.
– Rights and obligations of the parties;
– Remuneration for performing authorized work (if any);
– Other agreements.
The authorization contract must be notarized at the Notary Public Office or the State Notary Office for notarization.
Or you can make a power of attorney with the same basic content: information of the parties, work of authorization. The authorized person will present a power of attorney or an authorization contract when performing on your behalf.
The power of attorney must be authenticated at the People’s Committee of the commune where you are residing.
The right to unilaterally terminate the performance of the authorization contract
– The authorization:
+ 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 is not paid, the principal may terminate the performance of the contract at any time, but must notify the authorized party in advance a reasonable time;
+ The authorizing party must notify the third party in writing of the termination of contract performance by the authorizing party; if not, the contract with the third party will still be valid, unless the third party knows or ought to know that the authorization contract has been terminated.
– Litigant:
+ In case of authorization with 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;
+ 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.
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Frequently asked questions
In case the passport applicant cannot come to receive the results, he/she may authorize another person to receive the results on his/her behalf. When receiving the results, the authorized person must present his/her own ID card/CCCD, power of attorney and receipt of application.
The current law stipulates a number of cases that are not authorized, but force the individual or organization to do it themselves. Detail:
Registration of marriage, divorce
– Deposit savings at credit institutions
– Make your will
– Issuance of criminal record card
Passports are used instead of identity cards or citizen identification.
Conclusion: So the above is Power of attorney to get passport 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
