A power of attorney between two individuals has the right to establish a power of attorney, however, the establishment of a power of attorney must be done at a notary’s office, in some cases the authorization may require confirmation of the local authority to ensure the effectiveness and objectivity in the authorization relationship. So about the matter “Power of foreign individual attorney to another in Vietnam” Let’s find out with LSX in the article below.
Legal grounds:
- Civil Code 2015
- Decree No. 111/2011/ND – CP
Legal provisions on power of attorney
Form of power of attorney:
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.
Subjects in the legal relationship represented by authorization:
Authorized representatives are of the following types:
– An authorized representative of an individual: Mr. A wants to have a piece of land in Hanoi and is in need of selling land. However, he is currently living in Nghe An. Mr. A asked a friend, B, to conduct the land purchase and sale activities on his behalf through an authorization contract between him and Mr. B. In this case, the authorized representative is an individual. However, there are also cases where the authorized representative is a legal person. In the above example, maybe Mr. A asked a real estate company X to conduct the purchase and sale of land on his behalf, which is the case where the authorized representative is a legal person.
Authorized representative of a legal person: is the legal representative of a legal person who authorizes another person to conduct civil transactions. For example, A is the General Director of company X, and is also the legal representative of that company. Mr. A authorizes an employee of the company, B, to sign a contract to buy and sell office equipment for the company. In this case B is the authorized representative of company X.
– An authorized representative of a household or a cooperative group: it should be noted that the authorized representative can only be a person in the household or cooperative group.
+ The authorized person must be a person with full civil act capacity, except for the case specified in Clause 2, Article 143 of the Civil Code.
The legal basis for identifying the authorization relationship is the authorization contract or power of attorney:
– Authorization contract: the most prominent feature is that when entering into an authorization contract, both parties are required to sign it.
– With power of attorney, this requirement is optional.
What is consular legalization?
Consular legalization is an administrative procedure with the function of confirming the value of a foreign public document, checking the authenticity of the signature on the document and the status of the person signing the document.
When the nationals of a country want a public document issued by the authorities of that country to be valid in another country, or conversely, a document issued by the authorities of another country, for example country in which the national resides, wishes to have effect in that country. In such cases the document should be recognized by the authorities of the State where it has or wants to have legal force.
Consular legalization: means a competent Vietnamese agency certifies the seal, signature and title on foreign papers and documents so that such papers and documents can be recognized and used in Vietnam.
Consular certification and legalization is only certification of seals, signatures and titles on papers and documents, not certification of content and form of papers and documents.
Power of foreign individual attorney to another in Vietnam
Pursuant to Clause 2, Article 2 of Decree 111/2011/ND-CP stipulates as follows:
“2. Consular legalization means the competent Vietnamese agencies’ certification of stamps, signatures and titles on foreign papers and documents for being recognized and used in Vietnam.”
According to Clause 2, Article 4 of Decree 111/2011/ND-CP on consular certification and legalization as follows:
“2. To be recognized and used in Vietnam, papers and documents of foreign countries must be consularly legalized, except the cases specified in Article 9 of this Decree.”
In addition, according to Article 9 of Decree 111/2011/ND-CP, papers and documents are exempted from consular certification and legalization as follows:
1. Papers and documents exempted from consular certification and legalization under treaties to which Vietnam and foreign countries concerned are contracting parties, or on the reciprocity principle.
2. Papers and documents delivered directly or via diplomatic channel between competent Vietnamese and foreign agencies.
3. Papers and documents exempted from consular certification and legalization under Vietnamese laws.
4. Papers and documents not required of consular certification and legalization by receiving Vietnamese or foreign agencies under relevant Vietnamese or foreign laws.
Thus, in your case to be recognized for authorization, the power of attorney of the parent company’s representative for the subsidiary’s representative needs consular legalization.
What documents are included in the consular legalization dossier for a power of attorney from abroad to move into Vietnam?
According to Clause 1, Article 14 of Decree No. 111/2011/ND-CP, a dossier of application for legalization of a foreign individual power of attorney includes the following documents:
1. A requester for consular legalization shall submit a dossier comprising:
a/ One declaration for consular legalization, made according to a set form;
b/ A personal identification paper, for production in case of direct submission;
c/ One copy of the personal identification paper, in case of submission by post;
d/ Papers and documents requested for consular legalization, which have been certified by a foreign diplomatic representative mission or consulate or another foreign agency authorized to perform the consular function;
e/ One Vietnamese or English translation of each paper or document requested for consular legalization, if such papers and documents are not made in these languages;
f/ Copies of papers and documents mentioned at Points d and e above, one copy each for filing at the Ministry of Foreign Affairs.
How is the consular legalization procedure for power of attorney transferred from abroad to Vietnam?
Pursuant to Clauses 2, 3, 4 and 5, Article 14 of Decree 111/2011/ND-CP stipulates as follows:
2. When necessary to check the authenticity of papers and documents requested for consular legalization, dossier-receiving officers may ask requesters for consular legalization to additionally produce the originals of related papers and documents, and submit copies of these papers and documents, one copy each for filing at the Ministry of Foreign Affairs.
3. The Ministry of Foreign Affairs shall carry out consular legalization on the basis of comparing stamps, signatures and titles in certifications of competent foreign agencies on papers and documents with their specimens officially notified by the country concerned to the Ministry of Foreign Affairs.
4. The time limit for settlement complies with Clause 5, Article 11 of this Decree.
5. In case specimens of signatures, stamps and titles of competent foreign agencies mentioned at Point d, Clause 1 of this Article have not yet been officially notified or are subject to verification, the Ministry of Foreign Affairs may request these agencies to verify. Upon receiving verification results, the Ministry of Foreign Affairs shall settle dossiers and return results to requesters.
Accordingly, the consular legalization procedure for power of attorney from abroad transferred into Vietnam is shown as above.
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Frequently asked questions
01 working day from the date of receipt of complete and valid dossier.
In case the application has 10 or more papers, the processing time may be longer but must not exceed 05 working days.
– Papers and documents are corrected or erased but not corrected according to the provisions of law.
– Papers and documents in the application file for consular certification or legalization contain conflicting details.
– Papers and documents that are forged or issued or certified against authority according to law provisions.
– Papers and documents with signatures and seals other than the original signature or seal.
– Papers and documents with contents that infringe upon the interests of the State of Vietnam.
– Papers and documents are exempt from consular certification and legalization under international treaties to which Vietnam and related foreign countries are members, or on the principle of reciprocity.
– Papers and documents are transferred directly or through diplomatic channels between a competent Vietnamese agency and a foreign competent authority.
– Papers and documents exempted from consular certification and legalization in accordance with Vietnamese law.
– Papers and documents that are not required by the receiving agency of Vietnam or abroad for consular legalization or certification in accordance with relevant Vietnamese or foreign laws.
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