Recently, LSX legal firm has received a question from our customer: “My father authorized me to transfer the red book. I am very confused about how the authorization regulated and the rights as well as obligations of the authorized party”. So, in this article, LSX legal firm will give you an insight into: “Rights and obligations of the authorized party in Vietnam”
Legal ground
- Civil Code 2015
Authorization under Civil Code 2015
Authorization is an agreement between the parties whereby the authorized party will be obliged to perform work on behalf of the authorizing party.
Besides, authorization belongs to the forms of legal representation as recorded in Article 135 of the Civil Code 2015. Accordingly, representation rights established according to a power of attorney between a principal and a representative (hereinafter referred to as authorized representation); according to a decision of a competent authority, a charter of a juridical person, or as prescribed by law (hereinafter referred to as legal representation).
Form of authorization
The current form of authorization indirectly reflected in Clause 1, Article 140 of the Civil Code 2015 on the term of representation, specifically: The term of representation 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.
According to the above provisions, the law still recognizes the form of written authorization but does not stipulate that the authorization cannot expressed in other forms.
Authorization letter
A letter of authorization, also known as an authority letter, a legal document that allows a third party (sometimes referred to as an agent) to temporarily act on behalf of the person writing the letter.
Simply put, writing an authorization letter means you allow someone to act on your behalf legally. Furthermore, the power is restricted to what is written in the letter.
When you do this, you are directly accountable for the actions that take place, so make sure you’re always authorizing a person of trust. Besides, A letter of authorization should contain all the necessary information in a precise yet humble manner.
You may use an authority letter in cases such as :
- You are sick and want someone to cover your duties.
- Authorizing someone to take charge of your bank account.
- Someone else is going to pick up some of your important business documents.
- Someone travel on your behalf.
- You want someone else to take charge of your business.
- ….
Rights of the authorized party
Under Article 566 of the Civil Code 2015, the authorized party has the following rights:
- Require the principal to provide the information, documentation, and facilities necessary for the performance of the authorized act.
- Receive remuneration and be reimbursed for reasonable expenses incurred in the performance of the authorized act.
Obligations of the authorized party
According to the provisions of Article 565 of the Civil Code 2015, the authorized party has the following obligations:
- Perform the act in accordance with the authorization and inform the principal of such performance.
- Notify any third parties involved in the performance of the authorized act of the duration and scope of the authorization and of any amendments of or additions to such scope.
- Take care of and preserve documents and facilities provided for the performance of the authorized act.
- Keep all information confidential that the attorney comes to know during the performance of the authorized act.
- Return to the principal any property received and benefits derived during the performance of the authorized act as agreed or as provided by law.
- Compensate for damage caused by a breach of any of the obligations provided in this Article.
Rights of the authorizing party
Firstly, require the authorized party to report fully on the performance of the authorized act.
Secondly, require the authorized party to return any property and benefits derived from the performance of the authorized act unless otherwise agreed.
Thirdly, compensate for damage caused by a breach of any of the obligations provided in Article 565 of this Code.
Obligations of the authorizing party
Provide the information, documentation, and facilities necessary for the attorney to perform the authorized act.
Be liable for undertakings given by the attorney within the scope of the authorization.
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.
Can the authorized party sub-authorize another party?
Article 564 of the Civil Code 2015 regulates the re-authorization as follows:
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.
A sub-authorization shall not exceed the scope of the original authorization.
The formalities of the sub-authorization contract must conform to the formalities of the original authorization contract.
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
Finally, hope this article is useful for you to answer the question about “Rights and obligations of the authorized party in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
Many people wonder whether they need to legalize their authorization letter. Indeed, the authorization letter is necessary to be legalized because when making a power of attorney, the information on the paper is filled with the information of the authorized person with a signature. Competent state agencies authenticate such information with the authorized person.
If the power of attorney is made in a foreign country where that person resides and has an embassy certifying that the papers and signatures of the authorizer are correct, then the power of attorney is completely valid and does not need to be legalized.
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.
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.
Conclusion: So the above is Rights and obligations of the authorized party in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
