Hanoi-Vietnam: Cases in which authorization is not permitted according to current regulations

20:48, 10/07/2024

In Vietnam, authorization is the act of one person requesting another person to perform or resolve one or several specific tasks within a certain scope on his/her behalf. However, according to current regulations, there are certain cases where entities are not allowed to authorize. Lawnet respectfully informs Customers and Members of cases in which authorization is not permitted in the table below.

No.	CONTENT	LEGAL BASIS	NOTES
1	Marriage registration	Decision 3814/QD-BTP	Both males and females must be present when registering for marriage.
2	Divorce	Article 85 Civil Procedure Code 2015	In the case of divorce, the involved party cannot authorize another person to participate in the proceedings on their behalf. If the father, mother, or other relatives request the Court to settle the divorce according to Clause 2 Article 51 of the Law on Marriage and Family, then they shall be the representative.
3	Notarization of one's own will	Article 56 Notary Law 2014	The person making the will must personally request the notarization of the will and is not authorized to delegate this request to others.
4	Confliction of rights and interests with the authorizer in the same case	Point a Clause 1 Article 87 Civil Procedure Code 2015	If the authorized person is also an involved party in the same case with the authorizer and the legal rights and interests of the authorized person conflict with those of the authorizer.
5	A person is being authorized by another involved party whose rights and interests oppose the would-be authorizer in the same case	Point b Clause 1 Article 87 Civil Procedure Code 2015	If the authorized person is currently the legal representative in civil proceedings for another involved party (the authorizer) whose legal rights and interests conflict with those of the represented person in the same case.
6	Authorization is not allowed in criminal procedure	Clause 4 Article 36, Point d Clause 1 and Clause 5 Article 39, Clause 4 Article 41, Clause 4 Article 44 Criminal Procedure Code 2015	- The Head and Deputy Head of the investigative body cannot authorize Investigators to perform their duties and powers. - The head or deputy head of the Border Guard, Customs, Forest Ranger, Coast Guard, Fishery Surveillance, Public Security, and People's Army authorities assigned the task of conducting certain investigative activities cannot authorize investigative officers to perform their duties and powers. - The Chief Procurator, Deputy Chief Procurator of the Procuracy cannot authorize Procurators to perform their duties and powers. - The Chief Justice, and Deputy Chief Justice of the Court cannot authorize Judges to perform their duties and powers.
7	Provincial and district-level People's Committees with power to decide on land allocation, lease, and change of land use purpose are not allowed to authorize	Clause 4 Article 59 Land Law 2013
8	In administrative procedures, the authorized person cannot re-authorize a third party	Clause 5 Article 60 Administrative Procedure Law 2015
9	The Chairman and members of the Board of Directors of credit institutions being cooperatives cannot authorize non-members of the Board to perform their rights and duties	Clause 5 Article 81 Law on Credit Institutions 2010
10	The agency assigned to issue detailed regulations	Clause 2 Article 11 Law on Promulgation of Legal Documents 2015
11	The local administrative authorities receiving authorization cannot re-authorize another agency or organization to perform the tasks and powers already assigned by the superior administrative authorities	Clause 3 Article 14 Law on Organization of Local Governments 2015
12	Issuance of judicial record card No. 2	Clause 2 Article 46 Law on Judicial Records 2009	Individuals requesting the issuance of Judicial Record Card No. 2 are not allowed to authorize others to perform the issuance procedures.
13	The Prime Minister, Minister of Finance, Minister of Defense, Minister of Public Security, Minister of Transport, Minister of Agriculture and Rural Development, Minister of Health, Minister of Industry and Trade, and Chairman of the Provincial People's Committee cannot authorize the decision to requisition assets	Clause 3 Article 14 Law on Requisition and Seizure of Assets 2008
14	The project investor in the real estate business cannot authorize the cooperating party, joint venture, partnership, or business contributor to sign contracts for the sale, transfer, or lease-purchase of real estate	Clause 5 Article 13 Law on Real Estate Business 2014
15	The questioned individual cannot authorize another to respond on their behalf at sessions of the National Assembly, Standing Committee of the National Assembly, People's Council, and Standing Committee of the People's Council	Point b Clause 3 Article 15, Point b Clause 2 Article 26, Point b Clause 3 Article 60, Point b Clause 2 Article 69 Law on Supervision Activities of the National Assembly and People's Council 2015
16	Making of savings deposit at credit institutions	Point a, Clause 1, Article 8 Regulations on Savings Accounts issued together with Decision 1160/2004/QD-NHNN, Clause 2 Article 1 Decision 47/2006/QD-NHNN	The depositor must personally carry out the deposit transaction at the savings-receiving organization and present the required documents as regulated.
17	Registration for the recognition of parent-child relationships	Clause 1 Article 25 Civil Status Law 2014	The person requesting to register the recognition of parent-child relationships must submit the prescribed application form and evidence proving the parent-child relationship to the civil status registration authority. Both parties must be present when registering the recognition of parent-child relationships.
18	Individuals are not authorized to finalize taxes for the income-paying organization in certain legally regulated cases	Section III.2 Official Dispatch 5749/CT-TNCN	- Individuals meeting the authorization conditions stipulated in Section III.1 but have been issued a tax deduction certificate by the income-paying organization cannot authorize tax finalization for the income-paying organization (unless the income-paying organization has recovered and canceled the tax deduction certificate issued to the individual). - Individuals having income from wages and salaries under a contract of three months or more at one unit, but at the time of authorization for tax finalization, are no longer working at that organization. - Individuals with income from wages and salaries under a contract of three months or more at one unit, concurrently having occasional income not fully deducted (including cases where the income is below the deduction threshold and cases where it meets the deduction threshold but is not deducted). - Individuals with income from wages and salaries under a contract of three months or more at multiple places. - Individuals with sporadic income that has been withheld at the 10% rate (including cases where there is only one source of sporadic income). - Individuals who have not registered for a TIN. - Resident individuals with income from wages and salaries who are also eligible for tax reduction due to natural disasters, fires, accidents, or serious illnesses must file their tax finalization with the tax reduction documentation as guided in Clause 1 Article 46 Circular 156/2013/TT-BTC.

- Nguyen Trinh -

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