Vietnam: 16 cases of authorization to be made in writing in 2019

21:04, 10/07/2024

According to current regulations, authorization can be verbal or in writing. However, in certain specific cases, this authorization must be established in writing to be valid. Lawnet shall provide a summary of cases where written authorization is mandatory.

No	Scope of Authorization	Legal Basis	Notes
1	Authorization for civil status registration	Article 2 Circular 15/2015/TT-BTP	- The person requesting the issuance of a copy of the civil status extract, requesting the registration of civil status events according to the provisions of Article 3 of the Law on Civil Status, may authorize another person to perform on their behalf, except for marriage registration, re-registration of marriage, and registration of parent-child recognition. - The authorization must be made in writing, notarized, and authenticated according to the provisions of the law; the scope of authorization can include all tasks from submitting the application to receiving the civil status registration results. - If the authorized person is the grandparent, parent, child, spouse, or sibling of the authorizer, the authorization document does not need to be notarized or authenticated, but there must be documents proving the relationship with the authorizer.
2	Authorization to apply for Judicial Record Number 1	Clause 3 Article 45 Law on Judicial Records 2009	- Individuals may authorize others to carry out procedures for requesting the issuance of a Judicial Record Certificate. - The authorization must be made in writing according to the provisions of the law; if the person requesting the issuance of the Judicial Record Certificate is a parent, spouse, or child of the person required to have the Judicial Record Certificate, no written authorization is needed.
3	Authorization for transactions	Article 101 Civil Code 2015	- In the case of households, cooperatives, or other organizations without legal personality participating in civil relations, members of the household, cooperative, or other organization without legal personality are the subjects participating in establishing and performing civil transactions or authorizing a representative to establish and perform civil transactions. - The authorization must be made in writing, unless otherwise agreed upon. When there is a change in the representative, it must be notified to the party participating in the civil relations.
4	Authorization for surrogate pregnancy	Clause 2, Article 96 Law on Marriage and Family 2014	The agreement on surrogate pregnancy must be made in writing and notarized. In cases where the couple requesting the surrogate pregnancy authorizes each other, or the couple performing the surrogate pregnancy authorizes each other regarding the agreement, the authorization must be made in writing and notarized. Authorization to a third party holds no legal value.
5	Shareholders authorizing others	Article 140 Law on Enterprises 2014	- Shareholders can directly attend meetings, authorize another person in writing to attend, or through one of the forms stipulated in Clause 2, Article 140 of the Law on Enterprises 2014. If the shareholder is an organization without a representative by authorization, they can authorize another person to attend the General Meeting of Shareholders. - The authorization to the representative to attend the General Meeting of Shareholders must be made in writing according to the form issued by the company. The authorized person must present the authorization document when registering for the meeting before entering the meeting room.
6	The sole legal representative of an enterprise leaving Vietnam must authorize another person	Clause 3 Article 13 Law on Enterprises 2014	Enterprises must ensure there is always at least one legal representative residing in Vietnam. If the enterprise has only one legal representative who must reside in Vietnam, and if they are leaving, they must authorize another person in writing to perform the rights and duties of the legal representative. In this case, the legal representative remains accountable for the rights and duties they have authorized.
7	Chairman of a state enterprise absent from Vietnam for over 30 days	Clause 7 Article 98 Law on Enterprises 2014	If the Chairman of the company is absent from Vietnam for over 30 days, they must authorize another person in writing to perform some of the rights and duties of the Chairman of the company; the authorization must be promptly notified in writing to the representative agency of the owner. Other cases of authorization are handled according to the company's internal management regulations.
8	Chairman of the Board of Directors authorizing another member	Clause 4 Article 152 Law on Enterprises 2014	If the Chairman of the Board of Directors is absent or unable to perform their duties, they must authorize another member in writing to perform the rights and duties of the Chairman of the Board of Directors according to the principles stipulated in the company's charter.
9	Chairman of the Members' Council authorizing another member	Clause 4 Article 57 Law on Enterprises 2014	If absent or unable to perform their rights and duties, the Chairman of the Members' Council must authorize another member in writing to perform the rights and duties of the Chairman of the Members' Council according to the principles stipulated in the company's charter.
10	Litigant or legal representative authorizing in administrative proceedings	Clause 3 Article 60, Clauses 3, 4, 5, and 6 Article 205 Law on Administrative Procedures 2015	- The representative by authorization in administrative proceedings must be a person with full civil act capacity, authorized in writing by the litigant or their legal representative. - The authorization stipulated in Clauses 3, 4, and 5 of Article 205 of the Law on Administrative Procedures 2015 must be made in writing, legally notarized, authenticated, except if the authorization document is made at the court with the presence of the judge or person assigned by the Chief Judge. - The authorization document must include content authorizing the representative to appeal the first instance court's judgment, the decision to suspend or terminate the case resolution.
11	Overseas Vietnamese not eligible to buy property inheriting land use rights	Clause 4 Article 186 Land Law 2013	If among the inheritors there is an overseas Vietnamese not eligible to buy property associated with land use rights in Vietnam while others are eligible to inherit land use rights according to land law, and the inheritance division hasn't yet individually allocated the land use rights, the inheritors or their representative must submit an inheritance-related document according to the authorization to the land registration authority to update the land registry.
12	Authorization for inheritance-related procedures for overseas Vietnamese	Clause 5 Article 186 Land Law 2013	The inheritor in cases stipulated in point c, clause 3, and clause 4 of Article 186 of the Land Law 2013 is authorized in writing to another person for land care or temporary land use and complies with obligations under land law and other related laws.
13	Litigant authorizing in civil procedures, except in divorce	Article 85, Article 86 Civil Procedure Code 2015	The authorized representative in civil procedures exercises the litigation rights, obligations of the litigant according to the content of the authorization document.
14	Creditor authorizing participation in the creditors' meeting	Clause 1 Article 77 Law on Bankruptcy 2014	Creditors may authorize another person in writing to participate in the creditors' meeting, and the authorized person has the same rights and obligations as the creditor.
15	Petitioner for bankruptcy proceedings authorizing others	Clause 1 Article 78 Law on Bankruptcy 2014	The petitioner for bankruptcy proceedings as specified in Article 5 of the Law on Bankruptcy 2014, the business owner, or the legal representative of an insolvent enterprise or cooperative must participate in the creditors' meeting; if unable to attend, they must authorize another person in writing to participate in the creditors' meeting, and the authorized person has the same rights and obligations as the authorizer.
16	Employer's representative investigating workplace accidents	Clause 1 Article 35 Law on Occupational Safety and Health 2015	The grassroots workplace accident investigation team includes the employer or the written authorized representative as Head of the team and members representing the grassroots trade union executive committee or the collective labor representative (if no grassroots trade union is established), the safety officer, the medical officer, and other members.

- Nguyen Trinh -

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