Authorization is one of the two forms of representation prescribed by law and is specifically recorded in Article 138 of the 2015 Civil Code.
According to Article 135, Civil Code 2015: “Representative rights are established by authorization between the authorized representative and the representative (hereinafter referred to as authorized representative); according to the decision of a competent state agency, the charter of a legal person or the provisions of law (hereinafter collectively referred to as legal representatives.
Authorization is one of the two forms of representation prescribed by law and is specifically recorded in Article 138 of the 2015 Civil Code.
A power of attorney is one of two forms of a power of attorney.
1. Nature of Power of Attorney: is a unilateral legal act, which recognizes that the authorized person appoints the authorized representative to perform one or more tasks within the scope specified in the authorization.
2. Notarized power of attorney:
The notarization requester must provide documents on the basis for making the authorization such as: Certificate of land use right of ownership of houses and other land-attached assets, certificate of car registration, appointment tickets, court summons ...
In addition, it is necessary to provide personal documents such as identity card, citizen ID, passport.
3. Authenticate signatures in the power of attorney
Pursuant to Point d, Clause 4, Article 24 of the Government's Decree No. 23/2015 / ND-CP dated February 16, 2015 providing for authentication of signatures in the power of attorney in case of authorization without remuneration, There is no obligation of the obligee to pay compensation and not related to the transfer of ownership of property and the right to use real estate.
The fact that the power of attorney is used heavily in relation to administrative procedures for many reasons that the authorizer can not directly perform.
For example, Clause 5, Article 9 of Circular 15/2014 / TT-BCA of the Ministry of Public Security issued on 04/04/2014: “The person authorized to register the vehicle must present his / her identity card; submit power of attorney certified by the People's Committee of the commune, ward or township or certified by the agency or working unit ".
Therefore, depending on the needs as well as the request of the agency receiving the authorization, it is possible to choose the form of notarization of the power of attorney or the authentication of signatures in the power of attorney.
If you have any questions, please contact Tran Hang Notary Office / Dai Viet Limited Law Firm for specific answers.
DAI VIET LAW CO., LTD-
TRAN HUNG NOTARY OFFICE
Address: No. 28 Lieu Giai Street - Ba Dinh - Hanoi
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
According to Article 135, Civil Code 2015: “Representative rights are established by authorization between the authorized representative and the representative (hereinafter referred to as authorized representative); according to the decision of a competent state agency, the charter of a legal person or the provisions of law (hereinafter collectively referred to as legal representatives.
Authorization is one of the two forms of representation prescribed by law and is specifically recorded in Article 138 of the 2015 Civil Code.
A power of attorney is one of two forms of a power of attorney.
1. Nature of Power of Attorney: is a unilateral legal act, which recognizes that the authorized person appoints the authorized representative to perform one or more tasks within the scope specified in the authorization.
2. Notarized power of attorney:
The notarization requester must provide documents on the basis for making the authorization such as: Certificate of land use right of ownership of houses and other land-attached assets, certificate of car registration, appointment tickets, court summons ...
In addition, it is necessary to provide personal documents such as identity card, citizen ID, passport.
3. Authenticate signatures in the power of attorney
Pursuant to Point d, Clause 4, Article 24 of the Government's Decree No. 23/2015 / ND-CP dated February 16, 2015 providing for authentication of signatures in the power of attorney in case of authorization without remuneration, There is no obligation of the obligee to pay compensation and not related to the transfer of ownership of property and the right to use real estate.
The fact that the power of attorney is used heavily in relation to administrative procedures for many reasons that the authorizer can not directly perform.
For example, Clause 5, Article 9 of Circular 15/2014 / TT-BCA of the Ministry of Public Security issued on 04/04/2014: “The person authorized to register the vehicle must present his / her identity card; submit power of attorney certified by the People's Committee of the commune, ward or township or certified by the agency or working unit ".
Therefore, depending on the needs as well as the request of the agency receiving the authorization, it is possible to choose the form of notarization of the power of attorney or the authentication of signatures in the power of attorney.
If you have any questions, please contact Tran Hang Notary Office / Dai Viet Limited Law Firm for specific answers.
DAI VIET LAW CO., LTD-
TRAN HUNG NOTARY OFFICE
Address: No. 28 Lieu Giai Street - Ba Dinh - Hanoi
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
