Authorization is one of the two forms of legal representation as specified in Article 138 of the 2015 Civil Code.
According to the provisions of Article 135, Civil Code 2015: “The right of representation is established by authorization between the represented person and the representative (hereinafter referred to as the authorized representative); according to a decision of a competent state agency, according to the charter of a legal person or according to the provisions of law (hereinafter referred to as the legal representative.
Authorization is one of the two forms of legal representation as specified in Article 138 of the 2015 Civil Code.
Power of Attorney is one of two forms of Power of Attorney.
1. Nature of Power of Attorney: is a unilateral legal act in which the principal appoints an authorized person to represent him or her to perform one or more tasks within the scope specified in the Power of Attorney.
2. Notarization of power of attorney:
The notarization requester must provide documents on the grounds for making a power of attorney such as: Certificate of land use rights, ownership of houses and other land-attached assets, certificate of vehicle registration, appointment slips, court summons…
In addition, it is necessary to provide personal documents such as identity card, citizen identification, passport.
3. Authenticate signature in power of attorney
Pursuant to Point d, Clause 4, Article 24 of Decree No. 23/2015/ND-CP of the Government dated February 16, 2015 providing for authentication of signatures in Power of Attorney and Article 14 of Circular 01/2020/TT- The BTP of the Ministry of Justice dated March 3, 2020 stipulates:
Authentication of signatures on Power of Attorney as prescribed in Clause 4, Article 24 of Decree No. 23/2015/ND-CP
1. The authorization specified at Point d, Clause 4, Article 24 of Decree No. 23/2015/ND-CP fully satisfies the conditions such as no remuneration, no compensation obligation of the authorized party and unrelated to the transfer of property ownership or real estate use rights, it shall be done in the form of signature authentication on the power of attorney.
2. In accordance with the provisions of Clause 1 of this Article, the authentication of signatures on the power of attorney shall be carried out in the following cases:
a) Authorize the submission and receipt of dossiers and papers on behalf of the household, unless such authorization is not permitted by law;
b) Authorization to receive pensions, postal parcels, allowances and allowances;
c) Authorization to look after the house;
d) Authorization of household members to borrow capital at the Bank for Social Policies.
3. For authorization that does not fall into one of the cases specified in Clause 2 of this Article, authentication of signatures on the power of attorney is not required; the person requesting authentication must carry out the procedures in accordance with regulations on authentication of contracts and transactions.
And in Clause 5, Article 9 of Circular 58/2020/TT-BCA of the Ministry of Public Security issued on June 16, 2020 stipulates: “Authorized person comes to handle vehicle registration procedures, in addition to the documents of the vehicle owner. The vehicle owner as prescribed in Clauses 1, 2 and 3 of this Article, must also present his/her citizen identity card or people's identity card or diplomatic card or official ID card (which is still valid).
In fact, the power of attorney is used a lot in relation to administrative procedures for many reasons that the authorizer cannot directly perform.
Thus, depending on the needs and requirements of the agency receiving the Power of Attorney, you can choose to notarize the Power of Attorney or authenticate the signature in the Power of Attorney.
If you have any questions, please contact Tran Hang Notary Office directly for specific answers.
OFFICE OF OFFICER TRAN HUNG
Address: No. 9, Van Phuc street, Lieu Giai ward, Ba Dinh district, Hanoi.
Tel: (024) 3747.8888
Hotline: 0933.668.166 or 096.296.0688
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
Authorization is one of the two forms of legal representation as specified in Article 138 of the 2015 Civil Code.
According to the provisions of Article 135, Civil Code 2015: "The right of representation is established by authorization between the represented person and the representative (hereinafter referred to as the authorized representative); according to a decision of a competent state agency, according to the charter of a legal person or according to the provisions of law (hereinafter referred to as the legal representative".
Authorization is one of the two forms of legal representation as specified in Article 138 of the 2015 Civil Code.
Power of Attorney is one of two forms of Power of Attorney.
1. Nature of Power of Attorney: is a unilateral legal act in which the principal appoints an authorized person to represent him or her to perform one or more tasks within the scope specified in the Power of Attorney.
2. Notarization of power of attorney:
The notarization requester must provide documents on the grounds for making a power of attorney such as: Certificate of land use rights, ownership of houses and other land-attached assets, certificate of vehicle registration, appointment slips, court summons…
In addition, it is necessary to provide personal documents such as identity card, citizen identification, passport.
3. Authenticate signature in power of attorney
Pursuant to Point d, Clause 4, Article 24 of Decree No. 23/2015/ND-CP of the Government dated February 16, 2015 providing for authentication of signatures in Power of Attorney and Article 14 of Circular 01/2020/TT- The BTP of the Ministry of Justice dated March 3, 2020 stipulates:
Authentication of signatures on Power of Attorney as prescribed in Clause 4, Article 24 of Decree No. 23/2015/ND-CP
1. The authorization specified at Point d, Clause 4, Article 24 of Decree No. 23/2015/ND-CP fully satisfies the conditions such as no remuneration, no compensation obligation of the authorized party and unrelated to the transfer of property ownership or real estate use rights, it shall be done in the form of signature authentication on the power of attorney.
2. In accordance with the provisions of Clause 1 of this Article, the authentication of signatures on the power of attorney shall be carried out in the following cases:
a) Authorize the submission and receipt of dossiers and papers on behalf of the household, unless such authorization is not permitted by law;
b) Authorization to receive pensions, postal parcels, allowances and allowances;
c) Authorization to look after the house;
d) Authorization of household members to borrow capital at the Bank for Social Policies.
3. For authorization that does not fall into one of the cases specified in Clause 2 of this Article, authentication of signatures on the power of attorney is not required; the person requesting authentication must carry out the procedures in accordance with regulations on authentication of contracts and transactions.
And in Clause 5, Article 9 of Circular 58/2020/TT-BCA of the Ministry of Public Security issued on June 16, 2020 stipulates: “Authorized person comes to handle vehicle registration procedures, in addition to the documents of the vehicle owner. The vehicle owner as prescribed in Clauses 1, 2 and 3 of this Article, must also present his/her citizen identity card or people's identity card or diplomatic card or official ID card (which is still valid)".
In fact, the power of attorney is used a lot in relation to administrative procedures for many reasons that the authorizer cannot directly perform.
Thus, depending on the needs and requirements of the agency receiving the Power of Attorney, you can choose to notarize the Power of Attorney or authenticate the signature in the Power of Attorney.
If you have any questions, please contact Tran Hang Notary Office directly for specific answers.
TRAN HANG NOTARY OFFICE
Address: No. 9, Van Phuc street, Lieu Giai ward, Ba Dinh district, Hanoi.
Tel: (024) 3747.8888
Hotline: 0933.668.166 or 096.296.0688
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
