What is an authorization contract? According to current regulations, is an authorization contract required to be notarized in Vietnam?
What is an authorization contract in Vietnam?
According to Article 562 of the 2015 Civil Code, regulations on authorization contracts in Vietnam are specified as follows:
"Article 562. Authorization contract
Authorization contract is an agreement between the parties whereby an attorney is obliged to perform the work on behalf of the principal, the principal only has to pay remuneration if so agreed or so provided by law. "
What is an authorization contract? According to current regulations, is an authorization contract required to be notarized in Vietnam?
Is an authorization contract required to be notarized in Vietnam?
Pursuant to Article 55 of the Law on Notarization 2014 stipulates the notarization of authorization contracts, specifically as follows:
"Article 55. Notarization of authorization contract
1. When notarizing authorization contracts, the notary has the responsibility to carefully check the file, clearly explain the rights and obligations of the parties and the legal consequences of such authorization to the participating parties.
2. In cases where the authorizing party and the authorized party cannot go to the same notary service organization, the authorizing party shall request the notary public practice organization where they reside notarize the authorization contract; The authorized party requests the notarization organization where they reside notarize the original of this authorization contract, complete the notarization procedures of the authorization contract. "
Based on this basis, the Law on Notarization 2014 also only stipulates procedures for notarization of authorization contracts, not required notarization. However, there are a number of cases mentioned in specialized documents, which are required to be notarized as follows:
Pursuant to Clause 2, Article 96 of the 2014 Law on Marriage and Family, stipulates the agreement on surrogacy for humanitarian purposes as follows:
"Article 96. Agreement on surrogacy for humanitarian purposes
1. Agreement on surrogacy for humanitarian purpose between husband and wife asking for surrogacy (hereinafter referred to as surrogacy requestor) and husband and wife of surrogacy (hereinafter referred to as surrogacy party) must have the following basic contents:
a) Provide sufficient information about the party asking for surrogacy and the party asking for surrogacy according to the relevant conditions specified in Article 95 of this Law;
b) Commitment to fulfill the rights and obligations prescribed in Articles 97 and 98 of this Law;
c) Settlement of consequences in case of an obstetric accident; support to ensure the reproductive health of the surrogate during pregnancy and childbirth, the receipt of the surrogate's child, rights and obligations of both parties towards the child in case the child has not been assigned to the party asking for surrogacy and other related rights and obligations;
d) Civil liability in case one or both parties violate the agreement.
2. The agreement on surrogacy must be made in writing and notarized. In cases where husband and wife of the surrogacy requestor authorize each other or the husband and wife of the surrogate party authorize each other to reach an agreement, the authorization must be made in writing and notarized. Authorization for a third person has no legal effect.
In case an agreement on surrogacy between the gestational surrogacy party and the surrogacy requesting party is made together with an agreement between them and a medical facility to deliver the child using assisted reproductive technology, this agreement must certified by a competent person of this medical facility. "
In addition, no authorization is allowed in the case of marriage registration; re-register the marriage; register to receive parents, children.
How long is the authorization period specified in Vietnam?
Article 563 of the 2015 Civil Code provides for the authorization period in Vietnam as follows:
"Article 563. Term of authorization
The authorization period is as agreed by the parties or prescribed by law; If there is no agreement and there is no provision by law, the authorization contract is valid for 01 year from the date of establishment of the authorization. "
Thus, for your question, the authorization contract does not automatically have to be notarized or authenticated to be legally valid except in some compulsory cases. In case an authorization contract is required to be notarized, authenticated but not performed but either party or parties have performed at least 2/3 of the obligations in the authorization contract, that contract will still be valid.
Above is some of the information we provide to you. Best regards!
Thư Viện Pháp Luật