A document after finalizing must be signed and promulgated by a person authorized to sign to take effect. So when can the document be signed per procurationem, signed by order, signed under authorization (TUQ.), or signed on behalf?
Article table of contents
1. Signing per procurationem (KT.)
Apply for entities run by heads in Vietnam as follows:
- The entity’s head shall have competence in signing all documents issued by the entity
- They can assign the deputy to sign on his/her order with respect to the documents falling within his/her ambit and some documents falling under the head’s authority.
- If a deputy is authorized to run the entity, that deputy may sign documents the same as the deputy does on the head's order.
- In case of signing per procurationem for the head of an agency or organization, the abbreviation "KT" must be written before the position of the head.
2. Signing on order
- The entity’s head may assign the head of the unit under the entity's control to sign several documents on his/her order.
- The authorized signer may assign his/her deputy to sign on his/her behalf.
- Signature on order must be prescribed in detail in work rules or records management rules and regulations of entities.
- In case of signing on order, the abbreviation "TL" must be written before the position of the head of the agency or organization.
3. Signing under authorization
- In special cases, the entity’s head may authorize the head of the entity or unit under the former’s control to sign several documents on his/her order.
- Signature under authorization must be in writing; the term and scope of authorization must be defined.
- The authorized signer shall not be entitled to grant authorization for signing to any other person.
- The entity’s regulations on the formatting structure of, and the seal or digital signature on, the documents eligible for being signed under authorization must be obeyed.
4. Signing on behalf (of a collective or a person)
Apply for entities run by collectives in Vietnam as follows:
- The entity’s head shall represent the leadership to sign documents issued by the entity.
- The head’s deputy may represent the collective to sign, or act on the head’s order to sign documents under his/her delegated authority, and documents in the sector falling under his/her delegated authority.
- In case of signing on behalf of the collective, the abbreviation "TM" must be written before the name of the group of leaders or the name of the agency or organization.
5. Other general regulations on signing documents in Vietnam
- Signers shall be held legally accountable for documents that they have signed.
- An entity’s head shall be held legally accountable for all documents that the entity issues.
- When signing paper documents, blue ink pens must be used and pens that easily fade away must not be used.
- As for electronic documents, competent persons must digitally sign on them. Placement and photo of the digital signature are specified in Appendix I issued together with Decree 30/2020/ND-CP)
(According to Article 13 and Appendix I of Decree 30/2020/ND-CP)
