Can the authorized person authorize to others in Vietnam?

Can the authorized person authorize to others in Vietnam?

Pursuant to Article 564 of the Civil Code in 2015 stipulating sub-authorization as follows:

1. An attorney may only sub-authorize its authorization to a third person in any of the following cases:

a) With the consent of the principal;

b) Due to force majeure events that if the sub-authorization does not apply, the purposes of entering into a civil transaction for the interests of the principal is unachievable.

2. A sub-authorization shall not exceed the scope of the original authorization.

3. The formalities of the sub-authorization contract must conform to the formalities of the original authorization contract.

According to the regulations mentioned above, if you cannot carry out the authorization of your mother, you are allowed to authorize your husband when your mother agrees. In addition, when executing the sub-authorization, you are not allowed to authorize beyond the scope of the original authorization and the form of the sub-authorization must be consistent with the form of the original authorization.

Can the authorized person authorize to others in Vietnam? - Source: Internet

Is an authorization contract required to be notarized in Vietnam?

Pursuant to Article 55 of the Law on Notarization in 2014 stipulating notarization of authorization contracts as follows:

1. When notarizing authorization contracts, notaries shall carefully examine the dossiers and clearly explain to related parties their rights and obligations as well as legal consequences of such authorization.

2. In case both the authorizing party and authorized party cannot appear together at the same notarial practice organization, the authorizing party shall request the notarial practice organization of the place of residence of the authorizing party to notarize the authorization contract; the authorized party shall request the notarial practice organization of the place of residence of the authorized party to further notarize the original of this authorization contract and complete procedures for notarization of the authorization contract.

According to the regulations mentioned above, it only specifies the notarization procedures for the authorization contract but does not specify the obligation to notarize the contract. The notarization of the authorization contract has only been regulated in different legal documents. Therefore, you can choose to notarize or not notarize the authorization contract.

What are regulations on unilateral termination of the authorization contract in Vietnam?

Pursuant to Article 569 of the Civil Code in 2015 stipulating unilateral termination of performance of authorization contracts as follows:

1. Where an authorization involves payment of remuneration, the principal has the right, at any time, to terminate unilaterally the performance of the contract but must remunerate the attorney in proportion to the acts performed and compensate for damage. If the authorization does not involve payment of remuneration, the principal has the right, at any time, to terminate the performance of the contract, subject to giving reasonable prior notice to the attorney.

A principal must notify any third person in writing of the termination of the performance of the contract by the principal. If the principal fails to do so, any contract with any such third person shall remain in effect, unless such third person knows or should know of the termination of the performance of the contract.

2. Where an authorization does not involve payment of remuneration, the attorney has the right, at any time, to terminate unilaterally the performance of the contract, subject to giving reasonable prior notice to the principal. If the authorization involves payment of remuneration, the attorney has the right, at any time, to terminate unilaterally the performance of the contract and must compensate for any damage caused to the principal.

Above are regulations on unilateral termination of the authorization contract in Vietnam.

Best regards!