Does authorization of participants in the GMS need to be notarized in Vietnam?

Does authorization of participants in the GMS need to be notarized in Vietnam?

Pursuant to Article 144 of the Enterprise Law 2020, there are provisions on exercising the right to attend the GMS as follows:

1. Shareholders and representatives of shareholders that are organizations may directly participate in the GMS or authorize one or some other organizations and individuals to participate the GMS, or participate in the GMS in one of the forms specified in Clause 3 of this Article.

2. The authorization of participants in the GMS shall be made in writing. The authorization letter shall be made in accordance with civil laws and specify the name of the authorized participant, the quantity of shares authorized. The authorized participant shall present the authorization letter before entering the meeting room.

3. It will be considered that a shareholder attends and votes at the GMS in the following cases:

a) The shareholder directly participates in and votes at the GMS;

b) The shareholder authorizes another organization or individual to participate in and vote at the meeting;

c) The shareholder participates and votes online or through other electronic methods;

d) The shareholder sends the votes to the GMS by post, fax or email;

dd) The shareholder sends the votes by other means specified in the company's charter.

Thus, according to the above provisions in Vietnam, your authorization for another person to attend the General Meeting of Shareholders must be made in writing. However, there is no requirement that this document be notarized or certified. Therefore, you do not need to notarize and certify the authorization letter to attend the General Meeting of Shareholders.

Best Regards!