In Vietnam, what is the form of enterprise authorization for individuals 2024? When does an authorized representation terminate?

In Vietnam, what is the form of enterprise authorization for individuals 2024?

Download a free form of enterprise authorization for individuals here.

How old can a person be to become an authorized representative in Vietnam?

In Article 138 of the 2015 Civil Code, there are regulations on authorized representatives as follows:

Authorized representatives

1. Each natural or juridical person may authorize another natural or juridical person to enter into and perform a civil transaction.

2. Members of a household, co-operative group or a non-juridical person may agree to authorize another natural or juridical person to enter into and perform a civil transaction related to their common property.

3. A person aged from fifteen years to below eighteen years may be an authorized representative, except where the law provides for that the civil transaction must be entered into and performed by a person who has reached eighteen years of age.

Thus, a person aged 15 years or older can be an authorized representative, except where the law provides for that the civil transaction must be entered into and performed by a person who has reached eighteen years of age.

In Vietnam, what is the form of enterprise authorization for individuals 2024? When does an authorized representation terminate? (Image from the Internet)

When does an authorized representation terminate in Vietnam?

In Article 140 of the 2015 Civil Code, there are regulations on the term of representation as follows:

Term of representation

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3. The authorized representation shall terminate in any of the following cases:

a) Upon an agreement;

b) Upon expiry of the term of authorization;

c) Upon completion of the authorized tasks;

d) The principal or the representative unilaterally revokes the authorization;

dd) The principal or the representative being natural person dies; the principal or the representative being juridical person ceases to exist;

e) The representative does not meet the conditions prescribed in Clause 3 Article 134 of this Code;

g) Upon another basis that causes the failure of the representation.

4. The legal representation shall terminate in any of the following cases:

a) The principal being natural person becomes an adult or has his/her legal capacity restored;

b) The principal being person dies;

c) The principal being juridical person ceases to exist;

d) Upon another basis as prescribed in this Code and relevant laws.

Thus, the authorized representation terminates in the following cases:

- Upon an agreement;

- Upon expiry of the term of authorization;

- Upon completion of the authorized tasks;

- The principal or the representative unilaterally revokes the authorization;

- The principal or the representative being natural person dies; the principal or the representative being juridical person ceases to exist;

- The representative does not meet the conditions to be a person with civil legal capacity and civil act capacity appropriate to the civil transaction established and performed;

- Upon another basis that causes the failure of the representation.

In Vietnam, can a person act as an authorized representative to enter into a civil transaction with a third party that he/she also acts as a representative therefor?

In Article 141 of the 2015 Civil Code, there are regulations on the scope of representation as follows:

Scope of representation

1. Each representative may only enter into and/or perform civil transactions within his/her scope of representation according to any of the following bases:

a) The decision of the competent authority;

b) The charter of the juridical person;

c) Contents of authorization;

d) Other regulations as prescribed by law.

2. If it fails to determine the specific scope authorization prescribed in Clause 1 of this Article, the legal representative has the right to enter into and perform all civil transactions in the interests of the principal, unless otherwise prescribed by law.

3. A natural or juridical person may represent multiple natural or juridical persons but he/she/it may not, on behalf of the principal, enter into and perform a civil transaction with him/her/it or with a third party that he/she/it also acts as a representative therefor, unless otherwise prescribed by law.

4. The representative must inform the parties of the scope of his/her representation.

Thus, a person may not act as an authorized representative to enter into and perform civil transactions with a third party that he/she/it also acts as a representative therefor, unless otherwise prescribed by law.

Best regards!