Can I sub-authorize to a third person in Vietnam? Can I authorize another person to mortgage my certificate of land use rights in Vietnam?

Can I sub-authorize to a third person in Vietnam?

I received my friend's authorization to sell the electric bike. I found a buyer for that electric bike. That person asked to come see the bike and sign the contract on August 24, 2019, but on that day I had something to do and could not participate in signing the contract to sell the bike. So can I authorize my wife to sell that electric bike?

Reply:

According to Clause 1, Article 564 of the 2015 Civil Code, 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.

And the scope of authorization does not exceed the scope of the original authorization; the form of re-authorization is consistent with the original form of authorization.

Thus, you can sub-authorize your wife to sell that electric bicycle with the consent of your other friend in Vietnam.

Can I authorize another person to mortgage my certificate of land use rights in Vietnam?

My father wants to borrow a large amount of money from the bank, but he has nothing as collateral. My cousin wants my father to use his certificate to mortgage with the bank to get a loan. So, can I write an authorization letter for my father to use his certificate so that he can borrow money from the bank as collateral? This land has no houses.

Reply:

Pursuant to the provisions of Clause 1, Article 317 of the 2015 Civil Code:

1. Mortgage of property means the use by one party (hereinafter referred to as the mortgagor) of property under the ownership of the obligor as security for the performance of an obligation to the other party (hereinafter referred to as the mortgagee) without transferring such property to the mortgagee.

According to this regulation in Vietnam, the nature of mortgage activities is understood to be that a person can only use assets owned by him or her to participate in mortgage transactions, for example, your father can use your father's certificate or certificate of your household if approved by the remaining family members.

In case your uncle wants to authorize your father to use his certificate to mortgage the bank, it is not in accordance with the above regulations on mortgage because the mortgaged property is not owned by the mortgagor in Vietnam. Therefore, this transaction is not allowed.

Please inform your father about this issue to comply with the law.

Can I sub-authorize to a third person in Vietnam? Can I authorize another person to mortgage my certificate of land use rights in Vietnam? (Image from the Internet)

Is a land use right authorization for a child considered a will in Vietnam?

My family has 5 siblings, 2 boys and 3 girls. In February 2017, my father wrote a land use authorization letter for my youngest son. This paper only lacks the eldest sister's signature because she lives far away and cannot return, the rest has all the signatures of her parents and sisters. Last December 2018, my father passed away and did not leave a will. I would like to ask if that authorization letter is still valid and valid? And is it considered a will? Thank you!

Reply:

Pursuant to Point dd, Clause 3, Article 140 of the 2015 Civil Code, the authorized representation shall terminate in any of the following cases:

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

Thus, when your father passes away, that authorization letter is no longer valid. Your brother will have to stop using the land according to the signed authorization letter in Vietnam.

Regarding the issue of whether this power of attorney can be considered a will, we would like to answer as follows:

According to Article 624 of the 2015 Civil Code:

- Will means an expression of the wishes of a natural person, made in order to bequeath his or her property to others after his or her death.

A lawful will must meet the conditions specified in Clause 1, Article 630 of the 2015 Civil Code as follows:

1. A will must satisfy the following requirements in order to be lawful:

a) The testator was of sound mind when he or she made the will; and he or she was not deceived, threatened or coerced into making the will;

b) The contents of the will are not contrary to law or social morals and the will complies with legal formalities.

In your case, your father only created a land use authorization letter for your younger brother, without the specific content of transferring land use rights to your younger brother after your father's death. Furthermore, this document is no longer valid and the authorization has been terminated. Therefore, a land use authorization cannot be considered a will in Vietnam.

Above is our answer to your question.

Best regards!