Is it possible to authenticate my authorization letter at the Commune People's Committee of my temporary residence in Vietnam?

Is it possible to authenticate my authorization letter at the Commune People's Committee of my temporary residence in Vietnam?

Pursuant to Clause 2, Article 5 of Decree 23/2015/ND-CP stipulating authorities and responsibilities for authentication as follows:

2. People’s Committees of communes (hereinafter referred to as the People’s Committee of communes) shall:

a) Certify true copies from originals of any paper, document issued or certified by Vietnamese competent authorities;

b) Authenticate signatures on papers and documents except signatures of translators;

c) Authenticate contracts concerning properties as movables;

b) Authenticate contracts concerning land use right according to the Law on Land;

dd) Authenticate contracts concerning houses according to the Law on Housing;

e) Authenticate testaments;

g) Authenticate written refusal of heritage;

h) Authenticate agreements for division of heritage, written admission of properties as movables as defined in Points c, d and dd of this Clause;

Presidents, deputy presidents of People’s Committees of communes shall carry out authentication, sign names and affix seals;

In addition, in Clause 5 of Article 5 of Decree 23/2015/ND-CP, the following provisions are made:

5. Certification of true copies from originals, authentication of signatures, contracts concerning properties as movables, authentication of testament as defined in this Article shall not be dependent on residency of requesters for authentication.

Thus, the authentication of authorization letter does not depend on the place of residence of the person requesting the endorsement. Therefore, you can authenticate the signature in the authorization letter at the People’s Committees of communes where you temporarily reside according to regulations in Vietnam.

Does authentication of authorization letter need both parties to be present in Vietnam?

In Article 24 of Decree 23/2015/ND-CP, procedures for authentication of signatures are as follows:

1. Requesters for authentication of signatures must present the following papers, documents:

a) Originals or certified true copies of valid ID card or passport;

b) Papers and documents signed by themselves;

2. After carrying out the examination of the papers, documents submitted for authentication to find if they are adequate as prescribed in Clause 1 of this Article, to ensure requesters have a sound mind, be conscious and able to control their behaviors at the time of authentication and that the authentication is not defined in Article 25 hereof, the authenticating person shall ask the requester to sign signatures in public and do the followings:

a) Fully write testimonies for authentication of signatures according to the form as regulated;

b) Sign and write full name, affix seal of the agency that performs authentication and record it in the authentication book.

For papers, documents that have at least two pages, testimonies should be written in the last page, or have at least two sheets, a stamp must be affixed on its adjoining edges.

3. For the authentication of signatures that is performed at an agency that receives and returns responses according to the single-window system, the document-receiving official shall carry out the examination of papers, documents. Upon finding that the requester meets all conditions set out in Clause 2 of this Article, such requester is required to sign on the papers, documents that need authentication and hand it over to competent persons for authentication.

4. Procedures for authentication of signatures as defined in Clauses 1, 2 and 3 of this Article shall be also applied in the following cases:

a) Authentication of signatures of multiple people on the same paper, document;

b) Authentication of signatures of resume declarant;

c) Authenticate signatures on papers and documents prepared by individuals according to the law provisions;

d) Authentication of signatures on power of attorney with respect to empowerment without pay and responsibilities undertaken by attorney in fact and bearing no relation to transfer of ownership of assets and real estate use rights.

According to this Article, authentication of authorization letter has no remuneration, no responsibilities undertaken by attorney, and is not related to transfer of ownership of assets and real estate use rights. In the case of authentication of authorization letter with remuneration, responsibilities  of the attorney and related to the transfer of property ownership or land use rights, the contract or transaction will be authenticated. And forcing both parties to be present and sign in front of the person performing the authentication as prescribed in Clause 3, Article 36 of the Decree above in Vietnam.

Best Regards!