What are cases of authenticating signatures on authorization letter in Vietnam?

What are cases of authenticating signatures on authorization letter in Vietnam?

Pursuant to Clause 2 Article 14 of the Circular 01/2020/TT-BTP stipulating cases of authenticating signatures on authorization letter in Vietnam as follows:

Authenticating signatures on authorization letter as specified in Clause 4 Article 24 of Decree No. 23/2015/ND-CP

1. Authorization as specified in Point d Clause 4 Article 24 of Decree No. 23/2015/ND-CP that fully satisfy requirements namely no salaries, no compensation obligations for the authorized party and is not related to transfer of asset ownership, immovable property use rights shall be carried out in form of authenticating signatures of authorization letters.

2. According to Clause 1 of this Article, authenticating signatures on authorization letter shall be carried out in following cases:

a) Authorization for submission and receipt of documents unless otherwise specified by the law;

b) Authorization for receipt of pension, postal parcel, allowances and benefits;

c) Authorization for housekeeping;

d) Authorizing household members to loan in Vietnam Bank for Social Policies.

3. With respect to cases of authorization not mentioned under Clause 2 of this Article, authenticating signatures on authorization letters is not allowed; applicants must follow proper procedures for authenticating contracts.

As regulations above, authenticating signatures on authorization letter shall be carried out in following cases:

- Authorization for submission and receipt of documents unless otherwise specified by the law;

- Authorization for receipt of pension, postal parcel, allowances and benefits;

- Authorization for housekeeping;

- Authorization of household members to loan in Vietnam Bank for Social Policies.

Note: With respect to cases of authorization not mentioned above, authenticating signatures on authorization letters is not allowed; applicants must follow proper procedures for authenticating contracts.

What are cases of unaccepted authentication of signatures in Vietnam?

Pursuant to Article 25 of the Decree 23/2015/NĐ-CP stipulating authentication of signatures unaccepted as follows:

Authentication of signatures unaccepted

1. Requesters are not conscious and unable to control their behaviors.

2. Requesters present ID cards or passports that are invalid or falsified.

3. Papers, documents requested for authentication are found containing the information as defined in Article 22 hereof;

4. Papers, documents in the form of contracts except the cases defined in Point d, Clause 4, Article 24 hereof or otherwise as prescribed by the law.

As regulations above, authentication of signatures shall not be accepted in following cases:

- Requesters are not conscious and unable to control their behaviors.

- Requesters present ID cards or passports that are invalid or falsified.

- Papers, documents requested for authentication are found containing the information as defined in Article 22 hereof;

- Papers, documents in the form of contracts except the cases defined in Point d, Clause 4, Article 24 hereof or otherwise as prescribed by the law.

What are requirements for authenticating signatures on authorization letter in Vietnam?

Pursuant to Clause 1 Article 14 of the Circular 01/2020/TT-BTP stipulating requirements for authenticating signatures on authorization letter in Vietnam as follows:

Authenticating signatures on authorization letter as specified in Clause 4 Article 24 of Decree No. 23/2015/ND-CP

1. Authorization as specified in Point d Clause 4 Article 24 of Decree No. 23/2015/ND-CP that fully satisfy requirements namely no salaries, no compensation obligations for the authorized party and is not related to transfer of asset ownership, immovable property use rights shall be carried out in form of authenticating signatures of authorization letters.

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Pursuant to Clause 4.d Article 24 of the Decree 23/2015/NĐ-CP stipulating procedures for authentication of signatures as follows:

Procedures for authentication of signatures

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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.

As regulations above, requirements for authenticating signatures on authorization letter in Vietnam are as follows:

- No salaries.

- No compensation obligations for the authorized party.

- Not related to transfer of asset ownership, immovable property use rights.

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