"Writing an Authorization Letter for Your Wife: Is Notarization Required?"

According to Article 40 of the 2014 Notarization Law and Article 36 of Decree No. 23/2015 dated February 16, 2015, on the issuance of copies from master registers, authentication of copies from originals, authentication of signatures, and authentication of contracts and transactions, the dossier for notarizing a power of attorney contract includes:

1. A pre-drafted power of attorney contract (or may request the notary public at the notary office to draft it).

2. Copies of the identity card or passport that are still valid, of both the principal and the agent.

3. Copies of property ownership certificates, land use rights certificates belonging to the principal, or copies of alternative documents as prescribed by law regarding property ownership and land use rights that the law requires to be registered, in cases where the power of attorney contract involves such property.

Additionally, if the husband or wife authorizes each other, the dossier for notarization must also include a copy of the family household registration and a copy of the marriage certificate. You should note the following issues:

- The copies of documents in the notarization dossier must be photocopies, printed copies, or typed copies with complete and accurate content as the original and do not need to be authenticated.

- When submitting the dossier, the requester for notarization or authentication must present the originals of the documents mentioned above for the notary, authenticator to compare.

- According to Articles 42 and 55 of the 2014 Notarization Law, and Clauses 2 and 6 of Article 5 of Decree No. 23/2015, the principal may submit the dossier for authentication of the power of attorney at the Commune People's Committee where the land property is located or at any convenient notary office to notarize the power of attorney.

The notary, authenticator shall check the documents in the dossier and guide the procedures for the requester of notarization or authentication.

If, at the time of notarization or authentication, the requester for notarization or authentication is clear-minded, aware and in control of their actions, and the content of the power of attorney does not violate the law or social ethics, they will request the requester for notarization or authentication to sign in their presence and perform the notarization or authentication on the power of attorney according to the law.

However, according to Clause 4 of Article 3, Clause 2 of Article 8 of Decree 23/2015, and Article 5 of the 2014 Notarization Law, a document authenticated at the Commune People's Committee does not have the same legal validity as a document notarized at a notary office.

The document authenticated at the Commune People's Committee only has evidentiary value proving the time, location the parties signed the contract or transaction; civil capacity, voluntary will, signature, or fingerprints of the parties participating in the contract or transaction.

The requester for authentication must be responsible for the content, validity, and legality of the documents they request to be authenticated.

Additionally, Clause of Decree No. 23/2015 stipulates that the Commune People's Committee has the authority to authenticate signatures in the Power of Attorney in cases where the authorization is without remuneration, without obligation of compensation from the agent, and not related to the transfer of property ownership or real estate rights.

A notarized power of attorney is valid from the date it is signed and sealed by a practicing notary.

The notarized contract or transaction is enforceable to the parties involved. In case a party does not fulfill their obligations, the other party has the right to request the court to resolve according to the law, unless otherwise agreed by the parties participating in the contract or transaction.

A notarized contract or transaction is valid evidence; the facts and events in the notarized contract or transaction do not need to be proven, unless declared invalid by the court.

According to the 2015 Civil Code and the 2014 Notarization Law as well as Decree No. 23/2015, there are no provisions on the form of the Power of Attorney. However, in practice, the Power of Attorney is still used and can also be notarized and authenticated like a Power of Attorney contract.

If the power of attorney has the signatures of both the principal and the agent, under Articles 385 and 562 of the 2015 Civil Code, essentially the power of attorney is a Power of Attorney contract.

Thus, if the husband authorizes the wife regarding land property rights through a unilateral power of attorney not related to the transfer of land property, it only needs to be authenticated at the Commune People's Committee where the land property is located.

However, if the husband wishes to authorize his wife concerning land property rights related to the transfer of land property through a power of attorney involving both parties signing, it should be notarized at a notary office to ensure the legal validity of that power of attorney.

According to vnexpress

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