What is authorization? Form of power of attorney under Decree 30/2020 in Vietnam

What is authorization? Form of power of attorney under Decree 30/2020 in Vietnam

1. What is authorization?

Currently, Vietnamese law does not have specific provisions on what is authorization. However, based on Article 562 of the Civil Code 2015 on authorization contracts, Authorization contract means an agreement between parties whereby an attorney has the obligation to perform an act in the name of a principal.

Authorization is also one of two forms of representation as prescribed by law as recorded in Article 135 of the Civil Code 2015. Representation rights shall be established according to a power of attorney between a principal and a representative (hereinafter referred to as authorized representation); according to a decision of a competent authority, a charter of a juridical person or as prescribed by law (hereinafter referred to as legal representation).

2. Is the power of attorney an administrative document?

According to the provisions of Article 7 of Decree 30/2020/ND-CP, administrative documents in Vietnam are classified into: Resolutions (for specific purposes), decisions (for specific purposes), directives, rules, regulations, announcements, notices, instructions, programs, plans, proposals, schemes, projects, reports, minutes, statements, contracts, official letters, official telegrams, memos, agreements, powers of attorney, invitation letters, letters of recommendation, leave of absence, mailing notes, dispatch notes, notifications, social letters.

Thus, the power of attorney specified in Decree 30/2020/ND-CP is considered a kind of administrative document and is used in state agencies and organizations in Vietnam.

3. Form of power of attorney under Decree 30/2020/ND-CP and instructions on making it

The form of power of attorney for use in state agencies or organizations specified in Decree 30/2020/ND-CP:

Form of power of attorney under Decree 30/2020

In particular, the content on the Power of Attorney form includes the following information:

(1) Name of the direct managing agency or organization (if any)

(2) Name of the agency, organization or state title issuing the document:

- The name of the agency or organization issuing the document is the official and full name of the agency, organization, or state title of the person competent to issue the document. The name of the agency or organization promulgating the document includes the name of the agency or organization issuing the document and the name of the direct managing agency or organization (if any).

For the name of the agency or organization directly managing in the locality, the name of the province or city directly under the Central Government of Vietnam is added, or the district, district, town, provincial city, city under central authority, or commune, ward, or township where the agency or organization issuing the document is headquartered. The name of the direct managing agency or organization is abbreviated with common phrases.

- The name of the agency or organization that promulgates the document shall be presented in capital letters; the font size is from 12 to 13; the font is vertical, bold, and centered under the name of the direct managing agency or organization; the bottom has a horizontal, solid line with a length equal to 1/3 to 1/2 of the length of the text and placed in proportion to the text.

The name of the directly managing agency or organization is presented in capital letters with a font size of 12 to 13 in a vertical font.

The name of the agency or organization that issues the document and the name of the directly managing agency or organization are presented on single lines. In cases where the name of the agency or organization issuing the document is not known, the name of the directly managing agency or organization can be presented in multiple lines.

(3) Abbreviation of the name of the agency, organization or title of the state issuing the document.

(4) Place name.

(5) Extract the content of the text.

(6) Authorization content.

(7) Abbreviation of the name of the editing unit and the number of copies (if necessary).

(8) Editor designation and number of releases (if necessary).

Nhu Mai

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