Cases of authenticating signatures on authorization letter in Vietnam

Cases of authenticating signatures on authorization letter in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Cases of authenticating signatures on authorization letter in Vietnam

According to Article 14 of Circular 01/2020/TT-BTP, the authentication of 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 is as follows:

- Authorization as specified in Point d Clause 4 Article 24 of Decree 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.

- According to Clause 1 of Article 14 of Circular 01/2020/TT-BTP, 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;

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

- With respect to cases of authorization not mentioned under Clause 2 of Article 14 of Circular 01/2020/TT-BTP, authenticating signatures on authorization letters is not allowed; applicants must follow proper procedures for authenticating contracts.

2. Procedures for authentication of signatures on power of attorney in Vietnam

Specifically, Clauses 1, 2 and 3, Article 24 of Decree 23/2015/ND-CP stipulates the signature authentication procedures as follows:

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

+ Originals or certified true copies of valid ID card or passport;

+ Papers and documents signed by themselves;

- After carrying out the examination of the papers, documents submitted for authentication to find if they are adequate as prescribed in Clause 1 of Article 24 of Decree 23/2015/ND-CP, 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 of Decree 23/2015/ND-CP, the authenticating person shall ask the requester to sign signatures in public and do the followings:

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

+ 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.

- 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 Article 24 of Decree 23/2015/ND-CP, such requester is required to sign on the papers, documents that need authentication and hand it over to competent persons for authentication.

3. Cases of authentication of signatures unaccepted in Vietnam

Pursuant to Article 25 of Decree 23/2015/ND-CP, cases of authentication of signatures unaccepted in Vietnam are as follows:

- 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 of Decree 23/2015/ND-CP;

Originals containing information going against the law and social ethics, information propagating war inciting, anti-Vietnamese socialist regime, distorting history of Vietnamese people, offending reputations, dignities, prestige and citizenship of organizations, individuals.

- Papers, documents in the form of contracts except the cases defined in Point d, Clause 4, Article 24 of Decree 23/2015/ND-CP or otherwise as prescribed by the law.

Point dd, Clause 4, Article 24 of Decree 23/2015/ND-CP stipulates 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.

Ho Quoc Tuan

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