The Civil Code is the main law to provide for the issuance of powers of attorney (POAs) in Vietnam. Also known as authorizations, these documents can be used for representation in various proceedings that require signatures. Below, our Vietnamese lawyers explain the conditions under which you can grant a power of attorney and the requirements to meet for it to be valid. You can also rely on us for support in drafting an authorization.
| Quick Facts | |
|---|---|
| Who can grant a power of attorney in Vietnam? | Natural persons and companies |
|
Who can act as an agent/attorney-in-fact? |
– family members, – company representatives (directors/managers), – our lawyers in Vietnam |
|
Special requirements for natural persons granting powers of attorney (if any) |
– they must have full mental capacity, – they must need representation (POAs cannot be granted by people who can act for themselves) |
| Types of powers of attorney in Vietnam | General and specific powers of attorney can be issued in Vietnam. |
| What is a general power of attorney? |
The general power of attorney allows the agent to represent the grantor in various matters. |
| What is a specific power of attorney? |
The specific POA is usually issued to handle a single task and becomes invalid after completion. |
| Can foreigners issue powers of attorney in Vietnam? (YES/NO) |
Yes, foreign citizens can issue powers of attorney. |
| Can foreign powers of attorney be used in Vietnam? (YES/NO) |
Yes, however, they must be translated and notarized before being used. |
| Who can draft powers of attorney in Vietnam? |
– the grantor, – various authorities, – our law firm in Vietnam |
| Possibility to use a POA to open a company in Vietnam (YES/NO) | Yes |
| Possibility to issue a POA for representation in immigration matters (YES/NO) |
Yes, POAs can also be used in immigration matters. |
| Possibility to use a POA in real estate matters (YES/NO) |
Yes, for the sale/purchase of a property |
| Are powers of attorney used in opening bank accounts (YES/NO) |
Yes |
| Special cases where POAs are necessary (if any) |
Foreigners seeking to register trademarks in Vietnam need to issue a POA to a local agent. |
| How long does it take to generate a power of attorney | Around 24 hours |
Table of Contents
Definition and issuance conditions for Vietnamese powers of attorney
According to the Civil Law, the power of attorney is a document through which individuals and companies (known as principals or grantors) authorize a person, lawyer, or a third party (known as attorney-in-fact or agent) to act on his/her/its behalf in performing various actions.
The following requirements must be met when issuing a power of attorney in Vietnam:
- in the case of individuals, the authorization can only be granted if the grantor can be represented (the POA is not valid if the respective person must perform the action him/herself);
- the attorney-in-fact must have full mental capacity to act in the name of the grantor;
- the agent must also have the minimum legal age of 18 to represent a principal (exceptions may apply, and people aged 15 to 18 years can also act as attorneys-in-fact).
You can also benefit from representation based on POAs with our law firm in Vietnam.
Types of powers of attorney in Vietnam
There are several types of Vietnamese POAs people and companies can issue. Some of the most employed are:
- the general power of attorney, which allows the agent to represent the grantor in various matters and has a longer validity;
- the specific power of attorney, which is used by the agent to represent the principal in a single matter following which its validity terminates.
Our Vietnamese lawyers can offer support in drafting both types of POAs in accordance with your needs. We can also offer recommendations if you are unsure about which one you should use.
Common uses of a POA in Vietnam
Powers of attorneys can be used for representation in various matters. Among them, we will mention the following most important:
- business setup;
- bank account opening;
- real estate transactions;
- representation with various authorities;
- intellectual property registration;
- immigration to Vietnam.
For the latter in the list, we offer tailored support through our immigration lawyers who can help you file for residency in Vietnam.
Special powers of attorney in Vietnam
Since we mentioned the support we offer to foreign citizens and investors, please note that, when registering a trademark in this country as a foreigner, you need a local agent to represent you. As such, in this case, the Vietnamese power of attorney is a requirement. This condition applies to non-residents who want to protect trademarks or other types of intellectual property rights.
Feel free to rely on our lawyers for detailed information on this requirement, especially if you plan to register a trademark in Vietnam in the near future.
Most POAs are granted to lawyers in Vietnam
Many times, those who need representation give powers of attorney to lawyers. In Vietnam, these professionals must be registered with the Bar Federation.
According to the latest statistics:
- In 2020, there were 15,107 lawyers registered with the Federation, and most of them were located in Hanoi and Ho Chi Minh;
- There were 5,498 lawyers in Ho Chi Minh;
- 3,850 lawyers offered their services in Hanoi.
Our team can offer various services to clients, including accounting-related ones. For these, you can rely on our accountants in Vietnam.
For representation based on a power of attorney, do not hesitate to contact us.