In civil, commercial, and administrative transactions, authorization to implement legal dossiers is a common solution that helps individuals and organizations save time and effort. However, some people still don’t fully understand the nature of authorization, the relevant legal regulations, as well as potential issues arising during the authorization process. The following article clarifies main matters related to authorization to implement dossiers.
I. Overview of authorization to implement dossiers
Authorization to implement dossiers refers to a situation in which an individual or organization authorizes another person to act on its behalf in complete administrative, legal, or documents-related procedures.
Such an authorization is widely used in various sectors such as business, land, civil status, taxation, and insurance. Authorization may be established through an authorization contract or a power of attorney, depending on the nature and requirements of each transaction.
II. Legal regulations on authorization to implement dossiers
1. Definition of authorization to implement dossiers
Clause 1 Article 134 of the Civil Code 2015 provides:
- Representation means an individual or legal entity (hereinafter collectively referred to as the representative) acting in the name of and for the benefit of another individual or legal entity (hereinafter collectively referred to as the represented person) in establishing and executing civil transactions.
In addition, Article 135 of the Civil Code 2015 provides:
- Representative authority shall be established by authorization between the represented person and the representative (hereinafter referred to as authorized representation); by a decision of a competent state authority, by the charter of a legal entity, or in accordance with provisions of law (hereinafter collectively referred to as legal representation).
Accordingly, authorization to implement dossiers may be understood as the act whereby the authorizing party grants authority to the authorized party to represent the authorizing party in executing specific procedures.
2. Cases in which authorization to implement dossiers is permitted
Under current regulations, authorization is an agreement between the parties whereby the authorized party acts on behalf of the authorizing party to execute one or more specific tasks. Most civil transactions permit authorization to implement dossiers. However, there are certain special cases in which authorization is not permitted by law, such as:
- Marriage registration (Section 8, Chapter III of Decision No. 3814/QĐ-BTP dated December 7, 2012);
- Divorce proceedings (Clause 4 Article 85 of the Civil Procedure Code 2015);
- Registration of parent-child recognition (Clause 1 Article 25 of the Law on Civil Status 2014).
Therefore, when granting authorization, the parties must carefully review relevant legal provisions to ensure compliance and the validity of the authorization document.
3. Termination of authorization to implement dossiers
Clause 3 Article 140 of the Civil Code 2015 provides that authorized representation shall terminate in the following cases:
- In accordance with the agreement of the parties;
- Upon expiry of the authorization term;
- Upon completion of the authorized task;
- When the represented person or the representative unilaterally terminates the authorization;
- When the represented person or the representative, being an individual, dies; or when the represented person or the representative, being a legal entity, ceases to exist;
- When the representative no longer satisfies the conditions prescribed in Clause 3 Article 134 of the Civil Code;
- Other grounds render the representation impossible to execute.
Accordingly, authorization to implement dossiers shall terminate if it falls under one of the cases mentioned above.
III. Questions regarding authorization to implement dossiers
1. Is remuneration mandatory when authorizing the execution of dossier procedures?
Article 562 of the Civil Code 2015 provides:
- An authorization contract is an agreement between the parties whereby the authorized party is obliged to execute tasks in the name of the authorizing party, and the authorizing party is only required to pay remuneration if there is an agreement or where the law so provides.
Accordingly, authorization to implement dossiers does not necessarily require remuneration. The authorizing party is only required to pay remuneration if agreed upon by the parties or as required by law.
2. Is notarization required for authorization to implement dossiers?
Under current regulations, notarization of an authorization contract for implementing dossiers is not mandatory in all cases. However, certain specialized legal documents may require notarization or authentication of the authorization document. For example, Clause 2 Article 6 of the Law on Civil Status 2014 (as guided by Article 2 of Circular No. 04/2020/TT-BTP) provides that authorization for civil status registration must be made in writing and certified in accordance with the law.
Accordingly, depending on the specific sector, authorization to implement dossiers may be required to be notarized or authenticated to satisfy formal legal requirements.
3. What are the current fees for authorization to implement dossiers?
Pursuant to Clause 3 Article 4 of Circular No. 257/2016/TT-BTC, the fees for notarization of contracts and transactions not based on asset value or contract value are as follows:
- Notarization of an authorization contract: 50,000 VND;
- Notarization of a power of attorney: 20,000 VND.
Accordingly, notarization fees for authorization documents are stipulated as above.
IV. Legal consulting services related to authorization to carry out dossier procedures
The above is NPLaw’s article on authorization to carry out dossier procedures under current regulations. With a team of experienced lawyers and legal professionals, NPLaw provides reputable and professional legal services, ensuring optimal protection of clients’ legitimate rights and interests. Should you require legal assistance, please contact NPLaw for consultation and support.
