Do the authorization contracts need to be notarized or authenticated?

Article overview

Authorization contracts are an important document in civil transactions. Notarization of authorization contracts is not mandatory in all cases, but may be required in some specific situations. The authorizing party and the authorized party need to clearly understand the rights, obligations and content of authorization to ensure the legality of the contract. In the following article, Long Phan will analyze in detail the notarization requirements for authorization contracts, and related issues.

Do the authorization contracts require notarization or authentication?
Do the authorization contracts require notarization or authentication?

What is an authorization contract?

An authorization contract is an agreement between parties, whereby the authorized party has the obligation to perform work on behalf of the authorizing party. Article 562 of the Civil Code 2015 clearly stipulates this concept.

The basic elements of an authorization contract include:

  • Authorizing party: The person who authorizes the work
  • Authorized party: The person assigned to perform the job
  • Authorization content: Specific work authorized
  • Authorization period: Validity period of authorization
  • Rights and obligations of the parties.

Authorization contracts can be made in written form or oral agreements depending on specific legal requirements. In some cases, an authorization form can be used instead of an authorization contract.

Authorization contract
Authorization contract

Is the authorization contract required to be notarized?

According to Vietnamese law, authorization contracts are not required to be notarized in all cases. Article 55 of the Law on Notarization 2014 only regulates procedures for notarizing authorization contracts, but does not require notarization of this type of contract.

However, there are some special cases that require the authorization contract to be notarized or authenticated:

  1. Authorization for civil status registration: According to Clause 1, Article 2 of Circular No. 04/2020/TT-BTP, authorization for civil status registration must be notarized, except for marriage registration, marriage re-registration and registration. Sign to recognize father, mother, and child.
  2. Authorization of surrogacy agreement: Clause 2, Article 96 of the Law on Marriage and Family 2014 stipulates that the authorization of husband and wife to each other regarding the surrogacy agreement must be made in writing and notarized.
  3. Authorization related to real estate transactions: Many cases of authorization related to real estate transactions require notarization to ensure legality and avoid risks.

Notarizing authorization contracts, although not required in all cases, still brings many benefits, such as:

  • Increase the legality and reliability of contracts;
  • Minimize the risk of future disputes;
  • Ensure the interests of participating parties.

Procedures for notarizing detailed authorization contracts

The process of notarizing an authorization contract includes the following steps:

  1. Prepare and submit documents:
  • Draft authorization contract (if any)
  • Identification documents of the authorizing party and the authorized party
  • Documents proving ownership and use of assets (if authorization related to assets).
  1. Check profile:
  • The notary will check the completeness and validity of the documents. If the application meets the requirements, the notary will accept it and record it in the notary book.
  1. Drafting authorization contracts:
  • If the parties have prepared a draft, the notary will check the content and form.
  • If there is no draft, the notary will draft it at the request of the parties.
  1. Sign:
  • The parties read and check the contract content.
  • Sign each page of the document.
  • The notary records the testimony and signs.
  1. Pay the fee and receive the results:
  • Pay notary fees according to regulations.
  • Receive a notarized authorization contract.

Note: Notaries have the right to refuse to notarize if the contract content violates the law or is contrary to social ethics.

Term of the authorization contract

Article 563 of the Civil Code 2015 stipulates the term of authorization contracts as follows:

  1. The time limit agreed by the parties:
  • The parties can agree on the authorization terms.
  • The deadline may be specifically fixed or extended until the completion of the authorized work.
  1. In case there is no agreement:
  • If the parties do not agree on a term, the validity of the authorization contract is 01 year from the date of establishment of authorization.
  1. Extension and termination of authorization:
  • The parties can agree to extend the authorization contract.
  • The authorization contract can be terminated before its expiration date if there is consent of both parties or according to the provisions of the law.

When drafting an authorization contract, the parties should clearly define the deadline to avoid future disputes. If the authorization work can be prolonged, there should be specific provisions regarding the extension or termination of the authorization.

Agreement between the parties
Agreement between the parties

Authorized contract drafting service in Long Phan

An authorization contract is an important legal document that needs to be drafted strictly to ensure legal validity and the rights of the parties. With many years of experience in the field of contracts, Long Phan provides professional authorization contract drafting services, including:

  • Consulting on the content and form of authorization contracts;
  • Drafting authorization contracts according to specific customer requirements;
  • Check the legality of the authorization contract;
  • Support notarization and authentication procedures (if necessary);
  • Answer questions about the rights and obligations of the parties in the authorization contract.

Authorization contracts are important tools in many transactions. Drafting an authorization contract in accordance with the law will ensure the rights of the parties and avoid legal risks. For support in drafting professional authorization contracts, customers can contact Long Phan via the hotline 0906735386. We are committed to providing high quality consulting services, meeting all of our customers’ needs.