Real Estate Power of Attorney for Relatives

A Real Estate Power of Attorney for a relative is a key legal document that allows a property owner to delegate property management authority to a trusted family member. This instrument establishes the agreement between the parties and secures their rights and obligations in accordance with legal regulations. This article provides a technical guide on the essential aspects of this agreement.

Essential Clauses for a Real Estate Power of Attorney

To ensure legal validity and mitigate risks, a Real Estate Power of Attorney should be drafted with the following comprehensive and precise clauses:

1. Identification of Parties: The contract must accurately state the information of the principal (the authorizer) and the agent (the authorized person), including:

• Full name, date of birth.
• Citizen identification card number or passport number.
• Registered permanent address or current place of residence.
• The familial relationship between the principal and the agent.
• Confirmation of the principal’s legal ownership of the real estate.

2. Scope of Authorization: The authorized tasks must be specifically described and clearly defined in the agreement. Depending on the need, the scope may include one or more legal acts such as:

• Managing and supervising the property.
• Repairing, maintaining, exploiting, and leasing the property.
• Executing transactions like transfer, sale, gift, or mortgage (if applicable).
• Representing the principal in dealings with state agencies, organizations, and individuals concerning the real estate. A clear scope prevents disputes or actions exceeding the delegated authority.

3. Specific Content and Tasks: The agreement should explicitly list the duties the agent is permitted to perform, such as signing sale and purchase agreements, completing title transfer procedures, paying taxes, and working with competent authorities. Specifying tasks provides a basis for determining the agent’s responsibilities and powers.

4. Term of Authorization: The duration of the authorization should be clearly defined as:

• A fixed term (specifying the start and end dates).
• A term tied to the completion of a specific task.
• Provisions for renewal or termination of the agreement.

5. Rights and Obligations of the Parties: The agreement must detail the rights and duties of each party.

Principal’s Rights and Obligations:

• To demand the agent perform the agreed tasks correctly.
• To terminate the agreement under the agreed conditions.
• To provide all necessary documents and information for the authorized work.

Agent’s Rights and Obligations:

• To perform tasks within the authorized scope.
• To report on performance and be responsible for fulfilling obligations.
• To request support from the principal when necessary.

A comprehensive and clear Real Estate Power of Attorney protects the legal interests of both parties and serves as a critical basis for resolving potential disputes.

>>> See more at: LATEST BILINGUAL POWER OF ATTORNEY CONTRACT FOR REAL ESTATE MANAGEMENT 2025

Procedure for Authorizing Real Estate Management

Delegating real estate management is a common civil transaction, particularly when owners cannot manage their property directly. To ensure legal validity, the authorization procedure must comply with the Civil Code 2015 and the Notarization Law 2024.

Required Documents

• Draft of the Real Estate Power of Attorney.
• Personal identification documents of the parties (valid ID card/Citizen ID/Passport).
• Certificate of Land Use Rights, Ownership of Housing, and Other Assets Attached to Land (the “Pink Book”).
• Other documents proving legal ownership (if any), such as inheritance documents, gift contracts, or property division agreements.
• Note: It is advisable to contact the notary office or commune-level People’s Committee in advance to confirm specific document requirements.

Authorization Process

1. Case: All Parties are in Vietnam

At a Notary Office:

• The parties go to a public or private notary office to draft and notarize the Real Estate Power of Attorney.
• The notary checks the documents, confirms the parties’ voluntariness and legal capacity, and has the parties sign or fingerprint the document in their presence.
• The agreement is recorded in the notary’s register, stamped, and original copies are provided to the parties.
• Processing time: from a few hours to a maximum of 2 working days.

At a Commune-Level People’s Committee (UBND):

• Submit the dossier at the Justice Division of the commune-level UBND.
• The official checks the documents, confirms voluntariness, and authenticates the signatures.
• Note: The UBND only has the authority to authenticate signatures on the document, not to notarize the real estate-related content of the contract itself.

2. Case: The Principal is Abroad

Method 1: At a Vietnamese Diplomatic Mission Abroad

• Complete the procedure at a Vietnamese Embassy or Consulate.
• Send the authorized document back to Vietnam for use.

Method 2: At a Local Notary in the Foreign Country

• Notarize the document at a legal notary office in the foreign country.
• Have the document translated into Vietnamese and undergo consular legalization at a Vietnamese diplomatic mission.
• Send the legalized document to Vietnam for use.

3. Validity and Legal Value

• A Real Estate Power of Attorney takes effect from the moment of notarization or authentication, unless otherwise agreed by the parties.
• The agent has the right to represent the principal within the agreed scope.

Mandatory Notarization of a Power of Attorney

Under the Civil Code 2015, Land Law 2024, and Notarization Law 2024, notarization is not mandatory for all power of attorney agreements. However, for authorizations involving real estate—especially management, transfer, gift, mortgage, or exercising other rights over land use rights and housing ownership—notarization is highly recommended to ensure legal validity and mitigate dispute risks.

A notarized Real Estate Power of Attorney holds high evidentiary value, is recognized by competent state agencies, and serves as the legal basis for the agent to conduct transactions.

Scope of Notarization under Article 44 of the Notarization Law 2024:

• Notaries can only notarize contracts and transactions related to real estate within the province or city where their notary office is located.
• However, there are three exceptions allowing for out-of-province notarization:
  1. Wills.
  2. Documents for disclaiming an inheritance that is real estate.
  3. A Real Estate Power of Attorney related to exercising rights over real estate. Therefore, a Real Estate Power of Attorney can be notarized at any notary office nationwide, regardless of the property’s location.

>>> See more at: Do the authorization contracts need to be notarized or authenticated?

Key Considerations for Implementation

A Real Estate Power of Attorney must adhere to principles of equality and non-discrimination. The content must respect the parties’ freedom of will and agreement. The contract must not violate legal prohibitions, social ethics, or the legitimate interests of others.

Sub-authorization by the Agent

According to Article 564 of the Civil Code 2015, an agent may only sub-authorize to a third party in two cases:

1. With the consent of the original principal.
2. Due to a force majeure event where, without sub-authorization, the purpose of the original transaction for the principal’s benefit cannot be achieved. The sub-authorization must not exceed the scope of the original authorization, and its form must be consistent with the original Real Estate Power of Attorney.

Authorization by Real Estate Developers

Under Clause 4, Article 17 of the Law on Real Estate Business 2023, a project developer is prohibited from authorizing another organization or individual—including relatives—to sign the following contracts:

• Deposit agreements.
• Sale, purchase, or transfer agreements.
• Lease-purchase agreements for houses or construction works.
• Contracts for the transfer of land use rights with technical infrastructure in a project. These contracts must be signed directly by the developer to ensure transparency and protect buyers’ rights.

Consulting Services from Long Phan Consulting Company

When managing real estate, creating a Real Estate Power of Attorney for a relative is a common practice. However, to ensure the document is legally sound and to prevent disputes, seeking legal advice from the drafting stage is essential.

With a team of lawyers specializing in civil law and real estate transactions, Long Phan PMT (a brand of Long Phan Consulting Company) offers comprehensive consulting and support. We help clients build a legally robust Real Estate Power of Attorney.

Our services include:

• Consulting on the conditions, scope, and form of authorization.
• Drafting a custom Real Estate Power of Attorney that clearly defines rights, obligations, and responsibilities.
• Assisting with the preparation of necessary legal documents for notarization or authentication.
• Representing clients at notary offices and other competent agencies.
• Advising on handling disputes related to the Real Estate Power of Attorney.

Frequently Asked Questions

Here are common questions about a Real Estate Power of Attorney for relatives.

Remuneration for the Agent

It is not mandatory. Authorization between relatives is often based on mutual support, so the parties can agree to no remuneration. If remuneration is agreed upon, it must be clearly stated in the contract.

Responsibility for Incurred Costs

The principal is obligated to pay reasonable expenses incurred by the agent while performing the authorized work, unless otherwise agreed. The contract should specify anticipated costs (e.g., travel fees, administrative fees, taxes) and which party is responsible for payment.

Legal Consequences of an Agent Exceeding Authority

A transaction performed by an agent beyond the authorized scope does not create rights or obligations for the principal. The agent is personally liable for the portion of the transaction that exceeds their authority (ultra vires).

Difference Between a Power of Attorney Agreement and a Letter of Authorization

A Power of Attorney Agreement (Hợp đồng ủy quyền) is a bilateral agreement involving consent from both parties, typically used for complex, long-term tasks. A Letter of Authorization (Giấy ủy quyền) is a unilateral legal act from the principal, often used for simple, specific tasks. For real estate transactions, a Real Estate Power of Attorney agreement is the recommended form.

Notarization Fees

Notarization fees are based on legal regulations and typically depend on the property’s value or the scope of work. In addition to the official fee, there may be a notary remuneration for services like drafting and consultation.

Validity of a Notarized Copy

A certified copy issued from the notary’s original register has the same legal value as the original and can be used in transactions. However, some agencies may require the original for verification.

Procedure for a Lost Notarized Power of Attorney

If the document is lost, the parties should contact the notary office where it was executed to request a certified copy from the master register. This copy serves as a valid replacement.

Authorizing Multiple Agents

The law does not prohibit authorizing multiple people to manage one property. However, to avoid complexity, the contract must clearly define the scope of authority and the coordination or decision-making mechanism for each agent.

Conclusion

For expert assistance with a Real Estate Power of Attorney for a relative, contact Long Phan Consulting Company at 1900 636389. Our professional team will provide detailed advice on the drafting process, notarization procedures, and related legal issues to protect your interests.