AUTHORIZATION AND CASES THAT ARE NOT AUTHORIZATION UNDER CURRENT LAW (UPDATED 2024

AUTHORIZATION AND CASES THAT ARE NOT AUTHORIZATION UNDER CURRENT LAW (UPDATED 2024–2025)

AUTHORIZATION AND CASES THAT ARE NOT AUTHORIZATION UNDER CURRENT LAW (UPDATED 2024–2025)

I. General overview of authorization under Vietnamese law
According to the provisions of the 2015 Civil Code and specialized laws, authorization is the act of an individual or organization allowing another entity to establish and perform one or several legal acts on its behalf. This is a form of authorized representation, arising from the agreement of the two parties, expressed in two forms:

Authorization contract (Articles 562–569 of the 2015 Civil Code): Established by agreement, clearly defining the rights and obligations of the two parties.
Authorized representation (Article 138 of the 2015 Civil Code): Applicable to administrative management cases, simple civil transactions; may require certification/notarization according to regulations

The nature of the authorization relationship includes three main elements:
The voluntary will of the authorizer (Article 117 of the 2015 Civil Code).
The scope of representation is only within the authorized limits (Article 141 of the 2015 Civil Code).
The legal consequences are borne by the authorizer if the act is within the authorized scope (Article 143 of the 2015 Civil Code).
The authorization relationship ends when (Article 569 of the Civil Code):
The term expires or the work is completed;
One of the two parties dies, loses civil capacity, or goes missing;
The authorizer revokes or the authorized person refuses;
The legal entity ceases to operate.

Although the law allows for broad authorization, there are many cases where authorization is absolutely not allowed, especially related to:
Personal relationships;
Personal will;
State management authority;
Acts requiring direct personal presence;
Risk of conflict of interest or fraud.

II. Cases not allowed for authorization under current law

1. Civil – marriage – household registration
1.1. Marriage registration
Both the man and woman must be present in person, no authorization is allowed.
(Article 18 of the 2014 Law on Civil Status; Procedure 3814/QD-BTP).
1.2. Divorce
According to Clause 4, Article 85 of the Civil Procedure Code – VBHN 2020:
The parties are not authorized in divorce.
In case the parents/relatives request a divorce on their behalf according to Article 51 of the 2014 Law on Marriage and Family, they are the legal representatives, not authorized.
1.3. Registration of recognition of father – mother – child
The parties must be present in person, no authorization is allowed.
(Clause 1, Article 25 of the 2014 Civil Status Law).
1.4. Notarization of one's own will (Applying the 2024 Notarization Law)
According to Article 51 of the 2024 Notarization Law:
The testator himself/herself requests notarization.
The notary must check: clarity of mind – voluntariness – capacity to act.
The testator signs/fingerprints in front of the notary.
→ No authorization is allowed in any case.
1.5. The authorized person has opposing interests
No authorization is allowed if there is a conflict of interest.
(Point a, Clause 1, Article 87 of the Civil Procedure Code – VBHN 2020).
1.6. Representing other litigants with opposing interests
(Point b, Clause 1, Article 87 of the Criminal Procedure Code – VBHN 2020).

2. Criminal field
2.1. Not authorized to “take the blame on behalf of”
Based on the principle of individual criminal responsibility (Article 5 of the 2015 Penal Code).
2.2. Procedural positions not authorized
Article 36 of the 2015 Penal Code: Chief, Deputy Chief of Investigation Agency.
Article 39: Commander of specialized forces.
Article 41: Chief, Deputy Chief of the People’s Procuracy.
Article 44: Chief Justice, Deputy Chief Justice of the People’s Court.
→ This is a public authority, not to be reassigned.

3. Administrative field – state management
3.1. Provincial and district-level People's Committees are not authorized to decide on land
Clause 4, Article 30 of the 2024 Land Law:
Provincial and district-level People's Committees are not authorized to allocate land, lease land, reclaim land, or change land use purposes.
3.2. Authorized persons are not authorized to re-authorize
Clause 5, Article 60 of the 2015 Law on Administrative Procedures.
3.3. Agencies assigned to issue detailed regulations are not authorized to continue
Clause 2, Article 11 of the Law on Promulgation of Legal Documents - VBHN 2025.
3.4. Local administrative agencies receiving authorization are not authorized to continue
Clause 3, Article 4 of the Law on Organization of Local Government 2015.
3.5. Not authorized to request LLTP Certificate No. 2
Clause 2, Article 46 of the Law on Judicial Records - VBHN 2020.
3.6. Not authorized to answer questions before the National Assembly/People's Council
(Article 16 of the Law on Supervision Activities of the National Assembly & People's Council 2015).

4. Economic - financial - tax - banking fields
4.1. Members of the Board of Directors of credit institutions are not authorized
Article 41, Article 60 of the Law on Credit Institutions 2024.
4.2. Not authorized to decide on requisitioning - requisitioning assets
Article 27 of the Law on Requisitioning - Requisitioning Assets - VBHN 2020.
4.3. Real estate investors are not authorized to sign contracts
Clause 3, Article 44 of the Law on Real Estate Business 2023 (effective January 1, 2025).
4.4. Savings deposits must be made in person, no authorization is allowed (Updated Circular 48/2018/TT-NHNN)
According to Article 5 of Circular 48/2018/TT-NHNN:
Clause 1: Depositors must go directly to the bank to deposit money.
Clause 2: Withdrawal is only authorized if there is a valid document.
Clause 3: In case of legal representatives (children, incapacitated persons, etc.), authorization is not required.
→ Savings deposits are absolutely not authorized.
4.5. Cases where personal income tax settlement is not authorized
According to the Personal Income Tax Law VBHN 2025 and instructions:
Having income from many places;
10% deductible income;
Not working at the place where income is paid at the end of the year;
Deduction certificate has been issued;
No tax code yet.

III. Legal significance of regulations restricting delegation
Regulations prohibiting delegation are not intended to restrict civil rights, but for the following purposes:

Protecting special, non-transferable personal rights (marriage, adoption, making a will, etc.).
Ensuring the presence of an individual so that the competent authority can assess the true will (divorce, adoption of parents and children).
Preventing conflicts of interest in litigation.
Ensuring the responsibility of the head of a state agency.
Ensuring transparency in finance - tax - banking.
Preventing fraud, forgery, and abuse of power.

Therefore, the law maintains legal security, avoiding consequences for both the people and the management agency

MSc. Lawyer Nguyen Hoang Long

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