19 cases of ineligibility for authorization - 19 trường hợp không được ủy quyền

Authorization is an event in which a person represents another to perform one or several duties within the predetermined scope of authorization. However, authorization is not always permitted in every case. Laws have specific regulations on cases in which authorization is not permitted.

1. Marriage registration

When registering marriage, both spouses-to-be must be present.

(Pursuant to regulations on marriage procedures stated in the Decision No. 3814/QD-BTP)

2. Divorce

You may consult with your lawyer or person authorized to protect your legal rights and interest to complete several required divorce procedures. Even in such case, you are obliged to be present at the divorce trial and sign in court minutes or declaration forms.

Article 85. Representatives

4. The proxy representatives as defined in the Civil Code shall be the proxy representatives in the civil procedures.

For the divorce, the involved parties must not designate any other persons to participate in the procedure on their behalf. If parents or other relatives of the involved parties petition the Courts to resolve the divorce cases as prescribed in clause 2 Article 51 of the Law on marriage and family, they such be the representatives.

Civil Procedure 2015

4. The proxy representatives as defined in the Civil Code shall be the proxy representatives in the civil procedures.

For the divorce, the involved parties must not designate any other persons to participate in the procedure on their behalf. If parents or other relatives of the involved parties petition the Courts to resolve the divorce cases as prescribed in clause 2 Article 51 of the Law on marriage and family, they shall be the representatives.

(2015 Civil Procedure Code)

3. Notarization of testaments

A testator shall personally request notarization of his/her testament but may not authorize another person to request the notarization.

(Pursuant to Article 56 in the 2014 Law onNotarization)

4. Legitimate rights and interests of the represented person contrary to those of the representing person

For instance, the authorization must be prohibited if the represented person is also the involved party in the same case involving the representing person in which legitimate rights and interests of the represented person are opposite to those of the representing person.

(Pursuant to point a of clause 1 of Article 87 in the 2015 Civil Procedure Code)

5. Rights and interest of the person currently authorized by another involved party in the same case in contrast to those of the person that will grant authorization   

For instance, authorization must be prohibited if the represented person is the representative at law in civil procedures for other person (the person already granting authorization) whose legitimate rights and interests are contrary to those of the representing persons in the same case (person who will grant authorization).

(Pursuant to point b of clause 1 of Article 87 in the 2015 Civil Procedure Code)

6. Authorizing other person to be accused of crime

In accordance with the Criminal Code, regulations on sanctions mean to deter and educate the person committing crimes. Therefore, if it is permissible to authorize another person to be accused of crime on behalf of the accused, the purpose of the Criminal Code will be deteriorated.

7. Cases of ineligibility for granting authorization in criminal procedure

- Heads and vice heads of investigation authorities are not allowed to authorize investigators to implement their duties and rights.

- Heads and Deputies of affiliates of the Border Guard, Customs, Ranger, Coastguard and Fishery Resources Surveillance forces are allowed to assign duties to perform several investigation activities; People’s Police and Army forces are not allowed to authorize investigators to implement duties and rights on their behalf.

- Heads and Vice Heads of the Procuracy are not allowed to authorize procurators to implement duties and rights on their behalf.

- Chief Justices and Deputy Chief Justices are not allowed to authorize the Judges to implement duties and rights on their behalf.

(Pursuant to the 2015 Criminal Procedure Code)

8. Provincial and district-level People's Committees accorded authority to decide to allocate, rent land and permit changes in purposes of use of land are not allowed to grant authorization.

(Pursuant to clause 4 of Article 59 in the 2013 Law on Land)

9. During administrative proceedings, the authorized person is not allowed to authorize another third-party person

(Pursuant to clause 5 of Article 60 in the 2015 Administrative Proceeding Law)

10. Chairpersons and members of the Management Boards of credit institutions operating in cooperative form are not allowed to authorize persons who are not members of Management Boards to implement rights and obligations on their behalf.

(Pursuant to clause 5 of Article 81 in the 2010 Law on Credit Institutions)

11. Agencies mandated to issue regulatory documents providing detailed regulations are not allowed to re-mandate others 

(Pursuant to clause 2 of Article 11 in the 2015 Law on Issuance of Legislative Documents)

12. Administrative state authorities or entities at localities that receive authorization are not allowed to re-authorize others to act on their behalf to implement duties and rights authorized by superior administrative authorities.

(Pursuant to clause 2 of Article 14 in the 2015 Law on Local Government Organization)

13. Issuance of criminal record check No. 2

Persons requesting issuance of criminal record check No.2 are not allowed to authorize others to complete application procedures for granting criminal records.

(Pursuant to clause 2 of Article 46 in the 2009 Law on Criminal Record Checks)

14. Prime Minister, Minister of Finance, Minister of National Defence, Minister of Public Security, Minister of Transport, Minister of Agriculture and Rural Development, Minister of Health, Minister of Industry and Trade and Chairmen/Chairwomen of provincial-level People’s Committee are not allowed to authorize issuance of asset purchase decisions

(Pursuant to clause 3 of Article 14 in the 2008 Law on Asset Purchase and Appropriation)

15. Owners of real property projects are not allowed to authorize stakeholders in investment cooperation, joint venture, partnership or business cooperation or capital contribution to sign contracts to sell, purchase, transfer, hire and purchase real estates.

(Pursuant to clause 5 of Article 13 in the 2014 Law on Real Estate Business)

16. Respondents are not allowed to authorize others to act on their behalf to answer questions at the meetings of the National Assembly, National Assembly Standing Committee, People’s Council and Standing Committee of People’s Council

(Pursuant to the 2015 Law on Surveillance ofNational Assembly and People's Council)

17. Making deposits into accounts at credit institutions

Pursuant to point a of clause 1 of Article 8 in the Rules for saving deposits annexed to the Decision No. 1160/2004/QD-NHNN

18. Registering for legally becoming a parent or child

Pursuant to Article 25 and Article 47 in the 2014 Law on Civil Status

19. Persons are not allowed to authorize income-paying entities to file tax finalization returns in the following cases:

- If a person who fulfills eligibility requirements for granting authorization as prescribed in point 1 above has already been issued with documents evidencing PIT deductions by an income-paying entity, his/her authorization for submission of tax finalization returns given to that income-paying entity will be illegal (except if that income-paying entity has managed to get back and discard documents evidencing PIT deductions).

- Person paid income in salary and wage form has signed an employment contract lasting for the minimum period of 3 months at an entity but no longer works there.

Any person earning income from salaries or wages has entered into an employment contract lasting for the minimum period of 03 months at an income-paying entity, and has the irregular income on which taxes have not been withheld yet or have not been withheld in full (even if such income has not yet reached the rate subject to tax withholding, or has reached the rate subject to tax withholding but taxes on such income have not been withheld).

- Person earning income from salaries and wages has signed an employment contract lasting for at least 3 months at multiple income-paying entities.

- Person only earns the irregular income on which tax is withheld at the 10-percent rate (even if he/she earns the irregular income from only one source).  

- Person has not registered tax identification number yet.

- If a resident person earning income from salaries or wages is entitled to tax reduction due to natural disasters, conflagration, accidents and fatal diseases, he/she will not have the right to authorize submission of tax finalization returns and will, on his/her own, have to submit tax finalization returns, enclosing application documents for tax reductions, according to instructions given in clause 1 of Article 46 in the Circular No. 156/2013/TT-BTC.

Pursuant to the Official Dispatch No. 5749/CT-TNCN

>>> Reading in Vietnamese: 19 trường hợp không được ủy quyền