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.
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.
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.
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
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