Establishing a Power of Attorney in another country

Question:

My parents passed away, leaving assets, which are real estate in TTH province, for my sister and me. In 2022, I returned to Vietnam to carry out the inheritance procedures and conveyancing procedures for listing our names on the Certificate of Land Use Rights. Currently, I am working in Australia and cannot return to Vietnam to co-sign the property transfer contract with my sister. I would like to know if I could make a power of attorney in Australia to authorize my sister to carry out the transfer procedures. I sincerely appreciate any explanation from the lawyers. Thank you!

Answer:

Thank you for submitting your question to FDVN Law Firm. In response to your consultation requests, after researching relevant legal regulations, FDVN present our opinion as follows:

Regarding the making of a power of attorney signed abroad, it is regulated as follows:

In Clause 2, Article  55 of the 2014 Notary Law:

“Article 55. Notarization of authorization contracts

…

In case both the authorizing party and authorized party cannot appear together at the same notarial practice organization, the authorizing party shall request the notarial practice organization of the place of residence of the authorizing party to notarize the authorization contract; the authorized party shall request the notarial practice organization of the place of residence of the authorized party to further notarize the original of this authorization contract and complete procedures for notarization of the authorization contract.”

In Clause 1, Article 78 of the 2014 Notary Law:

“78. Notarization by overseas representative missions of the Socialist Republic of Vietnam

1. Overseas diplomatic missions and consulates of the Socialist Republic of Vietnam may notarize testaments, written disclaimers of estate, letters of authorization and other contracts and transactions in accordance with this Law and consular and diplomatic regulations, excluding contracts on purchase and sale, conversion, transfer, donation, lease, mortgage or contribution of real estate as capital in Vietnam.”

Compared with the regulations above, you can notarize the power of attorney contract at the Embassy/Consulate of Vietnam in Australia, and then send the notarized original contract to Vietnam. Subsequently, your younger sister will proceed to notarize that power of attorney contract at one of the notary public organizations where she resides to complete the authorization procedures.

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