NGƯỜI LAO ĐỘNG ỦY QUYỀN CHO CÁ NHÂN KHÁC NHẬN LƯƠNG THÌ CÓ CẦN CÔNG CHỨNG, CHỨNG THỰC VĂN BẢN ỦY QUY

NGƯỜI LAO ĐỘNG ỦY QUYỀN CHO CÁ NHÂN KHÁC NHẬN LƯƠNG THÌ CÓ CẦN CÔNG CHỨNG, CHỨNG THỰC VĂN BẢN ỦY QUYỀN KHÔNG? / IS NOTARIZATION OR CERTIFICATION REQUIRED WHEN AN EMPLOYEE AUTHORIZES ANOTHER PERSON TO RECEIVE SALARY ON HIS/HER BEHALF?
Posted date: 05/06/2026

Legal situation: Hello Lawyer, I have entered into a one-year employment contract with Company A. Currently, I would like to authorize my wife to receive my salary on my behalf. Is it mandatory for the power of attorney to be notarized or certified?  I look forward to receiving your advice.

FDVN’s opinion:

Thank you for submitting your question to FDVN Law Firm ("FDVN"). After reviewing the relevant legal provisions, we would like to provide the following advice: 

According to Clause 1 Article 94 of the Labor Code No. 45/2019/QH14 dated November 20, 2019 regarding salary payment principles: 

“1. Employers shall directly, fully and punctually pay salaries to their employees. In the cases where an employee is not able to directly receive his/her salary, the employer may pay it through a person legally authorized by the employee. ”

Accordingly, the law permits an employee to authorize another person to receive salary on his or her behalf when the employee is unable to receive the salary directly. However, such authorization must be lawful.

At present, Vietnamese civil law does not generally require an authorization by one individual to another individual to be notarized or certified. However, guidance issued by tax authorities provides additional requirements in certain circumstances. For example, Official Letter No. 654/TN1-QLDN1 issued by the Tay Ninh Tax Department on 4 February 2026 regarding corporate income tax policies provides, at Section 2, that where an employee of a company does not have a bank account and lawfully authorizes another individual to receive salary on his or her behalf, the company may transfer the salary to the bank account of the authorized person. Such expense may be treated as a deductible expense for corporate income tax purposes, provided that all of the following conditions are satisfied:

- Labor records: There must be a valid employment contract, attendance records, and payroll documents evidencing that the salary expense was actually incurred for the company's production and business activities.

- Validity of the authorization: There must be a Power of Attorney or Authorization Agreement established in accordance with civil law requirements (and notarized or certified by a competent state authority), clearly stating the authorization to receive salary, the personal information of both the principal and the authorized person, and the bank account information of the authorized person.

- Payment documentation: There must be non-cash payment records (for payments of VND 5 million or more) showing the transfer to the authorized person's bank account. The payment description should clearly indicate that the transfer is salary payment made on behalf of the employee pursuant to the relevant authorization document.

Therefore, based on the guidance provided by the Tay Ninh Tax Department, if you authorize another person to receive salary on your behalf under an employment contract, the Power of Attorney or Authorization Agreement should be notarized or certified.

The above constitutes FDVN’s legal opinion based on our review of the applicable legal provisions. We hope that this advice is helpful to you.

Nguyen Thi Huyen Trang - FDVN Law Firm

----------------------------------------------------------------------------------------------------------------------

Lawyers in Da Nang:

2nd Floor, Thu Dung Plaza Building, No. 87 Nguyen Van Linh, Hai Chau Ward, Da Nang City

Lawyers in Hue:

366 Phan Chu Trinh, An Cuu Ward, Hue City

Lawyers in Ho Chi Minh City:

146 Hoang Hoa Tham Street, Gia Dinh Ward, Ho Chi Minh City

Lawyers in Hanoi:

2nd Floor, 23 Nghiem Xuan Yem Street, Dai Thanh Ward, Ha Noi City

Lawyers in Nghe An:

1421 Nguyen Tat Thanh, Quynh Mai Ward, Nghe An Province

2nd floor, Cua Tien Pho Building, Ho Huu Nhan, Truong Vinh ward, Nghe An Province

Lawyers in Gia Lai:

No 61 Pham Van Dong, Pleiku Ward, Gia Lai Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀLUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀLUẬT: https://www.facebook.com/groups/saymengheluat/

Youtube: https://www.youtube.com/c/luatsufdvn

Telegram: https://t.me/luatsufdvn

Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam

Other Articles

Hotline tư vấn: 0772096999
Zalo