1. What is authorization? Regulations on authorization?
1.1. The concept of authorization
First, it should be affirmed that authorization is not a form of transfer. Authorization is understood as an individual/organization allowing another individual/organization the right to represent them in deciding and carrying out a certain legal action, and still being responsible for the authorization. / allows that.
Authorization is the basis for establishing the relationship between the representative and the person authorized to represent, and is also the basis for the principal to receive the legal results arising from the act of authorization.
1.2. Legal regulations on authorization
1.2.1. Form of power of attorney
In fact, authorized representation is very common, the parties can agree in many ways, including verbally, but in certain cases, authorization must be in writing to be valid. .
1.2.2. Subjects in legal relations are represented by authorization
Authorized representatives include the following types:
(i) Authorized representative of the individual
(ii) Authorized representative of the legal entity
(iii) Authorized representative of the household or representative cooperative group: There is one point that everyone needs to note that the authorized representative can only be a member of that family or cooperative group. And the authorized person must be a person with full capacity for civil acts, except for the cases specified in Clause 2, Article 143 of the Civil Code.
1.3. The legal basis for determining the authorization relationship is the authorization contract or power of attorney
(i) Authorization contract: The most prominent feature is that when entering into an authorization contract, both parties are obliged to sign it.
(ii) With a power of attorney, this requirement is not mandatory.
Authorization contracts and power of attorney papers are required by law, however, the agreement between the parties is respected in choosing the form of notarization and authentication of their Power of Attorney.
In short, authorization is a necessary legal means to carry out civil legal transactions to create conditions for individuals, legal entities and other people in civil legal relationships to participate in legal transactions. civil law in the most convenient way and ensuring quick satisfaction of the interests of interested parties.
2. What is property inheritance?
According to the provisions of the Civil Code, inheritance is the transfer of property from a deceased person to a living person. The inheritance that the deceased leaves behind is called the estate. Inheritance is divided into testamentary inheritance and legal inheritance.
3. Is it authorized to inherit property?
If the beneficiary lives far away and cannot return to the locality to complete the will probate procedure, he or she can authorize another person to complete this procedure. Two people can go to any state agency at their place of residence to request a notarization of the power of attorney to inherit property according to the order and procedures prescribed by the Notary Law and relevant documents.
According to the provisions of Article 55 of the Notary Law 2014 :
1. When notarizing authorization contracts, the notary is responsible for carefully checking the documents, clearly explaining the rights and obligations of the parties and the legal consequences of that authorization to the participating parties.
2. In case the authorizing party and the authorized party cannot go to the same notary practice organization, the authorizing party shall request the notary practice organization where they reside to notarize the authorization contract; The authorized party requests the notary practice organization where they reside to notarize the original authorization contract and complete the authorization contract notarization procedure.
In case the authorizer, the authorized person and the beneficiary of the inheritance cannot go to the same notary organization to notarize this authorization contract, they can follow the instructions of the Notary Law 2014 as follows: after:
“ In case the authorizing party and the authorized party cannot go to the same notary practice organization, the authorizing party shall request the notary practice organization where they reside to notarize the authorization contract; The authorized party requests the notary practice organization where they reside to notarize the original authorization contract and complete the authorization contract notarization procedure .
4. What are the procedures for authorizing inheritance of property?
Step 1: Prepare documents
(i) Documents that need to be prepared by the authorizing party to inherit assets include:
a. Identity card/passport, household registration book of the authorizing party
b. Documents proving the marital relationship of the party authorizing the inheritance of property (in case of donating common property such as real estate, etc.);
(ii) Documents that the person authorized to inherit the property must prepare include:
a. Identity card or passport of the authorized person
b. Household registration of the authorized person.
Step 2: Send the application to the employee and the employee receives the application
Step 3: Notarize or authenticate the power of attorney
If the power of attorney does not require notarization or authentication, you can skip this step and move to the next step which is to create a power of attorney, have the parties sign and seal.
After preparing the above documents, the authorizing party submits a request to the notary agency or People’s Committee to notarize or authenticate the power of attorney/authorization contract.
