If you live abroad and need someone to act for you in Vietnam, you can authorise a lawyer, relative or other trusted person by a written authorisation, either a unilateral authorisation letter or an authorisation contract signed by both sides; for many purposes it must be notarised, and if signed abroad it usually has to be notarised at a Vietnamese mission or legalised and translated before Vietnamese authorities accept it. The most important part is the scope: what exactly the agent may do, for how long and with what limits.
Foreigners and overseas Vietnamese use authorisations for all kinds of tasks: attending court hearings, dealing with an inheritance, managing a property, closing a company account or collecting documents. This article focuses on choosing the right person and drafting a scope that works, which is where most problems start. The document formalities are covered briefly, because they vary by purpose and change over time; always confirm the current requirements before you sign.
Authorisation letter or authorisation contract
Vietnamese practice distinguishes two common documents. An authorisation letter is a unilateral document signed by the person giving authority. It is often used for simpler tasks, such as collecting a document, submitting a file or attending a meeting. An authorisation contract is signed by both the person giving authority and the agent, and sets out rights and obligations on both sides, including any remuneration. It is used for more significant tasks, and is commonly required for transactions involving property such as land use rights and houses.
Which form you need depends on the task and on what the receiving body accepts. Courts, notaries, land registration offices, banks and enterprise registration authorities each have their own practice. A court may accept a properly formalised authorisation letter for a party in a civil case, while a notary handling a property sale will usually expect an authorisation contract that has itself been notarised.
If you are not sure, ask the body that will receive the document, or ask your lawyer to find out. Preparing the wrong type of document is one of the most common causes of delay for people abroad, because fixing it means another round of signing, notarisation and international courier.
For a company, authority is usually given through a power of attorney signed by the legal representative, sometimes supported by a board resolution. The same principles apply: the receiving body must be satisfied that the signatory has power to grant authority and that the scope covers the task.
Choosing the right agent
A lawyer. For court proceedings, negotiations and anything contentious, authorising your Vietnamese lawyer combines formal representation with professional skill and professional obligations. A lawyer is also bound by confidentiality and can be held to account by a bar association.
A family member. Relatives are often authorised for inheritance matters, property administration and family documents. They know the background and may be on the spot, but they may also have their own interests in the same matter, which can create tension.
A colleague or employee. Companies often authorise a local manager to deal with routine administrative matters. Make sure the authority is limited to the role and ends when the person leaves.
A friend. A trusted friend can be a practical choice for simple tasks. Think carefully before giving a friend authority over money or property, both to protect yourself and to avoid putting the friendship under strain.
Avoid conflicts. Do not authorise someone who is on the other side of the matter, who could benefit personally from the outcome, or who is already acting for another party in the same case. In some situations Vietnamese law expressly prohibits this.
Drafting the scope: what to spell out
A vague scope either gives too much power or leaves the agent unable to act. A well-drafted authorisation states:
- The full identity of the person giving authority and of the agent, matching passports or identity cards exactly.
- The specific matter: the court case with its file number if known, the property with its address and certificate details, the company with its registration details, or the inheritance with the name of the deceased.
- The acts the agent may perform, listed one by one: attend hearings, submit and receive documents, sign specific forms, negotiate, settle, withdraw a claim, receive money, open or close an account.
- Acts the agent may not perform, such as selling, mortgaging, settling for less than a stated amount or receiving cash.
- Whether the agent may delegate the authority to someone else; if this is not stated, delegation is generally restricted.
- The duration, with a clear end date. If no duration is stated, the Civil Code sets a default period, so it is better to choose one yourself.
- Any reporting obligations, such as sending you copies of everything signed within a set time.
When in doubt, separate tasks. One narrow authorisation for attending hearings and another for receiving money is safer than one broad document that covers everything.
If the authority covers money, specify the bank account into which any payment must be made. Requiring payments to go to an account in your own name is one of the simplest ways to reduce risk when you cannot supervise in person.
Signing formalities when you are abroad
Formal requirements depend on the purpose and the receiving body. The main routes are summarised below; confirm the current requirements before signing.
| Route | How it works | Points to check |
|---|---|---|
| At a Vietnamese embassy or consulate | You sign before a consular officer, who certifies the signature or notarises the document under Vietnamese rules. | Appointment availability, which documents the mission can handle, and the form it requires. |
| Before a local notary, then legalised | You sign before a notary in your country, then the document goes through the authentication chain required for use in Vietnam. | Whether consular legalisation is required for your country, and the order of steps. |
| Certified Vietnamese translation | A foreign-language document generally needs a Vietnamese translation, certified in Vietnam or prepared as the receiving body accepts. | Who prepares the translation and whether names and numbers match the originals exactly. |
| Signing in Vietnam on a visit | If you are in Vietnam, you can sign before a Vietnamese notary or, for a letter, have the signature certified locally. | Bring your passport and the exact details of the agent and the matter. |
These steps can take weeks, especially if originals must be couriered. Start early and ask the receiving body or your lawyer to review a draft before you sign, so that you do not repeat the process.
Risks of giving authority, and how to reduce them
An authorisation is powerful. In the wrong hands, or simply drafted too broadly, it can lead to a property being sold, a claim being settled cheaply or money being received and not passed on. These risks are not theoretical; disputes over the misuse of authority appear regularly before Vietnamese courts.
Reduce the risk by keeping the scope narrow, setting a short duration, requiring payments to go to an account in your own name, and asking for copies of every document signed. Ask your lawyer, if the agent is not your lawyer, to keep an eye on what is done under the authority.
Be especially careful with blank or incomplete documents. Never sign an authorisation with blanks for names, amounts or property details to be filled in later. Read the Vietnamese version, not only a translation, and make sure the two say the same thing.
Remember that an agent acting within the authority binds you. If the document allows the agent to settle a dispute and the agent settles, you may not be able to undo the settlement simply because you disagree with it. The time to think about limits is before signing.
Finally, keep your own records. Store a scanned copy of the signed authorisation, the courier receipts, and every report the agent sends you. If a dispute ever arises about what the agent was allowed to do, the document itself and the trail of reports will be the first things a lawyer or a court asks to see.
Changing or revoking an authorisation
Circumstances change: the agent becomes unavailable, trust breaks down, or the task is complete. To end or change authority:
- Decide whether you need to revoke entirely or simply narrow the scope, and whether a new agent should be appointed at the same time.
- Prepare a written revocation, following formalities similar to those of the original authorisation, particularly if the original was notarised.
- Notify the agent in writing and keep proof of delivery.
- Notify every body that received the original authorisation, such as the court, the notary office, the bank or the land registration office, so that they stop accepting acts by the former agent.
- Ask the former agent to return original documents and give an account of what was done under the authority.
Until third parties are informed, they may continue to rely on the old authority in good faith. Prompt notification is therefore as important as the revocation itself.
If the agent dies, loses capacity or simply refuses to continue, the authority may end by operation of law or become unusable in practice. Keep a short list of every body that holds a copy of your authorisation, so that you can act quickly in any of these situations, and consider naming the circumstances in which the authority ends automatically.
When you need a Vietnamese lawyer for an authorisation
You should involve a Vietnamese lawyer when the authorisation concerns a court case, a property transaction, an inheritance, a company or a significant sum of money. A lawyer can tell you which form the receiving body expects, draft a scope that does what you need and no more, and coordinate the signing formalities from Vietnam.
In many contentious matters, the best agent is the lawyer. You then have one person who both represents you formally and is professionally responsible for the work. If you prefer a relative to act, a lawyer can still review the authorisation and advise the relative on the steps.
For simple tasks, such as collecting a document, a short authorisation may be enough without a lawyer. If you are unsure, a quick question to a licensed lawyer on AI Co Van can confirm what type of document is needed before you book an appointment at the embassy.
Whichever route you take, plan backwards from the date the agent must act. Allow time for drafting, review by the receiving body, the appointment at the mission or notary, legalisation where needed, translation and international courier. A realistic timetable is often the difference between a hearing attended by your representative and a hearing that goes ahead without you.
Frequently asked questions
Can you authorise someone in Vietnam while you live abroad?
Yes. You can authorise a lawyer, relative or other person by a written authorisation. Depending on the purpose, it may need to be notarised at a Vietnamese embassy or consulate, or notarised abroad and then legalised and translated for use in Vietnam.
What is the difference between an authorisation letter and an authorisation contract?
An authorisation letter is signed only by the person giving authority and is often used for simple tasks. An authorisation contract is signed by both sides and sets out mutual rights and obligations. Property transactions commonly require a notarised authorisation contract.
How long is a power of attorney valid in Vietnam?
It is valid for the period stated in the document. If no period is stated, the Civil Code sets a default period. To avoid uncertainty, state a clear end date that matches the task.
Can your agent sell your property in Vietnam?
Only if the authorisation expressly allows it and meets the formal requirements for property transactions. If you do not want the agent to sell, mortgage or transfer property, say so explicitly in the document and keep the scope narrow.
Can you cancel a power of attorney?
Yes. Prepare a written revocation, notify the agent and every body that received the original authority, and ask for the return of documents. Until third parties are informed, they may still rely on the old authority.
Should your lawyer be your authorised representative in court?
In many contentious cases, yes. Authorising your lawyer means one professional both represents you formally and is accountable under professional rules. A relative can act in some matters, but may lack the skills to handle procedure and evidence.