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The Definitive Guide to Power of Attorney: Understanding the Legal Landscape in the Modern Age

"Authorizing someone to act on your behalf is a crucial step that often requires legal documentation. Today, we will guide you through the process of creating a power of attorney in 2021, ensuring you navigate this important task with ease and compliance."

Administrator

14 October, 2024

A power of attorney is an indispensable legal document for individuals or organizations conducting business. This article will serve as your comprehensive guide to the latest procedures for creating a power of attorney in 2021. Stay tuned and keep reading!

1 Understanding Power of Attorney:

While there is no single official document that defines the concept, a power of attorney is referenced in specialized legal texts. It involves authorizing an individual or organization to act and make decisions on the grantor’s behalf, within the specified scope outlined in the document.

Understanding Power of Attorney

Here are some key legal provisions regarding the execution of a power of attorney:

Article 107 of the Law on Intellectual Property clearly stipulates:

Intellectual Property Law Article 107

1. Any authorization to carry out procedures related to the establishment, maintenance, renewal, amendment, termination, or cancellation of a protected title must be provided in writing and take the form of a power of attorney.

2. The power of attorney should include these essential details:

a) Full name and address of both the grantor and the authorized representative.

b) Clearly defined scope of authorization.

c) Term of authorization, specifying the duration.

d) Date of the power of attorney, indicating when it comes into effect.

e) Signature and seal (if applicable) of the grantor, signifying their agreement.

3. It’s important to note that a power of attorney without a specified term is considered valid indefinitely. However, it can be terminated at the grantor’s discretion by declaring the cancellation of the authorization.

According to Article 2 of Circular No. 04/2020/TT-BTP, any authorization must be provided in writing and notarized or certified as per legal requirements. An exception to notarization is made when the authorized representative is a direct relative (parents, spouse, children, or siblings) of the grantor.

2 Procedures for Creating a Power of Attorney:

Step 1: Document Preparation

Prepare the Necessary Documents

Documents required by the grantor:

– Identity card/passport and household registration book of the grantor. In cases of authorization regarding joint property, documents from both spouses are necessary.

– Marriage certificate, specifically when the authorization involves joint property, such as real estate.

– Certificate of ownership or other relevant documents, which could include a business registration certificate, invitation letter, or summons.

Documents required by the authorized representative:

– Identity card or passport of the individual serving as the authorized representative.

– Household registration book of the authorized representative.

Step 2: Submission

Submit the prepared documents to the receiving officer for further processing.

Step 3: Notarization or Certification

Notarization or Certification Process

If notarization is not a requirement for the specific power of attorney, this step can be skipped. Otherwise, proceed to the next part.

After gathering all the necessary documents, the grantor should contact a notary public or the People’s Committee to initiate the notarization or certification process for the power of attorney/authorization contract.

Step 4: Payment and Receipt

The applicant completes the process by paying the prescribed notarization fee and receiving the notarized power of attorney along with an official receipt.

This article aims to provide you with valuable information to navigate the authorization process effectively. We hope it helps!

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Frequently asked questions

A power of attorney is a legal document that authorizes an individual or organization to act and make decisions on behalf of the grantor, within a specified scope. It is indispensable for those conducting business as it facilitates decision-making and authorizes actions in the grantor’s absence.

According to Article 107 of the Law on Intellectual Property, any authorization related to protected titles must be in writing and take the form of a power of attorney. Essential details include full names and addresses of involved parties, a clearly defined scope of authorization, the term of authorization, the date of effectiveness, and the grantor’s signature and seal. Article 2 of Circular No. 04/2020/TT-BTP also emphasizes the requirement for written and notarized authorization, unless the authorized representative is a direct relative.

Firstly, prepare the necessary documents, including identity cards/passports, household registration books, marriage certificates, and ownership certificates/business registration documents. Secondly, submit these documents to the receiving officer. Thirdly, if required, initiate the notarization or certification process through a notary public or the People’s Committee. Finally, complete the process by paying the prescribed fee and receiving the notarized power of attorney and official receipt.

Yes, according to the legal provisions, a power of attorney without a specified term is considered valid indefinitely. However, the grantor has the discretion to terminate it at any time by declaring the cancellation of the authorization.