Vietnam Power of Attorney (Giấy Ủy Quyền) for Foreigners: Legal Basis and When You Need One
If you are a foreigner living or working in Vietnam, you will eventually face a situation where you cannot appear in person to sign a document, manage a property, or handle an administrative procedure. Whether you are leaving the country temporarily, dealing with a real estate transaction, or simply want a trusted representative to handle paperwork on your behalf, a power of attorney (Giấy Ủy Quyền) is the legal instrument that makes it possible. The problem is that Vietnamese law does not treat powers of attorney the way common-law systems do. The Civil Code 2015 does not define a single instrument called a “power of attorney” at all — it recognizes two distinct instruments with different legal consequences. Understanding which one you need, how it must be executed, and whether it requires notarization or consular legalization is essential to ensuring your authorization is valid and enforceable in Vietnam.
What Vietnamese Law Actually Recognizes: Two Instruments, Not One
Vietnam’s Civil Code 2015 recognizes two separate legal instruments for granting authority to another person. The difference between them has practical consequences for your rights and obligations.
- The authorization contract (Hợp đồng ủy quyền) — Defined in Article 562 of the Civil Code 2015. This is a bilateral agreement under which one party undertakes to perform work in the name of another. Both the principal and the agent sign, and it creates mutual rights and obligations. Remuneration is payable only if agreed or required by law. Because it is a contract, the principal can demand performance and seek compensation if the agent fails to act.
- The letter of authorization (Giấy ủy quyền) — This is a unilateral instrument. The principal grants authority, and the document takes effect from the principal’s side without the agent needing to sign on to a set of obligations. It is lighter and quicker, typically used for simple, one-off, or internal tasks. However, it does not, by itself, oblige the agent to perform anything.
Do You Need Notarization or Certification? (It Depends on the Purpose)
One of the most frequent questions foreign clients ask is whether a Vietnamese power of attorney must be notarized. The answer is a qualified no — it depends on what the power of attorney will be used for.
- No notarization required: Simple, internal matters that do not involve government authorities or third parties.
- Signature certification required: When the power of attorney will be submitted to a government authority (for example, for visa procedures, temporary residence card applications, or work permit matters).
- Notarization required: Transactions involving assets, real estate, or businesses. This is the strictest level and is generally mandatory for property-related transactions.
If you are executing the power of attorney outside Vietnam, you have two options. You can have it notarized at a Vietnamese diplomatic mission (embassy or consulate) in the country where you are located. Alternatively, you can have it executed and notarized abroad and then put it through consular legalization for use in Vietnam.
Important: Vietnam is not an Apostille signatory. A power of attorney executed abroad must go through the full consular legalization chain under Decree 111/2011/ND-CP. Simply translating the document into Vietnamese is not enough for it to hold legal validity.
Required Documents Checklist for Foreigners
The following documents are required when preparing a power of attorney in Vietnam. Requirements may vary slightly depending on whether you are executing the document inside Vietnam or abroad, and on the specific purpose of the authorization.
- Passport (original and photocopy of the identification page and signature page) — for the principal
- Passport or ID of the authorized party — for the agent
- Visa or temporary residence card — proof of legal entry into Vietnam for foreign individuals
- Draft power of attorney document — prepared in Vietnamese (bilingual versions are acceptable, but authorities often require a Vietnamese version)
- Supporting documents related to the specific task — for example, property ownership certificate, vehicle registration, or contract documents
- Consular legalization application form (if the power of attorney was executed abroad) — Form 01/HPH-LS
- Notarized copy of the power of attorney (if you are submitting on behalf of someone else and need to legalize it for use in Vietnam)
How to Prepare the Power of Attorney: Field-by-Field Breakdown
A valid power of attorney in Vietnam should include the following elements. The more specific you are about the scope of authorization, the less risk of disputes later.
- Principal information: Full name, nationality, passport number, address, and contact details
- Authorized party information: Full name, ID/passport number, address, and contact details
- Scope of authorization: A clear description of exactly what the agent is authorized to do. Avoid vague phrases like “toàn quyền giải quyết” (full authority to handle everything), which are common sources of disputes
- Duration of authorization: If the power of attorney does not specify a validity period, it is valid for one year from the date of execution under Article 563 of the Civil Code 2015. This is particularly important for intellectual property matters, where the 2025 amended IP Law is phasing out indefinite validity
- Commitments of the parties: A statement of legal responsibility for the content of the authorization
- Signatures: Both the principal and the authorized party should sign (or the principal alone, in the case of a unilateral letter of authorization)
Key Vietnamese Terms Translation Table
Use this table to identify the correct terms in your documents. Mismatched terminology is a common cause of delay at notary offices and government agencies.
| English | Vietnamese | Where It Appears |
|---|---|---|
| Power of attorney | Giấy ủy quyền | Unilateral authorization instrument |
| Authorization contract | Hợp đồng ủy quyền | Bilateral contract under Art. 562 Civil Code |
| Principal (authorizing party) | Bên ủy quyền | Party granting authority |
| Authorized party (agent) | Bên được ủy quyền | Party receiving authority |
| Notarization | Công chứng | Notary office certification |
| Certification (signature) | Chứng thực chữ ký | People’s Committee or notary certification |
| Consular legalization | Hợp pháp hóa lãnh sự | For documents executed abroad |
| Scope of authorization | Phạm vi ủy quyền | The tasks the agent may perform |
Copyable Power of Attorney Template (Bilingual Format)
Below is a bilingual power of attorney template you can adapt. Replace the placeholders in brackets with your information. Keep a signed copy and have it notarized or certified as required for your specific purpose.
POWER OF ATTORNEY
GIẤY ỦY QUYỀN Date / Ngày: [DD/MM/YYYY] PRINCIPAL / BÊN ỦY QUYỀN:
Full Name / Họ và tên: [Applicant Full Name]
Nationality / Quốc tịch: [Nationality]
Passport Number / Số hộ chiếu: [Passport Number]
Address / Địa chỉ: [Address in Vietnam or abroad]
Phone / Điện thoại: [Phone Number] AUTHORIZED PARTY / BÊN ĐƯỢC ỦY QUYỀN:
Full Name / Họ và tên: [Agent Full Name]
ID/Passport Number / Số CMND/Hộ chiếu: [Agent ID Number]
Address / Địa chỉ: [Agent Address]
Phone / Điện thoại: [Agent Phone Number] SCOPE OF AUTHORIZATION / PHẠM VI ỦY QUYỀN:
The Principal hereby authorizes the Authorized Party to act on the Principal's behalf to:
[Bên Ủy quyền đồng ý ủy quyền cho Bên Được Ủy quyền thay mặt mình thực hiện các công việc sau:] 1. [Describe specific task, e.g., Submit documents to the Immigration Department for visa extension]
2. [Describe specific task, e.g., Receive documents and correspond with authorities]
3. [Describe specific task, e.g., Sign and submit any related paperwork] DURATION / THỜI HẠN:
From / Từ ngày: [Start Date] To / Đến ngày: [End Date] (or specify [Number] months/years) COMMITMENTS / CAM KẾT:
Both parties are legally responsible for the content of this authorization.
[Đôi bên chịu trách nhiệm trước pháp luật về nội dung của giấy ủy quyền này.] PRINCIPAL / BÊN ỦY QUYỀN
(Signature and Full Name)
[Signature]
[Applicant Full Name] AUTHORIZED PARTY / BÊN ĐƯỢC ỦY QUYỀN
(Signature and Full Name)
[Signature]
[Agent Full Name]
Step-by-Step Submission Procedure
The procedure depends on whether you are executing the power of attorney inside Vietnam or abroad.
If you are inside Vietnam:
- Prepare the power of attorney in Vietnamese (a bilingual version is acceptable, but a Vietnamese version is generally required).
- Bring the document and your passport to a notary office or the People’s Committee of your ward/commune.
- For signature certification on a letter of authorization, processing is generally done on the same working day. For notarization of an authorization contract involving assets, processing may take 2 to 5 working days depending on complexity.
- Pay the applicable notary fee (verify locally; Hanoi caps drafting at 716,000 VND per document).
If you are outside Vietnam:
- Have the power of attorney drafted and notarized in your home country.
- Submit the notarized document to the Vietnamese embassy or consulate in your country for consular legalization under Decree 111/2011/ND-CP (amended by Decree 196/2025/ND-CP, effective August 3, 2025).
- Alternatively, have the document notarized directly at a Vietnamese diplomatic mission where you are located. The embassy requires the applicant to appear in person and sign before a consular officer.
- Bring your passport or other personal identification to the embassy appointment.
- Once legalized, the power of attorney can be used in Vietnam.
Common Mistakes and Rejection Warnings
- Using vague scope language. Phrases like “toàn quyền giải quyết” (full authority to resolve everything) are a leading cause of disputes. Always specify exactly what the agent may and may not do.
- Not specifying a validity period. If the power of attorney does not expressly state its validity period, it is valid for only one year under Article 563 of the Civil Code 2015. If you need longer, state it explicitly.
- Submitting a power of attorney in a foreign language without a Vietnamese translation. Government authorities require a Vietnamese version. If you use a foreign language, it must be translated and the translation certified.
- Attempting to use an Apostille. Vietnam is not an Apostille signatory. Documents executed abroad must go through consular legalization — the “red ribbon” seal from a Vietnamese embassy or consulate is mandatory.
- Not checking the specific authority’s requirements. Different government agencies (immigration, tax, land registration) may have additional requirements for the power of attorney format or the supporting documents.
Frequently Asked Questions
Q1: Can a foreigner grant a power of attorney to a Vietnamese citizen in Vietnam?
Yes. Vietnamese law allows foreigners to authorize individuals or organizations in Vietnam to perform certain tasks or transactions on their behalf under the Civil Code 2015. The authorization must comply with the conditions and procedures set out in the law, including capacity requirements and written form.
Q2: What is the difference between a Giấy Ủy Quyền and a Hợp Đồng Ủy Quyền?
A Giấy Ủy Quyền (letter of authorization) is a unilateral instrument — the principal grants authority without the agent incurring binding obligations. A Hợp Đồng Ủy Quyền (authorization contract) is a bilateral agreement defined in Article 562 of the Civil Code 2015, in which both parties sign and mutual rights and obligations are created. The contract form is required for tasks that need a binding commitment from the agent.
Q3: Does a power of attorney executed abroad need consular legalization to be valid in Vietnam?
Yes. Vietnam is not an Apostille signatory. A power of attorney executed and notarized abroad must go through consular legalization at a Vietnamese embassy or consulate under Decree 111/2011/ND-CP before it can be officially recognized by Vietnamese authorities.
Q4: How long is a power of attorney valid in Vietnam?
Under Article 563 of the Civil Code 2015, if the power of attorney does not expressly state its validity period, it is valid for one year from the date of execution. To avoid the administrative burden of re-executing the document, include a specific duration clause.
Q5: Can a power of attorney be sub-authorized to another person?
An agent may only sub-authorize its authority to a third person with the consent of the principal, unless otherwise agreed or prescribed by law. The formalities of the sub-authorization must conform to the formalities of the original authorization contract. Sub-authorization cannot exceed the scope of the original authorization.