Is a notarized power of attorney required?
Ms. Tran Thi H. (Ho Chi Minh City) recently authorized a representative to the one-stop section of District 7 to receive the results of changes in the registered content of her business household. However, the responsible officer there requested that the business owner either come in person to receive the results or provide a notarized/certified power of attorney.
Ms. H. inquired if it is mandatory to carry a notarized/certified power of attorney when receiving the results of changes in the registered content of her business household.
Regarding this matter, the People's Committee of District 7, Ho Chi Minh City, responded as follows:
Based on Article 4 of Decree No. 01/2021/ND-CP dated January 4, 2021, regarding business registration, it is stipulated that a business household owner may delegate authority to another organization or individual to carry out the procedures for business household registration as prescribed, and this power of attorney is not required to be notarized or certified. The business household registration process is governed by Article 87 of Decree No. 01/2021/ND-CP.
However, the provision for returning the results of business household registration under Decree No. 01/2021/ND-CP does not require the power of attorney to be notarized or certified. Therefore, for cases where a business household owner authorizes another organization or individual to receive the results, the regulations will be specified in relevant legal documents, specifically:
Point b, Clause 2, Article 6 of Decree No. 61/2018/ND-CP dated April 23, 2018, on implementing the single-window mechanism and the one-stop-shop mechanism in the resolution of administrative procedures, stipulates the rights and responsibilities of organizations and individuals in performing administrative procedures: "When receiving the results of administrative procedure resolution at the One-Stop Department, individuals must carry the Receipt of File Submission and Result Appointment Notice. In cases where authorization is granted for receipt, an additional notarized power of attorney from the authorized person must be presented."
Point d, Clause 4, Article 24 of Decree No. 23/2015/ND-CP dated February 16, 2015, on issuing copies from original registers, certifying copies from originals, certifying signatures, and certifying contracts and transactions, specifies: "Certifying signatures in power of attorney cases where there is no remuneration, no obligation of compensation by the authorized party, and no relation to the transfer of property ownership or real estate usage rights."
Simultaneously, in Article 14 of Circular No. 01/2020/TT-BTP dated March 3, 2020, issued by the Ministry of Justice, detailing the issuance of copies from original registers, certifying copies from originals, certifying signatures, and certifying contracts and transactions, and providing detailed guidance on implementing certain provisions of Decree No. 23/2015/ND-CP, it is stipulated: "The authorization as prescribed in point d, Clause 4, Article 24 of Decree No. 23/2015/ND-CP, if meeting all the conditions such as no remuneration, no obligation of compensation by the authorized party, and no relation to the transfer of property ownership or real estate usage rights, shall be executed in the form of certifying the signature on the power of attorney."
Based on the aforementioned regulations, the authorization document for Ms. Tran Thi H. to receive the results of her business household registration must be certified with a signature.
By: Translator: LeAnh-Bizic
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