Tin Dung Company Limited (Dong Nai) prepares a power of attorney signed and stamped by the legal representative, authorizing a foreigner to represent and handle affairs in Taiwan.

For consular certification of this power of attorney, Tin Dung Company intends to follow as below:

Option 1: Make a notarized copy of the original and apply for consular certification of this notarized copy.

Option 2: Go to the translation notary office and notarize the translation and then apply for a consular certification of this translation.

Via the receipt and reply system to business recommendations, Tin Dung Company Limited asked, Whether the company following the above is in accordance with regulations? If not, how should the company follow to comply with the law?

In this regard, the Consular Department of the Ministry of Foreign Affairs replied as follows:

Procedures for authentication of Power of attorney: According to the Government's Decree No. 23/2015/ND-CP dated February 16, 2015, on issuing copies from master registers, certification of true copies from originals, authentication of signatures and contracts, it specified that the authentication competent agencies of Vietnam are the Justice Offices of provincial-affiliated districts, towns, and cities; People's Committees of communes, wards, and townships; Vietnamese diplomatic missions abroad.

Accordingly, the Company can go to the above-mentioned competent authorities to certify the true copy of the power of attorney from the original and authenticate the translator signature in the documents from Vietnamese to foreign language.

Procedures for consular certification and legalization of Power of attorney: Decree No. 111/2011/ND-CP dated December 5, 2011, of the Government on consular certification and legalization stipulates "Consular certification” means the certification of competent Vietnamese agencies (the Consular Department or the Department of Foreign Affairs of Ho Chi Minh City and Vietnam's diplomatic missions abroad) of stamps, signatures, and titles on Vietnam's papers and documents for being recognized and used abroad.

The order and procedures for consular certification are specified in Article 11 of Decree 111/2011/ND-CP. Accordingly, after the "Power of Attorney" has been authenticated to make copies or translations at the competent authorities, the Company can submit a dossier of application for consular certification including papers and documents requested for consular certification and legalization (with original stamps, signatures, and titles), enclosed with one copy each for filing at the Ministry of Foreign Affairs (photocopies without notarization) and an online declaration form on the website: http://www.lanhsuvietnam.gov.vn.

Applications are received at the Consular Department, Ministry of Foreign Affairs (No. 40 Tran Phu, Ba Dinh District, Hanoi) or the Department of Foreign Affairs of Ho Chi Minh City (No. 06 Alexandre de Rhodes, District 1, Ho Chi Minh City).

In addition, the Company can refer to specific instructions (including settlement time, fee rates, relevant legal documents) on the Consular Department's web portal on consular affairs: http://www.lanhsuvietnam.gov.vn.

If any issues are unclear or not mentioned on the web Portal, the Company can directly contact by phone the Consular Legalization Office (Consular Department, Ministry of Foreign Affairs) at +84-24-37992356 or +84-24-37993415 for answers.