What is Power of Attorney (POA)?

In consular services and administrative procedures in Vietnam and many other countries, Power of Attorney is an important and popular document. To be enforceable and binding, the Power of Attorney needs to be signed before the Embassy/Consulate or a Notary Public.

But first, What is Power of Attorney?

A power of attorney (POA) is a legal document that gives one person or entity the authority to act on behalf of another in legal, financial, and/ or personal matters. The person who grants the power of attorney is called the "principal" and the person who receives the power of attorney is called the "agent" or "agent-in-fact”.

The authority granted by a Power of Attorney can be revoked or modified by the principal as long as they have the mental capacity to do so. Power of Attorney will remain effective even if the principal becomes incapable of making decisions. 

When to acquire?

Individuals and organizations including but not limited to those:

• Who are having health problems and being unable to handle certain legal or financial matters;

• Who are inexperienced or unfamiliar with some business contracts and transactions;

• Who are involving with real estate from planning to making transactions;

• Who are wanting to resolve/refuse/other issues relating to inheritance;

• Who are needing assistance in managing financial matters (investments, banking, etc) and/or legal matters (getting passport, applying for visa, etc).

Required documents

You will need to prepare documents in accordance with the Vietnam Embassy/Consulate or Notary Public.

Some of the general required documents can be:

• Form of Power of Attorney

• Present the ID/ Passport/ Driver License/equivalent paper

• Self-stamped and addressed return envelope (if applicants want to receive results by post).

Please reach out to the authorities in charge while compiling the documents to avoid making mistakes and time waste.

Authentication of the power of attorney at Vietnamese Embassy

The person requesting the authentication of a power of attorney at the Vietnamese embassy should submit a written request along with the following documents:

• Power of Attorney: The requester can use the standard form required by the competent authority in Vietnam, if available, or refer to the model power of attorney provided by the Vietnamese Embassy. 

• Documents pertaining to the authorized content (a certified copy by competent authorities in Vietnam).

• Copy of the Principal’s passport or equivalent identification documents.

• Copy of the identity card or family book of the Agent in Vietnam.

*Notes:

• It is advisable to make an additional copy of the above documents for record-keeping at the Embassy Office.

• The Principal's passport may be a foreign passport, Green Card, or driver's license, or Vietnamese passport (pages 1 to 4).

• In cases where the Principal cannot personally visit the Embassy office, they may send the documents by mail following the instructions provided by the Embassy.

Above’s information about Power of Attorney, this guide is especially useful for consular services. We hope you learn something and can acquire this document successfully!