Short answer: Yes — execute a written authorization under the 2015 Civil Code, specifying exactly what the authorized person may receive on your behalf. The law does not require every authorization to be notarized, but for large sums or real-estate-related receipts, notarization/certification is practically indispensable — banks and payers will demand it. Good news: under the 2024 Notarization Law, you don’t need to return to Vietnam to notarize; you can do it at a Vietnamese diplomatic mission where you live.
1. What must the authorization contain?
Authorization contracts are governed by the 2015 Civil Code (Articles 562–569). A proper money-collection authorization includes:
- Both parties’ details: names, ID numbers and addresses of the authorizer (you) and the authorized person;
- Scope — the more specific the better: which sum, from whom/which organization, the amount or how it is determined, authority to sign receipts, which account the money goes to;
- Duration: from which date to which date, or until the task completes;
- Remuneration (if any) and liability for loss or delay;
- Signatures of both parties (plus notarization/certification where advisable).
The most common mistake is an over-broad scope (“authorize all money collection”) — it makes banks/payers suspicious and risks abuse by the authorized person. List each sum and each source specifically.
2. Is notarization mandatory?
Two layers to the answer:
- Legal layer: the Civil Code does not require every authorization contract to be notarized. Notarization is mandatory only where specialized law requires it (e.g. real estate transactions).
- Practical layer: banks, insurers and state bodies paying out money usually require a notarized/certified authorization before letting someone else collect. Without the notarial seal, you may be refused at the counter.
Practical conclusion: unless the sum is tiny and the payer accepts handwritten papers, get it notarized. Notarization costs far less than the risk of funds frozen over insufficiently credible paperwork.
3. Notarizing from abroad — what’s new in the 2024 Notarization Law
The part many people miss. The 2024 Notarization Law (No. 75/2024/QH15, effective 1 July 2025, replacing the 2014 law) has two innovations very favorable to people far away:
- Article 57: where the authorizer and the authorized person cannot come to the same notarial practice organization, each may have the notary of their chosen organization certify their part — the authorizer certifies the offer of authorization, the authorized person certifies acceptance — completing notarization without meeting.
- Notarization at diplomatic missions: Vietnamese embassies/consulates abroad are competent to notarize/certify authorization instruments (except real estate transactions in Vietnam). Bring your ID, handle it in person — no flight home needed.
If the authorization is made abroad in a foreign language for use in Vietnam, add consular legalization and certified translation so the instrument is usable in Vietnam.
4. Risks of money-collection authorization — and prevention
- The authorized person “forgets” to forward your money: require deposit directly into your bank account (stated in the authorization), instead of cash handovers.
- Over-broad authorization: limit scope per specific sum; set short durations and renew as needed rather than “indefinite” authorization.
- One person collecting for many people: confusion and loss risk — each authorization relationship deserves its own instrument.
- Terminating the authorization: when the job is done or trust is lost, execute a written termination and notify the relevant parties (bank, payer) — don’t just “say it’s over.”
Key legal bases
- 2015 Civil Code, Articles 562–569 — authorization contracts.
- 2024 Notarization Law (75/2024/QH15, effective 1 July 2025, replacing the 2014 law) — Article 57: notarizing authorization contracts when parties cannot attend the same notarial organization.
- Decree 104/2025/ND-CP — electronic notarization; diplomatic missions notarizing authorization instruments.
- Foreign Exchange Ordinance 28/2005/PL-UBTVQH11 (amended 2013) — framework for remitting money abroad after receipt in Vietnam.
Frequently asked questions
1. I’m in Germany and need my brother in Vietnam to receive house-sale proceeds for me — how?
Execute an authorization stating: receive the house-sale proceeds under contract no…., from buyer…, amount…, into your account…. Because real estate is involved, the authorization needs notarization — visit the Vietnamese Embassy/Consulate in Germany, then send the original to your brother. Note: the house sale contract itself must still be notarized in Vietnam under specialized law.
2. Is a handwritten authorization valid?
Civilly valid if properly signed with clear content — but in practice, banks and paying organizations usually reject non-notarized handwritten papers. For any significant sum, don’t skip notarization.
3. Can I authorize two people to receive the same sum?
Yes, but state clearly: joint collection or independent collection, and each person’s liability. Without clarity, disputes over who is responsible for which portion are very hard to resolve.
4. Is an authorization notarized abroad usable in Vietnam?
Yes, provided it has consular legalization (unless exempted by treaty) and certified Vietnamese translation. It then works in Vietnam like a domestically notarized instrument.
5. May the authorized person keep part of the money as a fee?
Only if the authorization agrees on remuneration. Otherwise, the authorized person must hand over the entire sum received. Put any fee agreement in writing from the start to avoid disputes.
6. How do I revoke an authorization midway?
Execute a written revocation/termination, sign it, and notify in writing the authorized person and relevant parties (bank, paying organization). From notification, the authorized person may no longer collect for you — later transactions are ineffective against you.
Note: this article provides general legal information current at the time of writing and does not replace advice for your specific case. Notarization at diplomatic missions follows the guidance in force at the time.
This article has been quality-reviewed by the FLAW AI Legal Council
