1. Is it authorized to make a red book?
Authorization is the act of the authorized party performing the work on behalf of the authorized party according to the agreement of the parties.
Therefore, authorization to make a red book can be understood that when an individual is not qualified to request a land use right certificate (abbreviated as a red book), it can be authorized to others to do this on his/her behalf.
The parties can authorize through a power of attorney contract or a power of attorney document. In particular, the authorized party will be the authorized party to carry out the procedures for granting red books, including: Signing a notarized contract, completing and submitting documents as well as receiving red books after receiving results from the competent authority...
A power of attorney between a land user and a person authorized is not required to be notarized or certified, but usually the parties should notarize and authenticate to limit, avoid legal risks as well as facilitate the implementation of administrative procedures with competent authorities.
2. Procedures for authorizing others to make red books
Below is the procedure for authorizing others to make red books when notarizing contracts/authorization papers according to the provisions of the Notary Law. Specifically:
2.1 Documents to prepare
- The notarization request form will usually include the following contents: Personal information of the notary (name, address...) and notarization request along with documents accompanying the authorization document.
- personal documents: ID card, passport or Citizen identification card, marriage registration, marriage confirmation certificate...
2.2 Notary agencies for authorization documents
Because this is a notarized authorization document, the implementing agency is the notary practice organization: Notary Office and Notary Office.
2.3 Resolution time
According to Article 43 of the Notary Law, the notary period is no more than 2 working days and no more than 10 working days if the contract has complicated content.
However, in reality, if the authorization document in particular, the contract, and the transaction in general are simple and have all the documents, the notarization period usually only lasts 1 - 3 hours.
2.4 Notary fee
Notary fee includes notary fee according to state regulations (authorization contract is 50,000 VND; authorization letter is 20,000 VND) and notary fee according to agreement of the notary organization and the notary requiring notary but not exceeding the permitted ceiling (drafting fee, printing, remote work...).
