The situation as follows: Ms. A (U.S. citizen) living in Viet Nam wants to authorize a U.S. citizen relative in the U.S. to handle her properties. To do so, a Power of Attorney must be made. The question is, what procedures have to be done with such Power of Attorney?
Nghiep Thanh Law would like to share with you some advice on this situation.
1. Drafting the Power of Attorney
You may refer to the form of Power of Attorney at the official website of the U.S. Embassy and Consulate General in Viet Nam.
Or you may refer to the samples required by the competent authorities in the U.S.
Next, you draft the contents of the Power of Attorney related to the property handling.
2. Having the Power of Attorney notarized
– Competent authority
In the next step, you must have the Power of Attorney mentioned above notarized at the U.S. Embassy or U.S. Consulate General in Viet Nam.
In Hanoi, the notarization of the Power of Attorney will be done at the U.S. Embassy – 7 Lang Ha Street, Hanoi, Viet Nam.
In Ho Chi Minh City, the notarization of the Power of Attorney will be done at the U.S. Consulate General – 4 Le Duan Blvd., District 1, Ho Chi Minh City, Viet Nam.
– To make an appointment at the link: https://evisaforms.state.gov/Instructions/ACSSchedulingSystem.asp
– Preparing documents and taking note of:
+ The original copy of identity papers (having photo ID) issued by the competent authority. (Passport/ID card/Green Card).
+ Power of attorney already drafted.
Notes: + Make sure you will clearly understand the document’s content because the consular staff is not allowed to interpret the contents of the document.
+ You may reschedule another appointment if you cannot answer simple questions regarding the notarization of documents or do not understand the contents of the document.
+ Fill out all information before arriving (but do not sign it; sign in front of the consular officer)
+ If you need to notarize the original documents, remember to bring both the original and a photocopy.
If you do not have a copy ready, you may be charged a fee of $1.00 per copied page.
After you have the Power of Attorney notarized, you can send it to the authorized party so that he/she can perform the assigned tasks.
Depending on the regulations of each state in the U.S., signatures of both parties will be required for the Power of Attorney to be valid. Therefore, the authorized party should bring the Power of Attorney made in Viet Nam to the notary public in the U.S. to authenticate the signatures.
Because the laws and regulations policies vary from state to state, you will need to be up to date. For example, there are states that only require the authorizing party to sign and notarize, but there are states that require signatures from both parties. Or states like Vermont, California only require the authorized party to sign when they perform the authorized work.
Readers can find more details at the link: https://vn.usembassy.gov/en/us-citizen-services-vi/notarial-services-en/ of the U.S. Embassy and Consulate General in Viet Nam. Specifically, information such as appointment scheduling, form of Power of Attorney and notarial fees.
The content above is the advice on “Foreigners in Viet Nam to authorize transactions abroad”
Nghiep Thanh Law thank you for reading. We look forward to receiving your feedback and suggestions.
Translator: Le Khanh Linh
 Reference to https://www.notarypublicstamps.com/
 Reference to https://info.legalzoom.com/