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The power of attorney contract template is created when an individual or legal entity wants to delegate authority to another party for establishing and executing civil transactions within the authorized scope. The delegation terms are agreed upon and detailed in the contract. Mytour presents some power of attorney contract templates for your reference.
Stay updated with the latest power of attorney contract templates for buying and selling goods, cars, houses, and land.
1. What is a Power of Attorney Contract?
2. Power of Attorney Contract Templates.
3. Related Questions.
3.1. Can the authorized person delegate authority?
3.2. When can the power of attorney contract be unilaterally terminated?
3.3. How long is the authorization period?
1. What is a Power of Attorney Contract?
Based on Article 562 of the 2015 Civil Code, a power of attorney contract is understood as:
- The agreement of the parties, including the authorizing party and the authorized party.
- The authorized party will act on behalf of and represent the authorizing party to execute civil tasks and transactions within the delegated scope.
- The authorizing party must provide compensation to the authorized party as agreed upon or as stipulated by law.
- The power of attorney contract must be documented in writing and include the following details:
+ Information of the authorizing party and the authorized party (full name, date of birth, address, contact phone number, ID card number...)
+ Delegated responsibilities.
+ Duration of authorization.
+ Remuneration (if applicable).
+ Other agreements (if any).
+ Signatures of the parties.
- Currently, there are various power of attorney contract templates such as land authorization contracts, goods purchase authorization contracts, house sale authorization contracts, etc.
2. Latest Power of Attorney Contract Templates
Here are some of the most common power of attorney contract templates today:
- Template for Authorization Contract 01
* Download the template HERE
- Template for Authorization Contract 02
* Download the template HERE
3. Related Questions
3.1. Can the authorized person delegate authority again?
Based on Article 564 of the Civil Code 2015, the authorized person can delegate authority again if:
- There is consent from the authorizing party
- Due to unforeseeable events, if re-delegating authority is not applied, the purpose of establishing and executing civil transactions for the benefit of the authorizing party cannot be achieved.
However, the right to re-delegate must not exceed the scope of the original authorization, and the form of the re-delegation contract must be suitable for the original authorization.
=> The authorized person is eligible for re-delegation if falling under the mentioned cases.
Additionally, readers can refer to Sample travel car rental contracts for easy application in real-life situations.
3.2. Under what circumstances can the power of attorney contract be unilaterally terminated?
The power of attorney contract can be unilaterally terminated in specific cases outlined in Article 569 of the 2015 Civil Code. Namely:
- In cases involving remuneration:
+ The authorizing party has the right to unilaterally terminate the power of attorney contract at any time, conditioned on paying remuneration to the authorized party corresponding to the performed work, and compensating for damages to the authorized party.
+ The authorized party has the unilateral right to terminate the power of attorney contract at any time, but in case of resulting damages, compensation must be provided to the authorizing party.
- In cases without remuneration:
+ The authorizing party terminates the power of attorney contract but must notify the authorized party in advance within a reasonable period.
+ The authorizing party must notify a third party in writing about the termination. If the authorizing party fails to notify the third party, the contract with the third party remains valid (except when the third party knows or should know that the power of attorney contract has been terminated) (applies to power of attorney contracts for third parties).
+ The authorized party has the right to unilaterally terminate the execution of the power of attorney contract at any time, but must provide prior notice to the authorizing party within a reasonable period.
An example of a power of attorney contract and conditions for the unilateral termination of the power of attorney contract by individuals or organizations under the Civil Code 2015.
3.3. What is the duration of authorization?
The duration of authorization will be agreed upon by the parties or prescribed by law. In case of no other agreement or suitable provision => The duration of authorization is 01 year from the date of establishing the authorization (Article 563 Civil Code 2015).
Here, we hope readers will gain a clearer understanding of the power of attorney template as well as how to draft and apply it in practice. Thoroughly drafting the authorization form will provide a legal foundation, binding the responsibilities of all parties involved.
Readers can explore additional contract templates in various fields that we have updated, such as the Security Deposit Agreement template or the Purchase and Sale Agreement, Rental Agreement, etc.
