At-law representative absent from Vietnam

At-law representative absent from Vietnam

As stipulated in Article 13, Law on Enterprise 2014, the at-law representative of an enterprise means an individual who represents the enterprise to exercise the rights and perform the obligations arising from transactions of the enterprise, and represents the enterprise in the capacity as plaintiff, respondent or person with related interests and obligations before the arbitration or court, and other rights and obligations as prescribed by law.

An enterprise shall ensure that at least one at-law representative resides in Vietnam. In case an enterprise has only one at-law representative, such person must reside in Vietnam and shall, upon leaving Vietnam, authorize in writing another person to exercise the rights and perform the obligations of the at-law representative. In this case, the at-law representative shall remain responsible for the exercise and performance of the authorized rights and obligations.

In case the term of authorization as above-mentioned exprires but the at-law representative of an enterprise has not returned to Vietnam and no other authorization is made, the following provisions shall be complied with:

The authorized person shall continue to exercise the rights and perform the obligatons of the at-law representative of a limied liability company within the scope of authorization until its at-law representivate returns to work in the company or until the Members’ Council decides to appoint another person to act as the at-law representative of the enterprise.

In conclusion, when SSVC’s at-law representative is absent from Vietnam, the at-law representative can authorize in writing the authorized person to continue to exercise the rights and perform the obligations of the at-law representative until the at-law representivate returns to work in the company.

http://www.hnlaw.vn/en/enterprise-consultancy/

http://www.hapi.gov.vn/en-US

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