Powers of attorney (POA) may be granted by Spanish or foreign citizens to authorize an agent to perform any valid legal act or business activity in Spain.
There are different types of powers of attorney. The most common are:
General power of attorney: This power entitles an agent to carry out, on behalf of the principal , and without limitations, any act valid in law (e.g., buying, selling, managing assets, entering into contracts, mortgaging assets, establishing a corporation, acting in an inheritance, opening and managing bank accounts, making payments and collecting debts).
General power of attorney for lawsuits: This power is granted to one or more lawyers and/or party agents (procuradores) to represent the principal in all types of legal proceedings, with broad powers.
Special power of attorney for lawsuits: This power is granted to one or more lawyers and /or party agents to intervene in a specific judicial process.
Special power of attorney: This power is granted to one or more agents to represent the principal in one or more specific legal acts or business activities (e.g., buying, selling, managing assets, accepting an inheritance or donation, establishing a corporation, pension collection, obtaining a Foreigner Identity Number [NIE]), in accordance with the conditions established by the principal.
Documents required
In addition to the documents listed below, the Consular Office may request additional data or documents when necessary to assess the application
1. Draft POA (minuta notarial), in Word format (to be requested to the lawyers in Spain)
2. Declaration of Data for Power of Attorney
3. Natural Person Identification Form
4. Legal Person Identification Form (only applicable in cases of POAs as representatives of legal persons).
5. Valid ID Card or passport of all involved parties (in the case of a power of attorney for lawsuits, it is not necessary to provide a copy of the DNI or NIE of the lawyers and party agents)
6. NIE of the principal, if of foreign nationality
Procedure
The POA requesting party should send an email to the address emb.hanoi.vis@maec.es attaching all documents listed in the section of “Documents required". The Embassy of Spain will prepare a draft POA based on the attached documents and send it to the requesting party for revision, modification (if any) and agreement on the content of the draft. Once the agreement has been settled, the Embassy of Spain will give the requesting party an appointment for the signature of the POA.
A personal appearance at the premises of the Embassy of Spain in Hanoi is always necessary on the day the document is signed. Principals must identify themselves with the original of their valid DNI or passport.
Important notice: The Power of Attorney will be drafted solely in Spanish. In case the authorizing party does not understand Spanish, an interpreter must be arranged on the date of signing the Power of Attorney. It is necessary to send to the Embassy in advance a copy of the interpreter's passport/ID card, as well as documents proving the interpreter's command of the languages (Spanish and the target language). It is understood that an interpreter has good command of a certain language if this language is the mother-tongue of the interpreter.
APPLICABLE FEES: the fee for the power of attorneys varies according to many factors, i.e. the length of the document, the number of principals, and the number of copies requested
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