Trang chủNewsQuestion and AnswerBeing stroke, how to withdraw deposit in the bank?

Date: 25/11/2019

 My brother was 36 years old being stroke, still read, listen and understand, but cannot write and sign document, how to do procedures to withdraw deposits in the bank?


 Sub-Article 22.1 of Vietnamese the Civil Code 2005 specifies loss of civil act capacity “When a person is incapable of cognizing or controlling his/her acts due to mental disease or other ailments, the Court may, at the request of the person(s) with related rights or interests, issue a decision to declare such a person as having lost his/her civil act capacity, based on the conclusion of a competent medical examination body.  When there is no longer a basis for declaring a person as having lost his/her civil act capacity, the Court shall, at the request of such person him/herself or of a person with related rights or
Interests, issue a decision to revoke the decision declaring the loss of civil act capacity”.

 Based on above provision, your brother is only restricted some capabilities such as writing because of a stroke, but he still remains lucid intellect, capable aware of the case should not be loss of civil act capacity as defined above. Your brother has the right to withdraw his deposit at bank. However, since he is unable to sign documents of deposit withdrawal transactions in bank, your brother may authorize others to carry out such transactions.

 However, your brother is restricted some capacities, then authorization must comply with some specific provisions. In sub- Article 47.2 Law on notarization 2014 stipulates: “In case notarization requesters cannot read, hear, sign or press fingerprints, or in other cases prescribed by law, witnesses are required during notarization. Witnesses must be full 18 years or older, have full civil act capacity and have no rights, interests or obligations related to the notarization.”

 Thus, your brother was stroke, still read, listen and understand, but unable to write and sign documents, he may authorize another person by notarization procedures to withdraw deposits in banks

Question and Answer orther

How is the procedure for changing the address of the head office and changing the main business line?

Date: 24/11/2020

Can the company change the company name and the legal representative at the same time?

Date: 16/11/2020

The company decided to change the director, how to change the business registration license

Date: 13/11/2020

What is the procedure for adding a business line?

Date: 09/11/2020

Does the company rent the warehouse have to notify the Registration Department?

Date: 04/11/2020

What are the conditions of the industry "Power transmission and distribution"

Date: 02/11/2020

What does the application file for adding a bank account include?

Date: 30/10/2020

Reduction of charter capital in case the companies return capital to shareholders

Date: 23/10/2020

Which case must reduce the charter capital of a joint stock company?

Date: 21/10/2020

What is the role of the charter capital in a joint stock company?

Date: 16/10/2020

What is charter capital?

Date: 14/10/2020

What are the conditions for holding the General Meeting of Shareholders of a joint stock company?

Date: 12/10/2020

The regulations on convening the General Meeting of Shareholders of the joint stock company

Date: 09/10/2020

How is the increase in charter capital?

Date: 07/10/2020

Details about the reduction of charter capital in case the company repurchases issued shares?

Date: 05/10/2020

how the rights of common shareholders are regulated?

Date: 02/10/2020

How the rights of shareholders or groups of major shareholders are regulated?

Date: 30/09/2020

How do a newly established company perform dissolution procedures?

Date: 28/09/2020

How to change the seal for the company?

Date: 25/09/2020

Procedures for continuing business suspension?

Date: 23/09/2020

2006 - 2019 - all copyright reserved. Email:

Design by Nhật Thành.NET