“Dear, Lawyer, last week I drove my grandfather to the Committee to carry out the notarization procedure. Because my grandfather is old and can’t sign his name, he should be allowed to fingerprint (pointer) in color. red ink, I wonder if the point ink color is only valid according to the law, is the red ink color valid?”. Thanks for your question. To learn more about this, today, LSX Lawfirm will give you an article about “What is the regulation of ink color according to Vietnamese law?“, as follows:
Legal grounds
- Law on Notarization 2014
- Civil Code 2015
Is there any ink color required for notarizing the will?
Pursuant Article 48 of the Law on Notary 2014 stipulates:
“Article 48. Signing and pointing in notarized documents
- Notarization requesters, witnesses, and interpreters must sign contracts and transact transactions in front of the notary.
In case a person competent to enter into a contract of another credit institution or enterprise has registered a sample signature at a notary practice organization, that person may sign the contract in advance; Notaries must compare their signature in the contract with the sample signature before performing the notarization.
- The marking can only replace the signing in cases where the notarization requester, witness, or interpreter cannot sign due to a disability or inability to sign. When pointing, notarization requesters, witnesses, and interpreters use the right index finger; otherwise, the point is only with the right index finger, then the point is only with the left index finger; In case it is not possible to make a point with only those two index fingers, the point must with another finger and it must clearly stated which finger it is, which hand it belongs to.
- Pointing can also be done concurrently with the signing in the following cases:
a) Notarization of the will;
b) At the request of the notarization requester;
c) The notary deems it necessary to protect the interests of notarization requesters.”
Currently, there is no mandatory regulation on notarized ink color, so it is possible to choose the color of fingerprint ink.
Is the fingerprint (pointing) in the will legally valid?
Pursuant Article 634 of the 2015 Civil Code stipulates:
“Article 634. Written will with witnesses
In case the testator does not write the will by himself, he may type it himself or ask someone else to write or type the will, but there must be at least two witnesses. The testator must sign or point to the wall in front of the witnesses; the witnesses certify the signature and fingerprints of the testator and sign the will.
The making of a written will with witnesses must comply with the provisions of Articles 631 and 632 of this Code.”
Clause 3, Article 631 of the 2015 Civil Code stipulates:
“3. A will must not abbreviated or written in symbols. If the will consists of many pages, each page must numbered and signed or signed by the testator.
In case a will has erased or corrected, the person who wrote the will or testified to the will must sign it next to the place where the will erased or corrected.
Thus, scoring is only one of the ways that the testator can choose in case the testator has the ability to sign or is mandatory in the case where the testator cannot sign but can still mark the testator’s signature.
Will a will written in two different ink colors be notarized?
Pursuant Article 45 of the Law on Notary 2014 stipulates:
“Article 45. Written words in notarized documents
- The written word in the notarized document must be clear, easy to read, not abbreviated or written in symbols, not interleaved, overwritten, not erased, not left blank, except in legal cases then. The law provides otherwise.
- The time of notarization must recorded in the whole day, month, and year; hours and minutes can recorded if the notary requester requests or the notary deems it necessary. Numbers must written in both numbers and words unless otherwise provided for by law.”
And in Clause 1, Article 630 of the 2015 Civil Code stipulates as follows:
“Article 630. Lawful wills
- A lawful will must fully satisfy the following conditions:
a) The testator is lucid and lucid while making the will; not deceived, threatened, or coerced;
b) The content of the will does not violate the prohibition of the law or against social ethics; the form of a will is not contrary to the provisions of law then.”
According to the above provisions, the law does not stipulate that the notarized will must written in a uniform color of ink, the law only stipulates that the inner handwriting must be clear, easy to read, and must not abbreviated or written in symbols, must not abbreviated. interleave lines, overwrite lines, cannot erased, cannot left blank. And must meet the conditions for a will to be legal then.
How long does it take to notarize a will according to current regulations?
Pursuant Article 43 of the Law on Notary 2014 stipulates:
“Article 43. The time limit for notarization
- The time limit for notarization determined from the date of acceptance of the notarization request dossier to the date of returning the notarization result. The time for verification and assessment of contents related to contracts, transactions, and posting of the notarized acceptance of the written agreement on the division of the estate, the document declaring the inheritance, and the translation of documents and documents shall not included in the calculation. notarization deadline then.
- The time limit for notarization does not exceed 02 working days; For contracts and transactions with complicated contents, the time limit for notarization may be longer but must not exceed 10 working days.”
Accordingly, the time limit for notarization shall not exceed 02 working days, for transaction contracts with complicated contents, the time limit may extended but must not exceed 10 working days.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “What is the regulation of ink color according to Vietnamese law?“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
- FB: www.facebook.com/luatsux
- Tiktok: https://www.tiktok.com/@luatsux
- Youtube: https://www.youtube.com/Luatsux
Contact LSX Lawfirm
Finally, hope this article is useful for you; answer the question: “What is the regulation of ink color according to Vietnamese law?“. If you need more information, please contact LSX Law firm: at +84846175333 or Email: [email protected].
Related article
- Regulations on chemical transportation in accordance with Vietnamese law
- How to calculate the loan shark interest rate in Vietnam?
- Change from the old red book or pink book to the new pink book
Related questions
According to current regulations in Decree 30/2020/ND-CP on clerical work: For paper documents, when signing documents, use a pen with blue ink, do not use ink that is easy to fade then. From that, it can be concluded that the signature in the paper document must be a blue pen, not another color (This content is new compared to the current regulations) This regulation applies to state agencies and organizations and State-owned enterprises, political organizations, socio-political organizations, social organizations, socio-professional organizations and regulations of the Party and relevant laws to apply accordingly then.
According to the Accounting Law 2015, accounting vouchers are papers and information-carrying objects that reflect arising and completed economic and financial operations, serving as a basis for recording in accounting books. In addition, the guidance in Circular 39/2014/TT-BTC guiding the implementation of Decree 51/2010/ND-CP and 04/2014/ND-CP stipulating invoices for selling goods and providing services.
Conclusion: So the above is What is the regulation of ink color according to Vietnamese law?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
