Hello Lawyer X! Points are just one of the indispensable procedures in notarization. I would like to understand more about the regulation of fingerprint ink color in Vietnam. Hope the lawyer will respond soon to analyze clearly for me. Thank you!
Thank you for sending your question to Lawyer X. We will answer your questions in the following article. Please refer.
Legal grounds
Law on Notarization 2014
Decree 23/2015/ND-CP
Regulations on fingerprinting
Currently, there is no legal document regulating; Explain the concept of fingerprinting. However, based on the characteristics, the following definition can be given: fingerprinting (also known as fingerprint) is the act of “signing” on a certain type of document or paper but the person “signing” does not literate, so I had to put my finger in the ink, then roll the ink-stained finger into the document to be signed.
Features of hand-roll
Cases of marking in notarized documents: Pointing only in notarized documents is done in the following cases:
Alternative to signing; in case the notarization requester, witness or interpreter cannot sign due to disability; or don’t know how to sign.
Simultaneously with the signing in the following cases: Notarization of wills; At the request of the notarization requester; The notary deems it necessary to protect the interests of the notarization requester.
Scoring is done as follows:
When pointing, notarization requesters, witnesses, and interpreters use the right index finger.
In case of not being able to score with the right index finger; point is only with the left index finger.
In case it is not possible to score with only those two index fingers; point with the other finger; and must clearly state the point with which finger, of which hand.
Points only in notarized documents
In Clauses 2 and 3, Article 48 of the Law on Notary 2014 stipulates as follows:
The marking can only replace the signing in case the notarization requester, witness or interpreter cannot sign due to 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 be with another finger and it must be clearly stated with which finger and which hand it is.
Pointing can also be done at the same time as signing in the following cases:
Notarization of wills;
At the request of the notarization requester;
The notary deems it necessary to protect the interests of the notarization requester.
Points only in written testimonials
Article 36 of Decree 23/2015/ND-CP on procedures for authentication of transaction contracts; Clause 3 stipulates:
The parties to the contract or transaction must sign in front of the person performing the authentication. In case the person competent to enter into contracts of credit institutions or enterprises has registered their sample signatures at the authentication agency, they may sign the contract in advance; the person performing authentication must compare their signature in the contract with the sample signature before performing authentication, if doubting the signature in the contract is different from the sample signature, ask that person to sign it in front of him.
In case the authentication requester fails to sign; must point only; if that person can’t read, can’t hear, can’t sign, can’t score; there must be 02 (two) witnesses. Witnesses must have full civil act capacity; and has no rights, interests, or obligations related to the contract or transaction.
Points only in the will
Article 634 of the 2015 Civil Code stipulates: In case the testator does not write a will by himself, he/she can type it himself or ask someone else to write or type the will, but there must be at least two people. witness. The testator must sign or point to the will in front of the witnesses; the witnesses certify the signature and fingerprints of the testator and sign the will.
If the will consists of several pages; then each page must be numbered; and has the signature or fingerprint of the testator (Clause 3, Article 631 of the 2015 Civil Code)
So; points are just one of the ways; which the testator may choose in case the testator is capable of signing; or is mandatory in case the maker fails to sign; but still can score only.
The marking in the will is done in the same way as in the notarized document.
Points only in documents, other papers
In other documents and papers; if the involved parties want to confirm their participation in that legal relationship; It is also possible to score just for confirmation. This helps the parties involved in that legal relationship.
For example: house purchase and sale contracts, deposits, loans, etc.
Specify the color of the ink roller
According to the analysis of points only in notarized documents, points only in wills, points only in documents and other papers, there is no regulation on the color of fingerprint ink. Therefore, you can optionally choose the ink color of the fingerprint.
However, the fingerprint ink tray meets the following conditions:
Fingerprint must be very clear. The stamp cartridges we use are not for fingerprinting but for stamping. Fingerprints can be viewed as marks, but the protrusions are too detailed and shallow. It is a mistake to use the stamp ink tray to take fingerprints. It will smudge or ink out so much that the fingerprint cannot be read. The fingerprinting is only a formality.
Conventional ink trays use water-based ink, so the possibility of smearing is very high. And the amount of ink on the finger is quite a lot, so it will be smeared through the back of the paper.
The purpose of the ink tray on the market is not for hand-rolling so after using it. It is very difficult for you to clean the ink stains on your fingertips.
Another important factor that you will notice is that the ink tray is not designed for frequent travel, so it is not sealed and can spill ink on other documents.
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Frequently asked questions
When pointing, notarization requesters, witnesses, and interpreters use the right index finger. If you can’t score with your right index finger, you can score with your left index finger.
In case it is not possible to score with only those two index fingers, the points must be pointed with another finger and must clearly state which finger of which hand the point is pointed.
Using a pointer in tandem with signing adds security and is not too much of a hassle, which everyone should do to minimize unnecessary legal risk.
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 Regulation of fingerprint ink color in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
