Blue-Ink and Black-Ink Signatures in Civil Transactions: Administrative Practice or Legal Standard?

I. INTRODUCTION

In the practice of concluding and performing civil transactions, many individuals and organizations remain uncertain as to whether signing with blue ink or black ink affects the legal validity of contracts or civil documents. In some cases, dossiers are rejected or parties are required to re-sign documents solely because the signature does not conform to the “customary ink color.”

This situation raises a noteworthy legal issue: does the use of blue ink or black ink when signing civil transactions constitute a mandatory legal standard, or is it merely an administrative practice formed through the application of law? Clearly distinguishing between these two concepts is essential to avoid misapplication of the law, infringement of contractual freedom, and the emergence of unnecessary disputes.

II. LEGAL FRAMEWORK GOVERNING CIVIL TRANSACTIONS

1. Regulations on the form of civil transactions

Pursuant to Article 117 of the 2015 Civil Code:

“A civil transaction shall be valid when it satisfies the following conditions:

1. The subject has civil legal capacity and civil act capacity appropriate to the established civil transaction;
2. The subjects participate in the transaction voluntarily;
3. The purpose and content of the transaction do not violate prohibitions of law or contravene social morality;
4. The form of the civil transaction is a condition for its validity in cases where the law so provides.”

Key legal observation:
The Civil Code does not impose any requirement regarding the ink color of signatures when establishing civil transactions.

2. Civil transactions in written form and signatures

According to Article 119 of the 2015 Civil Code:

“A civil transaction may be expressed orally, in writing, or by specific conduct.”

In this context:

• Written form is the most common form;
• A signature is the means by which a party expresses its voluntary intent.

Civil law focuses on intent, legal capacity, and the content of the transaction; it does not regulate technical aspects such as the color of ink used for signatures.

III. DOES THE LAW REQUIRE SIGNATURES TO BE MADE IN BLUE OR BLACK INK?

1. The 2015 Civil Code: No such requirement

Throughout the entire 2015 Civil Code:

• There is no provision requiring signatures to be made in blue ink or black ink;
• Ink color is not regarded as a condition for the validity of a civil transaction.

Accordingly, whether a document is signed in blue ink or black ink does not affect its legal validity.

2. Regulations in the administrative field – the origin of the “blue-ink, black-ink” practice

In the field of administrative documents, Decree No. 30/2020/ND-CP on clerical work regulates:

• The format of administrative documents;
• The signatures of competent authorities.

However, it does not mandate the use of blue or black ink for signatures.

The practice of using blue or black ink in administrative operations originates from:

• The need to distinguish original documents from copies;
• Practical requirements for storage and reproduction;
• Long-standing administrative management practices.

These are professional or technical practices rather than binding legal standards.

IV. DISTINGUISHING “ADMINISTRATIVE PRACTICE” FROM “LEGAL STANDARD”

1. Administrative practice

Administrative practices:

• Are formed through management practice;
• Are technical and procedural in nature;
• Are not codified in legal normative documents.

Examples include:

• Preferring blue ink to facilitate identification of original documents;
• Discouraging the use of red ink to avoid confusion.

Such practices do not create, alter, or invalidate the legal effectiveness of civil transactions.

2. Legal standard

A legal standard:

• Must be prescribed by a legal normative document;
• Only the violation of a legal standard may give rise to legal consequences, such as invalidity of a transaction.

The color of ink used for a signature is not a legal standard in civil transactions.

V. LEGAL VALUE OF BLUE-INK AND BLACK-INK SIGNATURES IN CIVIL TRANSACTIONS

1. A civil transaction remains legally valid if:

• The signature reflects the voluntary intent of the signatory;
• The subject has proper authority and legal capacity;
• The content and purpose of the transaction do not violate the law;

Regardless of whether the signature is made in blue ink or black ink.

2. Cases where ink color may have indirect relevance

Ink color may have indirect evidentiary significance, but it is not a condition of validity, for example:

• Difficulty in forensic examination where ink fades or lacks durability;
• Suspicion of erasure or alteration.

In such cases, the issue concerns the authentication of the signature as evidence, not the ink color itself.

VI. CONCLUSION

Based on the foregoing analysis, it can be affirmed that Vietnamese civil law does not require signatures in civil transactions to be made in either blue ink or black ink. The choice of ink color is merely an administrative practice and a technical management preference, not a legal standard determining the validity of civil transactions.

Accordingly, invoking “incorrect ink color” as grounds to deny the validity of a contract or civil transaction lacks legal basis. Proper understanding and application of this principle not only uphold the principles of freedom and voluntariness of contract, but also help prevent unnecessary formalistic disputes in civil and commercial practice.

📞 CONTACT LEGAL CONSULTANT:

TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.

1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association

Email: vtpthanh@tlalaw.vn

2. Lawyer Tran My Le, Ha Noi Bar Association

Email: tmle@tlalaw.vn

Khuong Ngoc Lan