Contract for Land Donation Without the Donor's Signature?

I would like to ask: I am in Long An, at the Commune People's Committee, there is an officer who notarizes the donation contract for homestead land, but the donor cannot sign or speak, though can still hear. Is it permissible for that person to use a fingerprint instead of a signature on the contract? Or is a signature mandatory? At that time, the person was still lucid.

Based on Clause 3, Article 36 of Decree 23/2015/ND-CP, the provisions are as follows:

The parties to the contract or transaction must sign in the presence of the certifying officer. In the case where the authorized person to enter into contracts of credit institutions or enterprises has registered their specimen signature with the certifying agency, they may sign the contract in advance; the certifying officer must compare their signature on the contract with the specimen signature before certifying. If there is doubt that the signature on the contract differs from the specimen signature, they require the person to sign in their presence.

In the case where the person requesting certification is unable to sign, they must fingerprint; if that person is unable to read, hear, sign, or fingerprint, there must be 02 (two) witnesses. The witnesses must have full civil act capacity and have no rights, interests, or obligations related to the contract or transaction.

Thus, it can be seen that the gifting of assets does not mandatorily require the signature of the donor if they have fingerprinted on the gifting contract in accordance with the aforementioned regulations.

Sincerely!

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