Laws Information

Title: Enforcement Rules for the Document Legalization Act for the Ministry of Foreign Affairs and Overseas Missions
Am Date: 2018-04-20
Legislative History: Amendments to Articles 3 and 5, and additional Article 5-1, promulgated by MOFA’s Administrative Order C3 No. 1077000166 on April 20, 2018, and taking effect that same day



Article 5-1
Where proof of authentication proves difficult to affix to the document, or at the request of the applicant, the legalization certificate may be issued for the photocopy of the document instead of for the original or its exemplification after the document has been authenticated in accordance with this Act; a note is to be affixed to indicate that the photocopy conforms to the original or its exemplification and that the original or its exemplification has been authenticated. Other notes may be added where necessary.
Article 3
“Identification document”as mentioned in Paragraph 1 of Article 5 of the Act refers to the following:
If the applicant is a natural person: a valid passport, National Identification Card, driver’s license, resident certificate, or other form of photo identification.
If the applicant is a juristic person, institution, or organization: a certificate of registration.
If the application is submitted by a statutory or appointed agent, the agent shall present his or her identification document or other relevant proof of representation.
When submitting an application by mail as per Article 2, a photocopy may substitute for the identification documents mentioned in Paragraph 1 of this Article.
If applicants mentioned in Subparagraph 1 of Paragraph 1 of this Article are ROC nationals and use their Chinese names on the application, they shall submit a valid ROC passport or National Identification Card. However, where the ROC passport has expired, the applicant shall submit a valid foreign passport, driver’s license, resident certificate, or other valid form of photo identification. Foreign nationals who use their Chinese names on the application shall submit a valid photo identification document bearing their Chinese name issued by the ROC or a foreign government.

Article 5
When an applicant applies for document authentication of a translation of a document together with the original copy in accordance with Subparagraph 6 of Paragraph 1 of Article 9 of the Act, an overseas mission shall process the application in one of the following ways:
Request that the applicant send the translation to a notary public or competent authority within the consular jurisdiction of the overseas mission whose signature or seal is on file to be notarized, attested, or authenticated.
Request that the applicant sign the translation and declare before a consular officer or other personnel designated by the head of the overseas mission that it is a true and accurate translation of the original copy or its exemplification.
When the translation of a document has been authenticated, the overseas mission shall continue processing the case in accordance with  Article 14 of the Act, and shall affix its seal across the original copy or its exemplification and the translation to indicate continuation, or do so by other means.