Chapter 1 General Principles
Article 1
Document legalization by the Ministry of Foreign Affairs (hereinafter referred to as “the Ministry”) and overseas embassies, consulates general, consulates, representative offices, offices, and other agencies authorized by the Ministry (hereinafter referred to as “overseas missions”) is governed by this Act.
Article 2
The competent authority for this Act is the Ministry of Foreign Affairs.
Article 3
The terms used herein denote the following:
Article 4
An overseas mission shall perform duties in its consular jurisdiction area in accordance with the Act.
Article 5
When applying for document legalization, the applicant shall provide his or her identification document and submit an application form with the following information:
The application form shall be signed or stamped by the applicant or his or her statutory or appointed agent. If a fingerprint is used instead of a signature, the applicant’s name shall be written down by another person, who shall state the reason(s) for doing so and sign.
A letter of authorization shall be provided if the application is submitted by an agent.
Article 6
The Ministry and overseas missions, in the conduct of document legalization, may, when necessary, inquire of relevant institutions, organizations, or individuals in the ROC and abroad, and may request their assistance.
Article 7
In the conduct of document legalization by the Ministry or overseas missions, the responsible consular officer shall sign or stamp the authentication or certificate with his or her name, official title, and the name of the Ministry or the overseas mission, and affix its official seal.
Under special circumstances, overseas missions may use other names or titles approved by the Executive Yuan or the Ministry.
Chapter 2 Document Authentication
Article 8
The Ministry may authenticate the original copy or exemplification of the following documents:
The Ministry may authenticate photocopies of the following documents:
Article 9
An overseas mission may authenticate the original copy or exemplification of the following documents:
Photocopies of the documents mentioned in the preceding paragraph which have been certified as a true copy by the issuing authority or its superior authority may also be authenticated by an overseas mission.
An overseas mission may authenticate photocopies of the following documents:
Article 10
The overseas mission shall only provide legalization of documents issued within its jurisdiction. However, an exception shall be made if the application is deemed a special case and document verification is not difficult upon approval from the Ministry.
Article 11
The Ministry or any overseas mission shall reject applications for document authentication under any of the following circumstances. However, where possible, the Ministry or overseas missions may allow the applicant to provide supplemental information within a requested time period.
For documents issued in countries or areas which do not recognize authentication by the ROC, the application for authentication may be rejected.
Article 12
In the conduct of document authentication as stipulated in Paragraph 1 of Article 8, the Ministry shall compare and verify whether the signature or seal of the authorized signatory on the original copy or its exemplification conforms to the signature or seal on file.
In conducting document authentication as stipulated in Subparagraphs 1-5 of Paragraph 1 of Article 9, an overseas mission shall compare and verify whether the signature or seal of the authorized signatory on the original copy or its exemplification conforms to the signature or seal on file. Where there is no signature or seal on the document or no file to compare with, the overseas mission may request that the applicant submit the document for authentication to the superior authority of the document’s issuing authority or to the competent authority which has provided its specimen signature or seal to the overseas mission; or it may verify the existence of the document in form by other appropriate means.
An overseas mission may conduct document authentication as stipulated in Subparagraph 6 of Paragraph 1 of Article 9 by the following means:
When conducting authentication of photocopies of documents as stipulated in Paragraph 2 of Article 9, an overseas mission shall compare and verify whether the signature or seal of the authorized signatory of the issuing authority or its superior authority, which certifies photocopies of the documents as true copies, conforms to the signature or seal on file. Where there is no signature or seal to compare with, the overseas mission may request that the applicant submit the document for authentication to the superior authority of the document’s issuing authority or its competent authority which has provided its specimen signature or seal to the overseas mission; or it may verify the existence of the document in form by other appropriate means.
Article 13
When authenticating photocopies of documents stipulated in Paragraph 2 of Article 8, or Subparagraph 1 of Paragraph 3 of Article 9, the Ministry or overseas mission, respectively, shall request that the applicant provide the original copy or its exemplification and verify whether the photocopy and the original copy are identical and whether the signature or seal of the Ministry or the overseas mission on the original copy or its exemplification is authentic.
In the conduct of document authentication as stipulated in Subparagraph 2 of Paragraph 3 of Article 9, an overseas mission shall verify the validity of the existence of the document in form by appropriate means.
Article 14
Once the submitted document has been authenticated in accordance with this Act, the Ministry or the overseas mission shall issue a legalization certificate in accordance with Article 7 of this Act. Where necessary, other notes may be added after an investigation has been made into the substantive content of the document. Applications shall be rejected where a document is found to be inauthentic.
Article 15
Document authentication only certifies the authenticity of the signature or seal of the document’s issuing authority, authorized signatory, or the existence of the document in form. It does not validate the contents of the document for which it was issued.
Article 15-1
Documents issued in the territory of a nation having signed with the ROC a written agreement on abolishing relegalization requirements, after being legalized by the competent authority designated by said nation’s government, shall have the same legal effect as if legalized by the relevant ROC overseas mission.
Chapter 3 Certificate Issuance
Article 16
The Ministry may issue certificates for the following:
Article 17
An overseas mission may issue certificates for the following:
Article 18
Those who apply for certificates in accordance with Article 16 or Subparagraph 1 of Article 17 shall provide the original of the document or its exemplification.
Those who apply for certificates in accordance with Subparagraphs 2 and 3 of Article 17 shall provide supporting documents that have been properly authenticated.
Article 19
The Ministry or an overseas mission shall refuse requests for certificate issuance in any of the following circumstances. However, where possible, the Ministry or overseas missions may allow the applicant to provide supplemental information within a requested time period.
Under the circumstances mentioned in Subparagraph 4 of the preceding paragraph, an overseas mission may accept the application if it has no difficulties in verifying the supporting documents and if the applicant agrees to pay fees associated with verification.
Article 20
When issuing a certificate as stipulated in Article 16 or Subparagraph 1 of Article 17, the Ministry or overseas mission, respectively, shall verify whether the photocopy of the document conforms to the original copy or its exemplification.
An overseas mission issuing a certificate as stipulated in Subparagraphs 2 and 3 of Article 17 shall review the contents of supporting documents and confirm their relevance to the application.
Article 21
When issuing a certificate as stipulated in Article 16 or Subparagraph 1 of Article 17, the Ministry or overseas mission, respectively, shall verify that the photocopy conforms to the original copy or its exemplification and issue a certificate in accordance with Article 7 of this Act, and then issue the legalization certificate for the photocopy to certify it as a true copy; other notes may be added if needed. The application shall be rejected if the photocopy is found not to conform to the original copy or its exemplification.
An overseas mission issuing a certificate as stipulated in Subparagraphs 2 and 3 of Article 17 shall review the contents of supporting documents and, when confirming they conform to the purpose of the application, issue a certificate in accordance with Article 7. The application shall be rejected if any supporting document is found to be inconsistent with the application.
Chapter 4 Penal Provisions
Article 22
Articles 210 to 212 and Articles 214 to 218 of the Criminal Code apply to those who commit crimes at overseas missions or at the offices of institutes in Hong Kong or Macao established or designated by, or private organizations authorized by, the Executive Yuan.
Chapter 5 Supplementary Provisions
Article 23
The Ministry or overseas missions may deny or reject applications in accordance with Articles 11, 14, 19, and 21 of this Act by verbal or written notice. However, if the applicant or an interested party requests written notification, the Ministry or overseas mission shall not deny such a request.
If the applicant or interested party disagrees with the Ministry or the overseas mission’s denial or rejection of the application, he or she may state reason(s) and provide relevant document(s) in a written objection within 15 days of the initial denial or rejection. Where the Ministry or the overseas mission finds the objection reasonable, it shall deal with the case appropriately within 15 days. Where the objection is considered to be unreasonable, the Ministry or the overseas mission shall inform the applicant or interested party of its decision to maintain the original denial or rejection of the application by written notice within 30 days. If the applicant or interested party still disagrees with the denial or rejection of the objection, he or she may file an administrative appeal or an administrative suit.
Article 24
After this Act enters into force, all issues related to attestation or authentication which, according to any other law or regulation, is to be performed by overseas missions, shall be pursued in line with this Act.
Article 25
Except where otherwise stipulated by law, the provisions set forth in this Act shall apply mutatis mutandis to institutes and organizations in Hong Kong or Macao authorized by the Executive Yuan when conducting document legalization.
Article 26
Regulations regarding the archiving and destruction of documents used for document legalization procedures mentioned in this Act shall be prescribed by the Ministry.
Article 27
Standard fees for document legalization covered by this Act shall be prescribed by the Ministry.
Article 28
The enforcement rules for this Act shall be prescribed by the Ministry.
Article 29
This Act shall be take effect on and from the date determined by the Executive Yuan. Amended articles of this Act shall come into force on and from their date of promulgation.