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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/12/05 03:30
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Chapter Law Content

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:
1. Document legalization: document authentication and certificate issuance.
2. Document authentication: the process by which the Ministry or an overseas mission, upon application by parties directly concerned with the document(s) or other interested persons, confirms the authenticity of the signature or seal of the document’s issuing authority, authorized signatory, or notary public, or the existence of the document in form, by comparing it against signatures and seals on file, or by other appropriate means.
3. Certificate issuance: the process by which the Ministry or an overseas mission, upon application by parties directly related to the document(s) or other interested persons, issues a certificate after comparing the photocopy of the document with the original copy or its exemplification, or confirming that the document’s content conforms to the purpose of the application in accordance with the laws and regulations of the Republic of China (hereinafter referred to as “the ROC”) or request(s) by a foreign agency.
4. Consular officer: diplomatic and consular personnel or other personnel assigned by the Ministry to perform consular affairs.
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:
1. The applicant’s name, gender, date of birth, ID document number, current and permanent address; in the case of a juristic person, institution, or other organization, its name and office location as well as the number of its relevant license or certificate;
2. If application is made by a statutory or appointed agent, his or her name, gender, date of birth, ID document number, and current and permanent address;
3. Purpose and use of the application;
4. The name and number of documents and supporting documents; and
5. Date of application.
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.
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