Translation and Legalization in Thailand

Translation and Legalization in Thailand. In Thailand, the processes of translation and legalization are essential for the admissibility, authentication, and cross-border validity of documents in civil, commercial, immigration, and judicial contexts. This system reflects the civil law principle that documentary evidence must meet formal legal standards to have evidentiary value or to be accepted by public authorities.

Unlike countries that are parties to the 1961 Hague Apostille Convention, Thailand mandates legalization through consular and government channels, making the process more complex and document-specific. Furthermore, official documents in foreign languages must often be translated into Thai by qualified translators and certified by Thai authorities.

II. Legal and Administrative Framework

The Department of Consular Affairs under the Ministry of Foreign Affairs (MFA) plays a central role in legalization, while the Lawyers Council oversees the conduct of Notarial Services Attorneys.

III. Scenarios Requiring Translation and Legalization

A. Foreign Documents Used in Thailand

Examples include:

• Birth, marriage, and divorce certificates

• Foreign company incorporation documents

• Powers of attorney, court judgments, and affidavits

• Academic records or police clearance certificates

• Medical or insurance records for immigration or court use

These must be translated into Thai and legalized by the Thai embassy in the issuing country, followed by further certification by the MFA in Thailand.

B. Thai Documents Used Abroad

Examples include:

• Thai court decisions

• Vital records issued by district offices (amphoe)

• Criminal record certificates

• Commercial registrations or business licenses

These are typically translated into the language of the receiving country, notarized by a Thai notarial attorney, legalized by the MFA, and in some cases, submitted to the embassy or consulate of the destination country.

IV. Translation Requirements

A. Legal Acceptability

A document translation must be:

• Accurate and complete

• In accordance with Thai legal terminology

• Performed or certified by a recognized translator, often supported by a declaration of accuracy

B. Translation for Litigation

For court submissions, under the Evidence Act and Civil Procedure Code:

• Translations must be certified by a Notarial Services Attorney or the court may order a re-translation

• The translator may be summoned for examination if authenticity is challenged

• In civil and criminal trials, judges may exclude improperly translated or uncertified documents

V. Legalization Procedures

A. Legalization of Thai-Origin Documents (for foreign use)

1. Obtain original document from the issuing agency (e.g., district office, court, or DBD)

2. Translate the document into the required foreign language

3. Certify the translation through a licensed notarial services attorney

4. Submit both original and translated documents to the MFA Legalization Division

5. (If required) Submit legalized documents to the foreign embassy or consulate in Thailand

B. Legalization of Foreign-Origin Documents (for Thai use)

1. Authenticate the document through the competent authority in the country of origin (e.g., Ministry of Foreign Affairs or equivalent)

2. Submit the document to the Thai embassy or consulate in that country for legalization

3. Translate the document into Thai upon arrival in Thailand

4. Certify the translation with a notarial attorney

5. Submit to the Thai MFA for final legalization, if required by the receiving Thai authority

Note: An Apostille is not accepted in Thailand, making the above consular chain of legalization mandatory.

VI. Notarial Services in Thailand

Thailand does not have a centralized notary public system like civil law countries. Instead:

• Notarial services are provided by lawyers licensed and certified by the Lawyers Council of Thailand as Notarial Services Attorneys

• These attorneys are authorized to:

  • Certify copies of documents

  • Witness signatures

  • Administer declarations or affidavits

  • Authenticate foreign-language translations

Legalization by a notarial attorney alone is not sufficient for international use—it must be followed by MFA legalization and, if applicable, embassy-level certification.

VII. Legal Consequences of Improper Translation or Legalization

Thai courts apply a strict evidentiary standard, particularly in family law, land ownership, or probate matters involving foreign elements.

VIII. Special Cases and Administrative Practices

A. Legalization of Commercial Documents

• For use in company registration, BOI applications, or real estate purchases, foreign companies must provide:

  • Incorporation certificate

  • Power of attorney

  • Board resolutions

All must be authenticated and translated before submission to the Department of Business Development (DBD) or Land Office.

B. Legalization for Immigration or Visa Purposes

• Foreign marriage certificates, birth certificates, and police records must be:

  • Translated into Thai

  • Certified by Thai MFA

  • Presented to the Immigration Bureau or Ministry of Foreign Affairs’ Visa Division

IX. Processing Time and Costs

Expedited service is available at MFA with surcharge.

X. Conclusion

Translation and legalization in Thailand are not merely linguistic or clerical exercises; they are formally regulated legal processes that ensure the cross-border credibility and admissibility of documents. Whether for court proceedings, immigration, business formation, or asset transactions, compliance with procedural standards is essential.

Legal professionals must ensure that all documents are:

• Translated accurately using legally appropriate terminology

• Properly certified by authorized notarial officers

• Legalized through the MFA and, where applicable, foreign embassies

Failure to meet these requirements can lead to inadmissible evidence, invalid transactions, or regulatory non-compliance, with significant legal and financial consequences.