Translation and Legalization in Thailand

Translation and Legalization in Thailand. In Thailand, legal documents in a foreign language must often be translated and legalized to be admissible in court proceedings, government filings, immigration procedures, business registrations, and cross-border transactions. The process ensures that the document’s authenticity, origin, and accuracy of translation are verified in accordance with Thai evidentiary and administrative standards.

Thailand is not a party to the 1961 Hague Apostille Convention, meaning that legalization—not apostille—is required for international document authentication. This article provides a technical analysis of translation standards, notarization, legalization by Thai authorities, and foreign document recognition under conflict-of-law principles.

II. Legal Basis and Regulatory Framework

The Ministry of Foreign Affairs (MFA) is the central authority for document legalization and consular authentication in Thailand.

III. Scope of Documents Requiring Translation and Legalization

A. Common Scenarios

1. Foreign documents used in Thailand

   • Passports, birth/marriage certificates, divorce decrees

   • Foreign company documents (certificates of incorporation, power of attorney)

   • Academic transcripts, police records, court judgments

   • Licenses and contracts executed abroad

2. Thai documents used abroad

   • Criminal record certificates

   • Business registration documents

   • Thai court decisions or notarial affidavits

   • Vital records issued by Thai district offices

Each document intended for cross-border legal effect must undergo both translation (if required) and legalization through a chain of authenticating bodies.

IV. Translation Requirements

A. Language Standards

• Documents not originally in Thai must be translated into Thai to be used with Thai authorities or courts

• Likewise, Thai documents must be translated into the destination country’s language when submitted abroad

B. Types of Translations

1. Official Translation (Certified)

   • Performed by a licensed translator

   • Accompanied by a signed certificate of accuracy

   • Used for court filings, immigration, land office submissions

2. Sworn Translation (Court Usage)

   • Translator may be summoned to testify in court

   • Must conform to Section 94 of the Evidence Act

3. Embassy-Certified Translation

   • Some embassies require translations to be certified by their own staff or approved vendors

V. Legalization and Notarial Services in Thailand

A. Domestic Notarization in Thailand

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

• Licensed Thai lawyers can apply for Notarial Services Attorney (NSA) status

• Under Section 39 of the Lawyers Council Regulations, only lawyers with NSA status may notarize documents

• Notarial acts include:

  • Certifying copies

  • Witnessing signatures

  • Administering declarations

However, Thai notarial services are not sufficient for foreign use unless also legalized by the MFA.

B. MFA Legalization Process (for Thai-origin documents)

To use a Thai document abroad:

1. Have the document translated into English or the destination language

2. Have the translation certified (by a notarial attorney or translator)

3. Submit the original and translation to the Legalization Division of the Department of Consular Affairs (Chaeng Watthana)

Processing time:

• Normal service: ~3–5 business days

• Express service: 1–2 business days (additional fee)

The MFA will affix a legalization stamp and signature to the certified copy or translation.

VI. Legalization of Foreign Documents for Use in Thailand

To use foreign documents in Thailand, such as a marriage certificate or corporate power of attorney:

Step 1: Legalization in the Country of Origin

• Document is authenticated by the relevant authority (e.g., Department of State, Foreign Affairs Ministry)

• Then certified by the Thai Embassy or Consulate in that country

Note: Apostille-only documents are insufficient in Thailand, since Thailand is not a Hague member.

Step 2: Translation and Secondary Legalization in Thailand

• Once in Thailand, the document must be translated into Thai

• The translation is then certified and submitted to the Thai MFA for secondary legalization

• The final document is used in court, immigration, or business registration processes

VII. Recognition of Foreign Judgments and Documents

Under Section 8 of the Conflict of Laws Act:

“A foreign document is admissible if made in accordance with the law of the country in which it was executed and legalized.”

However, for use in litigation:

• Thai courts require the foreign document to be certified and translated

• In some cases, the court may require witness testimony to validate the document’s legal effect abroad

• Foreign court judgments are not directly enforceable, but may be submitted as evidence in a new Thai proceeding

VIII. Challenges and Common Issues

In all cases, the chain of authenticity must be clearly documented.

IX. Special Procedures for Corporate and Commercial Documents

Thai authorities frequently require:

• Board resolutions or power of attorney documents from foreign companies

• Certified by a notary public abroad, then legalized by the Thai Embassy

• Accompanied by company registration certificates and ID of authorized directors

These are commonly required in:

• Company registration with the Department of Business Development

• Real estate purchases or leases involving foreign entities

• Bank account openings

X. Conclusion

Translation and legalization procedures in Thailand form a critical gatekeeping function for the admissibility and enforceability of foreign and domestic documents. These processes are not merely bureaucratic formalities—they ensure cross-border legal recognition, evidentiary reliability, and transactional validity in both public and private legal acts.

Given the absence of apostille recognition and the importance of linguistic accuracy, parties engaged in international or government-facing transactions in Thailand must ensure that documents undergo proper translation, certified notarization, and legalization by the appropriate diplomatic or consular authority.