Translation and Legalization in Thailand

Translation and Legalization in Thailand. In Thailand, foreign documents that are to be submitted to a Thai government agency, court, or other authority must be translated into Thai and often legalized or authenticated through a multi-step process. This requirement arises in various areas, including:

• Immigration applications

• Property ownership or leasing

• Court proceedings (civil and commercial)

• Corporate registration

• Marriage, divorce, inheritance, and adoption proceedings

Thailand is not a party to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention). Therefore, a two-step legalization process involving both the foreign and Thai authorities is mandatory for official use of foreign-issued documents.

II. Legal Basis and Applicable Authorities

III. Step-by-Step Legalization Process for Foreign Documents

1. Authentication in the Country of Origin

Before submission in Thailand, the foreign document (e.g., birth certificate, power of attorney, company registration) must be:

• Notarized by a recognized notary public, and

• Authenticated or legalized by the Ministry of Foreign Affairs (or equivalent) in the country of origin

Some countries (e.g., U.S., UK, Australia) require additional steps, such as:

• State-level authentication

• Foreign and Commonwealth Office verification (UK)

• U.S. Department of State apostille or authentication

2. Translation into Thai

• The original document must be translated into Thai by a certified translator

• Translations should be accurate and formatted consistent with the original

• Thai government offices may reject literal translations that deviate from formatting norms or lack legal terminology equivalence

Some agencies (such as the Department of Lands or the Central Bankruptcy Court) require only Thai translations; others may accept bilingual (Thai-English) versions.

3. Certification of Translation

The translation must be:

• Signed and stamped by the translator (who may be asked to appear in person)

• Accompanied by a certification of accuracy

• Optionally notarized or certified by the translator’s affiliated agency

Note: Only translations that are subsequently accepted by the Ministry of Foreign Affairs (MFA) are considered valid for government use.

4. Legalization by the Thai Ministry of Foreign Affairs (MFA)

The final step requires submission of:

• Original document (with foreign authentication)

• Thai translation

• Copy of passport or ID of the applicant or company documents

• Application form and legalization fee (THB 200–400 per document)

Processing time:

• Standard service: ~3 business days

• Express service: Same-day or next-day, subject to document type and capacity

Upon acceptance, the MFA affixes a legalization certificate or stamp to both the original and translation.

IV. Legalization of Thai Documents for Use Abroad

When Thai documents (e.g., company affidavits, court judgments, academic transcripts) must be used overseas:

1. Thai document is translated into the destination language (usually English)

2. Translations are certified

3. Both original and translation are submitted to the MFA in Bangkok for legalization

4. Finally, they are submitted to the relevant foreign embassy or consulate in Thailand for final endorsement, unless the receiving country waives this requirement

Some countries require that documents be certified by the issuing agency (e.g., Department of Business Development or the Court Registrar) prior to MFA submission.

V. Special Cases and Exceptions

1. Powers of Attorney

For foreign nationals executing powers of attorney for use in Thailand (e.g., land purchase):

• Must be notarized and legalized in the country of execution

• Must be translated and legalized by MFA in Thailand

• Format must comply with Land Department regulations, including:

  • Specific authority granted

  • Certified passport copies

  • Signature match across documents

Failure to follow formatting standards may lead to rejection by the Land Office.

2. Judicial Use of Foreign Evidence

Under Thai civil procedure, foreign documents offered as evidence (e.g., corporate records, marriage certificates) must be:

• Translated into Thai

• Certified by the MFA

• Often presented alongside a certificate of foreign law, where applicable (e.g., affidavit from foreign legal expert)

Judges may reject unauthenticated translations or require additional witness testimony to validate the content.

VI. Translation Standards and Professional Liability

While Thailand has no centralized licensing body for translators, agencies that specialize in legal translations must adhere to:

• Terminological accuracy (e.g., Civil Code terms, corporate structures)

• Use of official equivalents (e.g., กรมพัฒนาธุรกิจการค้า = Department of Business Development)

• Adherence to document layout and formatting consistency

Erroneous translations can:

• Invalidate transactions or court filings

• Lead to rejection of immigration or land transfer applications

• Cause delays in litigation or contract enforcement

Some law firms include certification clauses holding translators liable for mistranslation in their terms of engagement.

VII. Document Retention and Recordkeeping

The MFA retains legalized document copies for a limited statutory period (usually 5 years), after which records may be destroyed. Therefore:

• Applicants should maintain authenticated copies for future use

• Corporate entities are advised to archive translations and legalization certificates with their compliance files

Documents submitted to land offices, courts, or the DBD are generally not returned.

VIII. Common Issues in Practice

IX. Conclusion

Translation and legalization in Thailand involve multi-jurisdictional coordination, formal certification, and adherence to specific institutional practices. The process is not merely clerical—it is an integral compliance component in litigation, property transactions, cross-border commerce, and immigration.

Legal advisors and corporate actors must ensure:

• Use of verified translators familiar with Thai legal terminology

• Authentication paths conform to Thailand’s two-tier legalization model

• Proper sequencing of notarization, translation, and legalization

• Archiving of all documents and official seals for future proceedings