For civil and domestic matters, it is not unusual to hear that documents ordered by a court to be served on a party residing overseas have not been serviced for years.

To avoid litigation delay and protect litigants’ rights at the same time, the Legislative Yuan issued the interpretation letter, Yuan-Tai-Ting-Min-Yi-Zi No. 1100001454, regarding “civil matters (include domestic matters) regarding entrusting service to countries having international assistance treaties or mutual legal assistance agreements with Taiwan” on January 12, 2021. A brief summary is as follows:

1. For service to countries having international assistance treaties or mutual legal assistance agreements with Taiwan (e.g. Vietnam), pursuant to Article 145 Paragraph 1 of the Code of Civil Procedure, the court shall entrust such task to the competent authority of such country or the embassies or any other institutions or organizations stationed in the country and authorized by the government of Taiwan,.

2. In the case that the service attempt is completed in accordance with the preceding paragraph but still cannot be effectuated long after a lapse of a reasonable period of time, the service can also be entrusted to the Taiwan Embassy for the effectuation of the service. (i.e., relieving from the requirement to rely on the competent authority of the competent authority of the said country.)

3. If the service still cannot be effectuated after attempts in accordance with the above method, the court may discern whether the circumstances warrant service by publication and inform the parties the service effectuate status from time to time and provisions relevant to service by publication.

4. Entrusting service effectuation for domestic matters shall also follow the aforementioned provisions. (Article 51 of the Family Act)

(Author: Jerry Hung)

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