Key Benefits:
Law of 11 October 2007, laying down rules on the swearing-in of interpreters and translators, and the quality and integrity of sworn interpreters and translators (Law swearing-in interpreters and translators)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to establish a law setting out rules on the swearing-in of interpreters and translators, and the quality and integrity of sworn interpreters and translators, in which the institutions are responsible for the use of the Law of 6 May 1878 , laying down provisions on the sworn translators;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of applying to or pursuant to this Act, the following definitions shall apply:
a. Our Minister: Our Minister of Justice;
b. Register: the register referred to in Article 2 ;
c. sworn interpreter: the person who is registered as such in the register;
d. sworn translator: the person who is registered as such in the register.
1 There is a register for sworn interpreters and translators. The register shall, in respect of each registered interpreter or translator, contain, in each case, the following information:
a. the personalia;
b. The indication of whether the person concerned is an interpreter or a translator;
c. the source or target language or source or target languages in which the interpreter or translator carries out its work; and
d. the other specific competences which the interpreter or translator may indicate in the register should be indicated.
2 Our Minister is responsible for the register. Our minister can point out an editor.
3 Our Minister may keep a list of the records of interpreters and translators who have a recent statement of behaviour and who are absent from training or the lack of independent experts. who may be able to verify the knowledge, do not demonstrate the required competences of language proficiency in the source or target language or knowledge of the culture of the country or region of the source or target language. Our Minister may appoint an institution to keep this list.
4 Any person requesting it shall, taking into account the rules relating to the protection of the privacy of the persons concerned or in accordance with general rules of administration, provide information from the register and the information provided by the authorities in the Member States. the third paragraph referred to in paragraph 3.
5 In the case of, or under general management, detailed rules may be laid down in respect of the provisions of the first to fourth members.
In order to be eligible for registration in the register, the interpreter must satisfy the requirements to be made by or on the basis of a general measure of management with respect to the following competences:
-attitude of an interpreter for the interpreter;
-attitude of a translator for the translator;
-integrity;
-language proficiency in the source language;
-language proficiency in the target language;
-knowledge of the culture of the land or region of the source language;
-knowledge of the culture of the country or territory of the target language;
-interpretation of the interpreter;
-translation skills for the translator.
1 An application for registration shall be made to our Minister.
2 In case of application for registration referred to in paragraph 1, the interpreter or translator shall provide a statement of behaviour as referred to in the first paragraph of this Article. Law and punitive data law .
3 The interpreter or translator who is resident in the Netherlands for less than five years shall also provide, in addition to the statement of behaviour, an integrity statement issued by a competent authority in the country of origin. Our Minister refuses to register the person concerned in the register if he is not satisfied that the integrity statement submitted provides sufficient assurance of integrity.
4 By way of derogation from the second paragraph, an interpreter or a translator who is not resident in the Netherlands shall make an integrity statement issued by a competent authority in the country of origin. Our Minister refuses to register the person concerned in the register if he is not satisfied that the integrity statement submitted provides sufficient assurance of integrity.
5 In the case of, or under general management, rules shall be laid down concerning:
(a) the particulars or documents to be submitted to the application for the purpose of assessing the application;
b. the manner in which the application was lodged;
c. the amount due in the course of the examination of the application.
6 Our Minister shall make a decision on the application for registration within six weeks.
7 With application of Article 28, first paragraph, final phrase, of the Services Act is Section 4.1.3.3 of the General Law on administrative law shall not apply to a request for registration as referred to in paragraph 1.
The application for registration shall be rejected if:
a. The applicant does not comply with the Article 3 requirements referred to;
b. the applicant is foreigner and has no lawful residence in the Netherlands within the meaning of Article 8, introductory wording and points (a) to (e), or (l) of the Aliens Law 2000 , or is not entitled to do work in the Netherlands;
(c) the applicant has been placed under receipation under a judgment of res judicata for his physical or mental state; or
(c) a measure taken against the applicant under this Law precluded the registration of the tendering procedure.
By way of derogation from Article 5 (a) , the application of an interpreter or translator who does not meet the requirements referred to therein shall not be rejected if:
(a) a recognition of professional qualifications was granted to him in respect of the profession in question as intended for the purposes of the General law on recognition of EU professional qualifications ;
b. he has obtained a certificate designated by Our Minister abroad that holds evidence of an acquired professional competence which can be deemed equivalent to the professional competence which is out of compliance with the requirements of the Article 3 should be derived from, or
(c) Our Minister, having regard to a certificate obtained by the person concerned abroad, has issued an attestation of his application on request, with no reservations about his registration in the register for his professional competence exist.
1 The sworn interpreter or translator entered in the register shall receive a certificate of registration.
2 The proof of registration shall indicate either the source or target language or source or target languages in which the interpreter or translator carries out its work.
1 The invitation to tender shall be for a period of five years. Invitations to tender may be extended by five years at the request of the sworn interpreter or translator.
2 On application for renewal of the invitation to tender Article 4, first to fifth paragraphs , by analogy, except that the declarations referred to in those paragraphs shall not exceed three months from the date on which the application for extension is lodged.
3 On application for renewal of the invitation to tender Article 5 (b) to (d) , mutatis mutandis.
4 The application for renewal of registration shall be rejected if the applicant, to be determined by or on the basis of a general measure of management, is unable to prove that he has kept the necessary knowledge and during the previous period has gained sufficient work experience as a sworn interpreter or translator.
5 The decision on the application for renewal of the tender shall be taken within four weeks.
6 With application of Article 28, first paragraph, final phrase, of the Services Act is Section 4.1.3.3 of the General Law on administrative law shall not apply to a request for renewal of the invitation to tender referred to in paragraph 1.
1 The registration may be removed from the register if our Minister has revealed serious facts or circumstances, the integrity or the professional competence of the sworn interpreter or translator.
2 The decision to register the tender shall determine the period between which no new application for registration may be made in the register. This period shall not exceed 10 years.
3 The registration of a sworn interpreter or translator may be temporarily passed through the examination of whether there is any reason to proceed to the removal of the register.
4 If a sworn interpreter or translator has not been sworn in within two months of registration, Our Minister may decide to pass the registration in the register.
5 The registration in the register shall in any event be passed on to the death of the attached Members and at the written request of the attached Members.
If a sworn interpreter or translator is entered in the register for more than one source or target language, the deletion may also be limited to one or more of these source or target languages.
1 The order of the Court to be removed shall be communicated in the Official Gazette.
2 A notice of temporary removal and termination of the temporary removal order shall be communicated in the Official Gazette.
1 The sworn interpreter or translator shall submit to the registry within two months of registration of the certificate. Articles 13 and 14 shall take an oath or pledge to the court of the district within which his place of residence is situated.
2 If the place of residence is outside the Netherlands, the oath or promise shall be made before the Court of The Hague.
3 In order to be able to be sworn in, the sworn interpreter or translator shall submit a certificate of registration in the register.
1 The sworn interpreter shall give the following oath or promise at the court hearing:
"I swear/promise that I will carry out my work as a sworn interpreter honestly, meticulously and impartially, and will behave as a sworn interpreter in the exercise of interpretation."
"I swear/promise that I will exercise secrecy with regard to confidential information of which I shall take note of my work".
2 When the oath or promise, referred to in paragraph 1, is made in the Frisian language, the text of the oath or promise shall read as follows:
"I swar/ûnthjit that I strangle myn wurk as sworn interpreter earlik, sekuer en ûnpartidich útfiere sil en my by it útoefenjen fan myn wurk as interpreter hâlde en Wink sil sa't that in sworn interpreter foeget".
"I swar/ûnthjit that I do a secret hâlding sil oangeande fertroulike ynformaasje dêr't i troch myn wurk kunde oan krij".
3 After taking the oath or promise, a certificate of swearing-in shall be issued to the sworn interpreter.
1 The sworn translator shall give the following oath or promise at the hearing of the court:
"I swear/promise that I will perform my work as a sworn translator honestly, meticulously and impartially, and shall behave as a sworn translator in the exercise of my translation work".
"I swear/promise that I will exercise secrecy with regard to confidential information of which I shall take note of my work".
2 When the oath or promise, referred to in paragraph 1, is made in the Frisian language, the text of the oath or promise shall read as follows:
"I swar/ûnthjit that I am strangling myn wurk as primal setter earlik, sekuer en ûnpartidich útfiere sil en my by it útoefenjen fan myn wurk as oersetter hâlde en Wink sil sa't dat in sworn primal setter foeget".
"I swar/ûnthjit that I do a secret hâlding sil oangeande fertroulike ynformaasje dêr't i troch myn wurk kunde oan krij".
3 After taking the oath or pledge, the sworn translator shall submit his signature to the Registry of the court, as referred to in Article 12, first paragraph or second paragraph .
4 After taking the oath or promise and laying down the signature, a certificate of swearing-in shall be issued to the sworn translator.
1 Upon presentation of the certificate of swearment, the person concerned shall receive a certificate of identity.
2 Our Minister shall lay down rules as to the identification of the certificate.
1 Any person may lodge a complaint with our Minister concerning the manner in which a sworn interpreter or translator has behaved in a particular matter towards him or any other.
2 Our Minister proposes a complaint committee to deal with and advise on complaints to the interpreters and translators who have been sworn in.
3 The complaint shall be signed and shall contain at least:
a. The name and address of the submitter;
b. the day drawing;
c. a description of the behaviour to which the complaint is addressed;
d. the name of the sworn interpreter or translator on whose conduct the complaint relates.
4 In the case of, or under general management, rules shall be laid down on the composition and operation of the Complaints Committee, including in any case rules on the independence of the Complaints Committee.
If the sworn interpreter or translator has been satisfied with his complaint to the satisfaction of the complainant, our Minister shall refrain from further consideration of the complaint.
1 Our Minister confirms the receipt of the lambation in writing.
2 If the complaint is received, it is stated that, if the complaint is to be dealt with, the Complaints Committee will advise it on that.
3 The hearing is done by the Article 16 The Complaints Commission. The Complaints Committee may hear it from the Chairman or a member of the committee.
1 Our Minister is not obliged to deal with the complaint if it relates to conduct:
(a) on which a complaint has already been lodged that has been made with due regard to the Articles 16 and next has been treated;
b. having taken more than one year before the lodging of the complaint;
(c) for as long as an investigation investigation is under way on the order of the prosecutor or a prosecution, or if the conduct is part of the investigation or prosecution of a criminal offence and that of the fact that the criminal investigation is Investigations are under way on the orders of the district attorney, or a prosecution is under way.
2 Our Minister is not obliged to deal with a complaint if the complainant's interest, or the weight of the conduct, is manifestly inadequate.
3 That the complaint does not take account of the complaint, the complainant shall be informed in writing of the complaint as soon as possible and at the latest within four weeks of the receipt of the complaint.
A copy of the manuscript and of the documents sent to the person on whose conduct a complaint relates shall be sent to the person concerned.
If the complaint is directed at the action of a member of the Complaints Committee, this paragraph shall be replaced by a different member to be referred to by the President.
1 The complaint committee states that the complainant and the person on whose conduct the complaint relates shall be heard in the opportunity to be heard.
2 Of the hearing of the complainant may be waived if the complaint is manifestly unfounded or if the complainant has stated that he does not wish to make use of the right.
3 Of the hearing, a report is made.
1 The complaints commission shall deal with the complaint within six weeks of receipt of the complaint.
2 The complaints board may take up the treatment for a maximum of four weeks. The adjournant shall be notified in writing to the complainant and to the person on whose conduct the complaint relates.
1 The Complaints Board shall send a report of findings accompanied by an opinion and any recommendations to our Minister. The report contains a report of hearing.
2 The Committee of Complaints may, in its opinion on the merits of a complaint, recommend to Our Minister that a sworn interpreter or a translator may be considered a temporary decommissioned or removed from the Court Register in the case of a person who is not a member of the Committee. register.
1 Our Minister handles the complaint within ten weeks of receipt of the lambation.
2 Our Minister may reduce the treatment of the lamition for a maximum of four weeks. The adjournant shall be notified in writing to the complainant and to the person on whose conduct the complaint relates.
3 Our Minister informs the complainant and the person to whom the complaint relates to the findings of the investigation of the complaint and of the conclusion that he/she makes of the findings.
4 If the conclusion of Our Minister deviates from the opinion, the reasons for that derogation shall be stated in the conclusion.
Our Minister is responsible for the registration of the complaints lodged with him. The registered complaints are published annually.
Against a decision on the treatment of a complaint, as referred to in Article 16, first paragraph , no appeal can be lodged.
1 The following services and agencies make use of sworn interpreters or translators exclusively in the framework of criminal law and the law on foreigners:
(a) The Administrative Department of the Council of State;
b. Courts belonging to the judiciary;
c. the Ministry of Public Service;
d. the Immigration and Naturalisation Service;
e. the police;
f. the Royal Marechaussee.
2 Our Minister may, by means of ministerial regulations, designate bodies and bodies to use sworn interpreters and translators in the framework of criminal law and foreigners law.
3 By way of derogation from the first and second paragraphs, an interpreter who is not a sworn interpreter or a translator who is not a sworn translator may be used if, because of the required pitch, an attached document is not available in due time in the register; or if the registry for the relevant source or target language or source or target languages does not contain an attached entry.
4 If departure from the first or second paragraph, the reasoned written record shall be laid down. In the absence of an urgent commitment from an interpreter or translator, it shall submit a recent statement of conduct or an integrity statement prior to his commitment. If it is not possible to make a statement of behaviour in view of the urgency of the situation, it shall be made after deployment. The Articles 29 and 32 shall apply mutatis mutandis to an interpreter or translator as referred to in the third paragraph.
The sworn interpreter shall be obliged to keep the information available to him in the performance of his or her activities and of which he is of a confidential nature or who should reasonably suspect, except in so far as the interpretation of that order is confidential or reasonably conjected. He is obliged by law to make it compulsory or to communicate the need for communication in his work.
In carrying out his work, the sworn interpreter shall be required to provide the certificate of identification, as referred to in Article 4 (2). Article 15 -To be shown on request.
1 Service or body referred to in Article 28, first and second paragraphs , if the particular nature of the work so requires from a sworn interpreter, it may require that prior to his commitment a recent declaration of behaviour be taken.
2 The costs associated with the application for the declaration of behaviour shall be borne by the requesting authority or body.
The sworn translator shall be obliged to keep the information available to him in the performance of his or her activities and of which he is of a confidential nature or who should reasonably suspect, except in so far as the person concerned is in a position to be confidential. He is obliged by law to make it compulsory or to communicate the need for communication in his work.
1 Service or body referred to in Article 28, first and second paragraphs , if the special nature of the work so requires, may require a sworn translator to make a recent statement of conduct prior to his commitment.
2 The costs associated with the application for the declaration of behaviour shall be borne by the requesting authority or body.
Our Minister may lay down rules to which the method of translation and administration of the sworn translator should be fulfilled.
1 Where documents or declarations which are to be entered in public registers by statutory regulation are in a foreign language, a faithful translation shall be attached to the document in English and shall be obtained in the form of a translation into the English language of the Agreed to be a translator for that bronze-sworn translator.
2 The translations shall be registered instead of the documents or declarations made in the foreign language which remain attached to the register.
3 It may be decided by law that the first and second paragraphs shall not apply.
In the case of a sworn translator's work on a service or a body as referred to in Article 28, first or second paragraph , he is obliged to give the certificate issued by Our Minister, intended to Article 15 -To be shown on request.
The Articles 3 and 5, part a , during a period of two years after the entry into force of this Act, shall not apply to the entry in the register of those who at the time of entry into force of this Act:
a. working as a sworn translator in the sense of the Law of 6 May 1878, laying down provisions on the sworn translators ; or
b. are definitely registered in the national quality register interpreters and translators, intended for the purpose of Temporary arrangement of 13 May 2003 authorising the Council for legal aid in ' s-Hertogenbosch, to the management of the national quality register interpreters and translators (Stcrt. 2003, 94).
The Law of 6 May 1878, laying down provisions on the swearing-in translators shall be withdrawn.
This law is cited as: Law swearing-in interpreters and translators.
Articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts thereof, and shall work as regards the Articles 41a to 41c back to 1 July 2006.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and public servants, who so concern, will keep their hands on the precise execution.
Given at The Hague, 11 October 2007
Beatrix
The Minister of Justice
,E. M. H. Hirsch Ballin
Issued the 23rd October 2007The Minister of Justice
E. M. H. Hirsch Ballin
