VEND TiNH KHANH BOA
S6NGO~I VI)
S6: gCS
/SNgV-LS
CONG IIOA XA HOI cnu NGHiA VI(t1' NAM
DOc Iftll - 1'\1' do - JI~}nh phtlc
Khanh Hoa, ngay OJ thtmg ~
nam 2016
V/v thong bao quy djnh cua Thai Lan
trong vi~c
ph~t vi ph~m cua am
___
,._
thuy~n nuac ngoai.
THONG T'-li~-\'-'I\-T-RljY!~r~TH(Jr~G
I
xu
'so
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i Cl1uyr~n
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Kinh gui:
- B9 Chi huy BQ d9i Bien phong tinh Khanh Boa;
- UEND cae huyc;n, thi xu, thanh ph6 yen biSn,
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o;!J
,
..__.-._.....:,---._' --""'S-&N"go\tiV\l nh~n dugc Cong van s6 3677/LS-BHCD
ngay 14/12/2015 eLlU
evc Lanh S\l - B9 Ngo<;tigiao thong bao v6 cac quy (1inh cua Thai Lan trong vic;c
xu ph<;ttsai ph<;tmd6i vai tau thuy~n nuac ngoai ho<;ttd9ng trong khu V\TCd{mh bth
cua Thai Lan, cv thS nhu sau:
Ngmli nhu'l1g quy dinh co hic;u h,rc truac day, Thai Lan dil ban h~mh nhuong
quy dinh mai trong D<;tolu~t vS dc'mh b~t thuy san 2015. Nhin chung, nhCi'ng hanh
vi dc'mh b~t thuy hai san b~t hgp phap t<;tivung biSn nuac b<;tnd~u bi xu ph<;tthanh
chfnh ho~c ph<;tttu ho~c bi ap d\lng ca hai hinh th{rc xlr ph<;tttren. Trong d6, m{rc
ph<;tttu t6i da la 03 nam; mlrc ph<;tttiSn t6i da la 1.000.000 Baht, tuang duang han
600.000.000 06ng (sau tram tri~u d6ng).
DS tranh tinh tr<;tngngu dan va tau th,uYSn cua ta vi ph<;tmphap lu~t cua cac
nuac, bi h,rc 1ugng chuc nang nuac ngoai bat giCi',gay thi~t h<;tive nguai va tai san
cho ba con ngu dan dia phuong, So' Ngo<;tivv oS ngh! Quy co quan nhanh chong
thong bao cho cac chu tau, ngu dan dugc bi€t vS nhfrng quy oinh neu tren; d6ng
thai v?n 09ng, khuy€n lillich ba con ngu dan yuan khoi barn biSn, oanh b~t trong
vung biSn Vi~t Nam.l.~
(Dinh kern van bim tiing Anh, bem dtch kh6ng chinh thuc cac quy atnh
phaplu9tThaiLan).
Nui nh~n:
- Nhutren;
- UBND tinh (d€ b/e);
- S6'TT & IT;
- S6'NN&PTNT;
- Cong an tinh;
- LUll:
VT, NNDo
Nglly~n Quoc Tram
Lu~t Thai Lan ap d\lng cho
am
thuy~n nU'o'c ngoai ho~t dQug trong kllU v\J'c danh bAt
cua Tluli Ian
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Dieu ~~t
.,....._....
1. D~o lu~t vcdanb bat thuy san 2015
_SUo d\mg cong Cl}danh b5t thuy biii san
trong kbu Vl}'Cdanh bfit ngoai kiwi ma
khongduQ'c dp phep.
-SUo dl}ng cac conp c~ dm,>'cghi ro tr<mg
quy Binh daub bat gan bir cua Be} Thuy
• ma• c hu'a uU'Q'ccap
it
A
san
p h'cp
2. Quy~t djnh s8 1012558 cua Uy ban gIn
gill' hoa blnh qu8c gia v~ vi~c giai quy~t
cac v5n d~ pluH sinh tll' vi~c Mmh bf.t b5t
h(lP phap, khong bao cao va kh6ng co S\l'
qmlu
ly.
- Chu tau bo~c ngU'cri kinh doallh chfip
nh~n cho
nhan khac sU' dt,lllg cong Cl,l
dauh b~t ma chU'a du'Q'c c5.p phep.
3. D~o lu~t quy djuh Y~ quy~nlQ'i danh b~t
trong kllU Yt,rcdauh b~t cua Thai Ian nam
en
1939.
- DiJng thUY~ll llUO'Cngoai danh b~t ca
trong khu Yl}'Cdanh b~t cua Thai Lan
Co•••••
",,,,,
•••
"."F.
•.•.• _
••••.••,_._.
.__..._..._ ..._.~u'
__
• __
•
•••
E~! sai Eb~m __
•
".
._._
_
.....
xu
- Vi p1wm diSu 43,
ph~t thee dieu 88 pb~t
ill khong qua 3 nam ho~c ph~t hanh chfnh
khong qua 300,000 Bath ho~c ca ph~t tit
ph~t hanh chfnh.
va
.. Vi p1Wmdi€u 8, xu ph~t theo di~u 18, p1Wt
tll k116ng qua I nam ho~c p1wt hfmh chfnh
k116ng qua 100,000 Bath ho~c
ph~t tll va
ph?t hanh chfnh
ca
- Vi ph~m di6u 7, xu ph~t theo di~u 11, chti
tau ho?c ngu6i di~u khi~n tau bi xu ph~t
hanh chfnh khOng qua 1,000,000 Bath. N~u
kh6ng xac djnh dugc ai la chu phuOTIg ti~n
ho~c ngucrj di~u khi~n phuongti~n, tAt ca
nhung thanh vien con l:;lise chiu ph:;lt chung
kh6ng qua 1,000,000 Bath
4. D~o Iu~t Y~ Xufit llh~p dnh
nam 1979
- Ngum. nmyc ngoai kh6n~ lam thu tl}C •
nh~p canh t~i cac cu'a kMiu, cac tr~m kH~m
smit.
- Ngum.nuO'c ngoai vao sinh s8ng tren dia
ph~n Thai Lan ma chua dU'Q'ccfip phep.
5.D~() l11~tv~ H~ng hiii trong Hinhhiii
ThaiLari.n~m2003.
-Lami~hi~nlVl}
0' vi tri (nguOi di~u kh,i~n
tim)matheo
lu~tv@ ki~m soat tau thuy~n
qllydjnhplliiic6
ch6'ngchi
chimgnh~n
trinh oQ va kha nang .nhil'llg l:;iikhongc6
Di~u lu~t
6.D~o lu~tHiii quan . nam 1926
-Dimgthpy@ut:;iicac
khu V\fCgdn k@nhau
v~nchuyeuhang
h6amachlfa
c6 S\f cho
phep cuacO'quanch(rcnang.
.
~_'_""
'
.__,_"_.
__ __._ ~.
.._ __ _
- Vi ph~m di~u 11, xu ph:;tt theo di~u 62, ph~t
ill kh6ng qua 2 nam va xu ph?t hanh chfnh
kh6ng qua 20,000 Bath
.. Vi ph:;tm di~u 81, ph:;tttu kh6ng qua 2 nam
ho?c ph:;it hanh chfnh khong qua 20,000 Bath
ho?c ca ph:;it tll Iftn ph:;it hanh chfnh
- Vi ph:;im diSu282,ph:;ittu kli6ng qua 6
tha.ng ho~c ph:;ithanhchinhtu
1,000 Bath
den 6,000 Bath
Quy dinh xu ph~t
- Vi ph:;im diSu 37, ph:;ittu khong qua 1nam
ho~c ph?thanhchfnh
gAp 2 lap gia. trihang
h6a ho~c ph?t tien 50,000 BathmythuQcvao
h1nh thuc naoc6 gia tril6nhonho~c
9a ph:;tt
tu lfu1ph~thanhchinh.T~ll1g v~ttron~.c4c Vl,l
sai ph~m tren hi tich thu ngaYrna kh6ngc§n
£~a xuJ'h~tc~\!ll~!.~ __ .__~._.
.~
.
._,.
,c~~ -.-_
_t'__.c'".c.,.
..
,. •... '"._c ••• c~.c •.
7. DU' thao guy lIinh ve c:lanh bl\t thuy
(Dang trong qua trlnh trinh len Nqi cac
xem xet)
• Nh~p khAu thiiy san ho~c cae san phAm
. ma'II \. lOng
"d U'Q'Ccap
I..
e IIeI.. b·1..
lCD t'U' th'uy san
phep ho~c xu fit trlnh giay cap phCp dauh
b~t hay bat kY lo~i gi§y tel' n~lO gia m~o.
• Mang thi"y san ho~c cae san phAm eh~
'I.. t'u· tllUy
. san
• ma'I e ma dU'l}'ecap
I..
p I'lCp.
bten
......_._.
.__,__'"__._. . ..
._,,_..__. _
- Vi phf,lm diSu 146, xu phf,lt hanh chfnh ~ap
3 Ifrn gia trj thuy san nh~p khllu, xu at khau
~
ho~c trung chuyen.
- Vi p1wm diSu 147, xu ph~t hanh chfnh til'
1,000,000 bath den 30,000,000 bath ho~c
ph?t gAp 5 Ian gia tri s8 thuy Mi. sfm ho?c cac
sfm phAm ch~ bi~n tli thUy sfm tuy thu9c vao
_.._._~i,~~..!!~
ll'C ~c~~,c6,~l~
..~d,100 I:.~ __.. ~_,,~_.c.•
B9 ph~n Qufm ly Mmh b~t
D9i quim Iy danh b~t
Di~n tho?i: 025620568
Unofficial translation1
Section 2. This Act shall come into force afterthe
expiration of sixty days as from the .date of its
publication in the Government Gazette.
>,
(4) The Declaration of the Revolutionary Council No. 105 dated the 24th of March, B.E.2015;
.."
l~~
"Fish" means any aquatic animal normally inhabiting in waters, inundated
areas, partially
inhabiting in waters, having a part of its life during a water-borne life cycle, the amphibian, including their
1 ©2015 edited by Doungporn
na Pombejra
J
The legal Affairs Divisions Department of Fisheries.
2 This translation is aimed to have a better understanding a new Fishery legislation framework
provisions to cope with IUU Fishing.
which has partially some
Part 4
Fishery StatIstics
Section 22. For the
purpose of collecting fishery statistics and fisheries management ,
any person who engaging in fishery occupations shall notify information and data of such occupations to
the Department of Fisheries within thirty days asfrom the date of their commencement.
The notification of information and data under paragraph one shall be in accordance with rules,
procedures and conditions as prescribed by the Director-General upon their publication in the Government
Gazette.
Section 23, In notifying information and data in respect of fishery occupations thereof under
section 22 shall have a list as follows:
(3) Number of the fishing gears lappliances in possession;
;
,.1
'
,,',
(4) Premisesundertaking fishery occupations;
Section 24. Any changing a,sspecified under section 22 or ceasing the fishery occupation shall be
notified to the Department
Section 25. lfit
of Fisheries in thirty
days as from date of changing or ceasing such occupations.
i? necessary to examine and collect fishery statistics, ,the competent offici aI shall
have the power to enter any place in which undertakings fishery occupations during working hours or
places related therein.
In perf~Jrmingits duties under paragraph one, the persons who engaging in fishery occupations and
the .related persoDsare required to answer, facilitate and assist the competent official as appropriate.
Part 5
Control
Section 26.
No one shall act as follows except for the scientific experiment permitted by the
Director-General or his entrusted person.
~,
.11.
The provisions under paragraph one shall not be applied to an unavoidable act that necessary for
the military purposes.
The application for and the grant of any license or permit shall be ihaccord,a,nce with the rules,
procedures and conditions as prescribed by the Minister.
Section 27. No one shall utilize an electric current or use any
explosives.
in the fishing grounds
,
,
except for the official purpose with written permission of the Directo'r-General or'his entrusted person.
The application for and the grant of any license'br permit shall be in accordance with the rules,
procedures and conditions as prescribed by the'fl,jin'ister.
,,'
'.\
Section 28. No one shall have In his possession for commercial purpose any fish which he knows
that such possession having been acquired through the commission an offence under section 26 or 27.
Section 29. No one shall grow lotus, ric;e,jute, crops or such other aquatic plant specified by the
Minister in any fishing grounds not within the, land owned by a person unless written permission has been
obtained from the competent offiCiRI..
>•.•
,,",
,
,
The applicatiorl'~<;>rand the ;grant of any license or permit shall be in accordance with the rules,
procedures and conditi?nsas
Gazette.
prescribed by the Director-General upon its publication in the Government
Sectioq 30~ N,oone shall drain water out of or dry up or diminish waters not within the land owned
by a person'f.or th:~ purpose of fishing unless written permission has been obtained from the competent
officia I".
'
The application for and the grant of any license or permit shall be in accordance with the rules,
procedures and conditions as prescribed by the Director-General upon its publication in the Government
Gazette.
Section 31. No one shall make alteration to any fishing grounds not within the land owned by
a person affecting its former conditions unless written permission has been obtained from the competent
official.
In case where an application
for under paragraph
is not granted, the Director-General
shall have
the power to order such applicant to deliver hand over such fish or fish products to the competent
within seven days as from the date of receiving such order and the provisions
three shall apply
official
under Section 33 paragraph
mutatis mutandis.
Section 35. For the purpose of prevention
any harm to its environment
any harm be dangerous to human being or the proprieties
or other aquatic species,
or
owned by a person or of the public, the Minister
shall have the power to prescribe in respect of any type, kind or ntlture of fish that
prohibit~d
to release
into any fishing grounds.
No one shall release fish into any fishing grounds that prescribed
one unless written
permission is obtained
The application
for and granting
procedures and conditions as prescribed
from the competent
of any license or permit
,shall bf:, in acc,ordance with the rules,
CHAPTER II
Fishery Zone
Part 1
of the Fishery Zone
(l) TheCoastal Marine Fishery Zone;
(2) The Offshore/Commercial
(3) The Inland Fishery Zone.
under·,paragraph
official.
by the Minister.
Determination
by the Minister
Marine Fishery Zone;
.
...~~"
..
Section 39. The Coastal Marine Fishery Zone is defined as its marine fishing areas within Thai
waters up to a limit not exceeding 3 nautical miles measured from the shorelines.
In the case where there Is necessary for fisheries resources management, the Minister shall have
the power to issue the Ministerial Regulations determining the Coastal Marine Fishery Zone up to
a limit not exceeding 12 nautical miles measured the shorelines, the map specifying the territory of that
jurisdiction shall be annexed with such Regulations.
Section 40. The Offshore Marine Fishery Zone is defined as marine fishing areas within Thai waters
from which is adjacent to the Coastal Marine Fishery Zone under section 38 up to the outer limits of Thai
waters.
Section 41. The Inland Fishery Zone is defined as any fishing areas not, either i,nthec;,pastal Marine
Fishery Zone or the Offshore Marine Fishery Zone."
• ,..
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.,
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,,~"f;
Part 2
Fishing Activity in the Fishery Zone
~
•.
~
,0,.: .
Section 42. Any person who use any .fishing; gears/appliances as prescribed in the Ministerial
Regulations to fishing in the Inland Fishery Zone ,~Jndthe Coastal Marine Fishery Zone shall be granted
a fishing license or permit from the competent official.
The rules
permit,
1
procedures and conditions ofthe application for and the issue of any fishing license or
including the application and the.;;issue of the substitute thereof shall be as prescribed in the
Ministerial Regulations. .
,;;
Section 43. Any person who u§,eany fishing gears/appliances to fishing in the Offshore Marine
Fishery Zone shall be granted a'fishing license or permit from the competent official.
The applicaFionfo,r and the granting of any fishing license or permit,
including the substitute
thereof shall be .i,n ~ccordance with the rules, procedures and conditions as prescribed in the Ministerial
Regulatio,J;1s.
;Anypersonwho
using any fishing gears/appliances with a fishing license or permit under section
42 or any'_artisanal/traditional
fishing gears/appliances as prescribed by the Minister Regulations shall
harvest in the"'bffshore Marine Fishery Zone without a fishing license or permit under paragraph one
do within the specific period, the competent official shall have the power to remove and demolish thereto.
ExpensesIncurred in the course of such undertakings shall be borne by the licensee.
Paragraph one shall not apply in the case where there is an appeal against the revocation order
under section 78. , such appeal decision is deemed final for such revocation under paragraph one within
thirty days one as from the date of receiving the notification.
Section 81. In the ·case where any person who harvest or erect the fishing gears /appliances ,
. structures or anything in fishing grounds in contravention with this Act, the competent.official shall have
the power to remove or demolish such fishing gear/appliance, or anything immediately.
The competent official may order that person under paragraph one to remove ,. d7mci'lish such
things in respect thereof within the period not exceeding thirty days as frolJ1 fhe tlate()f,r.~ceiving such
order. In such case, the competent official shall have the power to remove or clemolishln respect thereof
if the order receiver fail to remove or demolish within such period. 'The expenses'~fthe removal shall be
borne by such person.
CHAPTER XI
Penalties
Section 82. Whoever
contravenes or fails to
comply with
the
Minister's
notifications,
or the notification issued by the Provincia(Fishery Committee under Section 6, or the notification issued
..
by the Provincial Fishery Committ,{;e Urtger
seCti.on50, or the notifications issued by the Minister under
.
Section 50 (1) (5) or (6) shall be liable
\0 imprisonment
for a term of not exceeding one year or a fine of not
exceeding 10,000 baht to'100,OOObaht ol",to both.
Section 83. Whoeverfails to cQmply with section 8 shall be liable to imprisonment for a term not
exceeding one month or aJine not exceeding 10,000 baht or to both.
':
.
:.
'."
Section 84. Whdeyer'fails to comply with section 22 or section 24 shall be liable to a fine not
exceedi.ng500baht,1.'"
';-?
'"
·r;.
Secti.qn85. Whoever fails to comply with section 25 or section 64 paragraph one shall be liable to a
fine rio~exceedicngio,oOO baht.
SeCtrbn86. Whoever
contravenes or fails to comply with the Minister's notifications issued under
section 37 shall be liable to imprisonment for a term of not exceeding one year or a fine not exceeding
100,000 baht or to both.
Section 87. Whoever contravenes section 26 or section 27 shall be liable to imprisonment for
a term of six months to five years and a fine from 5,000 baht to 500,000 baht.
Section 88 Whoever contravenes or fails to comply with section 28, section 42 or section 43 shall
be liable to imprisonment for a term of not exceeding three years or a fine not exceeding 300,000 baht or
to both.
Section 89. Whoever contravenes or fails to comply with section 29, section 3D, section 31, section
32, section 46 and section 51 paragraph one or subsection 55 (1) (3) or (4) shall be s liable to imprisonment
for a term of not exceeding six months or a fine not exceeding 60,000 baht or to both.
Section 90. Whoever contravenes or fails to comply with section 33 paragraph one or section 34
paragraph two
shall be liable to
imprisonment
for
a term
of
not
exceeding one year or
a fine not exceeding 100,000 baht or to both.
Where it is proved that any fish or fish products which may cause a harm under section 33
paragraph two, the offender shall be liable to imprisonment for a term of\ot
ex~eeding six years
or a fine not exceeding 600,000 baht or to both.
Section 91. Whoever contravenes or fails to comply with section 35 paragraph two, section 36 or
section 57 shall be liable to imprisonment for a term of not exceeding one year or a fine not exceeding
100,000 baht or to both.
Section 92. Whoever fails to comply with sec'tion 52 paragraph one shall be liable to a fine not
exceeding 30,000 baht.
Section 93. Whoever contravenes or fails to comply with the Minister's notifications issued under
subsection 50 (2), (3), or (4), subsection 55 (2) or s,ection 56 shall be liable to imprisonment for a term of
not exceeding three years or a fine Dot ~xceeding 300,000 baht or to both.
J
OHM
Section 945. Whoever contravenes section 59 or section 60 or section 67 shall be liable to a fine
from one million baht tothirty
million baht.
Section 95. Whoever contravenes to comply with section 65 paragraph one or section 66
paragraph one,~hall be liable to a fine not exceeding one million baht.
Sectioh 96. Where any owner of the fishing vessel fails to reimburse the expenses under section 68
shall b~ subject to imprisonment for a term of not exceeding two years or a fine from 20,000 baht to
200,00d baht orto both.
Section 97. Whoever contravenes to comply with summoning of the competent official under
subsection 73 (1) or fails to render facilities to the competent official under section 73 paragraph five shall
be liable to imprisonment for a term of not exceeding one month or a fine not exceeding 10,000 baht or to
both.
Thea D?o hl~t sua d6i
b6 sung
n801111996 (b~g ti~ng Thai kem theo),
diSu 11 aUQ'c di~u chinh nhu sau:
N~u eo ha11h vi oanh b~t ea trai phep trong vung biSn eua Thai Lan,
chu tau ho~c ngwyi di~u khi€n tau trong trucmg hQ'pkhong c6 111~t chu tau se
bi ph?t kh6ng qmi 0 1 tri~u B?t.
NSu kh6ng co m~t chi! tau va nguai diSu khi~n tau, coi nhu nhu11g
nguai co dang co m~t tren t~m la nguo-i vi ph~n va bi ph<;it theo nhu di~u 11
do?n 1, tru khi chung minh du9'c ban than kh6ng bi~t va kh6ng lien quan gi
dSn cac ho~t dQng oanh b~t trai phep.
ThuySn vien la nguc)'i nu6'c ngoai, lam vi~c tren tau d. xfun nh~p
vung biSn Thai Lan trai phep se bi p1Wt kh6ng qua 60.000 B~t.
VaG
Act
Governing
the
Right
to
Fish
in
Thai
fishery
wlHera,
B.S.
2482
(1939)
Where.as the Assembly of the Peo?le's
Represt.::nt.atives
~1<1S passed
Il
resolution
that it is deemed expedient to revise the law governlns the right
to fish in Thai fisher)' Vilters so as to be llH,re cor::pletei
Be lt, therefore, enacted by tbe King, by nnd with the advice
of the Assembly of tbe People's Representatives,
as follow:
nnd conRent
Seetior.
to
1. - Thi.s Act shal.l
be cnllcd
l,raterS,
'B.C:. 1.!;SZ",
the
"Actgovl~rni:l8
2. - This Act shall
force
the
Right
fish
1n
ThilfF'1Shery
Section
B.t:.
come into
as froo the 7th day of Octobc.r,
2482..
Section
3. - On and from the date of the coming into force
of th.is Ac t, the
i',<:1: governing
the right
to fish
in TIlai Flshery
lo1at,,·rs,
B.1::. 247i,
and the Act
governing
the Right
to fish
in Thai Fishery
\.]aters
Amendment Act, B,C:. 2478
shall be repealed.
"Fishing" Cleans fishing
activity
by using any kind of implement or by any
method carried on at an)' rlaea in the Thai Fishery \~atet's~ including the
use
of
a vessel
for
fishing
purpose
or
as
means
of
conveyance
for
suc.h
purpose;
"Thai fishery waters" means the Thai territorial
~aters or any other
waters in which Thailand exercises or may be entitled to e~ereise its
fishing tights
as such watel'"S publicly appear to be delimited by local
law or usage, by international law. by treaty or in any other way;
I
"Person in charge of a vessel" means a maste.r, sarang, talk-oog, coxwain,
steerS'lllan or any other person who is in control
of the vessel and
responsible for it, but does not include a pilot;
"Min.tsr.er" l1leans the Hinistcr
of this Act;
haVing
charge
and control
of the execution
"Compe.tent official"
means any fishery
oEfLeer, provine lal counciller,
<11strict cot!ncille'r,
harbour master, customs officer,
commanding
officer
oE a vessel or of a body of marines of the Royal ~avy, and any othe.
oficial appointed by the Minister for tbe ~xecution of this Act.
37\Y nrdlnary
partnen,;ht?,
Tha.i nationality,
lH
{b)
(e)
3ny Ijmit~d
unll~ss
~artnorshipl
unless
llnlimitedly
liable
shall
have
seventy
percent
of .its cllrital
having 1kli nar:,onality,
or
(d)
aU
parlMrS
:,!\.dl kilT':
all ils partners
jointly and
it"
Thai nllcional.lty,
(lTld 110t. less
than
shall
be o·..med by natuntl
persons
any lim.ited
company,
unle(o;s the majority
of its
directors
n,ai natlonallty
and not .less than se.venty
percent
of its
shall
be o"l'Icd by n;otu'Cill pe.rso:"! bavlr.g
Tha1 nationality,
company shall hav~ no regu18tion~ permitting
b{!3rcr ..
'rne par.tnership
have been registered
Kingdom of Thailand.
Section
6.
or company
under
- 1£ tile
the
person,
the issue of shures to
which is entlt).,ed
to obtain
Thai 1<3\01, having
its princ,ipal
partncrship
or
co~,pany
shall
ha ...•
e,
capital
llnd such
t;ho or
such lice:1se
office
in
vhich
has
must
the
already
obtained license for fishing afterwards becomes disqualified
to be granted
license as provided in Section 5, such person, partnership
or company shall
notify the issuing official of same within fifteen days from the date of
br::comingdisqu31i fied and, at the Slll1le time, to surrender
the license.
In
such case
the
issuing
offJcial
shall
caned,
Buch Ucense.
Section 7. - Unless agreero~nts have been ~ade otherwise with foreign
countries, the following vessels can not be us~d for fishing pu~posc in the
nisi fishery waters:
(1)
(2)
Vessels
juristic
Thai
having foreign nationality or belonging
persons haVing foreign nationality;
vessels,
capacity
thecre,,Ts
include
aliens,
or
no matter
In what
they may be.
However, aliens
who have
consecutive
years before
of the crew of a Thai fishing
registered under and complied
B,nd the aggregate
number does
five
,number of
of "'hich
to aliens
been residents
in Thailand
for not less
the 28t.11 October,
a.E. 2477. may become
than
members
vessel, provided that they must have been
~ith the law concerning registration
of aliens,
not exceed twen.ty five per cent of the total
crew.
For the purpose of chis Section, a crew shall noc be deemed to he an
if such an alten is an instructor appointed by the ~lnist6[ for
fmpar-ti.ng knowledg;;
in Hshery
in Government,
Public
ot Hunicipal
school.
ase of Public or Municipal school, the number shall not exceed five
alten
..,tructors
to' each
tster
or the officlnl
school
and
permiss1.o-::l :oust bav~ been obtained
froni
by tbe !1inister for
that purpose.
appointed
the
In
Sccrign B. - A person who en"aeC~ 1n fishtng activity by using H vessel in ch.
Thnl ([shery
·....,Hl.!rS is required
l.rJ c"tt"y
l)n hoard
SllCh
vessel
the license
ror
fishing during the f1shln~ operAtion.
5ec:0c?rl 9. - The: COmpl!tent
offidal
is
V(·ssC'l
used OJ" rea:;onabl.y
s\lsrr::cled
\'101.11tt0\1 of thi~; Act,
and to sc.L~c
to inspect
cmpc)\,fi?red
and search
llOy
being
used for
f.ishing
r1urpQSC
in
in:plc;;)e.nt: ••hich mil)' he served
as evidcncl~
o~
for the cObmission of an offence against this Act. as well as any catch found
on board the vessel wllich is suspected to have been taken out fro~ the Thai
f ish!?r)'
"":'1 ters.
Se,etton
vessel
10.
1.1'.
'reaso!lably
- The competent
respect
off.ic:i:l1,
of which
suspected
to
<:11\
lwve
empo'.Y~t'"ed to capture
;,lnci seize
a
this A<:t h3S been or is
com:d tted
t\n.1 to LIke '1t in tow or order
been
nearest
TIle competent
be made is
this Act.
port
against
I
the nerson in charae of Bueh vessel
vessel
to the
proccE'rlings.
is
offence
to do anything
5111.t:'I01•.• for
official
inquiry
who ·ef fects
empoW'cr.ed to m,lke an
the
inqllir)'
or
cnpture
into
tbe
with a view to bringing
otherw!.s<.'
for
or orders
cor;\rl1.ission
the
of
the
le:.gal
capture
offence.
to
against
The court shall have the pot..'er to order forfeiture
of the ve.ssel used in
the commission of offence
tlg,:dns t this Act, any impHlcents
and catch
.found on
boa:nl the vessel which ha\'e been proved to have been taken out from the Thai
fishery
waters.
Section
11. - Where
fish
the
is used for fishing, or there is an attempt to
In violation
of this
Act, the Owner
of the
vessel ~10 is OD hoard at the time of violation,
or, in his absence, the
pc;t"son io charge of the vesse],
,;hall
be punished
with fine not exceeding
two
tlJousand
baht or with imprisonment
not exceeding one year. or both.
-~_._--.. __ ..__ .-.... .._..---in
Thai
a vessel
fishtl.ry
waters
-
If the owner or person in charge of the vessel can not be brought for
trial,
or the owner or person in charge of the vessel is unknown, all persons
on board the vessel at the time of violation
shall be liable
to the punishment
provided
in the
pr~ccdlng
paragraph.
Section ]2. - Whoev.;,r viohtes
the previsions of Section
punlshed with fine not exceeding tvo hundred baht.
6 or 8 shall be
Section 13. - Prosecution
of offence under this Act shall be instituted by the
Public Prosecutor
under the Department of PublicProsecutioCl
or military
authority
appointed by the Minister
as havIng the pOI,fer and duty t.o prosecute.
The appolntment
prosecute as provided
Covernment Gazette.
of nilitary
:?uthority
in the preceding
as
h:lvlng
paragraph
the
po(;,>et:' and
shall be published
duty
co
in tbe
Section
14. - The Minister
of Agriculture
shall cake charge Rod control of the
this Act: and 5hl111 h<lve pOI.,'E,r to .~ppoint \,:omp(Hent officials
.and
Hi.nistiHial
Regulations
for carrying
NIt this
Act.
;;;c;,~tio';-of
issue
I
Such ~inisterial
Regulations
eazette.
shall come
inco
force upo~
their publication
i~ the Government
Section 15. - Any alien who has already obtained
fishing
li.cens€. on the date
the coming into force of this Act m~y continue his activity as far as
permitted and may apply for rene~al of such license within a period of not
more than five years from the date of the coming into fo~ce of chis Act,
provid~d he had never acted in violation of the provisions of this Act or of
other law concerning fishing, or Hinisterial
Regulations issued under this Act
or such other law.
~f
The period of time provided in the preceding paragraph shall not apply to
the case of license to fish in place ~here the water is saltish throughout the
year.
An alien who enjoys the right prescribed
shall, subject to law, be entitled to use his
which license
has been obtained when the crew
capaci ty, ar.e persons of 1';1a1nationality
or,
aliens must not exceed twenty five Dercent of
be as thDse prescribed
in Section 7"paragraph
pro~ision of Section 7 (1) shall not apply.
in the two preceding paragrsphs
vessel for fishing purpose for
of such vessel,
in whatever
1£ it includes
aliens,
such
the total number and must also
two, then and in such case the
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'" .
ACT ON NAVIGATION IN THAI WATERS,
B.E.2456
Whereas there has been the Royal Command of HI,1Majesty King Vajiravudth, Pra Mongkut Klao
Chao Yu Hua, proclaiming that ttw Act on Navigation in TI131Waters of 25'M June, R.S. 124, has sill contained
certain inappropriate pmvislons, it Is expedient to be reformed so as to getting along with the present situation; be
it, therefore, graciously enacted by King as follows:
Preliminary Provisions and
Definitions in This Act
Section 1. This Act shall be called the "Act on Navigation in Thai Waters, B.E. 2456".
Section 2. This Act s,'1allcome In to force as from the 1" day of September a.E. 2456.'
Section 3.2
In this Act;
"Vessel" means every kind of water vehicle. notwit/1standing for loading, carrying, transporting,
tugging, pushing, lifting, digging or deepening purpose, and includes other vehicles capable to be used in water
"Kampan
ship" means a western-style ship with a stem, propelled by machine power or sailing
by its sail, and not using oars for oaring or rOWing;
"Steam Kampen"
or "Steamship" means a ship prope!led by machine power, notwithstanding
the combination of Its sail, and includes a motor Kempen ship;
"Motor Kampen
ship" or "Motor vessel" means a ship propelled by a motor engine,
notwithstanding the combination of other propelling power:
"Sail Kampen
ship" or "Sailboat" means a boat or ship sailing by its sail and not using a
"Machine vessel"
means a vessel propelled by a machine power, notwithstanding
the
combination of other propelling power;
"Small machine vessel" means a vessel the size of which is smailer than thirty gross tonnage
and propelled by a machine power;
"Seagoing vessel" or "Sea vessel" means a vessel having characteristics for using in the sea
according to the regulations on vessel survey;
5'"
1
PUblished in the Government Gazetie 2456i-i64 dated
August, B.E. 2456
2
As amended by of the Navigation in Thai ·Waters Act (No. 13) 8.E. 2525
In this section:
"boatswain" means a person controlling a lighter;
"helmsman' means a person controlling a seagoing sailboat of 800 Hart) and upwards;
"steersman" means a person controlling or steering or rowing a cargo vessel that contacts Wltt1
a seagoing vessel.
Section 279.
105
The Master of Harbour shall, with the approval of the Minister of Transport, have
power to Issue regulations on examination of a person working in a vessel as fellows:
(1) classes of knowledge;
(2) examination methods;
(3) curriculum;
(4) qualification of trle applicant:
(5) examination fees;
(6) the issuance of qualification certificate:
(7) other matters regarding the examination.
Such regulations shall be effective upon their publication in the Government Gazette.
Section 280.
105
A qualification certificate shall specify a name. age and identifying mark or
birthmark of a certificate holder and other statements as necessary and shall be affixed with the photograph of
such person.
A qualification certificate of a steersman shall be valid for three years and five years for the
others. When the certificate is expired, the holder must apply for a new certificate. In this regard. the applicant
shall pay a half amount of the previous fees and the Master of Harbour may request the evidential documents as
specified in section 278.
Section 281. Any qualification certificate issued before the date this Act comes into force shall
be valid for five years from the date of its issuance.
Section 282.
107
Any person who works in the position that the regulations on ship survey
requires a quaHfication certificate but he or she does not have a valid certificate under this Act shall be Hable to
imprisonment not exceeding six months or to a fine from one thousand to ten thousand Baht, or to both. If such
person Is working after the expiration of the certificate. he or she shall be Hable to a fine not exceeding two
thousand Baht.
105
As amended by the Act on Navigation in Thai Waters (No. 13), 8.E. 2525
100
As amended by the Act Amending the Act on NaVigation in Thai Waters, B.E. 2477
107
As amended by the Act on Navigation in Thai Waters (No. 14). B.E. 2535
Enacted
Immigration Act In the name of hIs Mejesty King Bhumlbol
on the 24Th of February 8.E. 2522 The 34Th year of the present
reign
Whereas •• It Is deamf'ldproper to revise the Law on Immigration
Section 1 : This Act shall be called the" Immigration Act,
a.E.
2522"
Section 2 : This Act shall be enforced after the lose of ninety days from the date of Its publication In the
Government Gazette.
Section 3 : Immigration
P.ets :
1. .B.E. 2493 ( 1950 )
2. a.E. 2497 ( 1954 - NO.2 )
Shall be repealed
In lieu all others laws, regulations, or rules witch are provided for in thIs
Act or contradictory hereto or inconsistent herewith, the provision of this Act shall be applied.
Section 4 : In this Act:
" Alien" means any person who Is not of Thai nationality under the nationality Act.
" Conveyance" means any vehicle or beast of burden or any other object(s) which may be used in
conveying persons from one place to another .
••Owner of Conveyance"
includes an agent of the owner, a person renting, an agent if the person renting
• possessor, or an agent of the possessor of the conveyance. as the case may be .
•. Person in charge of conveyance" means the master of the vessel or person responsible for the control
of the conveyance.
" Crew of conveyance" means the person who has a function. duty, or work In the conveyance and in
the interest of this Act it includes the person in charge of conveyance driving the conveyance without a
I
I
~~
,
•. passenger" means any person other than the person in charge. orthe crew of conveyance
•. Immigrant" means any alien who enters the Kingdom.
" Immigration Doctor" means any doctor appointed by the Director General to carry out the provisIons of
this Act.
.
'
.
" House Master" means any persons who is the chief possessor of a house.• whether In the capaclty of
owner, tenant, or in any other capacity whatsoever, In accordance with the law on people act .
••Dwelling Place" means any place used for habitation such as a house shed, boat or floating house
which human beings inhabit .It also includes the precinct of the place used for habitation, whether it be
enclosed or not, in accordance with the Panel Code .
••Hotel" means any place built for remuneration for travelers or persons who wish to look for a place to
stay or rest for a period of time, in accordance with the law on the hotels .
••Commission" means The Immigration Commission .
• Competent Official" means any officer appointed by the Minister to carry Qut a function in conformity
with this Act
••Director" means Director General of the Police Department.
" Minister· means the Minister in charge of this Act.
Section 5 : The Minister of Interior shall be in charge and have control for the executive of this Act and
shall have power to appoint competent officials and Issue Minister Regulations; to fix fees and other
expense not exceeding rates annexed to this Act and to fIX other activities for the execution of this Act.
Such Ministerial Regulations shall become effective after having been published in the govemment
Gazette.'
.
I
Chapter 1
immigration Commission
Section 6 : The immigration Commission will consist of the Under Secretary of the Minister of Interior as
Chaliman and the following members:
,
- Under Secretary of Ministry of Foreign Affairs
- Director general, Police Department
- Director General labor Department
I
• Director General I pUblic Prosecution Department
• Secretary General, Board of Investment Committee
• Secretary General, National Security Council
• Director, Tourist Organization ofThaliand
• Commander of Immigration Division as member and secretary
Section 7 : The Immigration Commission shall have power and duty to :
1. Revoke permission for temporary stay in the Kingdom under Section 36 Para 1.
2. Consider and appeal under Section 36 Para 2.
3. Permit aliens to enter into and assume residence In the Kingdom under Section 41 Para1
4. Fix qualifications of any aliens asking to take up residence in the Kingdom ;and to fix
conditions pertaining to the national security: and to fix other conditions under Section 41 Para 2.
5. Fix Regulations for residence applications of aliens temporarily entering into the Kingdom
under section 41 Para 4.
6. Permit aliens to enter Into. and take up residence on the Kingdom under Section 43 Para 1
and to fix regulations for display of the aliens financial status under Section 43 Para 2.
7. Permit the aHens , who is authorized to stay in the Kingdom temporarily, to take up residence
; and to permit and fix conditions in rendering permission to the alien who has applied for taking up
residence in the Kingdom to remain in the Kingdom for the tome being under Section 45 Para 1 and 2.
8. Give order to revoke permission for taking up residence in the Kingdom under Section 47
Para 3.
9. Permit aliens, who have a residence in the kingdom, to continue that residence in the
Kingdom under Section 51 Para 1.
. 10. Consider revocation of a residence permit under permit under Section 53.
11. Give advice, suggestions and view to the Minister on establishing standard operating
procedures for local official and for other officials regarding national security r as well as Issuance of
Ministerial Regulations under this Act.
12. Consider and give opinions on Immigration matters as assigned by the cabinet or by the
Minister.
I
Section 8 : In the performance of duty of the Immigration Commission under this Act , the Committee
member who is also the security shall without delay submit matters under committee Jurisdiction to the
chairman of the Committee; his duty he ( the committee member who is also the secretary) shall
without delay submit them to the committee member who is appointed by the committee. The chairman
of the committee or the committee member so appointed shall call for a meeting in accordance with the
urgen~y of the matter and in accordance with the rules and regulations. fix by the committee.
In the meeting of the Commission if the Chairman does not attend the meeting or is not in the
meeting of the members of the meeting shall select one member to preside over the Meeting.
The quorum of any meeting will consist of no less than half of all members.
Decisions of the meeting will be decided by a majority vote. One member has one vote. If the
voting score is equal. the Chairman of the meeting shall make the deciding vote.
I
I
I
I
I
Section 9 : The Immigration commission may appoint Sub - Committees or may empower any
Competent Official to carry out any assigned function.The provision of Section 8 shall be applied Mutantis
Mutandis for the meeting of the Sub - Committee.
Section 10 : In the performance of duties under this Act the commission shall have power to issue
written orders asking persons concemed to give facts or to present documents pertaining to meters under
the power and duty of the Immigration Commission.
I
Chapter 2
Entering and Department the Kingdom
Section 11: Persons entering into or departing the Kingdom must other and leave by way of
immigration check points, designated landing, stations or areas and in accordance to the prescribed
time as published in the Government Gazette by the Minister.
Section 12 : Aliens which fall into any of the following categories are excluded from entering into the
Kingdom:
Chapter 7
Miscellaneous
Section 57 : For the purpose of Chapter 7 miscellaneous: whoever claims his nationality Is Thai and If
there is not enough evidence for the competent official to believe that he has Thai nationality, It Is
presumed that such a person is an alien until he can prove other wise.
An application for proof of nationality under Para.1 of this Section will be submitted to the
competent official in the accordance with the form and fees as prescribed In the Ministerial Regulations. If
such person does not satisfy the competent official's order, he may apply to the Court asking for
consideration.
In the case where there is an application to the Court upon receiving and application, the Court
shall notify the Public Prosecutor, who may, in turn, have a right for objection thereto.
Section 58 : Any alien who has no lawful document for entering the Kingdom under Section 12 (1); or
has no Residence Certificate under this Act; and also has no identification In accordance with the Lawon
Alien registration, is considered to have entered into the Kingdom In violation to this Act.
Section 59 :The Director General, or the competent official deputized by Director General, shall have the
authority to arrest and suppress any person violating this Act They shall also have the authority to issue
a subpoena, warrant of arrest or search, make arrest, search, or detain. They shall also have the
authority to conduct inquiry into 'the offense against the provisions of this Act in the same manner as tha
Inquiry official under the Criminal Procedure Code.
.
Section 60 : In any area where the Minister deems it proper to grant exemption from payment of any fees
under this Act, he shall have the authority to do so by making public notification in the Government
Gazette.
Chapter
8
Penalty
Section 61 : Whoever fails to comply with the written order under Section 10 shall be punished by a fine
not exceeding 5,000 Baht.
Section 62 : Whoever fails to comply with the provisions of Section 11 or Para.2 of Section 18 shall be
punished by imprisonment not exceeding two years and a fine not exceeding ZO,OOOBaht.
If the person committing an offense under Para.1, holds Thai citizenship he will be punished by a
fine not exceeding 20,000 Baht.
Section 63 : Whoever brings or takes an alien into the Kingdom or does anything which helps, assists,
or facilitates an alien in making and entry into the Kingdom in contravention of this Act, shall be punished
by Imprisonment not exceeding 10 years and a fine not exceeding 100,000 Baht.
When any owner or person in charge of a conveyance who fails to comply with the provision of
Section 23, and the conveyance carried the aliens entering into the Kingdom in contravention of this Act,
it is first presumed that the owner or person in charge of the conveyance has committed an offense under
Para.1 of this Section unless it can be proved that the owner or person In charge was unable to know of
the presence of said aliens in the conveyance, even though proper caution was exercised.
Section 64 : Whoever know of any alien entering into the Kingdom in contravention of this Act, and
harbours, hides or in any manner assists said alien to evade arrest, shall be punished by imprisonment
not exceeding.5 years and a fine not exceeding 50,000 Baht.
Whoever allows an alien entering into the Kingdom in contravention of this Act, to stay with him,.it
is first presumed that said person is aware that the alien concerned entered into the Kingdom in
contravention of this Act, unless it can be proved that he does not know, even though proper caution has
been exercised.
If the act committed under Para.1 of this Section is done in order to assist his father, mother,
child, husband or wife, the offender may not necessarily be punished by the Court.
Section 65 : Any owner or person in charge of a conveyance who fails to comply with the provision of
Section 23 shall be punished with imprisonment not exceeding 5 years or a fine not exceeding 50,000
Baht or both.
,t"
'\,.
person In change of conveyance, or the person Issuing the ticket, document or evidence to receive said
order of the competent official, shall be punished with a fine not exceeding 50,000 Baht.
Section 81 : Any alien who stay In the Kingdom Witll0Ut permission or with permission expired or revoked
shall be punished with Imprisonment not exceeding two years or a fine not exceeding 20,000 Baht or
both.
Section 82 : Any alien who evades the service of an order Issued by the Minister Immigration
Commission, Director General, or the competent official designated by the Immigration Commission,
which Is required to be served upon him [alien] under thIs Act, shall be punished with a fine not exceeding
5.000 Baht.
If the order as stated in Para.1 is for deportation the offender shall be punished with imprisonment
not exceeding two years and fine not exceeding 20,000 Baht.
Sectio~ 83 : In the case where the offenders, who shall be punished under this Act are a juristic person,
managing director, manager, or representative of such Juristic person, they will be punished in
accordance with the penalty provided for such offenses unless they can prove that they are not involved
in the commission of an offense by said jUristic persons.
Section 84 : In all offenses under this Act. except the provisions of Section 62 Para.1 Section 63 , 64, 71
and 82 Para.2. The settlement Commission ,consisting of the Police Department's Director General or
Representative, the Public Prosecution Department's Director General or Representative, and the
Immigration Division's Commander or Representative, as the, members shall have the authority to assign
duty of settlement to the Inquiry Official or the competent official by fixIng a settlement rule or any
conditions as the Settlement Commission my deem proper.
When the offender has paid the fine as stipulate, the case shall be deemed settled under the
Criminal Procedure Code.
Section 85 : It is recognized that any alien who is authorized to stay temporarily in the Kingdom on the
date that this Act comes into force is one who has been permitted to stay under this Act, but said alien will
be entitled to the rights and benefits only as stated in the previous application.
Section 86 : Any alien allowed to stay temporarily in the Kingdom and Who has stayed more than ninety
days on the date that this Act comes into force, shall notify the competent official under Section 37(5)
within 7 days from the date that this Act comes into force.
Section 87 : The house master, owner, or possessor of a dwelling place, or a hotel manager, who has
allowed an alien to remain temporarily in the Kingdom on the date that this Act comes into force. Shall
notify the competent official under Section 38 within 30 days from the date that this Act comes into force.
Section 88: It recognized that a Residence Certificate, issued under the law on Immigration before the
date that this Act comes into force and still valid, will be valid as the Residence Certificate issued under
this Act.
Section 89 : It is recognized that the endorsement of departure for retum, stamped on the alien's
Residence Certificate by the competent official before the date that this Act comes into force, is remain
valid as the endorsement issued under this Act. .
Section 90 : It is recognized that an alien who is detained for deportation on the date that this Act comes
into force, is viewed as one who is detained for deportation under the provision of this Act.
Section 91 : It is recognized that all alien's applications pending consideration on the date that this Act
comes into force are viewed as applications submitted under the provisions of this Act.
Section 92 : All ministerial regulations, regUlations, orders, or resolutions of the Immigration Commission
under the Immigration Act B.E. 2493 (1950).revised by the Second Immigration Act B.E. 249 (1954),
which were still in force before the date that this Act came into force, are still in force if they are not in
WORKING OF ALIEN ACT,
B.E. 2551 (2008)
BHUMrBOL ADUL YADEl, REX.
Given on the 13th Day ofFebnlG.I)' B.E. 2551;
Being the 63rd Year of the Present Reign.
His Majesty
King Bhumibol
Adulyadej
is gra~ious!y pleased
to
proclaim that:
, Whereas it is expedient to revise 'the law on working ofatien;'
This Act contains certain provisions
in relation to the restriction
of ,
right and liberty of person, in respect of which section 29 in conjunction with section
32, section 33, section 34 and section 43 of the Constitution of the Kingdom of
Thailand, so pennit by virtue of law;
, ,
Be it, therefore, enacted by the King, by and with the advice and
consent of the National Assembly, as follows:
,
Section 2. This Act shall come into force as from the
the date of its pubIicatiqn in the Government Gazette.!
,
day following
Seeno'n 3.
The followings shall be repealed:
(1) Working of Alien Act, B.E. 2521;
(2) Working of Alien Act (No.2), B.E. 2544., '
(> 2008, PlIl;om
Nilpl'l!punl,Office ofth~ Cmmcil ors.tate (Ijwwkrisdilra."".t!l, vr,',w1awreformgo-lh)
R~llDrk; R~
10 Thai legislation in any jurisdiction shall be Illlld¢ to the Thlli version only. This translation has been made
so lIS 10 establish QorTe::t understandins about this Act 10 the for..igners.
Section 8.
In order to limit the number of aliens other than skilled
workers or experts to engage in specific categories of works or in works with, specific
nature in the Kingdom, the Minister may, with approval of the Council of Ministers,
impose by notifying in the Government Gazette the levy for hiring of aliens other than
skilled workers or experts to engage in specific categories of works or in works with
specific nature in the Kingdom.
Whoever desires to engage the alien under paragraph one shall notify
the registrar in the form as specified by the Director-General and shall pay the levy at
least three days prior to the date of hired contract.
'
Whoever fails to comply with the provisions under paragraph two shall
be liable to surcharge at the rate of one-time of the le\'Y to be paid.
Psrt2
Work Permit
Section 9.
No alien shall engage in any work other than the works
under section 7 and the permit shall be granted by the registrar, except for the alien
who enters into the Kingdom temporarily under the law on immigration so as to
engage in necessary and urgent work for a period of not exceeding fifteen days and
that alien may engage in that work after giving written notification to the registrar.
In the issuance of the permit, the registrar may impose any conditions
to be complied with by the alien.
The pem1it, the application for and the issuance of the permit and the
giving of notification under paragraph one shall be in accordance with the fonn and
procedure as prescribed by the Ministerial Regulation.
.
The Director-General may lay down the guideiine for prescribing of
the conditions under paragraph two to be complied with by the registrar.
Section 10. The alien who is eligible for the permit under section 9
shall have the place of residence in.the Kingdom or has been permitted to enter into
the Kingdom temporarily under the law
immigration in any status other 'than
tourists or transit passenger and shall not have any prohibitions as prescribed by the'
on
Ministerial Regulation.
'
Section 11.
Whoever desires to engage an alien living, abroad to
work for his business in the Kingdom may apply for the pennit and pay fee on behalf
of that alien. '
The application for the pennlt on behalf of the alien under paragraph
one shall be in accordance with the procedure as prescribed, by the Ministerial
Regulation.
Section 12. In granting of pennission to any alien to engage tn work
in the Kingdom under thy law on investment promotion or other laws, the authority
who grants pennission under such law shi1.11 without delay notify the granting of that
pennission in writing to the registrar together with other details as specified by the
Director-General.
The registrar shan, after receiving the notification under paragraph
one, issue t1'Iepermit to that alien within seven days as from the date of receiving of
such notification.
OZOO8,PakomNilprapunt, Office of tile Council ofS~ (I\WW kd~dika.g",lh, w~~' hl:yrefOlmgp.l?')
,
R.em.trk: R.efm:ru;e to Th& Icgisllll:ion in any jurisdiction shall be made to the Th& version only. ThCl traIulatlon has been IMdc
so as to estsblish cor= understanding about this Act to the foreigners.
While awaiting for the petmit under paragraph two, that alien may
engage in work without regard to section 24 until the da.te of receiving of the p.ermit
as notified by the registrar.
Section 13. The alien who is not e~igible for the pennit under
section 9 on account of the following grounds may apply to' the registrar for the
pennit to engage in the works as notified in the Government Gazette by the Council
of Ministers according to the recommendation of the Committee with due regard to
national security and social impact:
(1) being deported under the law on deportation, but he is allowed to
work at any place in lieu of deportation or while awaiting for deportation;
(2) having inunigrated into or stayed in the Kingdom without
pennission under the law on immigration, but he is allowed to stay in ·the Kingdom
temporarily while awaiting for deportation under the hiw on immigration;
(3) being lost of nationality by the provisions of the Announcement of
the National Executive Council No. 337, dated 13th December B.E. 2515 or b~ other
laws;
(4) born in the Kingdom but not entitling to .Thai nationality by the
provisions of the Announcement of the National Executive Council No. 337, dated
13th December B.E. 2515;
(5) born in the Kingdom but not entitling to Thai nationality by the
provisions of the law on nationality.
The Council of Ministers may impose any condition in the Notification
under paragraph one.
The application for and the granting of the penJ;1i~under paragraph One
shall be in accordance \vith the procedure as prescribed by the Ministerial Regulation,
Section 14.
The alien having place of residence in, and being of
nationality of, the country having common boundary with Thailand who enters into
the Kingdom with travel document under the law on immigration may be pennitted to
engage in specific categories of works or in works with specific nature in the
Kingdom temporarily through the specified period or season within the area which is
adjacent to boundary or the area which is contiguous therewith.
An alien who desires to engage in the work under paragraph one shall
submit the application, together with travel do<:ument,for temporary work peIThit to
the registrar and shall pay fee in the amount as prescribed by the Ministerial
Regulation.
In granting of the permit, the registrar shall specifY the permitted
working area or work place, working period, category or nature of work and the
employer to work with in accordance with the form and procedure ·as prescribed by
the Ministerial Regulation .
. The provisions of this section may come into force in any area, to the
alien of any nationality, for any category or nature of wor~ during any period or
season and with an)' condition upon the Notification of the Council of Ministers as
prescribed in the Government Gazette.
C 2008, Pakom Nilprapunt, Office of the Council ofStale\\;\VVI.kli~dika.~o.lh."'\\'I.Ii\w!]form.go.rhi
Reaurk: Reference to Thai legislation in any jurisdiction shall be made to the Thai vmion only. This translation has been made
so as to establish COmocl un<1ermnding about this Act to lhe foreigners.
The period of each renewal shall not exceed two years and the renewal
shall be made only in necessary case so as to deter the settlement of alien in the
Kingdom. In the case of the alien under section 13 (1) and (2), the consecutive period
of work to be renewed shall not ext:eed four years, except where otherwise prescribed
by the Council of Ministers occasionally.
.
The application for and the granting of renewal shall be in accordance
With the rules and procedl,lre as prescribed by the Ministerial Regulation.
Section 24.
A holder of permit shan keep the permit on himself or
at the place of work during work in order that it may be readily shown to the
competent official or registrar.
Sectio'n 25.
If the pemlit is lost or damaged, a holder of pennit shall
apply for its substitution to the registrar wit~in fifteen days as from the. date that loss.
or damage has known to him.
The application for and the granting of the substitution of the permit
shall be in accordance wIth the rules and procedure as prescribed by the Ministerial
Regulation.
SeCtiO.D 26. A holder of permit shall engage in work of the category
or nature and with the employer and at the area or place and conditions as permitted.
The holder of pennit who desires to change or add.categorj
or nature
of work, employer. working area or work place or conditions shal~ be permitted by the
registrar.
.
The application for and the granting of the permission shall be in
accordance with the rules and procedure 'as prescribed by the Ministerial Regulation.
.
.
.,'
.'
Secti~n 27.
No persqn shall e~gage an alien to work for him o~er
than the holder of permit and in the work of the category or nature and at the working
area oC,work place as specified in the permit
Section 28.
If the holder o{ perinit 'violates or fails to comply with
the specified con~itions, the registr"'al'shaH have.the pow~r to ~voke the pem.ut.
CHAPTERn
.~ien Repa~riation :Fund
Section 29.
There shaH be establis~e4 the fund in the Department of
Employment., called the "Alien Repatriation Fund",
as to be the revolving fund for .
the r~patriation of employee, alien and deportee abroad' under this Act, the law on
so
immigration and the law on deportation, as the case may be.
Section 30.
.
The Fund shall consist of the following ~oney and
(1) surcharge under section 8 paragraph three;
(2) money to be remitted to the Fund by the employer under section 15
(3) surcharge under section 17;
(4) money devolve on the Fund under section 1'9 paragraph one;
o 2008, Palrom Nilprapunt, Office of the Council of State (\\\W' \i.ri:glik •. <·l1.tl~\\~~w.lawr·rorm eQ,t!')
•
Remrk: Rcii:t'ence to Thai legislation in any jwUdiction shall be made to the Thai version only. Tht3 !rIlnslatton lms b=\ m~
so as to C$lllblishcorrect ~ing
about this Act to theforeigners.
The carrying out of any conduct in relation to the arrest under
paragraph two and the joint inquiry under paragraph three shall be in accordance with
the rules and procedure as the Director-General
and the Commissioner-General
of the
Royal Thai Policejointly determined.
CHA,PTER VI
Penalties
Section 51.
An alien who engages in work without having the
permit shall be liable ,to imprisonment for a term of not exceeding five years or to a
fine from two thousand Baht to one hundred thousand Baht or to both.
In the case where the accused under paragraph one wilfully departs the
Kingdom within the period specified by the inquiry official, but not more than thirty
days, the inquiry 'official may settle the case and causes that alien to depart the
Kingdom.
.
'
Section 52.
A holder of permit who engages in workin
violation of
the conditions detennined under section 9, section 13, section 14 or section 26 shall
be liable to a fine of not exceeding twenty thousand Baht
'
Section 53.
A holder of permit who fails to notify the registrar
under section 22 or fails to comply with section 24 shall be liable to a fine of not
exceeding ten thousand Baht.
.
Section 54., \\'hoever fails to co~ply with section 27 shall be liable
to a fine of not exceeding ten thousand ,Bah~ and he shall be liable to a fine from ten
thousand Baht to one hundred thousand Baht pet one alien if that .alien has not had
permit
.
Section 55.
\\'hoever
~e
'
fails to comply with
the Wrltten inquiry
'or
fails to give state.ment or dellver document or evidence to the registrar or the
competent official who perfonns duties under section 48 'without reasonable ground
shall be liable to a
section 5 I may
.
fine
of not' exceeding
ten thousand Baht.
,,'
,
Section 56.
The offenses under thiS Act o~er than the offense under
settled by the Settlement Conunittee as appointed by the Minister.
be
The Settlement Committee
as appointed by ,the Minister
unqer
consist of three members whereby one of which shall be the
inquiry official under 'the Criminal ProcedUre Code.
'
When the Settlement Committee has settled the case and the accused
paragraph
one shall
pay the fine in an amount as settled within thirty days, the case is deemed to be settled
under the Criminal Procedure Code.
02008, PakomNilprapunt, Office ofthc Council of State ('tWIN krisdi!sa go,th. !\ww,lawret'oQn,II,Q,th)
R.narlc Reference to Thai legisla1ioo in any jurisdiction shall be Inllde to the Thai version ooly, Thi:stran:slation hJls b6en made .
W lIS to ~1i3h
corroci under.nanding eIx>ut this Act to the foreigners,
BHUMIBHOL ADULYADEJ, REX.
Given' on the 22nd Day of January B.E.249S;
Being the 10th Year of the Present Reign
By Royal Command of His Majesty King Bhumibhol Adulyadej, it is hereby proclaimed that:
Whereas it is appropriate
to revise the law on radio communications;
His Majesty the King, by and with the advice and consent of the Assembly of the House of
Representatives, is graciously pleased to enact the following Act:
SectIon 1
This Act shall be called the "Radio Communications
Act, B.E. 2498 (1955)"
Section 2
This Act shall come into force as from the day following the date of Its publication
Government Gazette.
in the
Section 3
The followings
are hereby repealed:
(1)
Radio Communications
Act, B.E.2478;
(2)
Radio Communications
Act (No.2), B.E.2481;
(3)
Radio Communications
Act (No.3), B.E.2483;
(4)
Radio Communications
Act (No.4), B.E.248S;
(5)
Radio Communications
Act (No.5), B.E.2491;
(6)
Radio Communications
Act (No.6), B.E.2497;
(7)
All other laws, rules, and regulations insofar as they are provided for in this Act,
or are contrary to, or inconsistent with this Act.
Section 4
In this Act:
"hertzian waves" means electromagnetic
kilohertz to 3,000,000 megahertz;
waves
having
frequencies
ranging
from
"radio comml,Jnications" means the transmission or reception of signs, signals,
images and sounds, or intelligence of any nature by means of hertzian waves;
10
writing,
"radio, communication
equipment"
means radio communication
transmitter,
communication
receiver, or radio communication transceiver but does not include
and television
broadcasting
receiver,
and radio communication
transmitter,
communication receiver, or radio communication transceiver using hertzian waves
have the characteristics or types of service as specified in the Ministerial Regulations;
radio
radio
radio
which
For the purpose of controlling the use of radio communication
equipment, any radio
communication component as specified in the Ministerial Regulations shall be deemed as
radio communication equipment.
"radio operator"
means any person who operates radio communication
"radio communication
place;
station"
"make" includes manufacture,
equipment;
means the place where the radio-communications
modify, or re-assemble;
are taken
"Import" means import into the Kingdom;
"export" means export out of the Kingdom;
"trade" includes the possession for seIling or repairing;
"Authorized Licensing Officer" means the officer appointed by the Minister under this Act;
"Minister" means the Minister who is In charge and controls the execution of this Act.
Section 5
Except Section 11 and Section 12, this Act shall not be enforced upon:
(1)
Ministries, Government Bureau, Government
Departments,
(2)
The juristic persons as specified in the Ministerial Regulations.
Section 6
Any person is prohibited to make, possess, use, import, export,
communication equipment unless that person has been granted
Authorized Licensing Officer.
or trade any radio
a litense from the
In case where it is deemed appropriate, the Minister shall have the authority to issue the
Ministerial Regulations in which they specify radio communication equipment of some
characteristics or radio communication equipment used in some services to be exempted
from all or some licenses indicated in paragraph one.
Section 7
Any person is prohibited to perform the duties of a radio operator in a position specified in
the Ministerial Regulations unless that person has been granted a license from the
Authorized Licensing Officer.
Section 8
Any person is prohibited to receive news by means of radio-communications
from abroad
for advertising purpose unless that person has been granted a license from the Authorized
Licensing Officer.
Section 9
Licenses under this Act shall be as follows:
(1)
License for making, shall be valid for one hundred eighty days from the date of
issuance;
(2)
License for possessing, shall be valid for one year from the date of issuance;
(3)
License for using, shall be valid as long as the radio communication
serviceable for use;
(4)
License for importing,
ofissuance;
(5) .. License for exporting,
equipment is
shall be valid for one hundred eighty days from the date
shall be valid for thirty days from the date of issuance;
(6)
License for trading, shall be valid for one year from the date of issuance, except
one issued exclusively for repairing of which it shall be valid for five years;
(7)
License for installing a radio communication station, shall be valid as long as the
licensee uses the station in accordance with the terms and conditions specified
in the license;
(8)
Radio Operator's License, shall be valid for five years from the date of issuance;
(9)
License for receiving news by means of radio communications from abroad for
advertising purpose, shall be valid for one year from the date of issuance.
Licensee under (1), (3), (4), (5) ( (6), or (7) shall be deemed that he is also granted to
possess the radio communication equipment involved with each corresponding license
mentioned.
Section 10
The Minister shall have the authority to issue a special license to a person for the
installation of aviation radio communication station exclusively for the safety purpose of
civil aviation. The Minister may impose any condition upon the Issuance of such special
license.
The licensee shall observe all conditions imposed by the Minister.
Section 11
Any person Is prohibited to Install a radio communication station
been granted a license from the Authorized Licensing Officer.
unless that person has
The radio communication
station shall use the exact frequency as specified in the Radio
Regulations annexed to the International Telecommunication Convention.
In order to conform with paragraph one and paragraph two, the Director General of the
Post and Telegraph Department shall have the authority to impose the conditions for the
installation of a radio communication station and the Director General or the designated
person shall have the authority to control and specify the frequency used by the radio
communication station.
In the case where it Is deemed appropriate, the Minister shall have the authority to Issue
the Ministerial Regulations in which they specify the radio communication station used In
some services to be exempted from licensing requirements as indicated in paragraph one.
Section 11 bis
The Minister shall have the authority to make an announcement that those who use the
assigned frequency for any services or any natures are required to pay to the Government
an appropriate charge for the use of the assigned frequency.
The announcement
Gazette.
as indicated
in paragraph
one shall be published
in the Government
Section 12
A radio communication station is prohibited to operate radio-communication
services for
any other purposes except for those specified in its license, or for governmental services of
the Ministries, Government Bureau, Government Departments, or for the services of the
juristic persons under Section 5.
SeCtion 13
Any vehicle is prohibited to'use radio communication equipment unless its use Is pursuant
to the Ministerial Regulations or the special provisions temporarily granted by the Minister.
Section 14
For the purpose of maintaining the public order or defending the realm, the Minister shall
have the authority to issue a provisional order to the competent authority to seize, put to
use, prohibit the use of, or prohibit the removal of radio communication equipment, or part
thereof, within the period and under the conditions spedfied in the said order.
Section 15
The Authorized Licensing Officer or the designated person shall have the authority to order
that those who unintentionally
cause interference or obstruction to radio communications
shall cease such action or alter the article which produces such action or remove the said
article from the area of interference.
Section 16
Any person is prohibited from transmitting or preparing to transmit, by means of radio
communications, any message known to be false or any other messages unauthorized by
the competent authority which might cause damage to the country or its people.
Section 17
Any person is prohibited to Intercept, utilIze, or wrongfully disclose any news received by
means of radio communications which are not Intended for public interest or which might
cause damage to the country or its people.
Section 18
In order to Inspect any radio communication
equipment,
part thereof, a radio
communication station, an article which causes interference or obstruction to radio
communications, or its license, the Authorized Licensing Officer or the designated person
shall have the authority to enter the building, premises, or vehicle of any person at a
reasonable time.
When it appears that any person has violated this Act or there is a reasonable cause to
suspect him of committing
such violation, the Authorized Licensing OfFicer or the
designated person indicated in paragraph one, shall have the authority to arrest that
person together with the exhibit used in the commission of that violation for proceeding
with the case.
Section 19
In case where the licensee acts in contrary to the prOVISions of this Act, the Ministerial
Regulations issued pursuant hereto, or the cond.itions specified in his license, the
Authorized Licensing Officer shall have the authority to order cancellation or suspension of
such person's license.
The licensee may appeal to the Director General of the Post and Telegraph Department
within thirty days from the date of cancellation or suspension of his license. The decision of
the Director General of the Post and Telegraph Department shall be final.
Section 20
The Government shall not be responsible in case of loss or damage of any sort which may
arise from the difficulties in the use of radio communication equipment belonging to the
Government and shall not be responsible for the reception, transmission, or passing"of any
radio communication message.
In the case mentioned In the previous paragraph/ the competent authority shall also bear
no responsibility unless such authority has caused the loss or damage willfully, fraudulently
or negligently.
Section 21
The Authorized Licensing Officer shall have the authority to assess fine for violation of this
Act.
Section 22
Under judgment that a person is guilty of violation under this Act, the court may also order
to forfeit the "article used in such violation for the official use of the Post and Telegraph
Department.
Section 23
Any person who is in contravention of Section 6, Section 11 or Section 16 shall be guilty of
an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand
Baht or imprisonment not exceeding five years or both.
Section 24
In case there is any contravention of Section 12 or Section 13, the person in charge of the
radio communication
station or the person in charge of the radio communication
equipment and persons involved in such contravention shall be guilty of an offence and
shall, on conviction/ be liable to a fine not exceeding forty thousand Baht or imprisonment
not exceeding two years or both.
Section 2S
Any person who is in contravention of Section 7, Section 8 or Section 17 shall be guilty of
an offence and shall, on conviction, be liable to a fine not exceeding forty thousand Baht or
imprisonment not exceeding two years or both.
Section 26
Any person who intentionally causes interference or obstruction to radio communications
shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one
hundred thousand Baht or imprisonment not exceeding five years or both.
Section
27
Any person who is In contravention of the order of the Authorized Licensing Officer or the
designated person, under the provisions of Section 15, shall be gUilty of an offence and
shall, on conviction, be liable to a fine not exceeding forty thousand Baht or imprisonment
not exceeding two years or both.
Section 28
All licenses and certificates issued under the laws on radio-communications
prior to the
date coming into force of this Act shall remain valid until their dates of expiration.
Section 29
The r-1inister of Transport and Communications shall be In charge of this Act and shall have
the authority
to appoint an Authorized Licensing Officer and issue the Ministerial
Regulations:
(1)
laying down rules for the application for} and issuance of, licenses;
(2)
prescribing
procedures for cancellation and suspension of licenses;
(3)
prescribing
fee schedules in accordance with this Act;
(4)
prescribing specifications
for radio operators;
(5)
prescribing
Such Ministerial
Gazette.
Couritersigned
for radio communication
equipment
and qualifications
any other matters for the carrying out of this Act.
Regulations shall come into force as of their publication
in the Government
by
Field Marshal P. Pibulsonggram
Prime Minister
/~.s 2rrtAn.d0C bv Lilt! ~R~:ad:,:J
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~ Disclaimer
i This
translation is intended to help Thais or foreigners to understand Thailand laws and j
~ regulations only, not to use as references, because it is only the original Thai version of ;
1, legislation
that carries legal effect.
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