A Summary of the Thai Law and Legal System

This summary of Thai law was prepared by Joe Leeds and Chaninat Leeds. Joe Leeds is a managing partner of Chaninat & Leeds, a Thai law firm comprised of American and Thai lawyers. Mr. Leeds has been working as a legal consultant and managing partner in Thailand since 1995 and is licensed to practice law in the State of Hawaii and the U.S. Federal District for the State of Hawaii. Chaninat Leeds is an Assistant Professor of Law at Sukhothai Thammathirat University in Thailand.

1. Background

The Nation of Thailand is a constitutional monarchy that has a legal system based primarily on the civil law system. Nevertheless, Thailand’s legal system is also influenced by the common law tradition. The common law tradition is most notable in the Thai legal system’s use of Supreme Court decisions as persuasive authority in lower court cases. Modern Thai law dates back to the reign of King Rama V (1868-1910, also known as King Chulalongkorn) who enacted many reforms in the Thai legal system, such as the elimination of trial by ordeal, and establishment of the Ministry of Justice and the first law school in Thailand. King Rama V also began the process of codifying Thai law, and the Thai Penal Code was enacted in 1908. Many of these reforms were overseen by King Rama V’s fourteenth son, Prince Rapee Pattanasak, who is considered a founder of the modern Thai legal system. The codification and modernization/westernization of Thai law were continued under the reigns of King Rama VI (1910-1925) and King Rama VII (1925-1935).

An analysis of the social changes influencing the Reformation of Thai law can be found on the Thai Law Forum website. Thai law is comprised of primarily statutory law and regulations promulgated by the various government ministries. Although Thailand is a civil law country, Supreme Court opinions are recorded and published and form an important basis for the development of Thai law.

2. Government

Thailand has been a constitutional monarchy since 1932. There have been twenty constitutions. In a 2014 coup d’état, the Thai military took control of the executive branch under the name of the National Council of Peace and Order (NCPO). The NCPO established a temporary constitution and subsequently dissolved the democratically elected National Assembly and appointed its own legislative body. In 2017, the NCPO drafted a new constitution—approved through a nationwide referendum—that re-established the country’s bicameral legislature.

Under Thailand’s constitutions, the King is the head of state and exercises his sovereign powers through the National Assembly, the Council of Ministers, and the Courts. An article summarizing the basic structure of the Thailand government is available online.

2.1. Legislative Branch

Legislative power is exercised by the National Assembly, which consists of the House of Representatives and the Senate. The House of Representatives has 500 members who serve four-year terms. Of those members, 350 are elected directly from 157 multi-representative constituencies. The remaining 150 members are elected from party lists and are chosen based on the proportion of votes cast by constituents in eight groupings of provinces. Under the 2017 Constitution, Thailand’s Senate now has 250 members who serve five-year terms, all of whom are appointed by the military.

The Constitution provides for the enactment of the following organic acts:

• Organic Act on Election of Members of the House of Representatives
• Organic Act on Installation of Senators
• Organic Act on Election Commission
• Organic Act on Political Parties
• Organic Act on Ombudsmen
• Organic Act on Prevention and Suppression of Corruption
• Organic Act on State Audit
• Organic Act on Procedures of the Constitutional Court
• Organic Act on Criminal Procedure for Persons Holding Political Positions
• Organic Act on Human Rights Commission

An organic law bill may be introduced only by:

• The Council of Ministers upon the recommendation of the Supreme Court, the Constitutional Court, or a relevant Independent Organ
• Members of the House of Representatives comprising no less than one-tenth of the total number of existing Members of the House of Representatives

A vote of the majority of members of each House of the National Assembly is required for the promulgation of any organic law.

A bill other than an organic law bill may be introduced by:

• the Council of Ministers
• at least twenty members of the House of Representatives
• persons having the right to vote of not less than ten thousand in number, on matters relating to rights and liberties or fundamental state policies

Money bills introduced under the second or third condition must also be endorsed by the Prime Minister.

A vote of a majority of a quorum of each House of the National Assembly is required for the promulgation of any law other than an organic law.

The King’s approval is required to promulgate any law; however, if the King does not approve a law, it may still be promulgated with the votes of at least two-thirds of the members of the National Assembly.

2.2. Executive Branch

The head of the government is the Prime Minister. The Prime Minister and the Council of Ministers are responsible for the administration of state affairs and establishing government policies. The Council of Ministers may propose legislation for consideration by the National Assembly, and the endorsement of the Prime Minister is required for the introduction of money bills.

The King appoints the Prime Minister and up to thirty-five additional Ministers, who comprise the Council of Ministers. Previously, the Prime Minister must have been a member of the House of Representatives and must have had the approval of a majority of representatives in the House. After the 2017 Constitution, however, the Prime Minister need not come from the House of Representatives and is chosen by the full legislature, including the military-appointed Senate. The Prime Minister may not hold office for more than eight consecutive years.

The King may, with the approval of the Council of Ministers, issue emergency decrees having the force of law for the purposes of maintaining national or public safety, maintaining national economic security, or averting public calamity. The King may also issue emergency decrees if a law on taxes, duties, or currency, requiring urgent and confidential consideration, is necessary. Emergency decrees must be submitted to the National Assembly for consideration without delay.

The King may also, inter alia, issue royal decrees not contrary to law, declare and lift martial law in accordance with the Martial Law, declare war (with the approval of at least two-thirds of the members of the National Assembly), and enter treaties (with the approval of the National Assembly in the case of material treaties).

2.3. Judicial Branch

The Courts have responsibility for trying and adjudicating cases. The constitution expressly provides for four types of courts: the Constitutional Court of the Kingdom of Thailand, the Courts of Justice, the Administrative Courts, and the Military Courts.

2.3.1. The Constitutional Court

The Constitutional Court has nine members who are appointed by the King with the advice of the Senate and who serve one seven-year term. The members of the Constitutional Court consist of three judges of the Supreme Court of Justice, elected by the general assembly of the Supreme Court of Justice; two judges from the Supreme Administrative Court, elected at a general assembly of the Supreme Administrative Court; two individuals (one expert in the field of law and one expert in a field of political science or public administration) having held a position of Professor at a university in Thailand for not less than five years and currently having renowned academic work; and two qualified persons obtained by selection from persons holding or having held a positing not lower than Director-General or a position equivalent to a head of government agency, or a position not lower than Deputy Attorney-General, for not less than five years. The judges of the Constitutional Court elect one of their members to be the President of the Constitutional Court. The Constitutional Court has an independent secretariat with autonomy in personnel administration, budgeting, and other activities.

The Constitutional Court has jurisdiction to determine whether the provisions of any law, rule, or regulation are contrary to or inconsistent with the Constitution. Decisions of the Constitutional Court are not subject to appeal by any other court.

2.3.2. The Courts of Justice

Courts of Justice adjudicate all cases except where otherwise specified in the Constitution or other laws. There are three levels of Courts of Justice: Courts of First Instance, Courts of Appeal, and the Supreme Court of Justice. The Courts of Justice have an independent secretariat with autonomy in personnel administration, budgeting, and other activities. Judges in the Courts of Justice are appointed and removed by the King with the approval of the Judicial Commission of the Courts of Justice. A full description of the Thailand court system can be found on the Court of Justice Thailand–Judicial System website.

2.3.2.1. The Supreme Court of Justice

The Supreme Court of Justice has jurisdiction to hear and adjudicate appeals from the Courts of Appeal and the specialized courts of the Courts of First Instance. The Supreme Court can hear appeals on questions of law and, in certain cases, on questions of fact. The Supreme Court of Justice has original jurisdiction in cases involving the removal or revocation of the right to vote of members of the National Assembly.

The Constitution provides that the Supreme Court of Justice shall have a Criminal Division for Persons Holding Political Positions to hear cases brought by, or against, members of the National Counter Corruption Commission. The Supreme Court of Justice also has original jurisdiction in those cases.

The Supreme Court of Justice has many other divisions dealing with specific types of cases. A quorum consists of three judges, but for exceptional cases, a plenary session (with a quorum consisting of most of the judges of the Supreme Court) may be called.

2.3.2.2. The Courts of Appeal

The Courts of Appeal consist of the Court of Appeal and nine regional Courts of Appeal. They have jurisdiction to hear and adjudicate appeals from judgments and orders of the Courts of First Instance and can hear appeals on both questions of law and fact. In addition, the Courts of Appeal have original jurisdiction in cases involving the removal or revocation of the right to vote of any member of a local assembly or any local administrator, and the judgment of the Courts of Appeal in such cases is final. A quorum of three judges generally hears each appeal.

2.3.2.3. The Courts of First Instance

The Courts of First Instance are the trial courts. There are three types of Courts of First Instance: general courts, juvenile and family courts, and specialized courts. General courts have jurisdiction over criminal and civil cases, and they are divided into Civil Courts, Criminal Courts, Provincial Courts, and Kwaeng Courts. The juvenile and family courts hear and adjudicate cases involving minors and family-related matters. The Thailand Family Law Courts consist of the Central Juvenile and Family Court, the Provincial Juvenile and Family Courts, and the Division of Juvenile and Family Court in the Provincial Courts. The specialized courts consist of the Labour Court, the Tax Court, the Intellectual Property and International Trade Court, and the Bankruptcy Court. Juries are not used in trials. General Courts of First Instance handle civil cases not designated to specialized courts as well as probate and inheritance proceedings in Thailand.

2.3.3. The Administrative Courts

The Administrative Courts have jurisdiction to try and adjudicate cases between (i) a government entity or official and (ii) a private individual or another government entity or official. Such cases must be a consequence of the exercise of administrative power under the law or a consequence of the pursuit of an administrative act by a government entity or official. Administrative Courts do not have jurisdiction over the direct exercise by a constitutional organ of powers granted to it under the Constitution. The Administrative Courts have an independent secretariat with autonomy in personnel administration, budgeting, and other activities.

2.3.4. The Military Courts

The Military Courts have jurisdiction to try and adjudicate criminal cases against persons subject to the jurisdiction of the Military Courts.

2.4. Constitutional Organs

The Constitution provides for the following independent constitutional organs:

• the Election Commission;
• the Ombudsmen;
• the National Counter Corruption Commission; and
• the State Audit Commission.

The Constitution also provides for the following additional constitutional organs:

• Public Prosecutors;
• the National Human Rights Commission; and
• the National Economic and Social Council.

Constitutional organs have autonomy in personnel, budgeting, and other activities as provided by applicable law.

3. Substantive Areas of Thai law

3.1. Thailand Family Law

Thailand family law is composed of codified laws as found in the Thailand Civil and Commercial Code as well as being highly influenced by Thailand Supreme Court decisions. The Thailand Family Law has specific sections devoted to Thailand Divorce Law, parental rights, and paternity.

3.1.1. Thailand Marriage Law

Thailand Marriage Law is based on a community property system where assets acquired during a marriage are presumed to be marital assets shared equally by both spouses. Despite that, spouses can elect to enter into Prenuptial Agreements to opt out of the statutory Thailand Civil and Commercial Code from Section 1435 to Section 1530. A separate section of the Thailand Civil and Commercial Code is devoted to Prenuptial Agreements in Thailand.

Thailand has been a party to the CEDAW Convention. Under the Thai Constitution Law Section 27, women and men have equal rights. Women were granted the right to keep their maiden name after marriage by the Women’s Title Act 2008, effective on June 4, 2008.

3.1.2. Prenuptial Agreements

Prenuptial Agreements are allowed in Thailand, under Section 1465 of the Thailand Civil and Commercial Code, provided they meet certain basic standards. The basic requirements determining the lawfulness of a prenuptial agreement in Thailand are: no clause in the prenuptial agreement may be contrary to public order or good morals, and the agreement must be according to Thai law. Additionally, the Thailand Civil and Commercial Code Section 1466 requires that a prenuptial agreement must be entered into the Marriage Register.

Although prenuptial agreements are authorized, under certain circumstances by Thai law, postnuptial agreements have more limitations on their use and lawfulness. Section 1469 of the Thailand Civil and Commercial Code states that agreements concluded between a husband and wife during their marriage may be canceled by either of them at any time during the marriage or within one year of the day of dissolution of marriage, subject to certain minor exceptions.

3.1.3. Divorce in Thailand

In general, there are three types of divorces in Thailand, administrative divorces, court divorces, and Sharia law (Muslim) divorces. Administrative divorces are divorces that are registered by local government officials at a government District office. Administrative divorces are reserved for couples who have married in Thailand. No court hearing and no judge is presiding over an administrative divorce. Both divorcing spouses must consent to register an administrative divorce. Islamic law divorces are practiced in the four Muslim provinces of Thailand. Islamic law applies to Muslims in Thailand, especially in settling matrimonial disputes and inheritance. Court divorces are initiated by one divorcing spouse filing a complaint for divorce in the provincial court having jurisdiction over the divorcing parties. There is an evidentiary hearing and other due process safeguards. Thai law requires that a person filing for a court divorce in Thailand prove both jurisdiction and the grounds of divorce. The divorce is ultimately decided by a court judgment. Due to the specialized nature of administrative divorces and Islamic law divorces in Thailand, this summary of Thai law shall be limited to the law relating to court divorces In Thailand.

3.1.3.1. Grounds for Divorce and Jurisdiction

Although many nations allow for a “no-fault” divorce, where one spouse can obtain a divorce without alleging any reason for asking for a divorce, Thailand follows a more traditional legal model for divorce. To obtain a court-approved divorce, the spouse requesting the divorce must prove at least one of the ten listed “grounds” for divorce required in Thai law, as listed in the Thailand Civil and Commercial Code Section 1516. Grounds are legal reasons for divorce required by Thai law to file a complaint for divorce in Thailand courts. The Court having jurisdiction over a divorce case in Thailand is defined by the Thailand Civil Procedure Code Section 2.

3.1.4. Division of Marital Property

Thai law regarding marital property is based on a “Community Property” model. When divorcing spouses divorce in Thailand, their property is designated as Separate Property or Community Property. Separate Property means that property is owned by an individual spouse, and the other spouse has no ownership interest. Community Property means property in which both spouses have an equal ownership right.

However, although this basic description of separate and community property seems simple, there are numerous exceptions and qualifications. There are, for example, special rules concerning real estate. Also, the Thailand Conflict of Law Act rules may apply when the divorcing persons reside outside of Thailand, have property outside of Thailand, or have entered into a marriage or prenuptial agreement outside of Thailand. The rules regarding the division of property are complex, and the Thai Courts will divide the property according to the applicable law and individual facts of the case.

3.1.5. Child Custody Rights

Child custody disputes between parents can arise during a divorce case or between unmarried parents and even between spouses who choose to remain married. Child Custody Law in Thailand is mostly governed by the Thailand Civil and Commercial Code and Supreme Court Case precedent. According to Thai law, both lawful parents of a child have full custodial rights under Thailand Civil and Commercial Code Section 1566.

3.1.6. Alimony and Maintenance

Alimony, often referred to as “maintenance” is required pursuant to Thailand divorce law under certain circumstances, as provided by the Thailand Civil Commercial Code Section 1598/38. In general, alimony is required based on the needs of the ex-spouse requesting the financial support. Nevertheless, alimony financial amounts are normally significantly less than would be ordered by Western courts in similar circumstances. In consensual administrative divorces, alimony is required if the parties make an agreement that includes alimony.

3.1.7. Child Support

The basic duty of a parent to support a lawful child is stated in the Thailand Civil and Commercial Code Section 1564, as follows, “The parents are bound to maintain their children and to provide proper education for them during their minority.” Applications to enforce child support obligations may be made by either the father, the mother, or the public prosecutor as stated in Thailand Civil and Commercial Code Section 1565.

3.1.8. Legitimization and Paternity

Unmarried biological fathers of children in Thailand do not necessarily have lawful parental rights in Thailand. As a result, biological fathers seeking to establish paternity in Thailand often require a specific legal procedure. In other words, Thai law requires that a father be the “legal” parent, as well as the biological parent, to have the father’s rights. Women, on the other hand, provided that they are the birth mothers, are considered by Thai law to be the lawful parents without additional court or administrative processes. Under Section 1536 of the Thailand Civil and Commercial Code, a child born of a woman during wedlock or within three hundred and ten days after the termination of the marriage is presumed to be the legitimate child of the husband or the man who used to be the husband, as the case may be. Under the Thailand Civil and Commercial Code Section 1537. In cases where the woman had made the new marriage and gave birth to a child within three hundred and ten days from the day of termination of the marriage, the child shall be presumed to be the legitimate child of the new husband.

A man who is not presumed to be the lawful father of a child under Thai law may apply to legitimate the child under Thailand Civil and Commercial Code Section 1547. Under certain circumstances, a father who was not married to the mother may legitimate the child by a subsequent marriage to the mother. Conversely, Thai law allows for a presumed father to apply to repudiate his paternity according to Sections 1539 and 1542 of the Thailand Civil Commercial Code.

3.1.9. Surrogacy

Before the enactment of the Thai Surrogacy Act, surrogacy was not directed or regulated by any specific Thai law. As a result, surrogacy in Thailand was unregulated to a significant degree. On August 1, 2015, Thailand enacted a Thailand Surrogacy Act that limits commercial surrogacy and sets ethical standards for the surrogacy process. Under the current Thailand Family Law, however, legal surrogacy requires a qualified couple and surrogate mother, as defined by the Surrogacy Act, as well as a doctor and medical facility authorized by the government, to handle surrogacy procedures.

3.1.10. Thailand Adoption Law

The primary law controlling the adoption of children in Thailand is the Thailand Adoption Act. Adoption procedures in Thailand are contingent upon the nationality of the prospective adoptive parents and their relationship to the child. Specifically, the process for a foreign national to adopt a Thai child is more complex compared to that for Thai nationals.

In Thailand, adoption procedures are exclusively managed by the Child Adoption Center within the Department of Welfare (DPW). Private adoption agencies are not legally authorized to facilitate the adoption of Thai children by foreign parents. However, non-governmental organizations may collaborate with the DPW and are licensed to recommend placements of children with international adoptive parents. Despite this, all formal applications are processed by the DPW. The adoption process for children from Thailand may differ based on the agency or attorney managing the procedure within Thailand and the legal requirements of the adoptive parent’s home country.

Prospective adoptive parents seeking to adopt a Thai child must fulfill specific criteria to qualify for adoption: a) they must be legally married, b) both must be at least 25 years old, c) they must be significantly older than the child to be adopted, and d) they must be legally eligible to adopt in their own country. Additionally, Thai law mandates that an authorized agency in the prospective adoptive parent’s home country must provide confirmation that the adoption will be legally recognized before the DPW will initiate the application process.

3.1.11. Child Abduction

Thailand is also a signatory of The Hague Convention on Child Abduction, a treaty that allows a parent who has had their child unlawfully taken to another country, most commonly by an estranged spouse, to petition for their child’s return. In 2013, to further quell child abduction in Thailand, the Kingdom codified all the major provisions of the Hague Treaty into its domestic law by passing the Thailand Child Abduction Act.

3.1.12 Abortion

Abortion without medical necessity is illegal in Thailand pursuant to the criminal code sections 301-305. However, in recent years, the legal definition of “medical necessity” has expanded to include mental harm caused by an unwanted pregnancy as a lawful reason for an abortion. In general, adoption performed by doctors in a licensed hospital is not prosecuted as a criminal offense in Thailand. Moreover, two drugs known as the “abortion pills”—Mifepristone and Misoprostol—were approved for use in certain hospital settings in Thailand in 2014.

3.2. Real Estate Law in Thailand

Thailand Land Law is based primarily on the Thailand Land Law Code. The Thailand Land Law Code (1954) was the first major legislation systemizing land laws in Thailand. However, the Land Law of Thailand is also comprised of sections of the Thailand Civil and Commercial Code, supplementary acts, rules, and regulations of the Ministry overseeing the Land Departments, and it is further modified by Thailand Supreme Court Judicial decisions.

Land laws by the Thailand Civil and Commercial Code are in Section 1298-1434. Thailand’s land law provides for several different categories and classes of title deeds and possession certificates. Thailand’s land law generally prohibits foreign ownership of freehold land, with a few notable exceptions explained below.

Thailand’s real estate laws and regulations are similar to those in Western countries, as a result of Thailand’s hybrid law system, which is based primarily on the European civil law system and also includes some aspects of common law jurisdictions. However, one key difference that complicates real estate transactions for non-Thai nationals is that it prohibits foreigners from purchasing land in Thailand.

The primary legal frameworks governing land ownership include:

• Thailand Land Code B.E. 2497 (A.D. 1954)
• Land Reform for Agriculture Act B.E. 2518 (A.D. 1975)
• Land Development Act B.E. 2543 (A.D. 2000)
• City Planning Act B.E. 2518 (A.D. 1975)
• Thailand Condominium Act B.E. 2522 (A.D. 1979) and its amendments
• Rules Relating to Land Allocation B.E. 2535 (A.D. 1992)

Thailand’s land law generally prohibits foreign ownership of freehold land, although non-Thai citizens are permitted to enter a land lease. Under Thailand condominium law, however, foreigners are allowed to purchase condos outright as long as foreign ownership in the building does not exceed 49% non-Thai ownership.

In 2019, Thailand passed the “Sap-Ing-Sith” Act that allows owners of real estate–defined in the law as “immovable property”–to grant additional rights to lessees that were previously only reserved for owners. If granted a Sap-Ing-Sith by an owner of immovable property, a lessee gains additional rights, including the ability to transfer the land to a third party or to use it as collateral for a loan without the owner’s consent, and the condominium unit is designated within the 49% foreign ownership quota.

3.2.1. Real Estate Title Deeds and Rights

Land transactions must be registered at the Land Office in the province where the land is located. In general, land transaction and ownership require that the title deed be registered at the Land Department. However, certain lesser, informal rights, such as possessory rights, usufruct, and habitation rights are stated in Thailand Civil and Commercial Code Section 1367.

Real Estate Ownership Documents

1. Land Title Deed (Chanote): Pursuant to Thailand Land Code Section, a full title deed, or Nor Sor 4, is the most secure type of land ownership in Thailand, ensuring easy transfer, and it is mainly issued in urban areas. The Chanote (or Nor Sor 4) category, found in more developed parts of Thailand, offers private ownership (similar to freehold land). A secondary type of title deed is a Nor Sor 3 (Gor). A Nor Sor 3 Gor also conveys Freehold Ownership. However, a Nor Sor 4 (Chanote) has official boundary markers that are verified by aerial photos of the land.
2. Confirmed Certificate of Use (Nor Sor Saam Gor): Pursuant to the Thailand Land Code, a No Sor 3 Gor certificate certifies the right to use land, often issued pending a Land Title Deed.
3. Certificate of Use (Nor Sor Saam): Similar to Nor Sor 3, the land certificate pursuant to Thailand Land Code, acks some formalities like aerial photos. Transfer requires intent posting at several official locations and a thirty-day waiting period.
4. Certificate of Possession (Sor Kor Neung): Recognizes possession but does not confer ownership rights. Common in rural areas.
5. Tax Receipt: Evidence of possession, useful for applying for a Certificate of Possession but does not confer ownership.
6. Condominium Unit Title Deed (Nangsue Kammasit Hong-Chut): Evidence of ownership of a condominium unit, with procedures similar to Land Title Deed registration.

3.2.2. Other Real Estate Rights in Thailand

3.2.2.1. Usufruct

Under Thailand Civil and Commercial Code Section 540, a usufruct right in Thailand allows a person to use and manage another’s real estate property for up to 30 years of the life of the usufructuary. This right is often granted to a foreign spouse to protect them in the event of the Thai spouse’s death. However, the usufructuary cannot sell the property and is responsible for its maintenance. If the property is damaged due to neglect, the owner can terminate the usufruct.

3.2.2.2. Superficies

Pursuant to Thailand Civil and Commercial Code Section 1410, the right of superficies allows for the separation of land ownership from ownership of buildings on the land. This right must be registered on the land title deed and can be granted before or during construction. For existing buildings, ownership transfer (and associated taxes) is required before registering the right of superficies.

3.2.2.3. Habitation

Pursuant to Thailand Civil and Commercial Code Section 1402, the right of habitation allows a person to live in another’s house without charge. Unlike a usufruct, this right cannot be transferred to a third party and is strictly for the residence of the grantee and their family. It can be granted by will or as a gift and must be registered on the title deed.

3.2.2.4. Servitude

Pursuant to Thailand Civil and Commercial Code Section 1387, a servitude, similar to an English easement, is a non-possessory interest in land that allows one property (the dominant property) to benefit from another (the servient property). This could include rights like using an access road or laying utilities across neighboring plots. A registered right of servitude ensures uninterrupted access to the dominant property, especially when it is surrounded by other plots without direct access to a public road.

3.2.2.5. Leaseholds

Pursuant to the Thailand Civil and Commercial Code Section 540, leases in Thailand can be registered for up to thirty years, after which they automatically expire. Leases of three years or more are required to be registered at the Thailand Land Department, pursuant to Thailand Civil and Commercial Code Section 538. The Act Governing Leasing of Immovable Property for Commercial and Industrial Purposes B.E. 2542 (A.D. 1999) allows for the leasing of immovable property for commercial or industrial purposes for periods ranging from thirty to fifty years, provided the lease meets specific investment or business criteria.

3.2.3. Real Estate Rights of Foreign Nationals

Foreigners are generally prohibited from owning land in Thailand. However, an exception exists under Section 93 of the Thailand Land Code, which, in theory, allows foreigners to inherit land in Thailand not exceeding 1 rai (1600 square meters) for residential purposes in specified areas. Foreigners who inherit land as statutory heirs can own it with permission from the Minister of Interior. However, this exception to the general prohibition on foreigners owning land in Thailand applies only to ownership under a treaty, and currently, no treaties allow foreign land ownership in Thailand. Therefore, while foreigners can inherit land, they cannot register ownership and must sell it within a year of the inheritance date.

Certain exceptions allow foreign-owned companies to acquire land under specific circumstances:

1. Board of Investment (BOI) and Industrial Estate Authority of Thailand (IEAT) Projects:
   • Foreign-owned companies involved in these projects may own land for business operations and residential purposes for management and employees.
2. Petroleum Act:
   • Foreign oil companies that meet the requirements of this act may also own land.
3. Ownership of Buildings:
   • Foreigners may own buildings on leased land, as there are no restrictions on building ownership. This may allow for the construction of offices, apartments, or houses on leased land.
4. Rights Under Specific Laws:
   • Investment Promotion Act B.E. 2520 (A.D. 1977): Allows promoted entities to own land necessary for their business.
   • Financial Institution Business Act B.E. 2551 (A.D. 2008): Specifies conditions under which financial institutions may acquire land.
   • Land Code Amendment Act (No. 8) B.E. 2542 (A.D. 1999): Allows aliens to acquire land for residential purposes under strict conditions, such as bringing in a minimum of THB 40 million for investment.
   • Industrial Estate Authority of Thailand Act B.E. 2522 (A.D. 1979): Permits land ownership in industrial estates or export zones for business operations.

Company Ownership: In theory, a Thai registered company may own land in Thailand if no more than 49% of its total issued shares are held by foreigners. Even when this condition is met, Land Office officials may scrutinize the transaction to ensure compliance with the prohibition on foreign land ownership. Pursuant to the Thailand Foreign Business Act, the use of Thai national nominees who act as agents of a non-Thai (foreigner) land owner in order to circumvent the Thai law prohibiting non-Thai ownership is illegal.

House Building Ownership: Although non-Thai persons are prohibited from owning land in Thailand, they are allowed to own buildings separate from the land. This can be achieved by constructing a building on leased land or purchasing an existing house separate from the land and obtaining a land lease. The transfer of an existing building must be registered with the Land Department, and ownership is tied to the right to use the land. Numerous real estate developers use this method to sell houses and lease land to foreigners in Thailand. When the right to use the land expires, the right to own the building on the land also ends.

3.2.4. Condominium Ownership by Foreigners

Thailand condominium law grants foreigners the right to purchase condos outright as long as foreign ownership in the building does not exceed 49% non-Thai ownership of the total area of all units in a building, under the Thailand Condominium Act B.E. 2522 (A.D. 1979). Eligible foreign buyers must present complete and correct documentation as required by the Land Department.

Eligible Foreign Individuals:

• Residents Permitted Under the Thailand Immigration Act: Must present a passport, residence permit, and house registration or alien book.
• Foreign Investors Permitted Under the Investment Promotion Act: Must present a passport and a letter from the BOI certifying permission to reside in Thailand.
• Foreign Currency Remitters: Foreigners who bring foreign currency into Thailand to pay for the purchase of condominium units. Required documentation includes evidence of foreign currency transfer, a Foreign Currency Declaration Form, or a receipt issued by an authorized foreign exchange dealer.

Foreign nationals, both natural and juristic persons, can purchase and own condominium units in Thailand within the foreign ownership quota, which is capped at 49% of the total unit floor area in a condominium building. To qualify for ownership under Section 19 of the Condominium Act, foreigners must bring foreign currency into Thailand equal to the condo’s purchase price and exchange it into Thai baht within the country.

Eligible Foreign Juristic Persons:

• Juristic Persons Registered Under Thai Law: Must provide a Certificate of Registration from the Ministry of Commerce.
• BOI-Promoted Foreign Juristic Persons: Must present a Promotion Certificate from the BOI.
• Foreign Juristic Persons Bringing in Foreign Currency: Must provide similar documentation as individual foreign investors.

3.3. Intellectual Property Law

Intellectual property rights are records administered and regulated by the Thailand Department of Intellectual Property. The primary law regulating copyright in Thailand is the Thailand Copyright Act B.E. 2537 (1994). The primary law regulating patent rights in Thailand is the Patent Act B.E. 2522 (1979), as amended by the Patent Act (No. 2) B.E. 2535 (1992), and the Patent Act (No. 3) B.E. 2542 (1999). The primary law regulating trademark registration in Thailand is the Thailand Trademark Act, B.E. 2534 (1991), as amended by the Trademark Act (No. 2) B.E. 2543 (2000). The Thai parliament approved amendments to the Thailand Copyright Act of 2015 in 2014 which became effective on January 31, 2015.

Applications for patents and trademarks in Thailand are filed through the Department of Intellectual Property, a division of the Ministry of Commerce. Thailand also has a specialized Intellectual Property court for litigation concerning intellectual property rights.

Thailand is a signatory of the Berne Convention for the Protection of Literary and Artistic Works (with certain reservations) the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty, but it is not a signatory of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations or the Universal Copyright Convention. These laws are administered by the Department of Intellectual Property under the Ministry of Commerce. WIPO also provides a list of Thailand IP laws and treaties.

The Thai parliament approved amendments to The Thailand Copyright Act of 2015 in 2014 which became effective on January 31, 2015 (Copyright Act (No.3) 2015). Thailand enacted a new Trademarks Act (No. 3) 2016 effective April 26, 2016. Thailand entered the Madrid protocol, allowing for simplified registration of international trademarks in Thailand.

3.4. Employment Law

Labor laws are provided by, inter alia, the Labor Relations Act (1975), the Act of Establishment of Labor Courts and Labor Court Procedure (1979), the Provident Fund Act (1987), the Social Security Act (1990), the Compensation Fund Act (1994), and the Labor Protection Act (1998). Employment Law disputes in Thailand are decided by the Thailand Labor Court. The Thailand Department of Labor supervises the enforcement of Labor Law provides licensing for labor recruitment agencies and authorizes work permits for foreigners working lawfully in Thailand.

3.5. Thailand Criminal Law

Thailand’s Criminal Law is found primarily in the Thailand criminal code. However, other laws with criminal penalties in Thailand can be found in other Thailand legal codes and official Acts. Criminal offenses, as defined by Thailand’s Criminal Law, are found in individual statutes that apply to specialized criminal offenses, whereas “general” criminal offenses are defined by the Thailand Criminal Code. However, other laws with criminal penalties in Thailand can be found in other Thailand legal codes and official Acts. For example, Thailand’s narcotics and drug laws can be found in the Thailand Narcotics Code. Other Acts that define specialized criminal offenses can be found in the Thailand Anti-Money Laundering Act and the Thailand Computer Crime Act. Other specialized Acts include the Thailand Firearm Control Act.

Additionally, several Acts provide regulations for a specific area of law but are not specifically intended to enforce criminal sanctions. These general Acts may include specific sections that contain criminal penalties. For example, the Thailand Foreign Business Act sets out a series of laws and regulations controlling how foreign businesses may operate in Thailand, and some of its provisions contain criminal penalties for violations. For example, the Thailand Land Code contains provisions that define criminal offenses in the Thailand Land Code in Chapter 12. These provisions are related to foreign land ownership in Thailand.

3.5.1. Criminal Procedure in Thailand

In the Thailand criminal law system, judges preside over all cases, and there are no jury trials. Thailand provides for the protection of basic rights as enacted in the Thailand Constitution. The rights of persons accused of a crime include the right to an attorney and the provision of an attorney for indigent persons in Section 69 of the Thailand Constitution. The right to bail is stated in Section 29 of the Thailand Constitution. The Constitution also provides for the presumption of innocence and the right against self-incrimination in section 29. The constitution also includes rights to cross-examine adverse witnesses as well as provide defendant witnesses.

Procedural issues in the Criminal Trial and Appeal process are largely controlled by the Thailand Criminal Procedure Code. In general, Thailand’s criminal procedure law provides similar rights to the accused persons as in other developed countries. However, there are also some differences. For example, while there are public prosecutors who file and prosecute most criminal cases in Thailand, Section 28 of the Thailand Criminal Procedure allows for private prosecutions by injured individuals.

The right to bail in Thailand is set out in Thailand Criminal Procedure Code Sections 106-119. Thai law also requires that law enforcement obtain a warrant before executing a search. Thailand’s requirements for a search warrant and arrest warrant are set out in Thailand Criminal Procedure Code Sections 57-65. The requirements and exceptions of a warrant requirement in Thailand are explained in the Thailand Criminal Procedure Code Sections 91-105. The right to remain silent in Thailand when a defendant in a criminal case is also set out in the Criminal Procedure Code, Sections 232 to 237. Thailand also has a version of the “fruit of the poisonous tree doctrine,” that allows for exclusion of evidence obtained illegally in Thailand in criminal trial under the Criminal Procedure Section 226/1.

3.5.2. Thailand Narcotics Law

The Thailand Narcotics Code controls the basic laws regarding the criminalization of narcotics and drugs in Thailand. The Narcotics Code is a separate code of law from the Thailand Penal Code. The Thailand Narcotics Code was amended in 2019 with changes that reduced penalties for certain drug offenses, and provided, as an alternative, treatment in a Thailand drug rehabilitation center.

On June 9, 2022, Thailand became the first Asian nation to decriminalize cannabis when it delisted all parts of the cannabis plant from its schedule of prohibited narcotics. Cannabis was previously classified as a scheduled category five narcotic in Thailand. Category five substances were prohibited.

Before legalization, Thailand first decriminalized cannabis on February 19, 2019, with an amendment to the Narcotics Code that allowed for limited use of cannabis for medical purposes.

Following the 2022 delisting, the Thailand Ministry of Public Health issued several prohibitions on cannabis use. Thailand prohibited the sale of cannabis flowers to minors (under the age of 20) and pregnant and breastfeeding women. The Ministry of Health also prohibited smoking cannabis in a public place.

Thai nationals may cultivate cannabis and hemp plants without a license. Hemp, cannabis, and their unprocessed parts and crude resins (except cannabis flowers and resins therefrom) may be traded freely in Thailand without the requirement of a license. Cannabis flowers and their derivatives may be traded under a license issued under the Protection and Promotion of Thai Traditional Medicines Knowledge Act (1999). However, agricultural activities, including growing cannabis or hemp, are still reserved for Thai majority-owned companies under the Thailand Foreign Business Act (1999).

In 2023, the Thailand Ministry of Public Health drafted the Cannabis-Hemp Act which was intended to provide an organized regulatory framework for cannabis and hemp. The new Act would classify cannabis as a regulated herb. However, according to the draft law, any extract containing over 0.2% tetrahydrocannabinol would continue to be categorized as a narcotic. The draft Cannabis Act has not yet been approved into law. At the time of this publication, recreational cannabis is generally legal to consume in Thailand.

3.5.3. Recent Developments in Thailand Criminal Law

The Computer Crime Act came into force on July 19, 2007. The act provides for specialized offenses regarding theft of data, misuse of computer systems, and unauthorized access to computer systems, among other issues.

The Thailand Criminal Code was amended in 2015 to increase the penalty for abduction of children by using a weapon and the new maximum penalty is life imprisonment. The amendment came into force on February 13, 2015.

In December 2019, Thailand became the first Southeast Asian country to legalize medical marijuana. The law, which amended the country’s strict Narcotics Act, allows patients access to medical cannabis provided that they have a prescription from a certified doctor or a traditional Thai medical practitioner. Those hoping to grow, distribute, or sell medical cannabis under the new law will first have to seek permission from Thailand’s Food and Drug Administration. Despite the change, marijuana remains a Schedule V substance under Thailand drug laws and those caught in possession can face up to five years imprisonment.

3.6. Thailand Inheritance Law

Thailand Inheritance Law includes the laws controlling the distribution of a deceased person’s estate that are primarily found in Thailand Civil and Commercial Code Sections 1599-1645. The types of property assets that may be inherited as a part of an estate are explained in Thailand Civil Commercial Code Section 1600. Section 1603 of the Thailand Civil and Commercial Code explains that there are two types of inheritance in Thailand: inheritance by a Last Will and Testament and statutory inheritance, which means inheritance without a Last Will, also known as intestate succession.

Sections 1604 to 1607 of the Thailand Civil and Commercial Code state what types of persons are lawfully allowed to be heirs and exclude persons convicted of certain types of fraud or have been determined to have engaged in other unlawful acts, from the right to inherit.

The Thailand Civil and Commercial Code 1608 requires express renunciation by Will or other document, as defined in the Code, of an heir’s right to inherit.

3.6.1. Statutory Inheritance

The Thailand Civil and Commercial Code Section 1620 states that the rules of Statutory Inheritance in Thailand shall apply when there is no Will or the Will has been canceled, voided, or revoked. Section 1620 also explains that when a person dies with a valid Will and that Will does not dispose of all the deceased’s properties, then, the part which has not been disposed of or is not affected by the Will shall be distributed among their statutory heirs according to the law.

Section 1629 of the Thailand Civil and Commercial Code defines six classes of statutory heirs, and they are entitled to inherit in the following order:

1. descendants
2. parents
3. brothers and sisters of full blood
4. brothers and sisters of half blood
5. grandparents
6. uncles and aunts
7. The surviving spouse is a statutory heir, subject to the special provisions of Section 1635 Civil and Commercial Code.

Section 1630 of the Thailand Civil and Commercial Code states that, so long as there is an heir surviving in one of the classes, the heirs of the lower class have no entitlement to share in the assets. The one exception is where there is a descendant and a parent in which case they take an equal share.

3.6.2. Distribution By Will

Thai law sets out specific requirements for preparing a lawful Will in Thailand. Thailand Civil and Commercial Code Sections 1646-1710 state the general rules that apply to the form, interpretation, and effect of the Last Wills and Testaments in Thailand.

Sections 1665-1672 of the Thailand Civil and Commercial Code specify the form of Wills allowed by Thai law. In general, a Will may be made in the following forms: 1. In writing, dated at the time of making the will, and signed by the testator before at least two witnesses present at the same time, 2. by holograph document, that is to say, the testator must write with his hand the whole text of the document, the date, and his signature, 3. by a public document, either at the government District office, or, in some circumstances, outside of the government District office, or by a secret document.

3.6.3. Inheritance of Land by Non-Thai Citizens

Thai law has restrictions on foreign ownership of several types of properties and assets, including land and other types of real estate. As a result, there are special procedures for a foreigner’s inheritance in Thailand. The general prohibition on foreign ownership of land in Thailand creates a conflict for heirs of Thai nationals, who are not Thai nationals. However, the Thailand Land Code allows for a specific exemption on the prohibition of land ownership by non-Thai persons, when they are statuary heir of a Thai decedent.

Section 93 of the Land Code allows a foreign heir to inherit land in Thailand, stating as follows: “A foreigner who acquires land by inheritance as statutory heir can have an ownership in such land upon the permission of the Minister of Interior. However, the total plots of land shall not exceed those specified in Section 87.” Nevertheless, there are remaining restrictions on foreign ownership of land in Thailand, even if by inheritance, under Section 86 of the Thailand Land Code. A non-Thai heir inheriting land in Thailand normally will be required to transfer the land to a Thai national within a reasonable period of time.

A foreigner may lawfully inherit a condominium unit in Thailand, provided that the foreigner qualifies for ownership under Section 19 Condominium Act.

The legal status of a lease that contains a provision that allows heirs of the Lessee to inherit the lease may, possibly, be enforceable against the Landlord, under Thailand Civil and Commercial Code Section 374. Section 374 explains that, if the original Lessor (Landlord) lawfully agreed by contract to allow the transfer of the lease to a third person, including heirs, then the third person has the right to claim such performance against the Landlord.

3.7. Laws Relating to Foreigners

Financial institutions are regulated by, inter alia, the Financial Institutions Businesses Act B.E. 2551 (2008), as amended by the Life Insurance Act B.E. 2535 (1992), the Casualty Insurance Act B.E. 2535 (1992), the Act Forbidding the Charging of Interest at Excessive Rates B.E. 2475 (1932), and the Interest on Loans by Financial Institutions Act B.E. 2523 (1980). Financial institutions are also subject to regulation by the Ministry of Finance and the Bank of Thailand.

The issuance and trading of securities is governed by, inter alia, the Securities and Exchange Act B.E. 2535 (1992), which provides for the creation of the Securities and Exchange Commission. Derivatives contracts and markets are governed by, inter alia, the Derivatives Act B.E. 2546 (2003) and are also subject to regulation by the Securities and Exchange Commission.

The business operations of foreigners in Thailand are governed by the Thailand Foreign Business Act B.E. 2542 (1999). Foreigners have several restrictions on their ability to work in Thailand under Thailand’s Employment law. Foreigners’ rights in Thailand’s workplaces are largely governed by the Thailand Alien Working Act 2008 effective on February 13, 2008. The Thailand Immigration Act of 1979 provides for different classes of visas for foreigners including business visas, retirement visas, and marriage visas. A foreign person seeking to work in Thailand requires a separate work permit process in addition to a Non-Immigrant “B” visa. Other types of family visas, such as a marriage visa, can also be used to apply for a work permit in Thailand. Thailand’s immigration laws are enforced by the Thailand Immigration Police. Thailand has created new visa categories for remote workers and foreign residents, including the “Elite visa.”

Thailand’s Immigration Police currently use biometrics identification, including facial and fingerprint scans. Thailand is also connected to Interpol and international crime databases.

Foreign persons considered of crime in Thailand are on the international crime database, which may result in them being listed on the Thailand blacklist and prohibited from entering the courts.

3.8. Cryptocurrency Law

3.8.1. Background

The Thai government supports cryptocurrency for its potential to diversify investment opportunities and aid national development. However, it remains cautious about its impact on financial stability and the broader economic system.

3.8.2. Recent Developments

Following consultations with the Bank of Thailand and a public hearing from January 25 to February 8, 2022, the Securities and Exchange Commission (SEC) issued a directive effective on April 1, 2022. This directive bans digital asset business operators from accepting cryptocurrency as payment for goods and services. Key points include:

• Operators cannot promote or support cryptocurrency payments, including through advertising or service facilitation.
• Operators must warn customers of misusing their accounts for payments and may suspend accounts as necessary.

3.8.3. Project Inthanon

The Bank of Thailand and Thai commercial banks have been developing a central bank digital currency (CBDC) through Project Inthanon, initiated in 2019. This project, which has included phases on wholesale CBDCs and cross-border payments with the Hong Kong Monetary Authority, will begin testing a retail CBDC in late 2022.

3.8.4. Cryptocurrency Regulation

Cryptocurrencies are regulated by the Emergency Decree on Digital Asset Businesses B.E. 2561 (2018) and related regulations from the Ministry of Finance and the SEC. There is no outright ban on cryptocurrencies.

3.8.5. Sales Regulation

The sale of Bitcoin and other tokens is governed by the Emergency Decree, not general securities laws. This Decree covers secondary trading and initial coin offerings (ICOs):

• Secondary Trading: To sell cryptocurrencies, entities must be licensed as one of the following:
  • Digital Asset Exchange: Facilitates trading or exchanging digital assets.
  • Digital Asset Broker: Acts as a broker or agent for trading digital assets.
  • Digital Asset Dealer: Trades digital assets for its account outside exchanges.
• ICOs: Must be approved by the SEC and conducted through an SEC-approved “Digital Portal Service Provider.” ICO regulations, detailed in SEC Notification No. 15/2561, distinguish between “investment tokens” and “utility tokens.” Investment tokens and utility tokens not ready for use from issuance are regulated, while ready-to-use utility tokens are exempt under SEC Notification No. 10/2561.

3.8.6. Taxation

Under the Revenue Code, cryptocurrency income is taxable, including profits from holding or transferring cryptocurrency. The withholding tax rate for such income is 15%.

Cryptocurrency transfers on licensed exchanges are exempt from VAT (Emergency Decree No. 744). Similarly, digital currency issued by the Bank of Thailand is exempt from VAT from April 1, 2022, to December 31, 2023 (Emergency Decree No. 745). A draft Emergency Decree approved on March 7, 2023, will also exempt corporate income tax and VAT for entities issuing and selling investment tokens from May 14, 2018. This draft is pending publication in the Royal Gazette.

4. Sources of Thai Law

4.1. The Constitution

Thailand is a constitutional monarchy, and the Constitution is the supreme law of the country. The Constitution is a lengthy document and provides for the powers of the King, the National Assembly, the Council of Ministers, the Courts, and Constitutional Organs. The Constitution also includes provisions outlining the rights, liberties, and duties of the people, and enumerates directive principles of fundamental state policies relating to national security, social and cultural affairs, foreign affairs, the economy, and the environment. The Constitution may be amended by vote of more than one-half of the members of the National Assembly with the approval of the King or if the King shall not approve the amendment by a vote of not less than two-thirds of the members of the National Assembly. Amendments changing the form of government are not permitted. The Thai Constitution has been through multiple iterations. The most recent Thailand Constitution was enacted in 2017.

4.2. Codified Laws

The fundamental laws that form the backbone of Thai law have been codified into four codes: The Civil and Commercial Code, the Penal Code, the Civil Procedure Code, and the Criminal Procedure Code. The Civil and Commercial Code includes provisions relating to general principles, obligations, contract law, property law, family law, and the law of succession. The provisions relating to general principles are particularly significant because they are often applied to laws outside the Civil and Commercial Code.

4.3. Acts, Treaties, and Administration of Laws

Many important social and economic laws are embodied in Acts, which are laws adopted by the National Assembly, either with the approval of the King or, if the King does not approve a bill, with the approval of at least two-thirds of the members of the National Assembly.

Under the current Constitution, the King may enter treaties with other countries and international organizations, but treaties that change the territories over which the Kingdom of Thailand has sovereignty or jurisdiction require the enactment of an Act for their implementation. Any other material treaties must be approved by the National Assembly. These provisions do not affect the implementation of treaties entered before August 24, 2007.

Arbitration provisions are permitted by the Arbitration Act B.E. 2530 (1987). A research paper on arbitration in Thailand can be found on the Thai Law Forum website.

Bankruptcies are governed by, inter alia, the Bankruptcy Act B.E. 2483 (1940), as amended by the Bankruptcy Act (No. 7) B.E. 2547 (2004). An article explaining the unique role of Thailand’s Bankruptcy Courts is published on the Thai Law Forum website.

The protection of the environment is governed by, inter alia, the National Environmental Protection and Promotion Act B.E. 2535 (1992). This act is administered by the Ministry of Natural Resources and Environment.

4.4. International Treaties

Thailand has entered hundreds of international treaties and conventions. Treaties and conventions are entered into by the Ministry of Foreign Affairs and then incorporated into Thailand’s domestic law by parliamentary approval and finally signed by the King. Some notable treaties are as follows:

• US-Thailand Treaty of Amity and Economic Relations 2005
• US-Thailand Treaty of Amity and Economic Relations 1966
• Treaty Between the US and Thailand on Mutual Assistance in Criminal Matters
• The Avoidance of Double Taxation and the Prevention of Fiscal Evasion concerning Taxes on Income between Thailand and the United States

Fifty-nine nations (as of May 2006) have Double Taxation Treaties with Thailand, such as Australia, Canada, China, France, Germany, Italy, Japan, Korea, Netherlands, and Spain.

4.5. Judicial Decisions

Thailand is not a common law jurisdiction, and judicial precedent is not binding on lower courts. The Supreme Court of Justice is not bound to follow its own decisions, and lower courts are not bound to follow precedents set by higher courts. In practice, however, the decisions of the Supreme Court of Justice do have a significant influence on the Supreme Court of Justice itself and lower courts. Supreme Court decisions are printed regularly and distributed to law libraries and private subscribers. The Thailand Supreme Court also maintains an online database of Supreme Court decisions.

4.6. Primary Sources of Thai Law

Government Gazette: All Acts, Royal Decrees, Ministerial Orders, Regulations, and official government notices are published in the Government Gazette.

Codes, Acts, Treaties, and Judgments: The database section of the Thailawforum website provides original Thai language and English language translations of various Thailand statutes, acts, and important supreme court cases. Constitution (Council of State English translation available. Some of the most often referenced Thailand legal codes and Acts include the following:

• Thailand Criminal Code 2022
• Thailand Criminal Procedure Code
• Thailand Civil Procedure Code
• Thailand Land Code
• Thailand of Conflict of Law Act

Constitutional Court – The website for the Constitutional Court provides Court Rulings for 1998 and summaries of rulings for 1999-2003 in English.

Courts of Justice – Selected Acts and Rules relating to the Courts of Justice are available from the Courts of Justice website (browse under law and resource).

Various Thailand Acts and Regulations are available in the database section of the Thai Law Forum website.

4.7. Treatises and Law Reviews

• Chulalongkorn University
• Thammasat University
• Dhurakij Pundit University
• The Lawyers Council of Thailand
• The Thai Bar Association under The Royal Patronage
• The Thailand Journal of Law and Policy

4.8. Other Internet Sources

• Thai Law Forum (has a database of selected laws, summaries of opinions of the Supreme Court, legal news, and a law journal)
• AsianLII (has links to the Constitution, Supreme Court decisions, legislation, Constitutional Court decisions, Central Intellectual Property, and International Trade Court decisions)
• NATLEX (labor laws)
• Energy Policy & Planning Office Thai Government Links (website directory of Thai government offices)

5. Miscellaneous Thai law Updates as of 2019

The following legislation has been either amended or enacted in Thailand since the original publication of this Thai law Summary:

• 2553 (No.3) (implementation date: November 11, 2010):
  • The Child Adoption Act regulates the rights and duties of persons who want to apply for the right to adopt a child in Thailand. There are changes in Section 5 and Section 34, as well as the new additions of Section 5/1, Section 18/, Section 21 (paragraph 2), Section 29 (paragraph 2), Section 31/1, Section 34/1, and Section 38/1, all of which concern how to adopt children in Thailand. If persons want to adopt children, they must prepare the necessary items that are regulated in the law before the adoption can take place. Concurrently, the necessary items must be prepared for the children, as well, before adoption. Adoption in foreign countries will be acceptable under this law if that adoption is made in a participant country and under the law of that country.
• There are additional punishments for people who violate the National Education Act (No. 3) Act2553 (publication date: July 12, 2010).
  • There are changes in Section 37 of the law that separate the area of Education into two parts for management purposes: primary school and secondary school.
• National Culture Act, BE 2553 (publication date: Nov 4, 2010):
  • This Act regulates the duties of the National Culture Committee and National Culture Council when determining the qualifications of a national artist. This Act has been revised, as the previous Act was too antiquated and not relevant to the current time.
• Elderly Act (No. 2) Act 2553 (publication date: Sep 7, 2010):
  • There are small changes in Section 11(11) and Section 20(2) about consideration for monthly payments to the elderly, which state that monthly payments to provide support to the elderly should be paid and impartial. The considerations for this payment have to be stipulated in the law.
• National Health Act (No. 2) Act 2553 (publication date: March 24, 2010):
  • This recently promulgated Act concerns the rights of patients to get standard treatment under consideration for human rights.
• The Guarantor law was amended in the Civil and Commercial Code (amendment date: February 11, 2015):
  • This Act provides for a greater range of securitization options for lenders and debtors.