UPDATE: A Summary of the Thailand Law and Legal System

By Joe Leeds

Update by Joe Leeds and Chaninat Leeds

This summary of Thailand law was prepared by Joe Leeds and Chaninat Leeds. Joe Leeds is a managing partner of Chaninat & Leeds, a Thailand Law firm comprised of American and Thailand 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.

Published March/April 2020

(Previously updated in April 2011 and in November/December 2016)

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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 of the Thai legal system, such as the elimination of trial by ordeal, and the 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 to be 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 Thailand Law can be found on the Thailand Law Forum website. Thailand law is comprised of primarily statutory law and regulations promulgated by the various government ministries. Although Thailand law is a civil law country, Supreme Court opinions are recorded and published and form an important basis for the development of Thailand 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:

An organic law bill may be introduced only by:

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:

Bills introduced under the second or third condition that are money bills 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 my 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 with 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 into 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 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. 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 from 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 a majority 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 are divided into Civil Courts, Criminal Courts, Provincial Courts and Kwaeng Courts. The juvenile and family courts hear and adjudicate cases involving a 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 an administrative power under the law or a consequence of a 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 Constitution also provides for the following additional constitutional organs:

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

3. Substantive Areas of Thailand Law

3.1. Thailand Family Law

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

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 Section1435 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 30, 40, and 52, women and men have equal rights in Section 30 of the Thai Constitution. Women were granted the right to keep their maiden name after marriage by The Women's Title Act 2008, effective on June 4, 2008.

On August 1, 2015, Thailand enacted a Surrogacy Act that limits commercial surrogacy and sets ethical standards for the surrogacy process. Now, under Thailand Family Law, legal surrogacy requires a qualified couple and surrogate mother, as well as a doctor and medical facility authorized by the government to handle surrogacy procedures.

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, in an effort to further quell child abduction in Thailand, the Kingdom codified all of the major provisions of the Hague Treaty into its domestic law by passing the Thailand Child Abduction Act.

Abortion without medical necessity is illegal in Thailand pursuant to the criminal code sections 301-305. However, in recent years the law has broadened to include mental harm caused by an unwanted pregnancy as a lawful reason for an abortion. 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. Thailand Land Law

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, rules and regulations of the Ministry overseeing the Land Departments and 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.

3.2.1. Types of Title Deeds

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 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. Lessor real estate rights include agricultural deeds, (Sor Kor 1) rights of habitation usufructs, leases and possessory rights. Adverse Possession is recognized in Thailand after 10 years pursuant to the Civil and Commercial Code Section 1375.

Thailand land law generally prohibits foreign ownership of freehold land, although non-Thai citizens are permitted to enter into 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.

3.3. Intellectual Property Law

Intellectual property rights are governed by, inter alia, the Thailand Copyright Act B.E. 2537 (1994), 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), and 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. (Copyright Act (No. 3) 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.

The Kingdom of Thailand is a signatory of the Berne Convention for the Protection of Literary and Artistic Works (with certain reservations) and the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty, but 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 into the Madrid protocol allowing for simplified registration of international trademark 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 supervise 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. Penalties for violating foreigner ownership may be found in the Foreigner Business Acts.

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

In the Thailand criminal law, system judges preside over all cases and there are no jury trials. Thailand provides for protection of basic rights as enacted in the Constitution, including right to an attorney (for non-petty cases), rights against self-incrimination, rights to cross examine adverse witnesses as well as provide defendant witness.

The 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. Laws Relating to Foreigners

Financial institutions are regulated by, inter alia, Financial Institutions Businesses Act B.E. 2551 (2008), as amended, the Life Insurance Act B.E. 2535 (1992) and 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 Foreign Business Act B.E. 2542 (1999). Foreigner Employment Act is The Alien Working Act 2008 effective on February 13, 2008. The 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.

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 e.g. 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.

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, in the event that 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 into 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 into 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 Thailand 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 in the Thailand 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 into hundreds of international treaties and conventions. Treaties and Conventions are entered into by the Ministry of Foreign Affairs and then incorporated into Thailand domestic law by parliamentary approval and finally signed by the King. Some notable treaties are as follows:

Other nations that have Double Taxation Treaties with Thailand include 59 countries (as of May 2006), 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 on a regular basis and distributed to law libraries and private subscribers.

4.6. Primary Sources of Thailand 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 trasnalation of varous Thailand statutes, acts and important supreme court cases. Constitution (Council of State English translation available)

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 Thailand Law Forum website.

4.7. Treatises and Law Reviews

4.8. Other Internet Sources

5. Thailand Law Updates as of 2019

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