REVIEW OF LAW,
B.E. 2558 (2015)
BHUMIBOL ADULYADEJ, REX.
Given on the 25th Day of August B.E. 2558;
Being the 70th Year of the Present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is expedient to have mandatory procedure for review of law;
By virtue of section 22 of the Constitution of the Kingdom of Thailand (Interim), B.E. 2558 (2015) in conjunction with section 3/1 of the State Administration Act, B.E. 2534 (1991) as amended by the State Administration Act (No. 5), B.E. 2545 (2002), the King hereby issues the Royal Decree as follows:
Section 1. This Royal Decree is called the “Royal Decree on Review of Law, B.E. 2558”.
Section 2. This Royal Decree shall come into force as from the day following the date of its publication in the Government Gazette.
Section 3. This Royal Decree shall not apply to:
(1) law which is effective for specific period and that period has expired, e.g. an annual appropriation law etc.;
(2) law on Reorganization of State Ministries, Sub-Ministries and Departments;
(3) law which is applicable to specific circumstance and the execution of that law had completed, e.g. the law on promulgation of any Code, the law on expropriation of immovable property, the law on transferring of ownership of property, the law on Court’s jurisdiction, the law on establishment of Changwat, the law related to commemoration medal, bank note or Royal Thai Orders and Decorations, the law on military and police ranks, the law on academic title, the law on abbreviation of academic title, the law on academic standing etc.;
(4) law describing details of any academic standing, insignia, mark or uniform, e.g. the law on academic gown, the law on official mark, the law on official uniform etc.;
(5) other laws as determined by the Council of Ministers upon recommendation of the Law Reform Commission.
Section 4. In this Royal Decree:
“Law” means Organic Act, Act of Parliament, Code, Emergency Decree and rule under the law on administrative procedure;
“Portfolio Minister” means a Minister or a person holding any position whom prescribed by law that having charge and control of the execution of each law, including a person having power to issue any rule under the law on administrative procedure;
“Interested organization” means a juristic person in form of association, foundation or council established under the provisions of the Civil and Commercial Code or specific law which is affected by the provision of law;
“Law Reform Commission” means the Law Reform Commission under the law on Council of State.
Section 5. Subject to section 13, Portfolio Minister shall, in order to improve the provisions of law to be suitable, fair, lessen public burden and compatible with dynamic way of lives of people and rapid changing of technology, cause to have the review of law every five years as from the date that law comes into force or upon the occurrence of any of the following grounds:
(1) he deems appropriate to improve, revise or repeal law;
(2) he obtains written petition or recommendation of interested organization or general public and he deems such petition or recommendation is reasonable;
(3) he obtains recommendation of the Law Reform Commission;
(4) it appears to him that that law has not been enforced or executed for more than three years as from the date that law comes into force.
Section 6. The Prime Minister shall, in case of law without Portfolio Minister, perform the duties under this Royal Decree as Portfolio Minister of that law. In this regard, the Prime Minister may entrust one or many Ministers to act on his behalf.
Section 7. If there is a ground for review of law under section 5, the Portfolio Minister shall make it known to public and publish such ground in the information technology system. He shall also inform that ground to the Law Reform Commission for information.
During the law review process, the Portfolio Minister shall, if he obtains recommendation from any person or from the Law Reform Commission, take such recommendation into consideration.
Section 8. Upon the occurrence of the ground under section 5 (2), if the Portfolio Minister is of opinion that such petition or recommendation is unreasonable, he shall notify the person who lodges petition or gives recommendation altogether with his justification within ten days as from the date he is of that opinion. In the case where the person who lodges petition or gives recommendation does not agree with the Portfolio Minister, he may submit his petition or recommendation to the Law Reform Commission for consideration.
Section 9. Subject to section 10 paragraph one, Portfolio Minister shall, during the course of law review, take into account of any or all of the following matters as he deems appropriate:
(1) justification and necessity to have such law in current context;
(2) matter to be improved, revised or repealed for the compliance with the changing of national and global situation in term of economics, social, politics, public administrations, science and technology and environment so as to strengthen national competitiveness capability and to enhance sustainable development;
(3) matter to be improved, revised or repealed for the compliance with, or the implementation of, international obligations in which Thailand is bound under international law;
(4) matter to be improved, revised or repealed so as to lessen adverse effect to, or burden of, the public arising from that law;
(5) the supervision or control of activities under the law through committee or commission system, licensing and permission system, registration system or any other similarity shall be employed as necessity;
(6) efficient and effective one stop service;
(7) measure for prevention and suppression of corruption arising from the enforcement of that law;
(8) other matters which are capable to lessen unnecessary burden of the public in living or in practicing occupation, reduce inequality and provide better lives to the public.
Portfolio Minister shall, in the course of review under paragraph one, cause to have consultation with interested organization and individual stakeholder of that law. In this regard, public consultation may also be made.
Section 10. Upon the occurrence of the ground under section 5 (4), Portfolio Minister shall, within ninety days as from the date that law comes into force, propose the Council of Ministers to repeal that law. If he is of opinion that that law should not be repealed, he shall clarify the Council of Ministers the reason to have that law in existence and the reason why that law has not been enforced or executed as well as the definite time to enforce or execute that law.
In any case other than the case under paragraph one, Portfolio Minister shall propose law review report in accordance with the requirements under section 9 to the Council of Ministers for consideration within one hundred and eighty days as from the date the ground for review has occurred. The law review report with the proposal to improve, revise or repeal any matter shall be annexed with the draft law.
The Office of Secretary-General of the Council of Ministers shall inform the consideration result of the Council of Ministers under paragraph one and paragraph two to the Law Reform Commission for information and for the benefit of the preparation of annual report.
Section 11. Upon the occurrence of the ground under section 5, the Law Reform Commission may, upon request of Portfolio Minister, conduct review on his behalf. In this regard, the Law Reform Commission may request that Portfolio Minister to order the agency under his supervision which is responsible to that law to pay all expenses in doing so in amount as imposed by the Law Reform Commission. The disbursement and payment of such money shall be in accordance with the regulation of the Office of the Council of State on Law Reform Revolving Fund which is consented by the Ministry of Finance.
Once the law review under paragraph one is completed, the Law Reform Commission shall submit the law review report to Portfolio Minister and the Council of Ministers for further consideration.
Section 12. The Law Reform Commission shall prepare an annual report on the execution of this Royal Decree to the Council of Ministers and the National Legislative Assembly for information. If any Portfolio Minister fails to comply with this Royal Decree, it shall be recorded in such annual report.
Section 13. At the initial stage, all Portfolio Ministers shall order all related agencies to make a report on all laws which are under their responsibilities and shall then report such information to the Law Reform Commission within one year as from the date this Royal Decree comes into force in accordance with the form, procedure and period as imposed by the Law Reform Commission.
In the performance of duty under paragraph one, if many laws come into force exceeding five years as from this Royal Decree comes into force, the responsible agency under paragraph one shall inform the Law Reform Commission as to whether the review of each law shall be made in what year, but all shall be reviewed within five years as from the date this Royal Decree comes into force. If any law comes into force not exceeding five years as from the date this Royal Decree comes into force, that law shall be reviewed upon the completion of five years in which that law comes into force.
Upon receiving information under paragraph one, all Portfolio Ministers shall order the related agencies to prepare translation of all laws into working language of ASEAN and all translations shall be published via information technology system within two years as from the date this Royal Decree comes into force. The report on such execution shall be made to the Law Reform Commission at the completion thereof. In this regard, any individual shall access to such information without charge. Whenever any law is amended, the agency related thereto shall improve and publish the translation of that law without delay.
Section 14. The Prime Minister shall have charge and control of the execution of this Royal Decree.
General Prayut Chan-o-cha
(c)2015, Pakorn Nilprapunt, Full-time Law Councillor, Office of the Council of State of Thailand, email@example.com <personal copyright>
This Royal Decree is generally known as the “Sunset Law.” This is the concrete ex post evaluation of legislation as initiated by the Law Reform Commission.
Published in the Government Gazette, Vol. 132, part 86 Kor, dated 8th September B.E. 2558 (2015).
Thai for “Province.”
ASEAN working language is English.