Translation
ROYAL DECREE
ON
REVIEW OF LAW,
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.[2]
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[3],
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[4] 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.
Countersigned
by:
General Prayut Chan-o-cha
Prime Minister
(c)2015, Pakorn Nilprapunt, Full-time Law Councillor, Office of the Council of State of Thailand, pakorn.nilprapunt@gmail.com <personal copyright>
[1]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.
[2]Published
in the Government Gazette, Vol. 132, part 86 Kor, dated 8th September
B.E. 2558 (2015).
[3]Thai for “Province.”
[4]ASEAN working
language is English.
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