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Contribution:

This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.





 

Amendments of University regulations as prescribed in Paragraph Two shall be approved by the Board of Committee with the exception of (8) (9) (10) (11) (12) (13) (14) and (15) that require the approval of University Council and shall be notified to the Board of Committee within thirty days after such approval.

Section 12. The Licensee shall
(1) Be the owner of the land used for the establishment of the Private University.
(2) Have the evidence, after receiving the license, to show the right of being able to transfer the ownership of the land to the Private University within the time limit as stated in Section 16 or
(3) Be the lessee of land of the government or its agencies with evidence, after receiving the license, to be able to transfer the lease of land to the Private University within the time limit as stated in Section 16.

The land in Paragraph One shall have the characteristic and area as prescribed in the Ministerial Regulations.

Section 13. After receiving the license, the Private University shall be a juristic person from the date of receipt of the license and the licensee shall be the representative of the Private University until the rector is appointed.

Section 14. Changing of the name or type of the Private University after receiving the license according to Section 13 must be approved in writing by the Minister through the advice of the Board of Committee.

Application for license and approval shall be in accordance with the criteria, regulations, procedures and conditions as prescribed in the Ministerial Regulations.

Section 15. Application for a license and its revocation, changing of name and type of Private University must be announced in the Royal Gazette.

Section 16. When the license has been granted in accordance with Section 13, the licensee must proceed as follows:
(1) In case the licensee is the ownership of land as stated in Section 12 (1), the licensee shall transfer that ownership free from any obligation to the Private University within 60 days from date of license. This limit can be extended in case of necessity with the permission of the Minister but shall not exceed 30 days.
(2) In case the licensee has the evidence as stated in Section 12 (2), the licensee shall transfer the ownership of land free from any obligation to the Private University within 90 days from date of license. This limit can be extended in case of necessity with the permission of the Minister but shall not exceed 60 days.
(3) In case the licensee is the lessee of land according to Section 12 (3), the licensee shall transfer the ownership of land free from any obligation to the Private University within 60 days from date of license. This limit can be extended in case of necessity with the permission of the Minister but shall not exceed 30 days.
(4) The Licensee must transfer money and assets that are capital other than land to the Private University within 60 days.

In case the Licensee fails to comply with (1) (2) (3) or (4), as the case may be, the Minister through the advice of the Board of Committee shall have the power to revoke the license.

Thai and American Attorneys 

Chaninat & Leeds a Bangkok based law firm with Thai and American Attorneys  specializing in contract and business law.

Section 17. The transfer of the ownership of land to the Private University in accordance with Section 16 (1) and (2) and the donation of non-movable assets to the Private University will be tax exempted. The transfer of non-movable assets to be published in the Government Gazette in accordance with The Revenue Code shall also be tax exempted from registration and legal fees for non-movable assets.

Section 18. Opening additional field of study other than those that have been approved in Section 11 shall be undertaken by the Private University through the approval of the University Council with notification to the Board of Committee within 30 days from date of approval.

Official opening and granting of approval for any field of study shall be in accordance with the criteria, procedures and conditions as prescribed by the Board of Committee.

Section 19. Internal systems of organization and administration shall be in accordance with rules and regulations of the University Council.

Section 20. The Private University may organize courses in any field of study outside its campus. The pattern, procedure, application for permission and approval shall comply with the criteria, procedures and stipulations as prescribed in the Ministerial Regulations.

Section 21. The name of the Private University shall be in Thai alphabets and must begin with the word “University”, “Institute” or “College” as the case may be.

In case the name of the Private University may be in foreign alphabets, it must be approved by the Minister with the advice of the Board of Committee.

Section 22. Any person not being a Private University under this Act shall not use the word “University”, “Institute”, or “College” or other foreign words having similar meaning with its name, seal, name plate, rules, regulations, letters, documents or other media relating to the undertaking of its business to make others believe it as a Private University under this Act.

Section 23. Activities of the Private University are not under the protection of Labor Law and Related Labor Law. However, employees of Private University must receive benefits and compensation not less than what is prescribed by the Labor Law coverage.

Employment protection and compensation coverage of employees of the Private University shall be in accordance with the Ministerial Regulations.

Chapter 2
Board of Committee

Section 24. The Board of Committee shall have the power and duties as follows:
(1) To consider the approval of the various matters which must be approved by the Board of Committee under this Act.
(2) To give comments and advice to the Minister on issuing the Ministerial Regulations and Announcements under this Act, and for other matters relating to the Private University.
(3) To certify academic curriculum in accordance with the standard prescribed by the Ministry.
(4) To give approval for the certification of academic standard and accreditation of the Private University in accordance with the academic standard prescribed by the University.
(5) To issue rules and regulations for the enforcement of this Act.
(6) To undertake other duties as prescribed in this Act or any other law to be the power and duty of the Board of Committee.

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