2 April 2013

Unofficial Translation-
Private University Act, B.E. 2546 (2003)
BHUMIBHOL ADULYADEJ REX
Given on the 13h day of October B.E. 2546 (A.D. 2003)
Being the 58th year of the Present Reign

His majesty King Bhumibhol Adulyadej has been graciously pleased to proclaim that:

Whereas it is deemed expedient to amend the laws relating to Private Institutions of Higher Education.

This Act includes certain provisions having implications on restrictions of a person’s rights and liberties in which Sections 29 in addition to Sections 31 Section 35 Section 48 and Section 50 of the Constitutions of the Royal Kingdom of Thailand authorize such restrictions by virtue of the provisions as specified by laws.

Be it, therefore, enacted by His majesty with the advice and consent of the National Assembly, as follows:
Section 1. This Act shall be called the “Private University Act, B.E. 2546 (2003)”

Section 2. This Act shall be in force on the day following the date of its publication in the Government Gazette.

Section 3. The following acts shall be repealed
(1) Private University Act B.E. 2522 (1979)
(2) Private University Act (No. 2) B.E. 2535 (1992)

Section 4. .A Private University established under the Private University Act B.E. 2522 shall be a Private University under this Act and shall remain its status as a juristic person.

Section 5. In this Act:
“Private University” means private place of education that provides education at the university level to more than one person.

“Licensee” means a person who makes an investment for the establishment of Private University and who receives a license for the establishment of Private University as well as the transferee of the license for the establishment of Private University.

“License” means a license for the establishment of Private University.

“Board of Committee” means University Board of Committee as stipulated by National Education Act.

“University Council” means Private University Council.

“University Council Member” means Private University Council Member.

“Faculty” means professor, special professor, associate professor, special associate professor, assistant professor, special assistant professor, lecturer and special lecturer whose principal duty is to teach and conduct research in private university.

“Student” means a person who receives education in private university after passing the examination not lower than the basic higher school education according to the curriculum provided by the Ministry of Education or its equivalent or a person who is admitted into the university through the approval of the University Council in accordance with its prescribed regulations.

“Officials” means persons appointed by the Minister to execute this Act.

“Ministry” means Ministry of Education.

“Minister” means the Minister in charge of the execution of this Act.

Section 6. This Act shall apply to private institutions that given education at university level except the institutions established through the Treaty or Agreement between the Thai Government and the Specialized Agency of the United Nations.

Section 7. The Minister of the Ministry of Education shall be in charge of the execution of this Act and shall have the power to appoint officials to issue Ministerial Regulations and Announcements for of execution of this Act.
The Ministerial Regulations and Announcements shall come into force upon their publication in the Government Gazette.

Chapter 1
Establishment and Official Opening

Section 8. A Private University shall be an institution for study and research, having its objectives in promoting academic and advanced professional studies that include teaching and conducting research, providing education to society and sustaining arts and national culture.

Section 9. A Private University consists of three kinds as follows;
(1) University
(2) Institute
(3) College
The characteristics of a university, institute and college shall be in accordance with the provisions in the Ministerial Regulations.

Section 10. Establishment of a private university in accordance with Section 9 requires the license from the Minister through the advice of the Board of Committee.

Applications for a license to establish the Private University and the issue of such license shall be in accordance with the criteria, procedures or conditions as prescribed in the Ministerial Regulations.

Section 11. In applying for a license, the licensee shall submit a project proposal specifying its courses of instruction with the application.

Provisions of a Private University in Paragraph One shall have at least the following particulars:
(1) Name and Type.
(2) Objectives.
(3) Location and plan showing the area and buildings.
(4) Particulars of land as specified in Section 12.
(5) Capital of the Licensee with the expenditure project.
(6) The university seal, insignia, or symbol.
(7) University gowns and pins.
(8) Educational Management Project and principal equipment in educational management.
(9) Recruitment and Development project for executives, faculties and staff.
(10) Curriculum, teaching and educational evaluation.
(11) Rate of tuition, maintenance and other fees.
(12) The procedures for admission and dismissal of students.
(13) Student uniform and dress.
(14) Position descriptions, qualifications of executives, faculty and staff, scale of salary, remuneration, compensation, criteria for employment and termination and welfare of executives, faculties, tutors and staff.
(15) Others as specified in the Ministerial Regulations.

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