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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand

Thailand’s Notable
  Criminal Extradition

Guide for Tourists
  to Laws in Thailand

Neither Free nor Fair:
  Burma’s Sham Elections

Sex Laws in Thailand:
  Part 1

Renewable Energy
  in Thailand

Transsexuals and
  Thai Law

Foreign Mafia in


This article has been prepared with the kind assistance from of Chaninat & Leeds a Thailand law firm established in 1997. Chaninat & Leeds specializes in family and business law, land rights and acquisition, company registration, divorce cases and US immigration, including K1 visas for Thais.

Thailand Lawyer Blog:
 Thai Government to
  Review Post-2006
 Courts Order Thai
  Military to Cease
  Labeling Transsexuals
  as Mentally Ill
 Work Permit Law
  Changes in Thailand
 Bahamian Supreme Court
  Ruling Backs
  Prenuptial Agreement
  “The Neutron Bomb
  the Global Financial
 The Effects of the US
  Government’s Policies
  on Americans Living
 Chinese Assimilation
  in Thailand vs. Malaysia
 Illegal Wildlife
  Trafficking in Asia:
  Thailand as a Hub?
 Rabbi Enforcing
  Jewish Divorce Order
  Arrested by FBI
 U.S. Prenuptial
  Agreements in Thailand:
  Why Thai Law is
 US Immigration in
 Abortion and Family
  Planning Law in
  the Philippines
 U.S. Courts and the
  Application of Foreign
  Law to International
  Prenuptial Agreements
 Thailand Blasted by 2011
  Human Trafficking Report
 US Expats on Alert:
  New US Tax Law
  Extends IRS’s Reach
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up

Section 74. Where a civil servant who has conducted himself/herself ethically and adhered to disciplinary rules, and has performed official functions efficiently and achieved the desired result-based outcome in State’s tasks, the supervising official may consider a salary increase as appropriate in such case as provided by CSC Regulation, and may also grant other rewards which may be a commendation, mark of distinction or prize.

Section 75. Further studies, training, work visits or research activities carried out domestically or in a foreign country of a civil servant shall be in accordance with the rules, procedures and conditions prescribed by the CSC.

Section 76. A supervising official shall be under a duty to evaluate the performance of official functions of those under his/her charge as part of the considerations for appointment and salary increase, in accordance with the rules and procedures prescribed by the CSC.

Evaluation results under paragraph one shall also be applied for the purpose of developing and enhancing efficiencies in the performance of official functions.

Section 77. Where a civil servant dies as a result of performing official functions, the supervising official shall consider the salary increase of such person as a special case for the benefit of gratuity and pension calculations, or to grant other benefits as provided by rules prescribed by the Council of Ministers.

Chapter 5
Upholding the Ethics of Officials

Section 78. A civil servant must uphold the ethics of officials as prescribed by the government agency with the objective of achieving good officials who exhibit honor and dignity as officials, in particular with respect to the following matters:
(1) adherence and relentless insistence on taking the correct action;
(2) honesty and responsibility;
(3) transparent and accountable performance of duties;
(4) performance of duties without any unfair discrimination;
(5) result-based determination.

A government agency shall prescribe rules on ethics of officials in accordance with the work descriptions in such government agency pursuant to technical principles and professional ethics.

When prescribing rules on ethics of officials under paragraph two, a hearing shall be held for officials and the rules shall be published for public notice.

Section 79. Where a civil servant fails to comply with the ethics of officials which does not constitute a breach of discipline, the supervising official shall issue a warning, apply the matter to considerations for appointment, salary increase or to order such official to take development.

Chapter 6
Discipline and Maintenance of Discipline

Section 80. A civil servant must at all times strictly maintain discipline by carrying out acts and refraining from acts as provided in this Chapter.

A civil servant performing official functions in a foreign country, in addition to maintaining discipline as provided in this Chapter, must also maintain discipline by carrying out acts and refraining from acts as prescribed by CSC Regulation.

Section 81. A civil servant must in good faith support the democratic form of government with the King as Head of State.

Section 82. A civil servant must act in accordance with the following directives:
(1) to perform official duties faithfully, honestly and fairly;
(2) to perform official duties in accordance with laws, regulations, rules of official authorities, Council of Ministers resolutions, government policies and act in accordance with the regulatory framework of official authorities;
(3) to perform official duties with a view to obtaining desirable results and in advancement of the government service with determination, diligence, attention and an awareness to preserve the interests of official authorities;
(4) to act in compliance with orders of supervising officials made in the course of official duties in accordance with the law and regulations of official authorities, and to not disobey or avoid compliance with such orders; however, if the civil servant finds that compliance with such order will cause detriment to the government service, or will not be a preservation of the interests of official authorities, a written opinion must be immediately submitted to the supervising official to review such an order; upon submission of the opinion, if the supervising official confirms that the original order should be complied with, the subordinate official must comply;
(5) to devote one’s time to the government service, and not leave or neglect official duties;
(6) to preserve official secrets;
(7) to be courteous, preserve harmony and cooperate with other officials and colleagues in the performance of official functions;
(8) to be hospitable, accommodating, fair and supportive to members of the public who comes into contact with respect to one’s duties;
(9) to be politically impartial in the performance of official duties and in other undertakings which involve the public, as well as to act in accordance with regulations of official authorities on political conduct of officials;
(10) to preserve one’s reputation and to preserve the dignity of one’s official position from any discredit;
(11) to perform other acts prescribed by CSC Regulation.

Section 83. A civil servant must not commit any of the following prohibitions:
(1) to not make false reports to the supervising official; the concealment of facts that should be disclosed shall also be deemed as a false report;
(2) to not perform official functions which amounts to bypassing one’s superior official, except where one’s superior official has ordered the act or special permission has been given on a case-by-case basis;
(3) to not use or consent to other’s use of one’s official position for the exploitation of gains for oneself or others;
(4) to not act negligently in the discharge of official duties;
(5) to not commit acts or consent to other’s commission of acts in seeking gains which may prejudice fairness or be detrimental to the honour of one’s official position;
(6) to not be a managing director or manager or hold any other position entailing a similar nature of work in a partnership or a company;
(7) to not commit any act which amounts to an abuse, oppression or intimidation of others in the performance of official functions;
(8) to not commit acts which amount to a sexual violation or harassment as prescribed by CSC Regulation;
(9) to not insult, disparage, oppress or intimidate members of the public in contact with officials,
(10) to not commit any other act as prescribed by CSC Regulation.

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