Chapter 9
Determination of Land Rights of Particular Types of Juristic Persons
 

Section 97. The following juristic persons shall be entitled to the same rights as the foreigners.

(1)⁶⁵ Limited companies or the public limited companies with registered shares held by foreigners more than forty nine percent of the registered capital or those in which foreign shareholders account for more than half of the total number of shareholders, as the case may be. For the purpose of this Chapter, any share certificate to bearer issued by the limited company shall be deemed as it is held by the foreigner.

(2)⁶⁶ Registered limited partnerships or the registered ordinary partnerships in which the foreigners invest their capital through shareholding greater than forty nine percent of the total capital or those in which foreign shareholders account for more than half of the total number of shareholders, as the case may be.

(3) Associations including the co-operatives in which the foreign members exceed one-half of the total number of members or those which operate particularly or mainly for the benefit of foreigners.

(4) Foundations with objectives focusing particularly or mainly on the benefit of foreigners.

(5)⁶⁷ (Repealed)

Section 98.⁶⁸ In a case where any juristic person as provided in Section 97 holds shares of or invest the capital through shareholding in other juristic person as implied under Section 97, such juristic person shall be deemed as a foreigner.

Section 99.⁶⁹ In case of the acquisition or disposal of land rights by the juristic persons under Section 97 or Section 98, the provisions of Section 8 shall apply mutatis mutandis and such juristic persons shall bear the same duties and liabilities as imposed upon other foreigners and ordinary people.

Section 100. In a case where the nature of any juristic person who has acquired the land at the time when its condition is not under the provisions of Section 97 and Section 98 is subsequently subject to the provisions thereof, the provisions of Section 95 shall apply mutatis mutandis.

Chapter 10
Trade in Land⁷⁰

Section 101. (Repealed)

Section 102. (Repealed)

Chapter 11
Fee

Section 103.⁷¹ In issuing the document of land rights, conducting survey, registering rights and juristic acts, or carrying out any activity in connection with the immovable property, the fees and other expenses shall be levied as prescribed in the Ministerial Regulations but shall not exceed the rates provided in the Schedule annexed to this Code.

In case of issuance of the Title Deed or the Utilization Certificate under Section 58, only the following fees shall be levied: fee for Title Deed issuance, fee for Utilization Certificate issuance, fee of land mark, and, if any, Power of Attorney fee, as the case may be. The land rights holder may obtain the Title Deed or the Utilization Certificate albeit the fee is not paid at the time and the competent officials shall record such amount of fee due to be paid in the Title Deed or the Utilization Certificate. In a case where the application for registration of rights and juristic acts is filed for the first time, the applicant shall be liable to pay such amount of outstanding fee unpaid.⁷²

In the issuance of the Title Deed under Section 58 ter., the fees and other expenses shall be exempted.⁷³

Section 103 bis.⁷⁴ The fee for registration of rights and juristic acts in connection with any immovable property donated for official use shall be exempted.

Section 104.⁷⁵ In case of filing for the registration of rights and juristic acts related to the transfer of ownership or tenancy or immovable property, the applicant shall pay the registration fee based on the appraisal capital value under Section 105 quinque.

In filing for the registration of rights and juristic acts related to any immovable property under other circumstances than that prescribed in paragraph one, the applicant shall pay the registration fee based on the amount truly declared by the applicant.

Section 105.⁷⁶ There shall be the Valuation Committee consisting of the Permanent Secretary of Interior as Chairman, the Director-General of the Department of Local Administration or the representative, the Director-General of the Revenue Department or the representative, the Director-General of the Department of Public Works and Town & Country Planning or the representative*, the Director-General of the Treasury Department or the representative*, the Director of the Fiscal Policy Office or the representative, and not more than four qualified persons appointed by the Minister as members, and the Director of the  Office of Property Valuation as member and secretary.

Section 105 bis.⁷⁷ The members appointed by the Minister shall hold office for a term of three years.

The member who vacates office upon the expiration of the term may be re-appointed.

Section 105 ter.⁷⁸ Apart from vacating office on the expiration of the term under Section 105 bis., the member appointed by the Minister shall vacate office upon:

(1) death;

(2) resignation;

(3) being removed by the Minister;

(4) being an incompetent or quasi-incompetent person or being a bankrupt;

(5) being sentenced to imprisonment by a final judgment or a lawful order except for an offence committed through negligence or a petty offense.

In case of vacating office prior to the expiration of the term, the Minister shall appoint a new person to be a member.

The member appointed under paragraph two shall hold office for the remaining term of the member being replaced.

Section 105 quarter.⁷⁹ At the meeting of the Valuation Committee, the presence of not less than one half of the total number of members is required to constitute a quorum.

If the Chairman is not present at the meeting, the members shall elect one among themselves to preside over the meeting.

A decision of a meeting shall be by a majority of votes. Each member shall have one vote. In case of an equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote.

Section 105 quinque.⁸⁰ The Valuation Committee shall have powers and duties as follows.

(1) To determine the rules and procedures for valuating and pricing the immovable properties for purpose of levy of fee for registering the right and juristic act under this Code.

(2) To approve the capital valuation and pricing proposed by the Provincial Sub-Committee to be used in levying the fee for registering the rights and juristic acts related to the immovable properties situated within the territories of such province.

(3) To consider any problematic matter in connection with the levy of fee of registration of rights and juristic acts as requested by the Department of Lands.

(4) To appoint a Sub-Committee to consider matters or perform tasks assigned by the Valuation Committee and report thereto.

(5) To perform other activities as prescribed in this Code or other laws.

Appraisal price of the capital as approved by the Valuation Committee under (2) shall be made known to the public and put up at the Provincial Land Office, the Branch Land Office, and the District Office or Amphoe Office or King-Amphoe Office.

Section 105 sex.⁸¹ In each province, there shall be the Provincial Sub-Committee consisting of the provincial Governor as Chairman, the Deputy Governor, the Head of Provincial Revenue Office, and not more than three qualified persons appointed by the Valuation Committee as members, and the Head of Provincial Treasury Office* as member and secretary.

The Sub-Committee of Bangkok Metropolitan Administration shall consist of the Permanent Secretary of Bangkok Metropolitan Administration as Chairman, the representative of the Department of Provincial Administration, the representative of the Department of Revenue, the land officer of Bangkok Metropolitan Administration, and not more than three qualified persons appointed by the Valuation Committee as members, and the Director of the Office of Property Valuation as member and secretary

Section 105 bis., Section 105 ter., Section 105 quarter. shall apply to the Provincial Sub-Committee mutatis mutandis.

Section 105 septem.⁸² The Provincial Sub-Committee shall have duties to consider and determine the appraisal price of capital to be used in levying the fee for registration of rights and juristic acts related to the immovable properties situated within the territories of its province. The appraisal price of capital is to be subsequently proposed to the Valuation Committee for approval.

Section 105 octo.⁸³ If, after the appraisal capital price determined by any particular province has been made known to the public, there subsequently appears, in such province, the considerable discrepancy between the market price of immovable properties and the aforesaid appraisal price thereof, the Provincial Sub-Committee shall consider adjusting the appraisal capital price for its locality and propose the adjusted price to the Valuation Committee for approval without delay.

Section 106.⁸⁴ (Repealed)

Chapter 12
Penalties

Section 107.⁸⁵ Any person fails to accompany, or to appoint his/her representative to accompany, the competent officials to conduct the cadastral survey or the examination and verification of use of his/her land under Section 58 or Section 69 or violates or fails to comply with Section 26 or Section 70 shall be liable to a fine not exceeding five hundred Baht.

Section 108.⁸⁶ Any person violates Section 9 prior to the enforcement date of this Announcement of the Revolutionary Council, the competent official or the person authorized thereby shall notify the said person in writing requesting his/her compliance with the rules determined by the Committee. If the aforesaid person neglects and fails to comply with the said rules, the competent officials shall instruct such person in writing to vacate the land and/or demolish any structure or building that has been erected on the land within the designated time period. In case of failure to comply with the said instruction of the competent officials, the person in violation thereof shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding five thousand Baht or both.

In determining the rules under paragraph one, the Committee may require the person in violation thereof to pay compensation for using the land to the State or the local administrative organization.

Section 108 bis.⁸⁷ On and from the enforcement date of the Announcement of Revolutionary Council, any person violates Section 9 shall be liable to the imprisonment for a term not exceeding one year or a fine not exceeding five thousand Baht or both.

If the offense under paragraph one is committed unto the domaine public of State for the common use of people or for special use of the State, the person committing such offense shall be liable to imprisonment for a term not exceeding three years or a fine not exceeding ten thousands Baht or both.

If the offense under paragraph two is committed unto the land larger than fifty rais, the person committing such offense shall be liable to imprisonment for a term not exceeding five years or a fine not exceeding twenty thousands Baht or both.

In a case where any person is convicted under this Section, the Court may order, upon the judgment, the convict, the labors, the contractors, the representatives, and the dependents thereof to vacate the land.

Any equipment and tools, beast of burden, vehicle, or machinery which is used in the commission of offense or used as a tool to obtain the results in connection with the offense shall be confiscated regardless of whether there is any person to be convicted by the Court’s judgment.

Section 108 ter.⁸⁸ Any person obstructing or denying to facilitate the competent officials in discharging their duties under Section 66 shall be liable to a fine not exceeding one thousand Baht.

Section 109. Any person who violates or fails to comply with Section 38, Section 67, or Section 75 shall be liable to a fine not exceeding two thousands Baht or imprisonment for a term not exceeding three months or both.

Section 110. Any person who violates or fails to comply with Section 89 shall be liable to a fine not exceeding three thousands Baht or imprisonment for a term not exceeding six months or both.

Section 111.⁸⁹ Any person who violates or fails to comply with Section 86 shall be liable to a fine not exceeding twenty thousands Baht or imprisonment for a term not exceeding two years or both.

Section 112. Any juristic person:

(1) acquires land in violation of the provisions of this Code;

(2) uses land for other purposes than that permitted;

(3) uses land contrary to the conditions prescribed by the Council of Ministers under Section 99, in conjunction with paragraph two of Section 87;

(4) fails to notify of non-use of land as provided in Section 99 in conjunction with Section 89; or

(5)⁹⁰ (Repealed)

Shall be liable to a fine not exceeding fifty thousands Baht.

Section 113. Any person acquiring the land on behalf of the foreigner or the juristic person under Section 97 or Section 98 shall be liable to a fine not exceeding twenty thousands Baht or imprisonment for a term not exceeding two years or both.

Schedule of Fees and Expenses Annexed to the Land Code⁹¹
 

2. Concession fee; per rai                                                                      20      Baht

    The fraction of one rai shall be treated, for the purpose of calculation, as one rai.

3. Fee for issuance of the Utilization Certificate

   (1) If area not exceeding 20 rais; per parcel                                        30      Baht
   (2) For the excess of 20 rais; per parcel of the excess                           2      Baht

   The fraction of one rai shall be treated, for the purpose of calculation, as one rai.

4. Fee for examination and verification of the land or examination of its area in connection with      the Utilization Certificate

   (1) On parcel basis; per parcel                                                            30      Baht
   (2) On daily basis; per day                                                                  30      Baht
   (3) Making a copy or reproduction of map; per parcel                         30      Baht    
   (4) Land area calculation or land survey (Sob Sae); per parcel             30      Baht
   (5) Land measurement; per parcel                                                       10      Baht

5. Fee for issuance of the Title Deed

  (1) If area not exceeding 20 rais; per parcel                                          50      Baht
  (2) For the excess of 20 rais; per parcel of the excess                             2      Baht

   The fraction of one rai shall be treated, for the purpose of calculation, as one rai.

6. Fee for survey conducted for purpose related to the Title Deed

   (1) On parcel basis; per parcel                                                             40      Baht
   (2) On daily basis; per day                                                                   40      Baht
   (3) Making a copy or reproduction of map; per parcel                          30      Baht    
   (4) Land area calculation or land survey (Sob Sae); per parcel              30      Baht
   (5) Land measurement; per parcel                                                        10      Baht

7. ⁹²Fee for registration of rights and juristic acts

   (1) In case of availability of capital, it shall be levied at the rate of 2 percent of the appraisal price of capital for the registration of rights and juristic acts related to a transfer of right or tenancy of land or immovable property. In other cases, it shall be 2 percent of the amount of capital truly declared by the applicant

The fraction of a hundred shall be treated as one hundred.

   (2) No capital; per parcel                                                                  1,000   Baht

8. Fee of application for land acquisition by foreigners; per application     500   Baht
    Permission fee                                                                                    100   Baht

The fraction of one rai shall be treated as one rai.

9.⁹³ (Repealed)  

10. Miscellaneous fees
   (1) Application fee                                                                                 5    Baht    
   (2) Fee for making copy of document, including documentary exhibit copied by the officer
        For the first one hundred words or less than a hundred words        100   Baht    
        For another hundred words following the first                                    5   Baht
        The fraction of a hundred shall be treated as a hundred words.
   (3) Fee for certifying the copied document; per copy                              10  Baht
   (4) Fee for inspecting land register; per parcel                                        10  Baht
   (5) Fee for land attachment; per parcel                                                  10  Baht    
   (6) Power of Attorney fee; per subject                                                   20  Baht
   (7) Fee for issuing substitution of Title Deed or other types of document of rights;
         per copy                                                                                         50  Baht
   (8) Notice or announcement fee; per parcel                                           10  Baht    
   (9) Land mark fee in case of field survey or examining a whole sub-district;
         per mark                                                                                         15  Baht
         For purpose of issuance of Title Deed; per parcel                             60  Baht
   (10)⁹⁴ Fee for examining record of survey, land register, valuation, or other information;
         per occasion                                                                                   100  Baht
   (11)⁹⁵ Fee for making copy from computerized database or other types of electronic          media, or  making copy of other records; per page                            50  Baht    

11. ⁹⁶ Expenses
    (1) Traveling expense for public officers,                             Fixed amount of payment in
          competent officials, and labors hired to                         accordance with the rules of
          conduct a survey for Title Deed issuance                      the Ministry of Interior with
          or land examination and verification or examination       consent of the Ministry of
          of its area in connection with the Utilization                   Finance
         Certificate as requested.
   (2)  Allowance for public officers,                                        Fixed amount of payment in
          competent officials, and labors hired to                          accordance with the rules of
          conduct a survey for Title Deed issuance                       the Ministry of Interior with
          or land examination and verification or examination        consent of the Ministry of
          of its area in connection with the Utilization                    Finance
         Certificate as requested.
   (3) Commission for public officers governing the
         locality or the representative who conducts a
         survey for Title Deed issuance or and examination
         and verification or examination of its area in connection
         with the Utilization Certificate; per person per day           100     Baht
   (4) Other expenses related to the survey for                          Fixed amount of payment in
        Title Deed issuance or land examination and                     accordance with the rules of
         verification or examination of its area in                            the Ministry of Interior with
         connection with the Utilization Certificate                         consent of the Ministry of
                                                                                                Finance
   (5) Notice or announcement fee paid to the person
         putting up the notice                                                        20            Baht
   (6) Witness’s fee; per person                                                20            Baht

Schedule of Remuneration Annexed to the Land Code⁹⁷
 

Permission fee
(1) Under Section 9(1); per rai                                                               1,000 Baht per year
(2) Under Section 9(2) or Section 9(3)
            (a) Sand digging or sucking; per cubic meter                                    28 Baht
            (b) Earth or laterite digging or others; per rai                             10,000 Baht per year                    or per cubic meter                                                                      10 Baht

Remarks :- The reasons for the promulgation of this Act and the Land Code are as follows: Due to the fact that there are several laws on land being in enforcement and application at present, it is deemed expedient to compile and make improvement of these laws so as to assist the State in allocating the land to the greater extent for the benefit of the State and people.

Announcement of the Revolutionary Council, No. 49, dated 13th January B.E. 2502 (1959)⁹⁸
Announcement of the Revolutionary Council, No. 96, dated 29th February B.E. 2515 (1972)⁹⁹
Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515 (1972)¹⁰⁰
Act Amending the Land Code, B.E. 2520 (1977)¹⁰¹

Remarks :- The reasons for the promulgation of this Act are as follows: Whereas the provisions of the law that prescribes the handling of survey to verify the boundaries as per Title Deed and the survey to divide land into parcels are not suitable; both types of survey are not possible to proceed if the person with rights in the land adjoining to that surveyed does not completely certify the boundaries of the land under survey. To solve this problem, it is advisable to amend the rules in connection with the survey conducted to verify the boundaries as per Title Deed and the survey to divide land into parcels. It is therefore necessary to enact this Act.

Announcement of the Revolutionary Council, No. 16, dated 7th November B.E. 2520 (1977)¹⁰²
Act Amending the Land Code (No. 2), B.E. 2521 (1978)¹⁰³

Remarks :- The reasons for the promulgation of this Act are as follows: Whereas the restriction on the transfer of land rights under the Land Code is insufficient and certain provisions thereof is not suitable for application, such circumstances impede the officials in performing their duties to serve people. Amendment is, as a result, advisable. In addition, the rates of fees and expenses as annexed to the Land Code should be adjusted to correspond with the present situation. It is therefore necessary to enact this Act.

Act Amending the Land Code (No. 3), B.E. 2526 (1983)¹⁰⁴

Remarks :- The reasons for the promulgation of this Act are as follows: It is considered expedient to assign powers and duties of land improvement under the Land Code to the Land Development Committee and the Land Development Department under the law on land development whereas such assigned powers and duties shall govern the following domains: the survey, classification, and preparation of the census of land in order to gain knowledge of the land fertility and suitability for the agricultural utilization of land, the land utilization planning, the land development, the designation of land for certain purposes, and determining a proper measure to reserve soil and water. It is therefore necessary to enact this Act.

Act Amending the Land Code (No. 4), B.E. 2528 (1985)¹⁰⁵

Section 19. The execution of the Land Code which is under the powers and duties of the District Chief Officers, the Amphoe Chief Officers, or the Minor District Chief Officers prior to the enforcement date of this Act shall continue until the annulment thereof is published in the Government Gazette by the Minister.

Section 20. The Minister of Interior shall have charge and control of the execution of this Act.

Remarks :- The reasons for the promulgation of this Act are as follows: It is considered expedient to make modification and improvement, by means of amending the relevant provisions, in relation to the issuance of the documents of land rights and the registration of rights and juristic acts in connection with immovable properties by consolidating powers and duties related to the said issuance and registration which has been formerly assigned to the provincial Governor, the District Chief Officer, the Amphoe Chief Officers, or the Minor District Chief Officers and re-assigning such powers and duties to the land officers only so that the unity in managing land-related work and convenience of people is accomplished. Concurrently, there shall be the amendment of some provisions of the Land Code which impede the work execution by the Department of Lands so that such execution is carried out smoothly. In addition, the provisions related to the issuance of the Title Deed for the land with the Utilization Certificate by using the aerial photo map are specifically added due to the policy of the State in accelerating the issuance of the Title Deed for the benefit of people. It is therefore necessary to enact this Act.

Act Amending the Land Code (No. 5), B.E. 2534 (1991)¹⁰⁶

Section 7. The Committee of Capital Appraisal for Registration of Rights and Juristic Acts, and the Provincial Sub-Committee that have been in office on the enforcement date of this Act shall perform their duties until the subsequent appointment of the new Valuation Committee and Provincial Sub-Committee is held under Section 105 and Section 105 sex. of the Land Code amended by this Act.

Section 8. While the appraisal price of capital is not made known publicly in any province or locality as provided in Section 105 quinque., the fee for registration of rights and juristic acts shall be levied based on the amount of capital that has been determined by the relevant Provincial Sub-Committee prior to the enforcement date of this Act whereas the said amount is deemed to be the appraisal price under Section 105 quinque.

Section 9. The application of registration of rights and juristic acts that has been filed prior to the enforcement date of this Act and is in the process of consideration by the competent officials, the Provincial Sub-Committee, or the Committee of Capital Appraisal for Registration of Rights and Juristic Acts, the fee for registration of rights and juristic acts shall be levied based on the appraisal price of capital under Section 105 quinque. of the Land Code or Section 8 of this Act, as the case may be.

Section 10. While the Valuation Committee has not determined the rules and procedures for appraising and valuating the capital, the rules of the Ministry of Interior in relation the valuation of capital in the registration of rights and juristic acts in connection with land, B.E. 2530 (1987) shall apply mutatis mutandis to the extent that it is not contrary to or inconsistent with the provisions of the Land Code that is amended by this Act.

Section 11. The Minister of Interior shall have charge and control of the execution of this Act.

Remarks:- The reasons of the promulgation of this Act are as follows: It is considered expedient to modify and improve the provisions governing the levy of fee for registration of rights and juristic acts under the Land Code for purpose of applicants’ convenience and expedition by changing the fee calculation method which has been formerly based on the amount of capital of the immovable property applied for registration that has been assessed by the competent officials to the appraisal price determined and announced by official authority. In addition, it is advisable to revise the components as well as powers and duties of the Valuation Committee and the Provincial Sub-Committee to be more comprehensible and suitable. It is therefore necessary to enact this Act.

Act Amending the Land Code (No. 6), B.E. 2535 (1992)¹⁰⁷

Remarks:- The reasons of the promulgation of this Act are as follows: Regarding the provisions of the Land Code in relation the juristic person who is entitled to the same land rights as the foreigner, the problem occurs when there is a question whether the capital that the foreigners invest in the limited company or the partnership holding a status of juristic person shall include the capital of foreigners that is invested in other juristic persons who hold shares therein or not. To solve this problem, the provisions in relation to the said juristic person should be amended and clearly defined. In addition, the same conditions shall apply to the public limited companies under the law on public limited companies and Section 98 shall be amended to correspond with the aforesaid amendment thereof. It is therefore necessary to enact this Act.

Act Amending the Land Code (No. 7), B.E. 2541 (1998)¹⁰⁸

Remarks:- The reasons of the promulgation of this Act are as follows: Whereas the schedule of fees and expenses annexed to the Land Code and the schedule of remuneration annexed to the Land Code have been used for such a long time that they become irrelevant to the changing economic situation, it is deemed expedient to amend the section of expenses in the schedule of fees and expenses annexed to the Land Code as well as the schedule of remuneration annexed to the Land Code. It is therefore necessary to enact this Act.

Act Amending the Land Code (No. 8), B.E. 2542 (1999)¹⁰⁹

Remarks:- The reasons of the promulgation of this Act are as follows: It is considered expedient to allow the foreigners who invest their money in the significant businesses that economically and socially benefit the country to be able to acquire the certain amount of land for residential purpose as prescribed by the law. The acquisition of land by foreigners is to facilitate foreigners who engage in the business operated in the Kingdom, being a supporting factor in deciding to invest their capital, increasing the purchasing power in the real estate business sector which is presently in the sluggish condition; this is one of the measures to rehabilitate the country’s overall economic situation. It is therefore necessary to enact this Act.

Act Amending the Land Code (No. 9), B.E. 2543 (2000)¹¹⁰

Section 9. The examination in relation to the issuance of the Title Deed or the Utilization Certificate or the registration of rights and juristic acts in connection with immovable property or making records of register of immovable properties under paragraph two of Section 61 of the Land Code amended by the Act Amending the Land Code (No. 4), B.E. 2528 (1985) that has been carried out prior to enforcement date of this Act shall be the examination under Section 61 of the Land Code amended by this Act.

With respect to the examination under paragraph one that is in the process of consideration of the provincial Governor, the provincial Governor shall submit the file of examination thereof to the Director-General within thirty days from the enforcement date of this Act.

Section 10. The Minister of Interior shall have charge and control of the execution of this Act.

Remarks:- The reasons of the promulgation of this Act are as follows: It is considered expedient to amend the provisions in relation to the person authorized to order the revocation or the correction of the Title Deed or the Utilization Certificate to the effect that only the Director-General or the Deputy Director-General authorized thereby shall have powers and duties to order the revocation or the correction thereof in order to accelerate the process of revocation or correction. In addition, it is advisable to revise the provisions related to the registration of the immovable properties devolved by succession, the attachment of land, the levy of fee for registration of rights and juristic acts, and the schedule of fees and expenses annexed to the Land Code. It is therefore necessary to enact this Act.

*Royal Decree amending the provisions to be in line with the transfer of duties borne by the government units shall be in accordance with the Act amending the Ministry, the Sub-Ministry, and the Department, B.E. 2545 (2002).¹¹¹

Section 4. In the Land Code:

(1) in Section 14, the “Minister of Interior” shall be amended to the “Minister of Natural Resources and Environment”, the “Director-General of the Department of Public Welfare” shall be amended to the “Director-General of the Department of Social Development and Welfare”, and the “Director-General of the Department of Lands” shall be amended to the “Director of the Office of Natural Resources and Environmental Policy and Planning”;

(2) in Section 105, the “Director-General of the Department of Lands or the representative” shall be amended to the “Director-General of the Treasury Department or the representative”, and the “Director-General of the Public Works Department” shall be amended to the “Director-General of the Department of Public Works and Town & Country Planning”;

(3) in Section 105 sex., the “provincial land officers” shall be amended to the “head of provincial treasury officers”.

Remarks:- The reasons of the promulgation of this Royal Decree are as follows: Whereas the Act Amending the Ministry, the Sub-Ministry, and the Department, B.E. 2545(2002) provides for the establishment of the new government units bearing new responsibilities and tasks and the Royal Decree has been enacted to provide for the proceeding of the transfer of the administration as well as powers and duties of the government units in accordance with the aforesaid Act Amending the Ministry, the Sub-Ministry, and the Department which prescribes that the powers and duties of the former government units, the Ministers, the persons holding office, and other persons performing duties of the former units shall be conveyed to the new government units with amendment of certain provisions made in line with the conveyed powers and duties, it is therefore, for purpose of implementation in accordance with the doctrines of the said Act and the Royal Decree, expedient to amend certain provisions as such. In addition, for purpose of convenience in implementing the law without the need to search into the law on transfer of powers and duties to check which unit or person is responsible for which duty, certain provisions thereof are amended to provide for the change of names of the government units, the Ministers, the persons holding office, or the persons performing duties of the government units to correspond with the change of powers and duties. Furthermore, there shall be an addition of the government units’ representatives into the Committee so as to be in line with the tasks that have been transferred from the former units which are consequentially to be abolished in accordance with the aforesaid Act and Royal Decree. It is therefore necessary to enact this Royal Decree.
Act Amending the Land Code (No. 10), B.E. 2550 (2007)¹¹²

Remarks:- The reasons of the promulgation of this Act are as follows: Whereas the support for the technology information system that is adopted to facilitate the registration of rights and juristic acts is required, it is expedient to amend the provisions in relation to the record making of the Title Deed and the Utilization Certificate allowing the use of the technology information system in making and keeping record thereof. In addition, there shall be the amended provision conferring power on the land officers, with assistance of the said system, to register the rights and juristic acts related to the immovable properties that are situated in the district of the relevant Provincial Land Office or other Provincial Land Offices for purposes of convenience and acceleration of service rendered to people. It is therefore necessary to enact this Act.

Act Amending the Land Code (No. 11), B.E. 2551 (2008)¹¹³

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette except for Section 3, Section 6, and Section 7 which shall come into force after ninety days following the date of its publication in the Government Gazette.

Section 7. Any person granted permission under Section 9 of the Land Code prior to the enforcement date of this Act shall pay the remuneration in accordance with Section 9 bis. of the Land Code amended by the Announcement of the Revolutionary Council, No. 334, dated 13th December B.E. 2515(1972) until the expiration of such permission.

Section 8. Any person possessing and making use of land prior to the enforcement date of this Land Code with the evidence of his/her claim for land possession, and failing to file the application for the issuance of the Title Deed or the Utilization Certificate shall file the application for the issuance thereof together with the aforesaid evidence with the competent officials within two years from the enforcement date of this Act.

Upon the entry of the application together with the evidence of claim therefor under paragraph one, the competent officials shall proceed the issuance of the Title Deed or the Utilization Certificate in accordance with the Land Code.

Upon the expiration of the designated time period under paragraph one, the competent officials may, if the aforesaid evidence is presented to the competent officials for purpose of the issuance of the Title Deed or the Utilization Certificate, issue the Title Deed or the Utilization Certificate only upon the Court of Justice’s final judgment or order confirming that the person presenting the evidence has lawfully possessed and utilized the land prior to the enforcement date of the Land Code.

During the court proceedings under paragraph three, the Court shall notify the Department of Lands and the Department of Lands shall examine and verify the evidence with the earliest aerial photo map or the aerial photograph officially prepared and shall make and submit, for the Court’s consideration, a statement of opinion advising whether such person has lawfully possessed or utilized the land prior the enforcement date of the Land Code. The submission of the said statement of opinion to the Court shall be within a hundred and eighty days after the receipt of the Court’s notice unless the time is extended otherwise by the Court.

For the purpose of this Section, any person possessing the land under paragraph one shall include the person who possesses and makes use of land in continuation thereof.

Section 9. The Director-General of the Department of Lands shall, within two years as from the enforcement date of this Act, examine and verify the evidence of claim for the land possession and the location of the land as per the actual evidence thereof with the register of land possession and the map or the aerial photo map or the aerial photograph to confirm whether the Title Deed or the Utilization Certificate has already been issued for the said land or not. If, after examination, the Title Deed or the Utilization Certificate is found issued to any land parcel, the evidence of claim for land possession shall be disposed of.

Section 10. The Minister of Interior shall have charge and control of the execution of this Act.

Remarks:- The reasons of the promulgation of this Act are as follows: It is considered expedient to amend the following provisions:- first, the provisions that provides for the determination and the levy of remuneration by the Provincial Administrative Organizations under Section 9 bis; second, the provisions prescribing the rules and procedures of the issuance of the Title Deed or the Utilization Certificate under the Land Code; and, third, the provisions in relation to the person with powers and duties to order the revocation or correction of the Title Deed or the Utilization Certificate, or the registration of rights and juristic acts related to the immovable property, or the record of the registered immovable properties that is made inaccurately or unlawfully. It is, in addition, expedient to add the provisions conferring powers in determining and levying the remuneration to the Municipalities, the Sub-District Administrative Organization, the Bangkok Metropolitan Administration, the City of Pattaya, or other Local Government Organizations that are governed by the law on land allocation under Section 9 in order to distribute income to the local government units. The rules and procedures of issuance of the Title Deed or the Utilization Certificate shall be revised and improved by developing a measure to encourage any person with evidence of his/her claim for land possession to apply for the issuance of the Title Deed or the Utilization Certificate. There shall be, furthermore, an amendment to vest power to order the revocation or correction under Section 61 in the Director-General of the Department of Lands or either Deputy Director-General or the Inspector of the Department of Lands authorized thereby so as to accelerate the issuance thereof and to conform to the principle of the government system reform which focuses on the devolution of responsibilities and powers in making decisions. It is therefore necessary to enact this Act.

Act Amending the Land Code (No. 12), B.E. 2551 (2008)¹¹⁴

Remarks:- The reasons of the promulgation of this Act are as follows: Whereas the rationale of the provisions on the trade in land under the Land Code is toward the exemption of restriction on the land tenure and prevention of the avoidance of land rights determination, and the provisions on the restriction on land tenancy has been repealed by the Announcement of the Revolutionary Council, No. 49, dated 13th January B.E. 2502(1959) while the provisions on the trade in land which correlate therewith has not been amended, and there is a law on land allocation governing the land trading activities, it is expedient to repeal the provisions on the trade in land. It is therefore necessary to enact this Act.

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65. Section 97(1) has been amended by the Act Amending the Land Code (No. 6), B.E. 2535 (1992).