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Feature Articles :

History of Cannabis
  and Anti-Marijuana
  Laws in Thailand



Thailand’s Notable
  Criminal Extradition
  Cases


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
  Thailand

Thailand Lawyer Blog:
 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 US FATCA:
  “The Neutron Bomb
  the Global Financial
  System”?
 The Effects of the US
  Government’s Policies
  on Americans Living
  Abroad
 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
  Important
 US Immigration in
  Decline?
 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
  Internationally
 Hangover 2 and
  the Thai Censors
 Thailand’s Film
  Industry Steps Up

Thailand Legal News Updates:

PM Ready for Biggest Legal Overhaul in Over 200 Years
24 March 2005

Spokespersons for Prime Minister Thaksin Shinawatra have announced that the government is ready to undertake the biggest legal overhaul in more than 200 years with the amendments of 377 laws. Out of these 377 laws, 106 were deemed contradictory to the constitution, 21 were considered archaic and 30 were characterized as infringing on people's rights. PM Thaksin disclosed that Thailand has been inhibited by many antiquated laws and amending these laws would empower the people. He added that legal reform has long been overdue and an overhaul is necessary for eliminating injustice and corruption. PM Thaksin believes that revising these laws would strengthen security and aid future social and economic development.

New Security Bill in Progress
24 March 2005
The drafting of a legislation to protect members of the security forces from legal action when following orders is underway, said the Defense Ministry. According to spokespersons, this legislation is a necessary safeguard after the anti-communist act has been abolished. The new security law will identify situations which demand Interior Ministry supervision and those needing a military operation. The Deputy Prime Minister, who had been asked to arrange the drafting of the bill, said that Thailand had been slow in revising its security-related laws to include terrorism. He added that studies of internal security decrees in Indonesia and Malaysia are being carried out while the drafting of the bill is in progress.

US Department of Commerce: Thailand Guilty of Plastic Dumping
19 March 2005

The US Department of Commerce has ruled that plastic imports from Thailand, India and Indonesia used for bottle-making were dumped on the US market. Based on the calculation by the Department, the dumping margins for Thailand range from 24.83 to 41.28 per cent. While awaiting the final injury determination due in April, US customs agents will collect a cash deposit or bond of dumping margin equivalent on any imports in question. If a negative determination is reached, the money collected will be returned.

Provident Fund Contribution to be Deducted From Tax
14 March 2005

Under the proposed amendment to the provident fund law, a professional can contribute to the fund by claiming deductions against personal income tax and expense claim. The Finance Ministry said that employees would be allowed to increase fund contributions without requiring the employer to match the contribution. In addition, the current minimum contribution, set at two per cent of the monthly salaries, would be scrapped. Current laws prohibit independent professionals from establishing their own provident funds. Finance Ministry officials disclose that the government is finalizing plans to introduce a mandatory provident fund system. The new system would require all companies to establish a fund for employees, with a set 2.5-3% contribution of the monthly salary. For companies that implement the voluntary and mandatory provident funds and participate in the Social Welfare Fund, the authorities may offer incentives as encouragement. Expected to come into effect in 2007 or 2008, the mandatory fund program will cover companies with one or more employees earning a minimum monthly salary of 15,000 baht.

Cabinet Approves National Identity Card Draft Bill Amendment
11 March 2005

The cabinet has approved, in principle, a revised draft of the National Identity Card bill. The revised bill would require newborns to have identity cards within 60 days of birth and children under 15 to apply for identity card within one year. Currently, identity cards are only issued to children who turned 15. The amendment, drawn by the Interior Ministry, was in line with the government's policy to issue new smart identity cards. The new microchip-embedded card will hold personal information such as date of birth, current address, blood type and tax information.

Agreement on Services at FTA Talks
10 March 2005

A preliminary free-trade agreement between Japan and Thailand has been reached to allow Thai nationals to work in industries such as advertising, fashion design, tourism and exhibitions. However, both parties have not come to an agreement on the certification of labor standards. The Thai Foreign Ministry has disclosed that inclusion of farm products following the recent exclusion of rice and spa-related services have yet to be determined in the free-trade agreement (FTA). The Ministry also said that details on labor standards and visa procedures still need to be ironed out. In addition, Thailand is seeking certification from Japan to allow Japanese patients to enter Thailand for medical treatment and have their medical fees reimbursed from the Japanese social security fund.

NHSO Seeks Legal Amendments in National Halth Security Act
26 February 2005

The National Health Security Office (NHSO) is seeking for an article revision in the National Health Security Act to allow victims of medical malpractice to claim quicker compensation. A NHSO spokesperson said that claims for such medical cases should also take humanitarian issues into account and victims should be entitled to initial financial assistance. Currently, patients who develop complications are not compensated if the course of treatment administered was deemed appropriate. Only three-quarters of the patients who sought compensation have received financial assistance from a fund set up by the Act three years ago. This fund is meant for victims of medical malpractice and fund contributions come from all doctors in Thailand.

Thailand - New Zealand FTA to be Signed
24 February 2005

The signing of a free-trade agreement between Thailand and New Zealand is scheduled to take place this April 19, making Thailand part of a free-trade area that also includes Australia. Thailand will also start talking on the free flow of trade in services with Australia and New Zealand within three years of the respective FTAs' implementation. Sources have stated that according to current plans, New Zealand will eliminate duties on 5,878 product items out of more than 7,740 items it offers to Thailand from the beginning of July. A further 697 items will have its duties eliminated by 2010 and the remaining items by 2020. Thailand is obliged to remove its duties on all New Zealand goods within 20 years, with duties on 2,978 product items from New Zealand to be scrapped with immediate effect. In an effort to protect its domestic industries, Thailand will reduce the import levies on the remaining 1, 961 product items within five years. This is the second FTA that Thailand has signed with a developed country on all goods and services, the first being the Thailand-Australia FTA which came into effect early this year. The government hopes that the FTA will bring in more investments from New Zealand in the form of joint ventures or strategic alliances.

New Changes in Tax Law - Filing Returns Exempted for Some
22 February 2005

The Revenue Department has disclosed that come next year, people earning less than Bt100,000 yearly may no longer be required to file tax returns. This is a result of the new changes in tax law proposed and these changes to the existing laws are likely to take a year to implement. Currently, those earning Bt30,000 upwards annually are required to file tax returns under the existing tax law. With the new changes implemented, the department hopes to eliminate the unnecessary filing of income tax for some. The new changes are believed to benefit self-employed personnel when the second phase comes into effect. However, annual tax rebate forms would still have to be filled out to claim tax rebates.

Foreign Trade Department to Counter Unfair Practices with New Bureaus
18 February 2005

The Foreign Trade Department will set up two new bureaus to fight unfair practices that may result from free-trade agreements (FTAs) signed with the other countries. The department disclosed that the measures are meant to ensure that Thailand is protected from unfair non-tariff barriers and to prevent dumping. The Trade Measures Office will closely monitor the swift changes in trade regulations and policies among Thailand's trading partners. The Trade Privilege Development Office will center on encouraging Thai exporters to make use of tax privileges under the FTAs. A Safeguard Act is also being drafted to ensure that retaliatory measures can be enforced against imports without delay. The new structure is set to be in operation on March 1.

Commission Fines Budget Airlines for Deceptive Ads
18 February 2005

Three budget airlines - Nok Air, Thai AirAsia and Orient Air - were warned and fined Bt150,000 each for misleading consumers with their ads. The Consumer Protection Commission disclosed that consumers have filed complaints that the airlines use fine print for restrictions but mislead consumers with their headline-grabbing cheap rates. The three airlines are eligible to appeal to the commission within 30 days.

Amendments to Social Security Act - Coverage for Retrenched Workers Only
14 February 2005

In a bid to overhaul the Social Security Act, amendments to the Act have been proposed to make it more responsive to the current social and economic situation. Following the new amendments, only retrenched workers will be compensated for unemployment; workers who resign voluntarily will no longer be eligible. According to the proposed amendments, the board of directors from the Social Security Office will accept appeals for unemployment compensation by workers who resigned, but approval is considered on a case-by-case basis. Currently, qualified unemployed workers may receive 30 per cent of their last-drawn salary for three months under certain conditions if they have contributed to the social security fund for a period of time. Although the international practice is to compensate only retrenched workers, Thai laws compensate workers who were forced to resign by employers who seek to avoid the consequences of laying off workers.

SET to Clamp Down on Rampant Disclosure
10 February 2005

The SET is set to take a tough line on companies which do not comply with disclosure regulations. The exchange is closely monitoring share price and volume movements in a bid to clamp down on speculation and unfair access to information. If a company circulates information in trading rooms or in the media before SET has been formally notified, the company's shares would be suspended pending clarification. The SET, the Securities and Exchange Commission and government agencies are also working together to make sure that all information is disseminated in a fair and accurate manner.

Thailand and Netherlands Sign Treaty on Prisoner Transfer
9 February 2005

Come April, a ratified Thailand-Netherlands treaty on prisoner transfer and cooperation in penal sentence enforcement would come into effect. The treaty which was signed at The Hague in August 2004, would allow prisoners who have served a minimum jail term, or a quarter of their sentence, to serve out the remaining sentence in their home countries. However, this is not applicable to offenders serving drug-related life sentences. Such offenders would have to serve a minimum of eight years in prison to become eligible. There are currently about 30 Dutch prisoners in Thailand and one Thai prisoner in the Netherlands.

Liquor & Tobacco Tax Proceeds to Finance Healthcare Scheme
31 January 2005

Finance Ministry officials are contemplating using 70 per cent of the revenue from liquor and tobacco taxes to finance the 30-baht healthcare scheme in Thailand. This revenue will be directed to a special fund set up for the healthcare initiative. Currently, around 60 million baht per year has been allocated to the scheme, an amount which officials deemed insufficient to cover current expenses. An estimated spending of 1,700 baht per person per year is required, but with the current spending of 1,389 baht per person per year, there is a shortfall of 30 million baht in funding annually. Authorities are claiming that the diverted revenue from the liquor and tobacco taxes would reduce the funding shortfall, and circumvent budgetary procedural barriers. Policymakers have yet to accept the proposal formally.

Excise Department to Collect More Taxes from Massage Parlors
28 January 2005

The Excise Department has plans to tackle the legal loopholes present in the current tax collection system relating to massage parlors by collecting more excise taxes from the operators. Currently, the department only collects a 10 per cent levy from massage parlors, a percentage derived from the calculation of revenue based on a 900-baht service charge per customer as suggested by parlor operators. The department is not looking at raising the rate of levy but plans to make collection efforts more effective, with more practical guidelines for its officials to follow. Excised tax collected from massage parlor services for the first two months of fiscal 2005 amount to 35.25 million baht. For the full fiscal year of 2005, the department is targeting a 183.6 million baht collection from such businesses. The department is also considering excise tax collections from online gaming operations.

 
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Chaninat & Leeds assists with the translations of Supreme Court decisions. Chaninat & Leeds specializes in Thailand real estate acquisition. Chaninat & Leeds is managed by an American attorney who specializes in immigration with a focus on K1 Visa Thailand

 

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