PM
Ready for Biggest Legal Overhaul in Over 200 Years
24 March 2005 |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Foreign
Trade Department to Counter Unfair Practices with New Bureaus
18 February 2005 |
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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. |
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Commission
Fines Budget Airlines for Deceptive Ads
18 February 2005 |
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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. |
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Amendments
to Social Security Act - Coverage for Retrenched Workers Only
14 February 2005 |
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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. |
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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. |
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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. |
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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. |
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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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