Thailand Law Library

by Thailand Lawyer

At a meeting of the Commission, the presence of not less than one half of the total number of the members is required to constitute a quorum. If the Chairperson is not present at the meeting or is unable to perform the duty, the members present shall elect one amongst themselves to preside over the meeting.

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

The Commission has the power to appoint a sub‐committee for considering or performing any particular act entrusted by the Commission, and section 27 shall apply to a meeting of a sub‐committee mutatis mutandis.

The Department of Business Development, Ministry of Commerce, shall serve as the secretariat of the Commission and shall have the following powers and duties:

1. to perform tasks in accordance with resolutions of the Commission or as entrusted by the Commission;
2. to consider proposing opinions to the Commission in connection with the operation of foreign businesses in the Kingdom for educational purposes and to gather information and prepare reports for submission to the Minister;
3. to perform general administrative work of the Commission.

The Registrar and competent officials have the following powers:

1. to address in writing enquiries or summons requiring any person to give explanations on any facts and furnish documents or evidence necessary for factual examination;
2. to enter premises where foreigners operate businesses during office hours for examining and ensuring the compliance with this Act, provided that written consent of the Director‐General shall first be obtained, save in the case of utmost emergency; in the performance of such duties, the Registrar and competent officials shall have the power to inquire into any facts or summon any document or evidence particularly essential for factual examination from persons staying at such premises.
3. In the performance of duties under (2), the owner or occupier of the premises shall provide the Registrar or competent officials with reasonable assistance. The Registrar or competent officials must not carry out any act which is, in essence, tantamount to the exertion of a threat or a search under the Criminal Procedure Code and must serve not less than three working‐day prior written notice on the owner or occupier of the premises, save in the case of utmost emergency and shall, upon completion of the performance of duties, furnish to the Minister a written report on the outcome thereof without delay.

When any person makes a request for an examination or reproduction of documents or requests the Registrar to reproduce or make photocopies of documents together with certification thereof or issue certification of statements retained by the Registrar, the Registrar shall grant permission without delay, save that such documents are in essence subject to the requirement of non‐disclosure under the law on official information or other laws, provided that the requester must make payment of fees as prescribed in the Ministerial Regulation.

The competent official must have an identification card in accordance with the form prescribed in the Ministerial Regulation. In the performance of duties, the competent official must show the identification card to persons concerned.

In the performance of duties under this Act, members, the Director‐ General, the Registrar and competent officials shall be officials under the Penal Code.