Thailand Law Library

by Thailand Lawyer

There shall be a Foreign Business Commission consisting of

1. the Permanent Secretary for Commerce as Chairperson,
2. a representative of the Office of the National Economic and Social Development Board,
3. a representative of the Office of the Board of Investment,
4. a representative of the Ministry of Defence,
5. a representative of the Ministry of Finance,
6. a representative of the Ministry of Foreign Affairs,
7. a representative of the Ministry of Agriculture and Co‐operatives,
8. a representative of the Ministry of Transportation,
9. a representative of the Ministry of Interior,
10. a representative of the Ministry of Labour,
11. a representative of the Ministry of Science and Technology,
12. a representative of the Ministry of Industry,
13. a representative of the Ministry of Education,
14. a representative of the Ministry of Public Health,
15. a representative of the Office of the Consumer Protection Board,
16. a representative of the Royal Thai Police,
17. a representative of the Thai Chamber of Commerce,
18. a representative of the Federation of Thai Industries,
19. a representative of the Thai Bankers’ Association
20. and not more than five qualified persons appointed by the Minister as members, and the Director‐General of the Department of Business Development shall be a member and secretary.

The qualified persons must possess the knowledge and expertise in economics, law, commerce, science, technology, environment, trade, investment, business administration or industry and must not be advisors to any political party or hold political positions.

The representative under paragraph one, in the case of representing a State agency, must hold office not lower than Director‐General or the equivalent and, in case of representing the Thai Chamber of Commerce, the Federation of Thai Industries or the Thai Bankers’ Association, must hold office not lower than Director of such Chamber, Federation or Association.

A qualified member shall hold office for a term of two years. In the case where a member vacates office before the expiration of the term or in the case where the Minister appoints any additional member during the remaining term of the members already appointed, the replacing or additional appointee shall hold office for the remaining term of the members already appointed.

An outgoing qualified member may be re‐appointed but may not serve for more than two consecutive terms.

In addition to vacating office at the expiration of the term under section 24, a qualified member vacates office upon:

1. death;
2. resignation;
3. being removed by the Minister on the ground of a disgraceful behavior, lack of integrity, neglect of duties or deficient capability;
4. being a bankrupt;
5. being an incompetent or a quasi‐incompetent person;
6. being imprisoned by a final judgment except for an offence committed through negligence or a petty offence;
7. being disqualified or being under any prohibition under section 23 paragraph two.

The Commission has the powers and duties as prescribed in this Act and shall have the following powers and duties:

1. to give advice, make recommendations or give opinions to the Minister on the issuance of Royal Decrees and Ministerial Regulations under this Act or the prescription of categories of businesses and localities for businesses to be operated by foreigners under section 7 or requests for the Council of Ministers’ approval under section 8 (2);
2. to study, gather and prepare reports on the operation of businesses by foreigners in the Kingdom, including impacts and appropriateness of such matter, for submission to the Minister from time to time but at the frequency of not less than once a year;
3. to give advice, make recommendations or give opinions to the Minister on other matters as entrusted by the Minister.