Thailand Law Library

by Thailand Lawyer

Chapter 2: Loss of Thai Nationality

A woman of Thai nationality who marries an alien and may acquire the nationality of her husband according to the nationality law of her husband, shall, if she desires to renounce Thai nationality, make a declaration of her intention before the competent official according to the form and in the manner prescribed in the Ministerial Regulations.

A person of Thai nationality, who was born of an alien father and has acquired the nationality of his father according to the law on nationality of his father, or a person who acquires Thai nationality under Section 12 paragraph 2 is required, if he desires to retain his other nationality, to make a declaration of his intention to renounce his Thai nationality within one year after his attaining the age of twenty years, according to such form and in the manner as prescribed in the Ministerial Regulations.

If, after consideration of the said intention, the Minister is of opinion that there is reasonable ground to believe that such person may acquire the nationality of his father or a foreign nationality, he shall grant permission, except in cases where Thailand is being engaged in armed conflict, or is in state of war, he may order the dispensation of any renunciation of Thai nationality.

Except in the case under Section 14, a person who has Thai nationality and other nationality, or who acquires Thai nationality by naturalization shall, if he desires to renounce Thai nationality, file an application with the competent official according to such form and in the manner prescribed in the Ministerial Regulations.

The granting or refusal of permission for renunciation of Thai nationality shall lie with the discretion of the Minister.

With respect to an alien woman who acquires Thai nationality by marriage, her Thai nationality may be revoked if it appears that:

• The marriage was effected by concealment of facts or making any statement false in material particular;
• She commits any act prejudicial to the security, or conflicting with the interests of the State, or amounting to an insult to the nation;
• She commits any act contrary to public order or good morals.

With respect to a person who has Thai nationality, by reason of his having been born within the Thai Kingdom of an alien father, his Thai nationality may be revoked if it appears that:

• He has resided in a foreign country, of which his father has or used to have nationality, for a consecutive period of more than five years as from the day of his becoming sui juris;
• There is evidence to show that he makes use of the nationality of his father or of a foreign nationality, or that he has an active interest in the nationality of his father or in a foreign nationality;
• He commits any act prejudicial to the security or conflicting with the interests of the State, or amounting to an insult to the nation;
• He commits any act contrary to public order or good morals.

The Minister in the event of (1) or (2), and the Court in the event of (3) or (4) and upon request of the public prosecutor, shall order the revocation of Thai nationality.

When there exist circumstances suitable for maintaining the security or interests of the State, the Minister is empowered to revoke Thai nationality of the person who acquires Thai nationality under Section 7 Bis.

The Minister is empowered to revoke Thai nationality of a person who acquires Thai nationality by naturalization if it appears that:

• The naturalization was effected by concealment of facts or making any statement false in material particular;
• There is evidence to show that he still makes use of his former nationality;
• He commits any act prejudicial to the security or conflicting the interests of the State, or amounting to an insult to the nation;
• He commits any act contrary to public order or good morals;
• He has resided abroad without having a domicile in Thailand for more than five years;
• He still retains the nationality of the country at war with Thailand.

The revocation of Thai nationality under this section may extend to children of a person whose Thai nationality is revoked in case such children are not sui juris and acquire Thai nationality under Section 12, paragraph two and the Minister shall, after the order for revocation of Thai nationality has been given, shall submit the matter to the King for information.

A Committee shall be set up consisting of the Under Secretary of State for Interior as chairman, a representative of the Ministry of Foreign Affairs, the Director-General of the Department of Administrative Affairs, the Director-General of the Police Department and the Director-General of the Public Prosecution Department as members, having the duty to consider the revocation of Thai nationality under Sections 16, 17(1) or 18, 19.

Where circumstances appear with respect to any person that his Thai nationality may be revoked, the competent official shall submit the latter for consideration of the Committee. After consideration, the Committee shall refer its opinion to the Minister for direction.

A person of Thai nationality who was born of an alien father and may acquire the nationality of his father according to the law of nationality of his father shall lose Thai nationality if he obtains an alien identification card according to the law on registration of aliens.

A person of Thai nationality who has been naturalized as an alien, or who has renounced Thai nationality, or whose Thai nationality has been revoked, shall lose Thai nationality.