Module 6: ASEAN Legal Aspects

Activities

Activity 4

 

Read the following information about Thailand and follow the instructions.

  1. Answer the questions.
  2. Select a section of your interest, list all the new vocabulary and look for the meanings in a dictionary.

 

 

 

Thailand

1. General Information

1.1  Geography
The Kingdom of Thailand covers 514,000 square kilometers and is bordered by Malaysia, Myanmar, Laos, and Cambodia. The Kingdom has extensive coastlines on the Gulf of Thailand and Andaman Sea and controls the only land route from Asia to Malaysia and Singapore. The country has four different geographic regions and has a tropical climate with three distinct seasons where temperatures can range from 15°C to 40°C.

 

Question: What kind of climate does Thailand have?


1.2  Government
In 1932, Thailand became a constitutional monarchy structured similarly to the United Kingdom. Under the constitution, the government is divided into three branches: the executive, the legislative and the judiciary. While His Majesty the King signs all laws, acts and decrees, the decision making is left to the three government bodies.

 

Question: What kind of government does Thailand have?


1.3  Population
Totaling 67 million people, Thailand’s population is 75% Thai and 14% Chinese with the other 11% made up of different ethnic groups. While religious freedom is permitted, the nation is 94% Buddhist. Muslims, many who live in the Southern region, are the second largest religious group at 4.6%. The national language, Thai, is a tonal language like Mandarin Chinese, but is written phonetically. Thai is the educational and administrative language, and the country has a 92% literacy rate.  English is also widely spoken especially among Thais with higher education.

 

Question: What’s the population of Thailand?


1.4  Economy

Since World War II, Thailand has continued to attract foreign investment due to its relative stability and strong economy. Thailand has a free-enterprise economy with generally pro-investment policies, strong export industries, and a well-developed infrastructure. The government has actively encouraged the development of industry over the years and continues to take measures to increase trade and manufacturing. Thai exports include textiles and footwear, fishery products, rice, rubber, jewelry, automobiles, computers and electrical appliances, and its natural resources include tin, rubber, natural gas, tungsten, tantalum, timber, lead, fish, gypsum, lignite, and fluorite. Tourism has also become a major industry with 22.3 million visitors arriving in Thailand in 2012, up 16% from 2011. Agriculture employs 40% of the country’s labor force, but only accounts for 13% of the GDP. Industry is 43% of the GDP and employs 13% of the population, and the service sector is 43% of the GDP and 46% of total employment. Thailand is a charter ASEAN member from 1967.

 

Question: What are Thai exports?


1.5  Legal System

The Kingdom of Thailand has practically adopted a civil or codified law system influenced by the United Kingdom’s common law system and European (Continental) civil law systems; however, the practice of law in Thailand is not as comprehensive as that in the United States and the United Kingdom. Trial by jury is not practiced. The Constitution is the supreme law of the Kingdom and there are thousands of organic laws, i.e., acts, which include, but are not limited to, decrees and governmental notifications and regulations, and are regulated from time to time by the Parliament, the administrative agencies, and the courts. The Constitutional Court settles matters pertaining to issues of validating or invalidating the laws in draft bills under the Constitution. The Administrative Court settles any disputes and litigation between the private sector, the Government, and State organs, and the Military Court is specifically for criminal cases in the armed forces. The Court of Justice, the Kingdom’s civil and criminal court system, is comprised of the Courts of First Instance, the Courts of Appeal, and the Supreme Court (Dika). The Central and nine Regional Courts of Appeal hear civil and criminal cases from all parts of the country and either reaffirm, dismiss, reverse, or amend the lower courts’ decisions. The Supreme Court (Dika) is located in Bangkok and only hears appeals on points of law and/or points of fact which are important material issues; nevertheless, often Specialized Court cases go directly to the Supreme Court when under appeal. Its decisions are final, but not binding as precedents for new cases though. Lower courts tend to follow the decisions of the Supreme Court, nonetheless a challenge on points of different facts is normally expected, and ultimately, a final judgment is at the discretion of the court.

 

Question: What is the function of the administrative court?


1.6  Environment for Foreigners

 There are a large number of foreigners living and working in Thailand. Japanese represent the largest number of expatriates followed by Americans and Europeans. All foreigners wishing to live or work in Thailand must comply with the country’s strict immigration and work-permit regulations. English is fairly widely spoken and most international business including contracts, documentation, and banking transactions is conducted in English. In most cases, official dealings with the Thai government must be conducted in Thai. Most foreigners enjoy living in Thailand as housing, health care, foreign schools, foods, sports and recreation facilities are of high quality. There are many foreign business associations, two daily English language newspapers and a Japanese newspaper.

 

Question: What must all foreigners wishing to live or work in Thailand do?


1.6.1 Visas – Visa rules vary according to nationality. Visitors to Thailand from certain countries can enter for a 30-day period with no visa, and others can obtain a visa waiver on arrival and are permitted to stay for 15 days. However, certain nationals must obtain a visa before entering the Kingdom. For longer stays, single or multiple entry 60-day tourist visas are available at Thai consulates or embassies.

Question: What is the visa system in Thailand?

 

1.6.2 Work Permits – All foreigners must obtain a work permit to engage in paid or unpaid work in Thailand. A foreigner must first obtain a non-immigrant visa from overseas and then subsequently apply for a work permit with the Employment Department after entering the Kingdom. Certain nationals are required to obtain pre-work permit approval before they can obtain a non-immigrant visa.

Question: What are the general rules for work permits in Thailand?


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