Understanding Law and the Legislative Process

Law in Daily Life

• Rules, regulations, and restrictions are necessary for a peaceful society.
• These rules, regulations, and restrictions become laws.
• Laws relate to individuals, families, communities, countries, and the legislative process.

Meaning of Law

• Laws are state regulations and part of social organization.
• Used to control citizens' behavior.
• Unfavorable effects or penalties result from breaking laws.

Importance of Law

• Laws create order in society and the nation.
• Laws accelerate the country's administration and development.
• Laws act as the principles of life for people and create order in society.

Legislative Process

• All citizens with the right to vote can petition for proposed laws.
• Proposed bills at the national level must be in the form of a proposed act.
• Proposed bills must align with the Constitution.
• At the local level, at least half of those eligible to vote in a local administrative organization can petition the president of the local council to issue local legislation.

Civil Law and Minors

• A minor is anyone who has not reached legal age and may be easily taken advantage of.
• Minors' capacity to enter legally binding agreements like employment, loans, bank accounts, or passports is restricted.
• Actions by minors need to be agreed upon by a legal representative or carried out on the minor's behalf.
• Legal representatives: parents or guardians.
• Legal representatives carry out juristic acts for minors or approve such acts.
• Minors can perform juristic acts without approval when:
  • Obtaining a right without loss such as accepting assets or a remission.
  • Conducting business or expressing preferences.
  • Performing necessary acts appropriate to their status, like buying food or clothes.
  • Minors can create a will at the age of 15.
• A will is a legal document specifying asset distribution after death.

Thai National Identity Card

• A national identity card is an important document as proof of identification, domicile, and status.
• Requirements to have an identity card:
  • Thai nationality.
  • Between 7 and 70 years.
  • House registration with the holder's name.
• Application for an identity card:
  • Apply within 60 days of turning 7, after obtaining Thai nationality, or after completing house registration.
  • Identity cards are valid for 8 years.
  • Cardholders can renew within 60 days before or after the card's expiration.
• Submit a request within 60 days to replace a lost, damaged, or changed identity card.
• National identity cards are beneficial for:
  • Contacting government agencies or private sectors.
  • Opening or closing bank accounts.
  • Depositing money.
  • Exercising the right to vote.
  • Receiving money orders.
  • Applying for jobs.
  • Proof of identity is also useful during travel or accidents.

Civil Law and Family: Engagement

• Engagement is a promise between a man and woman to marry.
• If a party breaks the promise, the other can recover compensation, without legal action to force marriage.
  • Engagement requires people to be 17 years or older with consent of legal representation.
• Engagement gift:
  • Engagement gift goes from man to woman.
• Bride price goes from man to parents/guardian of the woman.
• Engagement gifts act as evidence guaranteeing marriage.
• If a party breaks the engagement promise, the other can recover compensation for:
  • Damage to body or reputation.
  • Financial damages to the betrothed or their parents.
  • Damages due to managing assets or career.
• Engagement termination cases:
  • If the woman is unsuitable for marriage, the man can end the engagement while the woman must return the engagement gift.
  • If the man is unsuitable for marriage, the woman can end the engagement without returning the gift.
  • In the event of death, there is no compensation, and gifts/bride prices do not need to be returned.
• Engagements can be terminated with mutual consent without written consent signed by witnesses.

Civil Law and Family: Marriage

• Marriage is the willingness of a man and woman to live together as husband and wife.
• Marriage conditions:
  • Both parties must be 17 years of age or older, or have legal representation.
  • Neither party can be of unsound mind.
  • There must be no direct familial connection.
  • An adopter and the adopted cannot marry.
  • One cannot marry while still having a spouse

Heritage and Estate

• Includes all assets and properties of a dead person, including rights and duties.
• Excludes responsibilities exclusive to the dead person.
• With a will, heritage goes to the specified person. Without a will, heritage goes to the heirs and spouse.
• Statutory heirs include relatives or spouses with legal rights, where inheritance rights decrease based on the relationship.
• A living spouse is considered a statutory heir.
• Marriage property is divided in half before dividing the rest of the estate.
• The spouse can inherit an equal proportion of the first generation heirs (descendants).
• If first-order heirs are alive, later heirs have no right, unless the dead person's parents are alive, entitling them to an equal share as the children.
• Heir by the will:
• Right to something according to the will.
• Wills can order distribution of properties or specify conditions.
• Wills can appoint guardians or arrange funeral/debt management.

Acknowledgement of Children

• A non-marital child is a legal child of the woman and illegitimate to the man.
• The man can register acknowledgment of the child.
• In the event of marriage later, acknowledgement is not needed.

Adoption Requirements

• Adopter must be at least 25 years old.
• Adopter must be 15 years older than the adoptee.
• Adoptees >15 years old must give consent.
• A minor needs consent from a legal representative.
• If there is no legal representative to give consent, the court can give permission.
• An adoption becomes complete when legally registered.
• Spouses must consent to their partner adopting a child.
• Adopted children have the same status as legitimate children.
• Adopted children retain rights/duties for thier birth family.
• Adopters do not have inheritance rights with their adoptees.
• Only spouses can adopt the same child concurrently.

Laws Relating to the Community and Nation

• These laws concern public order and national security.

Taxation Law

• Tax is money imposed by the government or locality for national or local expenses.

• It is a civic duty because it contributes to public benefits through one's income or property.

• Personal income tax is common to citizens.

• Personal income tax applies to individuals meeting specific income criteria set by law and is imposed on an individual.

• Tax rate is from annual income, termed as assessable income.

• Assessable income includes property, money, or benefits calculated as money, gained from January 1 to December 31.

• Personal Income Tax Calculation:

• Subtract expenses and write-offs from assessable income.

• Deduct 50% of expenses, up to 100,000 baht.

• Tax-deductible write-offs:

• 60,000 baht for the income earner and a non-earning spouse or jointly not exceeding 120,000 baht if the spouse earns.

• 30,000 baht can be deducted per child.

• Insurance premiums up to 100,000 baht for policies of over a 10-year term.

• Contributions to a provident fund up to 10,000 baht.

• Lending rate for buying, leasing, or building a residence, not exceeding 100,000 baht.

• Donations up to 10% of income after expenses.

• The tax form must be filed by March 31 of the year. Places to pay the tax:

• Area Revenue Office

• Thai commercial banks

• Post Office

• Online tax form filing service

• Pay tax and file at the same time.

• Penalties for late payment:

• 1.5% per month extra, can be reduced to to 0.75% with the approval of the Revenue Department.

• The government allocates tax revenue to:

• Transportation, public utilities, health, education, and national security

• Tax compliance benefits the country as well as the individual. Benefits such as:

• Better transportation

• Improved utilities

• Better public health

• Better public education

• Increased national security

• Tax avoidance reduces government revenues and hinders national progress.

Labor Law

• Labor laws regulate employer-employee relations and ensure work efficiency.
• Self-conduction between employer/employee dictates that the employer:
  • Treat employees according to the Civil and Commercial Code.
  • Treat male and female employees equally, unless conditions prevent it.
  • Announce normal working hours, up to a maximum of 8 hours.
  • Must have consent to have the employees to work overtime or on off days .
  • Provide a minimum 1-hour break during the workday.
  • Employees have the right to sick leave, and need a medical certificate to do so for more than 3 days.

Child Labor Employment

• Prohibits labor for children under 15.
• Prohibits children under 18 working in certain entertainment places and in other places as specified by law.
• Provides children to take of days for training and seminars organized by educational or government institutions.
• Employers using child labor must notify a labor inspection officer within fifteen days.

Female Labor Employment

• Employers cannot assign women to prohibited work like mines, underground construction, or explosive production.
• Bans pregnant employees from working between 22:00-06:00, overtime, on holidays, without consent, excluding some lines of work.
• Employers cannot terminate an employee due to pregnancy.
• Women are entitled to 90 days for maternity leave.
• All forms of sexual harassment are prohibited in the workplace.

Administrative Law

• Administrative law manages public affairs.
• Administrative law governs the arrangement, operation of administrative organization, and the relationship between the administrative and the private sector.
• Thailand organizes state affairs into:
  • Central Administration formulates policies and controls state operations nationwide with Office of Prime Minister, Ministries, and Departments/Administrative Agencies.
  • Regional Administration decentralizes administrative power by sending officials to provinces—headed by Provincial Governors, and districts—headed by Chief District Officers (CDO).
  • CDO should conduct the duties under the provincial governor.
  • Local Administration decentralizes power to localities, where citizens are part of the local administration, and is organized into Provincial Administrative Organizations (PAO), Municipalities, and Subdistrict administrative organization.
  • Special Local Administration consists of the Bangkok Metropolitan Administration (BMA) and Pattaya City.

Laws of Conservation of Nature and the Environment

• National Reserved Forests Act (1964) or NRFA preserves forest resources and prevents forest destruction.
• NRFA guidelines:
  • No one can own land, construct, destroy, log, or harm national reserve forests.
  • The government CAN permit land under certain circumstances in a national forest for 5-30 years.
  • In the case of resources underground, that is reduced to 10 years
  • A person may do logging with license
  • If a deteriorated forest is needing of improvement, the Minister may notify the area as a "natural condition improved area."
• A person can live and utilize in a natural condition improved area, provided that this person was already utilizing and living in the area.
  • This will be for five to thirty years if the government approves
• Wildlife Preservation and Protection Act (1992) or WPPA protects wild animals from hunting, trading, or endangerment.
• An animal can be studied through educational research via written permission.
• Enhancement and Conservation of National Environment (1992) or ECNE protects, corrects, and develops the environment for better living.
  • This allows the National Environment Board to submit policies while also setting quality standards.
• There is also an Environmental Fund, which aids the central wastewater treatment plant as well as the waste disposal facility.
• Adhering to laws helps people to live in harmony.