subject: Thai Legal Review Monthly: October 2009 Thai Laws [print this page] Globalization is driving change on a scale never before seen in Thailand, and Thai laws, whether economic, social, creative or business oriented must change just as quickly. Today we are looking back over the past month of legal developments in the nation and examining how Thai legal services will be handling cases in the future.
Draft public finance law finished
The pressure of high public debt, which is expected to reach levels unseen since the 1997 economic crisis, forced policymakers to investigate alternative methods of administering public spending. A draft Thai law on this important issue has finally been produced for parliamentary and cabinet review. It proposes that:
.Spending becomes more transparent, with targets for how and where funds are used. Currently the approach is seen as haphazard by some.
.Local administrations will be covered by the law, as well as the central government.
.Efficient and equitable taxation regimes to be established.
.Regular public reports will be released on the current state of the economy.
.Public debt will be entered into with extreme caution
Businesses can use Thai corporate legal services or internal methods to petition government with the new information.
Land Act Amendments Suggested
The Department of Special Investigation is suggesting amendments to the Land Act which tighten up on the loopholes which currently allow foreigners to own land in Thailand. The suggestion has come after widely publicized reports that much prime tourist land in Phuket is foreign owned or controlled using Thai nominees.
The Thai law amendment would make it possible for foreigners to lease land directly from the government, rather than taking the indirect route they do currently. It is still under discussion, and Thailand law consulting firms expect to see action in the near future.
Calls to alter rape law
The rape law in Thailand was amended in 2007, removing its previous narrow definition as forced vaginal intercourse between a man and a woman only. The definition was expanded to give legal protection to transgendered women, men raped by men, boys, as well as intra-marital rape.
However the Office of Welfare Promotion, Protection and Empowerment of Vulnerable Groups is pushing for this decision to be repealed. Amendments to the Sexual obscenity law are proposed in place of the rape amendments; however victims and advocates are pushing for the status quo to remain. Law firms in Thailand will explore all possible avenues for victims.
Retail bill on way to consultation and approval
Thai law consulting firms will be participating in the public debate next month about the Draft Retail Bill, aiming to protect the interests of smaller retailers against the competition from larger ones. The Draft Thai law has been completed, and will go under public consultation next month - hearings will be conducted in seven more provinces, with two already finished.
