Official Emblem
Nationality Act, (No.4),
B.E.2551
BHUMIBOL ADUL Y ADEJ, REX.
Given on the 19th February B.E. 2551
Being the 63rd year of the present Reign
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:
Whereas it is expedient to revise the Law Governing Nationality;
Be it, therefore, enacted an Act by the King, by and with the advice and consent of National Legislative Assembly, as follows.
Section 1 This Act shall be called "Nationality Act, (No.4), B.E. 2551."
Section 2 This Act shall come into force from the day following the date of its publication in the Government Gazette.
Section 3 The definition of the word "Committee" shall be added in between the definition of the words "alien" and "competent official" under Section 4 of Nationality Act, B.E. 2508, as follows:
"Committee" means Nationality Scrutiny Committee."
Section 4 The contents under Section 5 of Nationality Act, B.E. 2508, shall be repealed and superseded by the following contents:
"Section 5 The acquisition of Thai nationality in accordance with Section 9, Section 12 or Section 12/1, the loss of Thai nationality in accordance with chapter 2 and the revival of Thai nationality in accordance with Chapter 3, shall take effect only when being published in the Government Gazette and purely personal matter."
Section 5 The contents under Section 6 of Nationality Act, B.E. 2508, shall be repealed and superseded by the following contents:
"Section 6 The Interior Minister shall have charge and control over the executions in accordance with this Act and shall have the power to appoint competent officials as well as issuing Ministerial Regulations for the executions in accordance with this Act and fixing the fees not exceeding the rate specified under the Schedule attached herewith and excepting the following fees to any persons, generally or individually, as he thinks fit:
(1) Naturalization Applications for Thai nationality.
(2) Thai Nationality Naturalization Certificates.
(3) Thai Nationality Revival Applications.
A Ministerial Regulation, once published in the Government Gazette, shall be enforceable. "
Section 6 The following contents shall be added thereto as paragraph two of Section 7 of Nationality Act, B.E. 2508, which have been revised by National Act, (No.2), B.E. 2535:
"The word father under (1) shall inclusively mean a person having been proved to be the father of the new born in accordance with the method prescribed under the Ministerial Regulation even such person has neither made marriage registration with the mother of the new born nor child legitimation registration."
Section 7 The contents under paragraph two and paragraph three of Section 7 bis of Nationality Act, B.E. 2508, which have been revised by Nationality Act, (No.2), B.E. 2535, shall be repealed and superseded by the following contents:
"In the case where it is expedient, the Minister may consider or order, individually or generally, the persons in accordance with paragraph one above to acquire Thai nationality in accordance with the rules prescribed by the Council of Ministers.
Section 8 The contents under (2) of Section 11 of Nationality Act, B.E. 2508, shall be repealed and superseded by the following contents:
"(2) Being a child, wife or husband of a person whose nationality has been naturalized or revived to Thai."
Section 9 The following contents shall be added thereto as (4) of Section 11 of Nationality Act, B.E. 2508:
"(4) Being the husband of the person whose nationality is Thai."
Section 10 The contents under paragraph four of Section 12 of Nationality Act, B.E. 2508, shall be repealed and superseded by the following contents:
"Upon the Announcement in accordance with Section 5 has been made, the competent official shall issue the Thai Nationality Naturalization Certificate to such person as an evidence."
Section 11 The following contents shall be added thereto as Section 12/1 in Chapter 1 - Acquisition of Thai Nationality, of Nationality Act, B.E. 2508:
"Section 12/1 Regarding an application for Thai naturalization in accordance with Section 12, the other person may apply for it on behalf of a non-Thai nationality person having residence in Thailand in the following cases:
(1) The judgment curator may apply for Thai naturalization for an incompetent person having the evidences to convincingly show the officials to believe that such incompetent person was born in the Kingdom of Thailand which, in this connection, he/she shall be excepted from possessing qualifications required under Section 10 (3) and (5) and, in addition, the Minister may leniently except him/her from making an oath."
(2) The guardian of government foster home prescribed by the Minister, once having already received a consent from a minor, may apply for Thai naturalization for such minor under care of the foster home for a period of not less than ten years which, in this connection, such minor shall be excepted from possessing qualifications required under Section 10 (1) and (3).
(3) A Thai national child adopter may apply for Thai naturalization for his/her adopted child being not sui juris where child adoption registration has been made for a period of not less than five years and bearing evidences to convincingly show the officials to believe that the adopted child was born in the Kingdom of Thailand which, in this connection, such adopted child shall be excepted from possessing qualifications required under Section 10 (1) and (3).
An application for Thai naturalization on behalf of the other person under paragraph one above shall be in accordance with the rules, procedures and conditions prescribed under the Ministerial Regulation."
Section 12 The contents under Section 13 of Nationality Act, B.E. 2508, shall be repealed and superseded by the following contents:
"Section 13 A man or woman of Thai nationality married to an alien and may hold the nationality of either the wife or husband in accordance with the Law Governing Nationality of Wife or Husband, if desiring to relinquish his/her Thai nationality, shall so express his/her desire to the competent official in accordance with the formats and procedures prescribed under the Ministerial Regulation."
Section 13 The contents under Section 14 of Nationality Act, B.E. 2508, which has been revised by Nationality Act, (No.3), B.E. 2535, shall be repealed and superseded by the following contents:
"Section 14 A Thai national person having been born while his/her father or mother is an alien and is given the nationality of either his/her father or mother in accordance with the Law Governing the Nationality of Father or Mother or a person attaining the Thai nationality in accordance with paragraph two of Section 12 or Section 12/1 (2) and (3), if desiring to continue holding such other nationality, shall express his/her desire to the competent official to relinquish his/her Thai nationality in accordance with the formats and procedures prescribed under the Ministerial Regulation within one year from date of reaching his/her age of full 20 years."
Once such desire has already been considered and the official is of the view that the substantiated evidence bears a reasonable ground to believe that such person may be capable to actually hold the nationality of either his/her father or mother or such other nationality, the Minister shall then granted the permission in accordance with his/her desire unless otherwise Thailand has been engaged in a battle or under war situation which, in this connection, the Minister may issue an order putting a stop to any case of relinquishment of Thai nationality."
Section 14 The following contents shall be added thereto as Section 16 of Nationality Act, B.E. 2508:
"A revocation of Thai nationality in accordance with paragraph one above shall be the power of the Minister."
Section 15 The contents under Section 17 of Nationality Act, B.E. 2508, shall be repealed and superseded by the following contents:
"Section 17 The Thai nationality of a person attaining the Thai nationality because of having been born in the Kingdom of Thailand where whose father or mother is an alien may be revoked if it appears
(1) that such person is living in the foreign country of which his/her father or mother used to be the nationality for a consecutive period of over five years from the date of reaching his/her legal age.
(2) that there is an evidence manifesting that such person is still using the nationality of his/her father or mother or such other nationality or concentrating in the nationality of his/her father or mother or such other nationality.
(3) that such person has committed any acts adversely affecting national security or conflicting the state interest or insulting the nation.
(4) that such person has committed any acts contradictory to the public peace and order as well as good morality.
The revocation of Thai nationality under (1) or (2) shall be ordered by the Minister while the revocation of Thai nationality under (3) or (4) shall be ordered by the Court upon requested by the Public Prosecutor."
Section 16 The contents under Section 20 of Nationality Act, B.E. 2508, shall be repealed.
Section 17 The contents under Section 21 of Nationality Act, B.E. 2508, which has been revised by Nationality Act, (No.2), B.E. 2535, shall be repealed and superseded by the following contents:
"Section 21 A Thai national person having been born while his/her father or mother is an alien and may be capable to hold the nationality of either his/her father or mother in accordance with the Law Governing the Nationality of Father or Mother, shall lose his/her Thai nationality upon receiving an Alien Identification Card in accordance with the Law Governing Alien Register."
Section 18 The contents under paragraph one of Section 23 of Nationality Act, B.E. 2508, shall be repealed and superseded by the following contents:
"Section 23 A Thai national man or woman who relinquishing his/her Thai nationality in the case of having been married to an alien in accordance with Section 13, shall have the right to apply for the revival of his/her Thai nationality if his/her marriage has been completely dissolved regardless of whatever the reasons."
Section 19 The following contents shall be added thereto as Chapter 4 Nationality Scrutiny Committee, Section 25, Section 26, Section 27, Section 28 and Section 29 of Nationality Act, B.E. 2508, shall be repealed and superseded by the following contents:
"Chapter 4 Nationality
Scrutiny Committee
Section 25 There shall be a Nationality Scrutiny Committee consisting of (1) Permanent Secretary for Interior as Chairman,
(2) Representative of Ministry of Defense, Ministry of Foreign Affairs, Ministry of Social Development and Human Security, Ministry of Justice, Ministry of Labor, Office of National Security Council, Office of the Attorney-General, Office of National Police, Office of National Intelligence Agency, Office of Narcotics Control Board and Office of Internal Security Operations Command as members ex officio.
(3) Qualified persons not exceeding six of them appointed by the Minister from people evidently skillful and experienced in the work on the aspect of nationality as member.
Department of Local Administration Director-General shall be a member and Secretary and he shall appoint two officials of Department of Local Administration as Assistant Secretaries.
Section 26 Qualified members shall have each term in office for a period of two years and may be re-appointed but shall not exceed two consecutive terms.
Section 27 The Committee shall have the duty to give recommendations and opinions to the Minister in exercising his powers under Section 7 bis, Section 9, Section 11, Section 12, Section 12/1, Section 14, Section 15, Section 16, Section 17, Section 18, Section 19 and Section 24 and issuing Ministerial Regulations under this Act. In exercising such powers and proceeding such actions, the Minister shall as well listen to the recommendations and opinions of the Committee.
Section 28 The Committee shall have the power to appoint a Sub-Committee to carry out operations as assigned by the Committee.
Section 29 The provisions governing the Committee having the power on the administrative procedure consideration in accordance with the Law Governing the Administrative Practice Procedure shall apply to the appointment of the Committee, qualified,
persons, the vacating of office of qualified persons and the meetings of the Committee and Sub-Committee mutatis mutandis."
Section 20 The rates of fee specified under the Schedule attached with Nationality Act, B.E. 2508, shall be rescinded and superseded by the rates of fee attached herewith.
Section 21 The provisions under paragraph two of Section 7 of Nationality Act, B.E. 2508, which has been amended by this Act shall be enforceable upon the new born, born prior to the date on which this Act has been come into force, as well.
Section 22 The provisions under paragraph three of Section 7 his of Nationality Act, B.E. 2508, which has been amended by Nationality Act, (No.2), RE. 2535 and this Act, shall be enforceable upon the new born, born prior to the date on which this Act has been come into force, as well.
Section 23 All persons previously used to be of Thai nationality because of having been born in the Kingdom of Thailand but their Thai nationality were revoked in accordance with Clause 1 of the Revolutionary Party Announcement No. 337, dated 13 December 1972 and persons born in the Kingdom of ThaiIand but have not been given Thai nationality in accordance with Clause 2 of the Revolutionary Party Announcement No. 337, dated 13 December 1972, including descendants of such persons born in the Kingdom of Thailand prior to the date on which this Act has come into force and have not been given Thai nationality in accordance with paragraph one of Section 7 his of Nationality Act, B.E. 2508, which has been revised by Nationality Act, (No.2), B.E. 2535, if those persons have actually and consecutively been living in the Kingdom of Thailand by having evidences being the Civil Registration Documentation, citing them as persons of good conducts, doing things beneficial to sociality or Thailand, Thai nationality shall be given to such persons from the date on which this Act has come into force except the persons having already attained the Thai nationality by virtue of the Minister's orders prior to this Act has come into force.
After the elapse of ninety days from the date on which this Act has been put into force, persons qualified under paragraph one above shall submit the applications to their respective District or Local Registrars to have the particulars of nationalities documented in Civil Registrations of the localities in which those persons are currently residing.
Section 24 All Ministerial Regulations, announcements, rules or orders issued under Nationality Act, B.E. 2008 and Nationality Act, (No.2), B.E. 2535, in force prior to the date on which this Act has come into force, shall continue to be enforceable so long as they are not contradictory to or inconsistent with the provisions of this Act until there shall be Ministerial Regulations, announcements, rules or orders being issued under this Act.
Section 25 Within the period of one hundred and eighty days from the date on which this Act has been put into force, the provisions under Section 27 of Nationality Act, B.E. 2508 which has been amended by this Act shall not apply to the Minister's exercises of powers under Section 7 bis, Section 9, Section 11, Section 12, Section 12/1, Section 14, Section 15, Section 16, Section 17, Section 18, Section 19 and Section 24 and issuance of Ministerial Regulations in accordance with this Act.
Section 26 Interior Minister shall have charge and control over the executions in accordance with this Act.
Countersigned by General
Surayuth Chulanond, Prime
Minister
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