Translation:Amendment to the Constitution of the Kingdom of Thailand (No. 2), 2554 Buddhist Era

by National Assembly of Thailand

Seal of the Royal Command

Amendment to
the Constitution of the Kingdom of Thailand (No. 2),
2554 Buddhist Era

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Bhumibol Adulyadej R
Given on the 3rd day of March 2554 BE
Being the 66th year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand;

Therefore, He orders with His gracious pleasure that the following Amendment to the Constitution of the Kingdom of Thailand be enacted:

Section⁠1.⁠This Constitution is called the "Amendment to the Constitution of the Kingdom of Thailand (No. 2), 2554 Buddhist Era".

Section⁠2.⁠This Constitution shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Section⁠3.⁠The stipulations of section 190 of the Constitution of the Kingdom of Thailand shall be repealed and replaced by the following stipulations:

"Section⁠190.⁠The Monarch wields the prerogative to conclude written agreements of peace, agreements for pacification of war, and other agreements with foreign countries or international organisations.

Any written agreement which provides for a change in the territory of Thailand or an extraterritorial area over which Thailand has a sovereign right or has jurisdiction in accordance with a written agreement or international law, or which requires the issuance of an act for its implementation, or which extensively affects the economic or social security of the Country, or which has a significant binding effect upon trade, investment, or budget of the Country, must obtain approval of the National Assembly. In this respect, the National Assembly must finish its consideration within sixty days counted from the day of its receipt of the said matter.

Before the proceedings for conclusion of a written agreement with a foreign country or international organisation in accordance with paragraph 2, the Council of Ministers must provide information to and organise the hearing of opinions of the people, and must explain about that written agreement to the National Assembly. In this respect, the Council of Ministers must introduce the negotiation framework to the National Assembly for approval also.

After having signed the written agreement under paragraph 2 and before expressing the intention to be bound thereby, the Council of Ministers must enable the people to access the details of such written agreement. And in the case that the observance of the said written agreement affects the people or small and medium sized entrepreneurs, the Council of Ministers must, in an expeditious, suitable, and fair manner, effect rectification or remedy for those who have been affected thereby.

There shall be a law on the designation of types, negotiation frameworks, processes, and procedure for the conclusion of written agreements which extensively affects the economic or social security of the Country or has a significant binding effect upon trade, investment, or budget of the Country, as well as the rectification or remedy for those who have been affected by the observance of the said written agreement, in respect of which regard shall be had to fairness between those benefited and those affected by the observance of the written agreement and the people in general.

In the case that a problem according to paragraph 2 occurs, it shall be the power of the Constitutional Court to give a decisive ruling, in respect of which the provisions of section 154(1) shall apply mutatis mutandis to the referral of the matter to the Constitutional Court."

Section⁠4.⁠Proceedings shall be executed for bringing into existence within one year counted from the day of promulgation of this Constitution the law under section 190 of the Constitution of the Kingdom of Thailand as amended by this Constitution.

Countersignatory:
Abhisit Vejjajiva
Prime Minister

Note: The grounds for promulgation of this Amendment to the Constitution of the Kingdom of Thailand are as follows: Whereas, due to insufficient clarity, there still are different understandings about the provisions of the Constitution of the Kingdom of Thailand which concern the written agreements concluded by the Government with foreign countries or international organisations in the matters that extensively affect the economic or social security of the Country or have a significant binding effect upon trade, investment, or budget of the Country, and this results in obstacle to the execution of the foreign policy of the State; it is appropriate to make an amendment by allowing the enactment of a law designating the details as to the types of written agreements which will have to be introduced to the National Assembly for approval, so as to enhance of the clarity [of those provisions] which would enable them to be correctly observed in the future. It is therefore necessary to enact this Constitution.

Bibliography

• "Ratthathammanun Haeng Ratcha-anachak Thai Kaekhaiphoemtoem (Chabap Thi Song) Phutthasakkarat Song Phan Ha Roi Hasip Si" [Amendment to the Constitution of the Kingdom of Thailand (No. 2), 2554 Buddhist Era]. (2014, 3 April). Ratchakitchanubeksa [Royal Gazette], 128(13A), 7–9. (In Thai).