Translation:Personal Names Act, 2505 BE

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Personal Names Act, 2505 BE (1962)
Constitution Drafting Assembly of Thailand, translated from Thai by Wikisource
1218915Personal Names Act, 2505 BE1962Constitution Drafting Assembly of Thailand

Volume 79, Special Issue
Special Edition, Page 5
Royal Gazette

23 November 2505

Seal of the Royal Command
Seal of the Royal Command

Personal Names
Act,
2505 BE


Bhumibol Adulyadej R
Given on the 15th day of November 2505 BE
Being the 17th 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 improve the law on personal names;

Therefore, by and with the advice and consent of the Constitution Drafting Assembly serving as the National Assembly, He orders with His gracious pleasure that the following Act be enacted:

Section1.This Act is called the "Personal Names Act, 2505 BE".

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

Section3.Repealed shall be—

(1)Designation of Family Names Act, 2456 Buddhist Era;

(2)Additional Royal Ordinance on Designation of Family Names, 2465 Buddhist Era;

(3)Designation of Family Names Act (No. 2), 2481 Buddhist Era;

(4)Personal Names Act, 2484 Buddhist Era.

All provisions of other laws, statutes, and rules which have already been incorporated into this Act or which are contrary or repugnant to the provisions of this Act shall be repealed by this Act.

Section4.In this Act—

"given name" means the name which identifies a person;

"secondary name" means a supplementary name next to the given name;

"family name" means the name which identifies a family;

"registrar" means a local registrar, provincial registrar, or central registrar appointed by the Minister to execute this Act;

"Minister" means the Minister in charge of the execution of this Act.

Section5.A Thai national must have a given name and a family name and may have a secondary name.

Section6.No given name or secondary name shall be identical or intended to be similar to the name of the King, the name of the Queen, or a royally conferred name, nor shall it contain an impolite word or meaning.

Section7.A recipient of a noble title, or a recipient of a noble title who has lost such noble title not by cause of recall, may use the royally conferred name according to such noble title as his given name or secondary name.

Section8.No family name—

(1)shall be identical or intended to be similar to the name of the King or the name of the Queen;

(2)shall be identical or intended to be similar to a royally conferred name, save where the royally conferred name is owned by the person himself, by his ascendant, or by his descendant;

(3)shall duplicate a family name granted by a king or family name already registered;

(4)shall contain an impolite word or meaning;

(5)shall contain more than ten consonants, save where a royally conferred name is used as a family name.

Section9.Any Thai national who desires to register the creation of a family name shall make an application to a local registrar of the locality in the household register of which his name is contained according to the law on civil registration.

When the local registrar considers and finds that the family name the creation of which is applied for [registration] is not contrary to this Act, he shall further submit it to [the relevant officers] according to their order [of precedence] until it reaches the central registrar. Once approval has been obtained from the central registrar, the local registrar shall accept to register the family name and issue a certificate indicating the registration of the family name to the applicant.

Execution of this section shall be in accordance with the criteria and procedure designated in a ministerial statute.

Section10.A family name lawfully registered prior to the day of coming into force of this Act shall be deemed as if having been registered under this Act.

Section11.A person for whom the creation of a family name has been registered may permit any Thai national to share such family name by making an application to a local registrar of the locality in the household register of which his name is contained according to the law on civil registration.

The granting of permission according to this section shall be valid only when the local registrar has issued to the person who is to use the family name a certificate indicating that the use of the family name has been permitted.

Section12.A woman who has a husband shall use the family name of the husband.

Section13.A woman whose marriage ends by divorce shall return to her former family name.

Section14.A woman whose marriage ends by death of her husband shall use the family name of the husband.

Section15.A person fostering children or owning a hospital, asylum, or child maintenance institution who desires to register the creation of family names for joint or separate use by the foster children or children at the said place who are Thai nationals without family names, shall make an application to a local registrar of the locality in the household register of which the name of the foster person is contained according to the law on civil registration or of the locality where the said place is, and the stipulations of paragraph 2 and paragraph 3 of section 9 shall apply mutatis mutandis.

Section16.If desiring to change the given name or secondary name, a person who already has a given name or secondary name shall make an application to a local registrar of the locality in the household register of which his name is contained according to the law on civil registration. When the local registrar finds that the new given name or secondary name applied for is not contrary to this Act, he shall grant the application and issue a certificate indicating the change to [the applicant].

Section17.If desiring to create a new family name, a person who already has a family name shall make an application to a local registrar of the locality in the household register of which his name is contained according to the law on civil registration, and the provisions of paragraph 2 and paragraph 3 of section 9 shall apply mutatis mutandis.

Section18.In the event that a local registrar gives an order refusing to register a family name, the applicant for registration of the family name has the right to appeal the order of the local registrar to the Minister within thirty days from the day he learns of the order. The appeal shall be filed with the local registrar.

The ruling of the Minister shall be final.

Section19.Whoever wishes to use a royally conferred name owned by himself, by his ascendant, or by his descendant as his family name shall make an application to a local registrar of the locality in the household register of which his name is contained according to the law on civil registration, and the local registrar shall further submit it to [the relevant officers] according to their order [of precedence] until it reaches the central registrar.

When the central registrar finds it appropriate, he shall make a submission to the Minister in order for the latter to bring the matter before [the King]. Once the royal permission has been obtained, the local registrar shall accept to register the family name and issue a certificate indicating the registration of the family name to the applicant.

Section20.The Minister of Interior shall be in charge of the execution of this Act and shall have the power to appoint registrars and issue ministerial statutes designating fees not exceeding the rate at the end of this Act and designating other matters for the execution of this Act.

Those ministerial statutes shall come into force upon publication in the Royal Gazette.

Countersignature
Field Marshal S Thanarat
Prime Minister

Rate of fees
(1) Certificates of change of given names or secondary names 25 baht each
(2) Certificates of registration of creation or change of family names 50 baht each
(3) Substitutes for a certificate under (1) or (2) 5 baht each

Note: The reasons for promulgation of this Act are as follows: Whereas the registration of and the making of applications for change of given names, secondary names, or family names and the making of applications for joint use of a family name according to old laws are still inconvenient and unsuitable for the situations at present, they should be improved in order to increase convenience, expeditiousness, and suitability.

 This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

  1. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;
  2. the constitution and legislation;'
  3. regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;
  4. judicial decisions, orders, decisions and official reports;
  5. translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

Public domainPublic domainfalsefalse

Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

Public domainPublic domainfalsefalse