Unofficial Translation ENGINEER ACT, B.E. 2542 (1999)210.246.148.76/thaiquest/getFileProxy/comment.aspx... · accounts for a declining of the profession’s esteem; (i) standard in

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Unofficial Translation

ENGINEER ACT, B.E. 2542 (1999)1

BHUMIBOL ADULYADEJ, REX;

Given on the 19th Day of November B.E. 2542; Being the 54th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to revise the law on professional engineering; This Act contains certain provisions in relation to the restriction of right and liberty of person, in respect of which section 29 in conjunction with section 39, and section 50 of the Constitution of the Kingdom of Thailand so permit by virtue of law; Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows: Section 1. This Act is called the “Engineer Act, B.E. 2542 (1999)”. Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.2 Section 3. The following shall be repealed: (1) Professional Engineering Act, B.E. 2505 (1962); (2) Professional Engineering Act (No. 2), B.E. 2512 (1969); (3) Professional Engineering Act (No. 3), B.E. 2520 (1977).

1 Translated by Mr. Tanongsak Mahakusol under contract for the Office of the Council of State of Thailand's Law for ASEAN project.- Initial version- pending review and approval. 2 Published in the Government Gazette, Vol. 116, Part 120 a, dated 29th November, B.E. 2542 (1999).


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Section 4. In this Act: “Professional engineering” means professional engineering in the fields of civil engineering, mining engineering, mechanical engineering, electrical engineering, industrial engineering, and other fields as prescribed in the Ministerial Regulation. “Controlled professional engineering” means professional engineering as prescribed in the Ministerial Regulation. “Licence” means a licence to practice the controlled professional engineering in this Act. “Controlled professional engineering practitioner” means a person who is licenced to practice the controlled professional engineering by the Council of Engineers. “Member” means a member of the Council of Engineers. “Committee member” means a committee member of the Council of Engineers. “Committee” means a committee of the Council of Engineers. “Secretary-general” means a secretary-general of the Council of Engineers. “Competent official” means a person appointed by the Minister to execute this Act. “Minister” means the Minister in charge and control of the execution of this Act. Section 5. The Minister of Interior shall have charge and control of the execution of this Act and shall have the power to appoint the competent official and shall have the power to issue Ministerial Regulations prescribing fees not exceeding the rates provided in the schedules hereto attached, and issue the Ministerial Regulations for the execution of this Act. The Ministerial Regulation shall come into force upon its publication in the Government Gazette.


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CHAPTER I Council of Engineers

Section 6. There shall be the Council of Engineers whose objectives and, powers and duties are hereby prescribed within this Act. The Council of Engineers shall be a juristic person. Section 7. The objectives of the Council of Engineers shall be as follows: (1) to promote an education, research, and practice of the professional engineering; (2) to promote a unity and to conciliate disputes among members; (3) to promote a welfare and to honor a prestige among members; (4) to control a behavior and operation of the controlled professional engineering practitioner in compliance with the standards and ethics of the professional engineering; (5) to assist, advise, disseminate, and provide any academic service to the people and other organizations in connection with a science and technology engineering; (6) to provide consultation or recommendation to the government in connection with the engineering and technological problems and policies; (7) being a representative of the professional engineering practitioner of Thailand; (8) to execute any other activities as prescribed in the Ministerial Regulations. Section 8. The Council of Engineers shall have the powers and duties as follows: (1) to issue a licence to applicants who apply for practicing the controlled professional engineering; (2) to suspend the licence or revoke the licence;


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(3) to certify academic degree, certificate, or certificate of proficiency in practicing the controlled professional engineering; (4) to certify knowledge and expertise in practicing the controlled professional engineering; (5) to propose recommendations to the Minister in connection with the determination and termination of the field in controlled professional engineering; (6) to enact regulations of the Council of Engineers which govern the followings: (a) prescribing the prohibitions under section 12 (6) (b) admission of members, membership registration fees, maintenance fees, and the fee to be collected from the members or third persons; (c) selection and election of the committee members under section 32; (d) issuance of licence, term of licence, suspension of licence, revocation of licence, and a certification of knowledge and expertise in practicing the controlled professional engineering; (e) qualifications, terms in office, and vacating of office of the inspector under section 20 paragraph two; (f) criteria and qualifications of the licence applicant for each level under section 46; (g) qualifications and prohibitions of the applicants under section 49; (h) professional engineering ethics and a violation of ethics which accounts for a declining of the profession’s esteem; (i) standard in practicing the controlled professional engineering; (j) holding a general meeting of the Council of Engineers; (k) any other activities as prescribed in this Act. Such regulations of the Council of Engineers shall be approved by the chancellor and shall come into force upon their publication in the Government Gazette. (7) to execute in accordance with the objectives of the Council of Engineers.


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Section 9. The Council of Engineers may have the following incomes: (1) membership registration fee, maintenance fee, and a fee under this Act; (2) subsidy from the national budget; (3) benefit from a management of property and an operation of the Council

of Engineers; (4) money and property bestowed to the Council of Engineers; (5) fruit from the money and property under (1) (2) (3) and (4). Section 10. The Minister shall hold an office of the chancellor of the Council

of Engineers and shall have the powers and duties as prescribed in this Act.

CHAPTER II Member

Section 11. Member of the Council of Engineers shall be categorized into

three types as follows: (1) ordinary member; (2) extraordinary member; (3) honorary member. Section 12. An ordinary member shall have qualifications and not be under

the prohibitions as follows: (1) being not less than eighteen years of age; (2) being of Thai nationality; (3) equipping with knowledge in professional engineering by obtaining an

academic degree, certificate, or certificate of proficiency equivalent to an academic degree in the field of engineering certified by the Council of Engineers;

(4) not having violated the ethics which would account for a declining of the profession’s esteem as prescribed in the regulation of the Council of Engineers;


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(5) not having been sentenced by a final judgment to imprisonment in case of ethics violation which would account for a declining of the profession’s esteem as prescribed in the regulation of the Council of Engineers;

(6) not being a person of unsound mind, mental infirmity, or infected with a disease as prescribed in the regulation of the Council of Engineers.

An extraordinary member shall be a person who practices in the field relating to professional engineering and shall have qualifications and not be under the prohibitions as prescribed in the regulation of the Council of Engineers.

An honorary member includes qualified persons appointed by the general meeting of the Council of Engineers. Section 13. Rights and duties of an ordinary member shall be as follows: (1) to express an opinion in the general meeting of the Council of Engineers; (2) to cast a vote in the general meeting of the Council of Engineers; (3) to express an opinion and to question in writing in connection with an activity of the Council of Engineers submitted to the committee for consideration and in case where members collectively amounting to fifty persons or more propose to the committee for considering the issue relating to the activity of the Council of Engineers, the committee shall consider and notify the result of such consideration to the proposer for acknowledgement without delay; (4) to select, be elected, or appointed to be the committee member; (5) to pay for a member registration fee and maintenance fee as prescribed in the regulation of the Council of Engineers; (6) to uphold a profession’s esteem and perform in accordance with this Act. An extraordinary member and honorary member shall have the rights and duties similar to those of the ordinary member except the rights and duties under (2) and (4). Section 14. A membership of member shall be terminated upon: (1) death;


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(2) resignation; (3) the committee resolves that the member be vacated due to a lack of qualifications under section 12 for an ordinary member and extraordinary member, as the case may be; (4) the general meeting of the Council of Engineers resolves that an appointment of an honorary member be revoked; (5) failure to pay membership registration fee or maintenance fee without reasonable ground as prescribed in the regulation of the Council of Engineers; (6) the Council of Engineers resolves that a licence be revoked under section 64. Section 15. An ordinary general meeting of members shall be held once a year. All other general meetings shall be called extraordinary meeting. Section 16. A general meeting shall be held by the committee as necessary. An ordinary member may request that an extraordinary meeting be held in accordance with the criteria and procedure as prescribed in the regulation of the Council of Engineers. In such case, the committee shall summon the extraordinary meeting within thirty days from the date of receiving such request. Section 17. In a general meeting of the Council of Engineers, if ordinary members presented do not reach two hundred persons and such meeting is summoned upon request of the members, such meeting shall be cancelled thereon. If the general meeting is not held by a request of members, such meeting shall be adjourned and the President of the Council of Engineers shall resummon the general meeting within forty-five days. Section 18. In a general meeting of the Council of Engineers, the President of the Council of Engineers shall preside as a chairperson. In case where the President of the


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Council of Engineers is not present or is unable to perform the duty, the Vice President of the Council of Engineers acting on behalf under section 34 shall preside as a chairperson. If both the President and the Vice President are not present at the meeting or are unable to perform their duties, attending members shall select one member to preside as a chairperson. Section 19. In an ordinary general meeting, the business that should be executed shall include: (1) approval of an annual operating plan of the committee; (2) consideration and approval of an annual balance sheet of the Council of Engineers; (3) appointing an auditor and fixing a remuneration of the auditor. Section 20. The general meeting of the Council of Engineer shall appoint one or more inspectors from members or third person. The qualifications, term in office, and a vacating of office shall be in accordance with the prescribed regulation of the Council of Engineers. The inspector shall have the power and duty to inspect an operation of the committee and shall submit a report to the general meeting of the Council of Engineers thereof. Section 21. By inspecting an operation of the committee, an inspector shall have the power to enter any Council of Engineer’s place of business during the office hours and shall have a person concerned provides convenience, assists, or gives explanation to the inspector as deemed proper to the case.

Section 22. The committee member, subcommittee member, official of the Council of Engineers, employee, and a representative of the Council of Engineers shall have a duty to submit any document or evidence kept by or in custody of themselves to an


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inspector and shall give explanation in connection with any operation of the Council of Engineers’ business upon request by the inspector.

Section 23. In case where it is found that the committee fails to operate its

business according to an annual operating plan or operate business in a manner which is prone to cause damages or in contradiction with an objective of the Council of Engineers, an inspector shall notify the general meeting of the Council of Engineers or ordinary members as the inspector deems appropriate for consideration in taking further action.

CHAPTER III Committee

Section 24. There shall be a committee of the Council of Engineers consisting of: (1) ten committee members elected from ordinary members by the ordinary members and such committee members shall not hold an office as a faculty member in an institution of higher education of academic degree; (2) five committee members elected from the ordinary members by the ordinary members and such committee members shall hold an office as a faculty member in an institution of higher education of academic degree; (3) five committee members appointed by the Council of Ministers from the ordinary members whose names are proposed by the Minister. The election and appointment of the committee members under paragraph one shall take into consideration a proper ratio of the ordinary members from various fields of the controlled engineering. Section 25. After an appointment of the committee members and an outcome of the committee members under section 24 is known, the chancellor shall determine that the meeting of the committee be held within thirty days and it shall be deemed that such meeting day is the first date of term in office as the committee member.


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Section 26. The committee shall select one committee member for holding an office in each of the President, First Vice-President, and Second Vice-President position of the Council of Engineers. Subject to the committee’s approval, the President of the Council of Engineers shall select one committee member for holding an office in each of the secretary-general and treasurer position and may select the committee members for holding offices in other positions as deemed necessary. Subject to the committee’s approval, the President of the Council of Engineers shall have the power to remove the secretary-general, treasurer, and other positions under paragraph two from the office. The term in office of the President, First Vice-President, and Second Vice-President of the Council of Engineers shall be in accordance with the term in office of the committee members so elected. When the President of the Council of Engineers is vacated from the office, the secretary-general, treasurer, and other positions under paragraph two shall be vacated as well. Section 27. The committee member shall have qualifications and not be under the prohibitions, as follows: (1) having been granted a licence in a professional engineer level for not less than ten years or having been granted a licence in a senior professional engineer level;

(2) never having been ordered a suspension or revocation of licence; (3) not being bankrupt. Section 28. The committee member shall have each term in office for three

years. The elected committee member shall not hold an office for more than two consecutive terms.

The committee members who vacate office shall remain in office to continue their duties until the new committee members are appointed or elected.


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Section 29. Apart from vacating office due to an expiration of term, the committee members shall vacate from the office as follows:

(1) termination of membership under section 14; (2) disqualification under section 27; (3) resignation; (4) the Council of Engineers resolves for a dismissal of office not less than

two-thirds of the vote from the members presented at the meeting; (5) the elected positions of the committee members are collectively vacated

more than half of all elected committee members and the remaining term in office of the committee members are less than ninety days;

(6) the Minister by an approval of the Council of Ministers instructs to remove from office under section 69.

Section 30. If the elected committee member positions are vacated prior to

an expiration of term in office, the committee shall select the members who are qualified under section 27, and section 24 (1) or (2), as the case may be, to replace as committee members within thirty days from the date such committee member positions has been vacated. If the remaining term in office of the committee member is less than ninety days, the committee may or may not have a replacing election of the committee members.

In case where the positions of the committee member under paragraph one are vacated collectively more than half of all the elected committee members and the remaining term of the committee members is more than ninety days, a general meeting for election shall be held to replace the vacated committee member positions.

The person so selected or elected shall replace in an office for the term equivalent to the remaining term of the person so replaced.

Section 31. When an elected committee member position under section 24

(3) is vacated prior to an expiration of term, a committee member shall be appointed to replace a vacated position within thirty days from the date of vacating. Nevertheless, if the


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remaining term of the committee member is less than ninety days, such replacement may or may not be made.

The appointed person shall hold an office only for a remaining term of the person so replaced.

Section 32. An election of the committee members under section 24 (1) and

(2), a selection of committee members for holding offices under section 26, and the selection or election of the committee members under section 30 shall be in accordance with the regulation of the Council of Engineers.

Section 33. The committee shall have the powers and duties, as follows: (1) to administer and operate in accordance with the objectives and the

regulation of the Council of Engineers; (2) to supervise and execute the law against any person who acts in violation

with this Act; (3) to issue the committee’s rules on any matter according to the

committee’s duties under this Act or as assigned by the general meeting of the Council of Engineers;

(4) to determine an operation plan and budget of the Council of Engineers; (5) to make a decision on appeal which are filed by the licencee against the

decision of the ethics committee under section 62. Section 34. The President of the Council of Engineers, First Vice-President,

Second Vice-President, secretary-general, and treasurer shall have the powers and duties, as follows:

(1) the President of the Council of Engineers shall have the powers and duties as follows:

(A) being a representative of the Council of Engineers in any activities in connection with third persons;


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(B) being a chairperson in the committee meetings and general meeting of the Council of Engineers;

(C) to operate any business of the Council of Engineers so as to be in compliance with the committee’s resolutions.

(2) the First Vice-President of the Council of Engineers shall be an assistant of the President of the Council of Engineers in any activities under the powers and duties of the President of the Council of Engineers as assigned by the President of the Council of Engineers and shall act on behalf of the President of the Council of Engineers upon an absent or unable to perform duties of the President of the Council of Engineers;

(3) the Second Vice-President of the Council of Engineers shall be an assistant of the President of the Council of Engineers in any activities under the powers and duties of the President of the Council of Engineers as assigned by the President of the Council of Engineers and shall act on behalf of the President of the Council of Engineers upon an absent or unable to perform duties of the President and First Vice-President of the Council of Engineers;

(4) the secretary-general shall have the powers and duties, as follow: (A) to control and command all levels of officials in the Council of

Engineers; (B) to act as a secretary in the committee meeting and the general

meeting of the Council of Engineers; (C) to operate in accordance with an assignment of the President of

the Council of Engineers; (5) the treasurer shall have the powers and duties to control, supervise, and

be responsible for accounting, finance, and budget of the Council of Engineers. The President of the Council of Engineers may assign the Vice-President,

committee member, secretary-general, treasurer or official of the Council of Engineers to carry out any action on behalf as prescribed in the regulation of the Council of Engineers.


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CHAPTER IV Committee Operation

Section 35. A quorum of the committee meeting must be presented by no

less than half of a total number of the committee members. The President of the Council of Engineers shall preside at the meeting. In case

where the President of the Council of Engineers is absent from the meeting or unable to perform a duty, the Vice-President of the Council of Engineers acting on behalf under section 34 shall preside at the meeting. If the President and the Vice-President are absent from the meeting or unable to perform their duties, the committee members presented shall select one committee member to preside at the meeting.

A resolution of the meeting shall be decided by majority vote. Each committee member shall have one vote. In case where a voting result is equal, the chairperson of the meeting shall be entitled to a second or a casting vote.

In case of the revocation of membership under section 14 (3), the resolution of the meeting shall require no less than two-thirds voting of the committee members presented.

Section 36. The chancellor may attend a meeting and give explanation or

express an opinion in the committee meeting or express an opinion in writing submitted to the Council of Engineers in any matter.

Section 37. By operating the committee’s business, the committee shall

make an annual operating plan and budget proposed to the general meeting of the Council of Engineers. Upon an approval by the meeting, such plan and budget shall be operated.

Within one hundred and twenty days from the date at the end of the calendar year, the committee shall make an annual report demonstrating works of the committee in a previous year, an explanation of policies together with a balance sheet and


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an account of earnings and expenses certified by a legal auditor under the law on certified public accountant proposed to the general meeting of the Council of Engineers.

Section 38. The committee may appoint a subcommittee for consideration or

operation in any matter on behalf of the committee. A meeting of the subcommittee shall be in accordance with the rule of the

committee. Section 39. The Office of the Council of Engineers shall be established to

perform all of the administrative duties for the committee and the Council of Engineers. Section 40. The President of the Council of Engineers shall appoint a chief of

the Office of the Council of Engineers in accordance with the committee’s resolution from the persons having qualifications and not being under the prohibitions as follows:

(1) being of Thai nationality; (2) being not less than thirty years of age; (3) being not bankrupt, unsound mind, incompetent, or quasi incompetent; (4) having not been sentenced by a final judgment to imprisonment except

for an offence committed through negligence or a petty offence; (5) any other qualifications prescribed by the committee. Section 41. A holding of office, vacating of office, determination of wages,

and other conditions of employment in a position of a chief of the Office of the Council of Engineers shall be in accordance with an employment contract prescribed by the Council of Engineers.

Section 42. A chief of the Office of the Council of Engineer shall have the

powers and duties as follows: (1) to control and be responsible for general administrative works of the

Council of Engineers;


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(2) to oversee and keep the registers of members, registers of the licencees, and other registers of the Council of Engineers;

(3) to control and supervise over properties of the Council of Engineers; (4) to operate any other activities as assigned by the committee or the

secretary-general.

CHAPTER V Regulation of the Council of Engineers

Section 43. A draft of regulation of the Council of Engineers may be solely

proposed by the committee or the ordinary members. A proposal of the draft of regulation of the Council of Engineers by the

ordinary members shall be allowed provided that such proposal is certified by not less than one hundred ordinary members.

The committee shall hold a general meeting of the Council of Engineers to consider the proposed draft of regulation of the Council of Engineers as deemed appropriate to the case. The matter to be considered for such draft of regulation of the Council of Engineer must not be proposed as an unfixed agenda. Such matter must be clearly demonstrated as an agenda in a notice of the meeting. The proposed draft of regulation of the Council of Engineer must be simultaneously attached to such notice.

Section 44. If the general meeting of the Council of Engineers resolves to give

an approval to the draft of regulation of the Council of Engineers with not less than half of the ordinary members presented at the meeting, the President of the Council of Engineers shall propose the draft of regulation of the Council of Engineer to the chancellor without delay. The chancellor may withhold such draft of regulation provided that a clarification of reason be given thereof. In case of no withholding within thirty days from the receiving date of such draft of regulation proposed by the President of the Council of Engineers, it is deemed that such draft of regulation is approved by the chancellor.


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If the chancellor has withheld any draft of the regulation, the committee shall reschedule to hold another meeting within thirty days from the withholding day. At the later meeting, such draft of regulation is deemed to be approved by the chancellor provided that the resolution is confirmed with not less than two-thirds of a total of the committee members.

CHAPTER VI

Control of Practicing Professional Engineering

Section 45. No person shall practice the controlled professional engineering

or represent in any manner to mislead another person into understanding that the former person is ready to practice in any field of controlled professional engineering unless such person is licenced in that field by the Council of Engineers. Section 46. Practitioners in the controlled professional engineering of each field are categorized into four levels as follows: (1) senior professional engineer; (2) professional engineer; (3) associate engineer; (4) adjunct engineer. The criteria and qualifications of the controlled professional engineering in each category shall be in accordance with as prescribed in the regulation of the Council of Engineers. Section 47. No person shall be allowed to use any word or phrase that might misrepresent another person into understanding that the former person has a knowledge and expertise in practicing the controlled professional engineering. This shall include an employing, hiring, or allowing another person to commit such action on behalf unless the former person has received a certificate of proficiency or a written approval certifying that


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such person has the knowledge and expertise in practicing in that field of professional engineering by the Council of Engineers or the institutions certified by the Council of Engineers or a licencee who has qualifications in accordance with the prescribed regulation of the Council of Engineers. Section 48. An issuance of licence, term of licence, suspension of licence, revocation of licence, and certifying of knowledge and expertise in practicing the controlled professional engineering shall be in accordance with as prescribed in the regulation of the Council of Engineers. Section 49. An applicant shall have qualifications and not be under the prohibitions in accordance with as prescribed in the regulation of the Council of Engineers. The applicant of natural person shall be an ordinary member or extraordinary member of the Council of Engineers and a licence shall be terminated upon the termination of membership. The applicant of juristic person, regardless of an amount of capital held by foreigner, shall at least have qualifications, as follows: (1) having a principal office within the Kingdom of Thailand; (2) at least half of a total number of partners in a partnership, directors of a company, or members in a management team of a juristic person; or a managing partner of the partnership, managing director of the company, or a sole executive of the juristic person, are licenced under this Act. Section 50. A licencee shall behave in accordance with the ethics of the professional engineering as prescribed in the regulation of the Council of Engineers. Section 51. Any person who sustains damage or finds any violation of the ethics of the professional engineering by a licencee shall be entitled to file an allegation against such licencee by submitting a case to the Council of Engineers.


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A committee member or any other persons shall be entitled to make an accusation against the controlled professional engineering practitioner regarding a violation of the ethics of the controlled professional engineering by submitting a case to the Council of Engineers. A right to file the allegation under paragraph one or a right to make the accusation under paragraph two shall be terminated after one year from the date such violation of the ethics of the professional engineering and the offender have became known to the sustainer or the accuser. A withdrawal of the submitted allegation or accusation shall not prevent further actions under this Act. Section 52. When the Council of Engineers receives an allegation or accusation under section 51, the secretary-general shall propose such case to the ethics committee without delay. Section 53. There shall be an ethics committee consisting of one president of the ethics committee and the ethics committee members for a number as prescribed by the committee but shall not be less than three persons. The committee shall appoint the ethics committee members in accordance with the resolution of the general meeting of the Council of Engineers from the person who has qualifications as follows: (1) having an experience in practicing controlled professional engineering for not less than ten years; (2) having never been punished for a violation of ethics. Section 54. An ethics committee member shall have three years in office for each term and may be reappointed afterwards but shall not hold office for more than two consecutive terms.


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The ethics committee member who vacates office upon the expiration of term shall remain in office to continue the duties until the new ethics committee member is appointed. Section 55. Apart from vacating of office upon the expiration of term, the ethics committee member shall be vacated upon: (1) resignation; (2) termination of membership under section 14; (3) disqualification under section 53 paragraph two; (4) dismissal by the Council of Engineers’s resolution with no less than two-thirds voting from the members presented at the meeting. Section 56. When an ethics committee member position is vacated prior to an expiration of term in office, the committee shall appoint to replace a vacated position unless the remaining term in office of such ethics committee member is less than ninety days, the committee may or may not appoint to replace the vacated position. The appointed ethics committee member so replaced shall remain in the office equivalent to the remaining term of the replaced one. Section 57. The ethics committee shall have the powers and duties to consider and make a decision on an allegation of violation against the professional engineering ethics by a licencee. A procedure and decision making of the ethics committee shall be in accordance with the rule of the committee. Section 58. The ethics committee may appoint a subcommittee for considering or operating any matter on behalf of the ethics committee. The operation of the subcommittee under paragraph one shall be in accordance with the rule of the committee.


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Section 59. In performing duties of the ethics committee and subcommittee appointed by the ethics committee, such ethics committee and subcommittee shall have the power to issue an order in writing to any person concerned for giving testimony or submitting any document or object for the benefit of consideration. However, if such order issued thereof is to the person who is not a licencee, a permission from the chancellor or a person assigned by the chancellor must be granted. In performing duties under this Act, the ethics committee member or subcommittee shall be an official under the Criminal Code. Section 60. The president of ethics committee shall notify in writing of an allegation or accusation together with a duplicate copy of such allegation or accusation to an alleged or accused licencee in advance prior to the commencement of hearing not less than fifteen days. The alleged or accused person shall be entitled to give explanation or submit any evidence to the ethics committee or subcommittee appointed by the ethics committee within fifteen days from the date being notified by the president of the ethics committee or within a given time period prescribed by the ethics committee. Section 61. The ethics committee shall have the power to make a decision as follows: (1) dismiss an allegation; (2) issue a warning; (3) put on probation; (4) suspend a licence for a period deemed appropriate but not exceeding five years; (5) revoke a licence. Section 62. Any licencee to whom the ethics committee has made a decision under section 61 (2) (3) (4) or (5) may appeal the decision to the committee within thirty days from the date being notified of such decision.


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An appeal shall be in accordance with the criteria and procedure prescribed in the regulation of the Council of Engineers. The decision of the committee shall be made in the form of Council of Engineers’s order together with a ground for making such decision and shall be deemed final. Section 63. No licencee whose licence is on suspension shall practice the controlled professional engineering or represent in any manner to mislead another person into understanding that such licencee has a right or is ready to practice in the controlled professional engineering from the date such licencee has known of such suspension order by the Council of Engineers. Section 64. If any licencee whose licence is on suspension acts in violation of section 63, the Council of Engineers shall revoke a licence of such licencee from the date a judgment has become final. Section 65. A licencee whose licence has been revoked shall be ineligible to reapply for the licence until exceeding five years from the date of revocation of licence. In case where a juristic person’s licence has been revoked, it shall result in a revocation of licence to a partner of a partnership, a director of a company, an executive of the juristic person, and an official or employee of the partnership or company or juristic person who are involved in causing actions leading to a revocation of licence in the partnership, company, or juristic person. Such person shall be under the prohibition to become the partner of the partnership, the director in the company, or the executive of the juristic person licenced under this Act until exceeding five years from the date of revocation of licence.


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CHAPTER VII Supervision

Section 66. The Minister shall have the powers and duties, as follows: (1) to supervise an operation of the Council of Engineers and a practice of the controlled professional engineering; (2) to order a competent official to investigate a fact regarding the operation of the Council of Engineers and the practice of the controlled professional engineering; (3) to order in writing to the committee members for giving an explanation regarding a business of the Council of Engineers and may request for documents relating to the operation or the minutes of the committee meetings; (4) to order in writing to the Council of Engineers that any actions which are in contradiction with an objective of the Council of Engineers, law, or the regulation of the Council of Engineers be restrained or corrected. Section 67. In order to comply with an order of the Minister under section 66, a competent official shall have the power to issue an order in writing that a testimony be given by any person concerned or any document or object be submitted for the benefit of consideration. In addition, the competent official shall have the power to enter an office of the Council of Engineers or a controlled professional engineering’s place of business during an office hour for inspecting document or evidence; or to order that an explanation be given by any person concerned as per the competent official request. The competent official shall be an official under the Criminal Code. In an execution of the competent official under paragraph one, the person concerned shall provide convenience as proper. Section 68. In an execution of the competent official, an identification card shall be displayed to any person concerned.


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The identification card of the competent official shall be in accordance with a form determined by the Minister and published in the Government Gazette. Section 69. If it is found that the Council of Engineers fails to comply with the order of the Minister under section 66 or any circumstances demonstrating that the committee, President of the Council of Engineers, or any committee members has acted in contradiction with an objective of the Council of Engineers or acted in any manner that bring about grave deterioration to the Council of Engineers, the Minister by an approval of the Council of Ministers shall have the power to order such committee, President of the Council of Engineers, or such committee members to be vacated from office. In case where the Minister will issue an order under paragraph one, the Minister shall appoint five ordinary members to be an investigation committee. The investigation committee must complete an investigation with urgency and then submit an investigation case file together with an opinion to the Minister for consideration and making order. The order of the Minister shall be final. Section 70. In case where the Minister has issued an order under section 69 that all the committee members of the Council of Engineers be vacated from their office, in doing so, the Minister shall appoint persons from ordinary members of the Council of Engineers for a number equivalent to that fixed under section 24 to be temporary committee members in place of the vacated committee members at the same date the Minister issues an order of vacating from the office. The temporary committee members under paragraph one shall have the power to perform their duties as necessary and shall only operate within thirty days from the date the Minister has an order of appointing temporary committee members so as to have an election and appointment of the new committee members under section 24. After the new committee members hold their offices, the temporary committee members appointed by the Minister shall be vacated from the office.


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CHAPTER VIII Penalty

Section 71. Any person who violates section 45 or section 63 shall be liable to imprisonment for a term of not exceeding three years or to a fine not more than sixty thousand baht, or to both. Section 72. Any person who violates section 47 shall be liable to imprisonment for a term of not exceeding one year or to a fine not more than twenty thousand baht, or to both. Section 73. Any person who fails to comply with the order of the ethics committee or subcommittee under section 59, or the order of the competent official under section 67 shall be liable to imprisonment for a term of not exceeding one month or to a fine not more than one thousand baht, or to both. Section 74. In case where an offender under this Act is a juristic person, a partner of a partnership, a director of a company, a representative of the juristic person or any person involved in a commission of such offence shall be liable as a co-offender, instigator, or supporter in the commission of offence, as the case may be and shall be liable to the punishment as prescribed in that offence. The juristic person shall be liable to a fine not more than ten times of the fine inflicted to that offence.

Transitory Provision

Section 75. The committee controlling a practice of professional engineering under the Professional Engineering Act B.E. 2505 shall perform a duty of the committee under this Act in the interim until the committee under section 24 is established and shall


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have the power to issue a regulation of the Council of Engineers under section 8 (6) as necessary for a temporary enforcement. Such regulation shall come into force until an amendment of such regulation. The provision in section 43 and section 44 shall not hereby apply. The Office of Kor Wor under the Professional Engineering Act B.E. 2505 shall perform a duty as the Office of the Council of Engineers under section 39 and the Kor Wor registrar under the Professional Engineering Act B.E. 2505 shall perform a duty as a chief of the Office of the Council of Engineers under section 42 temporarily until the Council of Engineers has its personnel to perform a duty. However, it shall not exceed one hundred and eighty days from the date of a commencement of term in office of the committee under section 25. An election and appointment of the committee members under section 24 must be completed within one hundred and eighty days from the date this Act has come into force. Section 76. A licencee of a controlled professional engineering practitioner in type of associate engineer, professional engineer, and senior professional engineer under the Professional Engineering Act B.E. 2505 on the date in which this Act is published in the Government Gazette shall be an ordinary member of the Council of Engineers under this Act. The licencee of the controlled professional engineering in type of special licence under the Professional Engineering Act B.E. 2505 on the date in which this Act is published in the Government Gazette shall be an extraordinary member of the Council of Engineers under this Act. After an expiration of time period specified in the licence or exceeding two years from the date this Act has come into force, whichever is later, a membership of member under paragraph one and paragraph two shall be expired unless such licencee applies and is granted a membership of the Council of Engineers under this Act. An academic degree or a certificate from a curricula and education institution certified by the committee controlling the practice of the professional engineering under the


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Professional Engineering Act, B.E. 2505 shall be deemed an academic degree or certificate certified by the Council of Engineers under section 8 (3). Section 77. A licencee of the controlled professional engineering practitioner in type of senior professional engineer, professional engineer, associate engineer, or special licencee under the Professional Engineering Act B.E. 2505 whose licence is still valid on the date in which this Act is published in the Government Gazette shall be a licencee to practice the controlled professional engineering in level of senior professional engineer, professional engineer, associate engineer, or adjunct engineer under this Act, as the case may be. For the benefit under section 27 (1), a time period licenced to be a controlled professional engineering practitioner in type of professional engineer under the Professional Engineering Act B.E. 2505 shall be deemed a time period licenced in a level of professional engineer under this Act. Section 78. An application for a licence which has already submitted prior to the date of enforcement of this Act shall be further proceeded until completion and shall be deemed the proceeding executed under this Act. However, this proceeding must be completed within two hundred and forty days from the date this Act has come into force. Should such time period exceeds, the proceeding shall be executed under this Act. Any person licenced under the previous paragraph shall be deemed an ordinary member or extra ordinary member of the Council of Engineers under section 76 mutatis mutandis. Section 79. While the Ministerial Regulation, regulation, rules, or notification for an execution of this Act has not been issued yet, the Ministerial Regulation, regulation, rule, or notification issued under the Professional Engineering Act B.E. 2505 shall apply mutatis mutandis. Section 80. Any violation of ethics or terms and conditions in a practice of the controlled professional engineering under the Professional Engineering Act B.E. 2505


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committed prior to an enforcement date of this Act and no proceeding under the Professional Engineering B.E. 2505 has been taken, shall be deemed as a violation of the ethics of professional engineering under this Act and therefore further proceeding shall be subject to this Act. In case where any proceeding has been taken against the offender of ethics or terms and conditions in the practice of the controlled professional engineering committed prior to an enforcement date of this Act, such proceeding shall be deemed the proceeding under this Act and further proceeding shall be subject to this Act. Countersigned by: Chuan Leekpai Prime Minister


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Schedule of Fee

(1) Expense for a licence of the controlled professional engineering practitioner as a natural person: (a) senior professional engineer level 10,000 Baht (b) professional engineer level 7,500 Baht (c) associate engineer level 5,000 Baht (d) adjunct engineer level 5,000 Baht Juristic person: Expense for a licence of juristic person 100,000 Baht (2) Expense for a renewal of licence for the controlled professional engineering practitioner submitted prior to an expiration of licence: Natural Person: (a) senior professional engineer level 3,000 Baht (b) professional engineer level 2,000 Baht (c) associate engineer level 1,000 Baht (d) adjunct engineer level 1,000 Baht If the renewal is submitted after the expiration of licence, an extra fee shall be charged 2,000 Baht Juristic Person: (a) expense for renewal of licence for juristic person submitted prior to the expiration of licence 30,000 Baht (b) expense for renewal of licence for juristic person submitted after the expiration of licence 50,000 Baht (3) Expense for a written certificate of knowledge and expertise in practicing the controlled professional engineering 10,000 Baht (4) Expense for a duplicate copy of licence or evidence certifying the grant of licence Natural person 500 Baht Juristic person 5,000 Baht (5) Expense for each examination of knowledge in the practice of controlled professional engineering 2,000 Baht

Unofficial Translation ENGINEER ACT, B.E. 2542 (1999)210.246.148.76/thaiquest/getFileProxy/comment.aspx... · accounts for a declining of the profession’s esteem; (i) standard in

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