Private higher
education institutions in Thailand are governed by a national law, "Private
University Act B.E. 2546 (2003)," stipulated and countersigned
by the Prime Minister on October 13, 2003 under the proclamation of
His Majesty King Bhumibol Adulyadej. Superseding the previous laws of
1979 and 1992, the 2003 law contains 9 chapters including 130 sections.
The general statement
of this law signifies such essential definitions as private university,
licensee, Board of Committee, University Council, and so forth. It is
stated that a private higher education institution founded under the
first law (1979) shall abide by this 2003 law and retain its juridical
person status. Nonetheless, the new law affects only private institutions
at the university level while excluding those established under an agreement
between the Thai Government and other international organizations. The
ultimate authority, the Minister of Education, is in charge of the execution
of this law and supplementing ministerial regulations.
The first chapter
refers to procedures for establishment of a private institution, whether
1) University; 2) Institute; and 3) College. The institution's objectives
shall be to promote academic and advanced professional studies including
teaching and research, to provide education to society, and to sustain
national culture. A private institution shall be licensed and in so
doing, its licensee shall submit a project proposal covering such particulars
as management, finance, academic and curriculum, and personnel. Until
the rector is appointed, the licensee shall be the representative of
the private institution and shall transfer the ownership of land to
the private institution. Moreover, the donation and transfer of non-movable
assets to the private institution shall be tax exempt. In terms of administration,
a private institution's internal systems shall be under regulations
of the University Council. Additionally, despite being unprotected by
Labor Law and Related Labor Law, employees of private institution shall
receive benefits akin to those prescribed by the coverage of Labor Law
and the Ministerial Regulations.
The second chapter
features the power and duties of the Board of Committee in such various
areas as approval, provision of comments and advice to the Minister
on the issues relating to the private institution, clarification of
academic curriculum, and the issuing of rules and regulations relating
to this Act.
The third chapter
specifies administration of the private institution. The Private University
Council is composed of the president proposed by the licensee, the rector,
qualified members of not more than fourteen but not fewer than seven
persons proposed by the licensee and the Minister, and at least one
half of the members shall have Thai nationality. Members of the University
Council must have at least a bachelor degree and shall hold office for
a four-year term. Any decision of the meeting must be finalized by the
majority of votes, and for equal votes, the Chairperson's vote can be
counted as final decision. The duties of the University Council are
to approve development plans, to issue rules and regulations, to allocate
funds, to approve financial plans and other related financial documents,
to approve the amendments of curriculum, to approve student admission,
to confer honorary degrees, to approve issues related to internal organizations,
to approve academic operation, to appoint and remove the rector, vice
rector, honorary professors, and full time faculty members, to formulate
regulations on personnel administration, to provide quality assurance
system, and so forth. The private institution shall also have an Academic
Title Committee consisting of at least six qualified members but not
exceeding twelve members from outside the institution. They shall hold
position for three years, and their powers and duties shall be in regards
with academic matters. Additionally, the powers and duties of the Rector
and faculty are also specified in this chapter.
The fourth chapter
contains regulations on degrees and academic insignia. The private institution
shall teach any accredited field of study at any level of degrees. It
shall also have power to confer any accredited degree ranging from certificates
for completion of studies, Junior Degrees, Bachelor's, Master's, Doctoral,
or honorary degrees in any accredited field of study.
The fifth chapter
involves regulations on assets and accounting of the private institution.
Sources of capital of the private institution shall include 1) funds
and assets according to the provision when it was first established
and later additional funds and assets obtained; 2) donations or contributions
to the private institution stipulating under the use of specific interests;
and 3) funds and other assets from past performance of activities of
the private institution. The allocation of funds shall be categorized
into seven areas: 1) General Funds; 2) Permanent Assets Funds; 3) Research
Funds; 4) Technology and Library Funds; 5) Human Resource Development
Funds; 6) Aiding Funds; and 7) Fixed Capital or other Funds. The private
institution's revenues stem from 1) Benefit Funds, Tuition Fees, and
other fees; 2) Other funds and assets donated without specific condition;
3) Subsidiary Funds from the State; 4) Benefits from investment; and
5) Other revenues and benefits.
The sixth chapter
deals with subsidies and other governmental support. The government
shall subsidize the private institution by allowing governmental officials
to work in the private institution, establishing Development Funds for
the private institution, exempting import tax for goods and equipment
related to academic and research, and promoting resource usage among
public and private universities.
The seventh chapter
stresses regulations on supervision and control. The private institution
shall facilitate the authorized officers in any visits with or without
permission for inspection during office hours. The Board of Committee
shall approve such matters as receiving gifts, borrowing money, leasing
assets, purchasing/ disposing of assets whose value exceeds the specified
amount by the Board of Committee. Further, the private institution shall
notify in writing to the office of Higher Education Commission in matters
such as classes suspended for more than three consecutive days and the
retirement of full-time faculty members. Not only shall the Minister
have the power to warn or order the private institution to stop teaching
if it is found that the building and the campus do not conform to health
or insecure conditions, but he shall also appoint a Controlling Board
of Committee to monitor the private institution if there is one of the
following reasons: 1) lack of sufficient capital; 2) violation or failure
to comply with the provisions of this Act and the ministerial regulations;
3) cessation of instruction for more than two consecutive months; 4)
conducting of activities that endanger national security. Aside from
that, the Minister shall have the power to appoint an Appeal Deliberating
Committee in the case that the private institution appeals against the
control order of the Minister. When the private institution under control
is found to deserve its continuity of operation, the Minister shall
withdraw the control order and announce that withdrawal publicly. In
turn, if it is found guilty, the Minister shall have the authority to
withdraw its license.
The eighth chapter
discusses dissolution and transfer of business of the private institution,
stressing that if the licensee wishes to either dissolve or transfer
the business, he/she shall notify the Board of Committee in writing
along with appropriate justifications and that the dissolution of business
and the transfer of license shall be announced in the Government Gazette.
The last chapter
contains regulations on punishment. Whoever fails to comply with the
Act shall be punished with imprisonment or fine or both. The level of
punishment depends on each section stated in the Act.
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