S/C/N/ 976 
1 November  2019 
(19-7383) Page: 1/3 
Council for Trade in Services  Original:  English  
 
  
 
NOTIFICATION PURSUANT TO ARTICLE III:3 OF THE  
GENERAL AGREEMENT ON TRADE IN SERVICES  
The following notification, dated  22 October 2019 , from the delegation of Thailand , is being circulated 
to Members of the Council for Trade in Services . 
 
_______________  
 
 
1  MEMB ER NOTIFYING : 
Thailand  
2  NOTIFICATION UNDER : 
Article III:3 of the General Agreement on Trade in Services  
3  DATE OF ENTRY INTO FORCE : 
30 April 2019 
 
3.1  Duration:  
Indefinite  
 
4  AGENCY RESPONSIBLE FOR ENFORCEMENT OF THE MEASURE : 
Department of Industrial Works, Ministry of Industry  
5  DESCRIPTION OF THE MEASURE : 
Measure:  
 
Factory Act, No. 2, B.E. 2562 (2019)  
 
Description:  
 
1. Natural Person  
 
A natural person applying for a license for inspection or verification of a factory shall have the 
following qualifications and shall not be under the following prohibitions:  
 
a. Qualification s 
- Being a Thai national;  
- Having a license for professional practice according to the Engineer Act or a 
license for professional practice according to the Promotion of Scientific and 
Technological Professions Act and work experience of at least 5 years relating to 
environment, safe ty, chemical substances, electric, energy, mechanical, civil or S/C/N/ 976 
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  any other related to industrial fields. In counting work experiences, experience in 
each field can be summed up;  
- Having passed a training and testing on factory or machinery inspection or 
verification according to rules and procedures prescribed by the Minister and 
published in the Government Gazette.  
b. Prohibitions  
- Being bankrupt or having been dishonestly bankrupt or being under receivership;  
- Being an insane or mentally disabled person, an inco mpetent person or quasi -
incompetent person;  
- Having been imprisoned by final sentence of imprisonment for an offence under 
the Factory Act, unless having been discharged for a period of not less than five 
years prior to the date of the application for the l icense for inspection or 
verification;  
- Being sentenced by a judgement to imprisonment and imprisoned by a warrant 
of the Court;  
- Being under temporary suspension or withdrawal of a license for professional 
practice according to the Engineer Act or a license  for professional practice 
according to the Promotion of Scientific and Technological Professional Act;  
- Having been punished b y discharge, dismissal or expulsion from government 
agencies, state agencies or state enterprises for gross breaches of discipline . 
2. Juridical Person  
 
A juridical person applying for a license for inspection or verification of a factory shall 
have the following qualifications and shall not be under the following prohibitions:  
 
a. Qualifications  
- Being a juri dical person under Thai law wit h the objective of business operation 
or service providing on factory or machinery inspection or verification and with a 
registered capital or paid -up capital of not less than one million bath;  
- At least one of the m anaging partners, directors or executives  of a juri dical person 
shall have qualifications and not be under the prohibitions;  
- Having a permanent third -party auditor, in a number prescribed by the Minister, 
that has qualifications and is not under the prohibitions;  
- Being accredited for the standards related to inspection or verification in the areas 
of environment, safety, chemical substances, electric, energy, mechanical, civil 
or other related to industrial works.  
b. Prohibitions  
- Being bankrupt or having been dishonestly bankrupt or being und er receivership 
or reorganization;  
- Having been final ly sentenced as on offender under the Factory Act with an 
exception if the offence is liable to a fine penalty only.  
 
 S/C/N/ 976 
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  6  MEMB ERS SPECIFICALLY AFFECTED, IF ANY : 
None 
7  TEXTS AVAILABLE FROM : 
Department of Industrial Works  
75/6 Rama VI Road, Ratchathewi , Bangkok  10400  
Tel: (+66) 202 4000  
http://www.diw.go.th/hawk/default.php  
 
 
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