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«Department of Protocol Ministry of Foreign Affairs of the Kingdom of Thailand Guidelines on Protocol Practice Department of Protocol Ministry of ...»

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Guidelines on Protocol Practice

Department of Protocol

Ministry of Foreign Affairs of the Kingdom of Thailand

Guidelines on Protocol Practice

Department of Protocol

Ministry of Foreign Affairs of the Kingdom of Thailand

i

Foreword

This guideline on protocol practice is designed for the use of

Diplomatic Missions, Consular Posts, United Nations Specialized

Agencies, and International Organizations accredited to Thailand, which

are entitled to enjoy immunities and privileges in performing their functions in the Kingdom of Thailand.

The privileges and immunities granted to foreign missions and their diplomatic and consular staff members in Thailand are principally under the provisions of the Vienna Convention on Diplomatic Relations 1961 and the Vienna Convention on Consular Relations 1963, to which Thailand is a party, as well as international customary laws and the prevailing laws and regulations of Thailand.

Department of Protocol B.E. 2557 (2014) iii Table of Contents Page Part 1: Personnel of Diplomatic Missions, Consular Posts and International Organizations in Thailand.............

1. Diplomatic Missions

2. Consular Posts

3. Defense Attaché

4. Staff Members of International Organizations..... 4

5. Family Members

6. Private Servants

Administrative Arrangements

Part 2:

1. Visa Requirements

2. Notifications

3. Permit of Stay

4. Re-Entry Visa

5. Newly Born Child in Thailand

6. Employment

7. Identity Card

Part 3: Protocol Guidelines for the Arrival of the New Ambassador

–  –  –

Part 6: Visit of the Royal Head of State/Head of State and Head of Government

–  –  –

The status of staff members of Diplomatic Missions, Consular Posts and International Organizations in Thailand is governed by the provisions of the Vienna Convention on Diplomatic Relations (1961), the Vienna Convention on Consular Relations (1963), international and bilateral agreements which Thailand is party and Thailand’s legislation which implemented the said Conventions and agreements.

1. Diplomatic Missions

1.1 Diplomatic agents A diplomatic agent is the Head of the Diplomatic Mission or a member of the diplomatic staff of the mission. Diplomatic agents should, in principle, be of the nationality of the sending State, in accordance with Article 8 of the Vienna Convention on Diplomatic Relations 1961. Diplomatic agents enjoy diplomatic privileges and immunities specified in the Articles 29 to 36 of the Vienna Convention on Diplomatic Relations 1961.

1.2 Members of the administrative and technical staff of the mission The members of the administrative and technical staff are the members of the staff of the mission recruited in the sending State and employed in the administrative and technical service of the mission.

Members of the administrative and technical staff of the mission enjoy diplomatic privileges and immunities specified in the Articles 29 to 35 of the Vienna Convention on Diplomatic Relations 1961, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of Article 31 shall not extend to acts performed outside the course of their duties. They also enjoy the privileges specified in Article 36, paragraph 1, in respect of article imported at the time of first installation.

1.3 Members of the service staff of the mission The members of the service staff are the members of the staff of the mission employed in the domestic service of the mission. Members of the service staff of the mission who are not Thai nationals or permanently resides in Thailand enjoy immunity in respect of acts performed in the course of their duties and exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33 of the Vienna Convention on Diplomatic Relations 1961.

2. Consular Posts

2.1 Career Consuls Career consular officers are the professional members of the sending State’s career consular corps, including the head of a consular post, entrusted in that capacity with the exercise of consular functions.

The career consular officers enjoy privileges and immunities specified in Article 40-57 of the Vienna Convention on Consular Relations 1963.

2.2 Honorary Consuls The establishment of Honorary Consulates and the admission of Honorary Consuls as well as the facilities, privileges and immunities applying to Honorary Consuls and Honorary Consulates are based on the provisions of the Vienna Convention on Consular Relations (1963).

According to Article 62 of the said Convention, the receiving state shall, in accordance with such laws and regulations as it may adopt, permit entry of, and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services on the forwarding articles, provided that they are for the official use of a consular post headed by an honorary consular officer: coats-ofarms, flags, signboards, seals and stamps, books, official printed matter, office furniture, office equipment and similar articles supplied by or at the instance of the sending state to the consular post.





The appointment of the Head of Consular Post and Honorary Consul-General/Consul shall require an approval of the Royal Thai Government before they can exercise their functions in Thailand. The sending state shall send a Note Verbale proposing the appointment with pertinent data on the proposed Head of Consular Post, Honorary ConsulGeneral/Consul, such as, name and nationality, consular jurisdiction and curriculum vitae. If the admission is granted, the Royal Thai Government shall inform the sending state through the diplomatic channel. Pending delivery of the Exequatur, the new Head of Consular Post and Honorary Consul-General/Consul will be admitted on a provisional basis to exercise their functions. Meanwhile, the sending state shall deliver the Letter of Commission appointing the new Head of Consular Post, Honorary Consul-General/Consul to the Royal Thai Government through diplomatic channel at the earliest opportunity.

The proposed Honorary Consul-General/Consul should, principally, obtain a long term resident permit to perform his/her mission in Thailand.

The Royal Thai Government, upon receiving the Letter of Commission from the sending state, will issue the Exequatur to the new Head of Consular Post and Honorary Consul-General/Consul. The Exequatur shall be signed by the official with equivalent rank to the signatory of the Letter of Commission.

3. Defense Attaché The sending state may assign air, naval, military attaché and their assistants to its mission in Thailand. The assignment of the proposed attaché requires the prior consent of the Royal Thai Government.

The sending state shall convey a request for such consent through the diplomatic channel to the Department of Protocol along with the information on his curriculum vitae, military rank, and two passportsized photographs. The proposed attaché is expected to assume his duties after having obtained the consent of the Royal Thai Government.

4. Staff Members of International Organizations The international recruited officials of the UN Specialized Agencies and members of their immediate families enjoy privileges and immunities specified in Article VI of the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations 1947 and agreements between the Royal Thai Government and the Specialized Agencies.

The international recruited officials of other International Organizations and members of their immediate families enjoy privileges and immunities specified in the bilateral agreements between the Royal Thai Government and the Organizations as well as Thailand’s legislation which implemented the said agreements.

5. Family Members Immediate family members are

• Spouse (legal marriage);

• Unmarried dependents under the age of 20 living with their parents;

• Unmarried dependents over the age of 20 living with their parents, who are registered as a full-time student in a formal educational institution in Thailand;

• Unmarried dependents of the age of 20 or above, who are unable to lead an independent life due to mental and physical challenges.

Immediate family members of diplomatic agents, consular officers and administrative and technical staff enjoy diplomatic privileges and immunities specified in the Vienna Convention on Diplomatic Relations (1961) and the Vienna Convention on Consular Relations (1963).

Other forms of family members such as parents of a member of the mission or his/her spouse, of the age of 60 or above, or partner of a member of the mission who neither practice for personal profit any professional or commercial activity nor have Thai nationality will be favourably considered on case-by-case manner.

6. Private Servants A private servant is person who is in the domestic service of a member of a Diplomatic Mission, Consular Post or International Organization, and not an employee of the sending State. Private servants of members of the mission, if they are not Thai nationals of or permanently resident in the Thailand, are generally exempted from dues and taxes on the emoluments they receive by reason of their employment.

However, reciprocity is also taken into account. Members of Diplomatic Missions, Consular Posts and International Organizations, who employ private servants, have employer responsibilities for them.

–  –  –

1. Visa Requirements Members of the Diplomatic Missions, Consular Posts, and International Organizations as well as members of their families and private servants must be in possession of valid entry visas before arriving in Thailand. The visa application should be submitted to the Royal Thai Embassy/Consulate well in advance of departure for Thailand, accompanied by a Note Verbale from the sending state containing information regarding the name, rank and function, family members belonging to the household, private servant, expected date of entry and commencement of duties, as well as an expected duration of the tour of duty. The predecessor’s name and rank should also be specified.

Upon arrival in Thailand, they shall submit the relevant documents for the permit of stay to the Department of Protocol at the earliest opportunity.

Members of the Diplomatic Missions, Consular Posts, and International Organizations as well as members of their families and private servants, who are nationals of the countries whose nationals are exempted of visa requirements by the bilateral agreement on visa exemption with Thailand, may enter Thailand without visas. Upon arrival in Thailand, they shall submit the relevant documents for the permit of stay to the Department of Protocol in due course.

2. Notifications The appointment and arrival of all members of the Diplomatic Missions, Consular Posts and International Organizations, as well as their family members and private servants must be notified to the Department of Protocol without delay and at the latest within two weeks of their arrival. Similarly, both the termination of duties and final departure of the persons concerned must be notified to the Department of Protocol without delay and at the latest within two weeks of the departure.

3. Permit of Stay All members of the Diplomatic Missions, Consular Posts, and International Organizations as well as their family members and private servants are required to submit the relevant documents to apply for the permits of stay to the Department of Protocol upon arrival in Thailand. The Department of Protocol will convey the application to the Immigration Bureau of the Royal Thai Police to issue the respective permits of stay.

The relevant documents are as follows:

• A Note Verbale seeking a permit of stay or an extension of permit of stay for the applicant;

• Three (3) completed application forms signed by the applicant.

The application form can be downloaded from the website:

www.mfa.go.th;

• Passport of the applicant;

• Two (2) passport-sized photographs of the applicant. The photographs of the applicant shall be in full-face and without a hat nor sunglasses.

All members of the Diplomatic Missions, Consular Posts and International Organizations which Thailand is party, are classified into two main groups in accordance with Article 15 and Article 35 of the

Immigration Act B.E. 2522 (1979):

Article 15 refers to the following categories:

• Diplomats and members of their immediate families (spouses and dependents);

• Members of administrative and technical staff and members of service staff and members of their immediate families;

• Officials of the UN Specialized Agencies and members of their immediate families;

• Officials of the Asian Institute of Technology and members of their immediate families;

• Private servants of diplomats, members of administrative and technical staff, and members of service staff.

Article 35 refers to the following categories:

• Officials of the non UN International Organizations and members of their immediate families;

• Private servants of official of UN Specialized Agencies and the Asian Institute of Technology;

• Relatives forming part of the household of diplomats, administrative and technical staff and service staff, officials of the UN Specialized Agencies, non UN International Organizations and the Asian Institute of Technology;

• Students of the Asian Institute of Technology and members of their immediate families.



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