-birth registration and citizenship in thailand

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Foreword

Over forty years ago, lack of legal status citizenship and birth registration for

highland people was identified as a major future issue for both highlanders and the

Royal Thai Government. H.M. the King took early leadership in calling for the needfor both cultural and environmental sensitivity in the development of the mountainous

regions of Thailand. Research by Thai and foreign scholars has expanded our

knowledge of highland cultures and societies, while improved communications and

educational access have allowed highland people to better articulate their needs to the

broader society.

Nevertheless, problems still remain. Research by UNESCO has shown that lack of

legal status is the greatest single risk factor for a highland girl or woman in Thailand

not from across the border to be trafficked or otherwise exploited. Therefore, the

UNESCO Trafficking Project has maintained an on-going concern for these issues.

We are particularly pleased to be able to partner with FACE and the Royal ThaiGovernment to address these problems. UNESCO was able to undertake Highland

Birth and Citizenship Registration Promotion Project because of the generous support

of the British Embassy, Bangkok.

The present manual was commissioned by UNESCO and written by FACE. It was

prepared in cooperation with the Department of Local Administration, Ministry of

Interior. Special thanks are due to Mr. Chuti Ngamurulert, author; Ms. Bongkot

Napaumporn, translator; Ms. Dara Wathanapaisal, editor; and Mr. Venus Seesuk,

Chief of the Civil Registration and Nationality Subdivision, Registration

Administration Bureau. It is hoped that it can be useful to government officials,

NGOs, and community leaders seeking to improve registration processes for highland

people.

David A. Feingold, Ph.D.

International Coordinator for HIV/AIDS and Trafficking Projects

Office of the Regional Advisor for Culture

UNESCO Bangkok


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Preface

On 18 January 2003 (B.E. 2546), the National Security Council submitted a cabinet

resolution approving the Strategy on Legal Status and Rights Management. The

resolution created a more workable and effective system for solving the problem oflegal status and rights of people in Thailand. The resolution also fed into both central

and local governmental capacity-building. Regulations and letters from the

Department of Provincial Administration (DOPA), the specific division under the

Ministry of Interior directly responsible for the issue, set a clear mandate for officers.

Several additional academic documents and research papers were also published in

order to deal with the problem. Nevertheless, some people working on the issue still

do not clearly understand how to implement policy under this Strategy.

Therefore, the FACE Foundation, in cooperation with the Bureau of Registration

Administration, the Bureau of Internal Security Affairs, DOPA, the Ministry of

Interior, the Institute for Just Peace, and the National Security Council, has collectedall official documents relating to the issues of regulations, declarations, and orders for

integrating knowledge on the issue. We hope the manual will be useful for people

working on birth registration and citizenship in Thailand, especially governmental

officers, civil society, and also people facing the problem themselves.

The FACE Foundation appreciates the collaboration from the Bureau of Registration

Administration, the Bureau of Internal Security Affairs, DOPA, the Ministry of

Interior, the Institute for Just Peace, and the National Security Council for their

contributions in data as well as consultants. Kind thanks are also given to Associate

Professor Phunthip Kanchanachittra Saisoonthorn for all her advice and guidance in

the creation of this manual.

Lastly, the FACE Foundation greatly appreciates the support UNESCO Bangkok and

the British Embassy have provided in making this manual possible.

Sudarat Sereewat

Director of FACE Foundation


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Table of ContentsPage

Chapter 1: 1

Basic Knowledge

Basic Information about Ethnic Groups in Thailand 2

Chapter 2: 7

Birth Registration for People Born in Thailand

The Birth Registration Process in Thailand 8

Retroactive Birth Registration 14

Birth Registration Forms 16

Chapter 3: 27Management of the Personal Legal Status of Ethnic Groups in Thailand

Adding Names to Household Registration (Tor Ror 13) 29

Legal Assistance for Highlanders of Thai Nationality 33

Legal Assistance for Alien Migrants 48

Legal Assistance for Highlanders 70

Born in Thailand but Ineligible for Thai Nationality Due to Immigrant Parents

Chapter 4: 91

Surveying and Issuing Identification Cards for People without Thai Nationality

(Pink-Colour Card)

Chapter 5: 96

Surveying, Issuing Identification Cards, and Registering Undocumented Persons

Chapter 6: 123

Basic Rights of Ethnic Groups in Thailand

The Right to Movement 124

The Right to Start a Family (Marriage Registration) 132

The Right to Education 136 The Right to Work 140

Chapter 7: Appendix 143

Annex 1: Civil Registration Act (No. 2) 2008 (B.E. 2551) 144

Annex 2: Nationality Act (No. 4) 2008 (B.E. 2551) 151

Annex 3: Official Letters on Residence Relocation (MoI) 157

Annex 4: Strategy on Legal Status and Rights Management 159

Notes 168


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CHAPTER 1

Basic Knowledge


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Basic Information about Ethnic Groups in Thailand

1. Vietnamese ImmigrantsThis group includes Vietnamese people who fled from French suppression and

into Thailand in 1945 and 1946 (B.E. 2488 and 2489). They generally lived in the

following 13 provinces of Thailand: Nakorn Panom, Mukdaharn, Nongkhai,

Ubonratchthani, Udonthani, Yasothorn, Sakon Nakorn, Prachinburi, Nongbua Lampu,

Srakaew, Amnadcharoen, Suratthani, and Patthalung.

The people in this group include those who immigrated in 1945 and 1946

only. People who entered before or after these years are excluded. A cabinet

resolution passed on 17 March 1992 (B.E. 2535) approved Thai nationality for

children born in Thailand to these Vietnamese immigrants and granted legal migrant

status to the parents.

2. Former soldiers of the Kuomintang and the Chinese (Jean Hor)Mao Zedongs army fought and won against Chiang Kai-Sheks Chinese

National Revolutionary Army (NRA) No. 93 of Taiwan (KMT). The NRA then fled

to the south of China near the Burmese (now Myanmar) border. The army was not

able to escape to Taiwan and remained in Burma. When Burma gained independence,

they exiled the army into Thailand. This Chinese army has resided in the areas of

Chiang Rai, Chiang Mai, and Mae Hong Son since 1950 (B.E. 2493).

In 1984 (B.E. 2527), a cabinet resolution approved Thai nationality for

children in this group born in Thailand and granted legal migrant status to the parents.

3. Chinese Civilian Migrants (Jean Hor)People in this group claim to be the relatives of soldiers from the former

Chinese National Revolutionary Army. They immigrated into Thailand between the

years of 1954 - 1961 (B.E. 2497 - 2504).

At the time, the Thai government acknowledged that the soldiers rendered acts

of distinguished service to Thailand in addition to official service. Therefore, a

cabinet resolution passed in 1984 (B.E. 2527) approved Thai nationality for children

in this group born in Thailand and granted legal migrant status to the parents.

4. Independent Chinese (Jean Hor)People in this group claim to be the relatives of soldiers from the former

Chinese National Revolutionary Army, immigrating into Thailand between the years

of 1962 - 1989 (B.E. 2505 - 2532). However, the government does not accept these

claims. Due to the difference in the time of their immigration, they were excluded

from Group 3. To prevent the influx of Chinese refugees, the government issued civil

registration documents (Tor Ror 13) and identification cards restricting residence to

the provinces of Chiang Mai, Chiang Rai, Payao, and Mae Hong Son.

A cabinet resolution passed on 29 August 2000 (B.E. 2543) granted the

parents who immigrated into the country before 3 October 1985 (B.E. 2528) with

important migrant identification documents and granted their children born in

Thailand with Thai nationality.


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5. Former Chinese Communist Guerrilla of MalayaThis group consists of former members of the Chinese Communist Guerrilla

of Malaya and people from ancient Malaysia who lived in the provinces of Yala,

Narathiwas, or Songkla. They surrendered to the Thai government in 1987 (B.E.

2530). Since people in this group had lived in Thailand for an extended period of

time, the government granted Thai nationality to children born in Thailand to parents

of this group in a cabinet resolution passed in 1988 (B.E. 2531). The policy also

granted legal migrant status to those not born in Thailand.

6. Thai LueAccording to history, the Thai Lue people have lived in Thailand for over 300

years. They once lived in the region of Xishuangbanna, Yunnan province, China.

They immigrated into Thailand and have generally settled in Chiang Mai, Chiang Rai,

and Payao. On 17 March 1992 (B.E. 2535), a cabinet resolution granted Thai

nationality to children born in Thailand to parents of this group. The policy also

granted legal migrant status to the parents.

7. Lao ImmigrantsThe people in this group are Lao and have relatives or family living in

Thailand. They live in the provinces bordering Laos, including Nongkhai,

Ubonratchthani, Loi, Udtaradit, Nakorn Panom, Mukdaharn, Payao, Chiang Rai, and

Nan. Article 337 declared that if a person from this group of Lao immigrants married

a Thai national, their child would not be granted Thai nationality. The child would

only have Lao nationality.

As per the subsequent revisions that resulted in what became known as the

Nationality Act 1992 (B.E. 2535) No. 2, if the father orthe mother of a child born in

Thailand has Thai nationality, the child will be granted Thai nationality as well. Legal

permits to remain temporarily in Thailand were first issued to this group in 1991 (B.E.

2534), and extended again in 1997 (B.E. 2540). The second occasion saw a reduced

number of permits issued because many of the people in this group had by then

already acquired Thai citizenship.

8. Nepalese ImmigrantsNepalese immigrants lived in Burma when both Nepal and Burma were still

British colonies. They entered Thailand together with displaced persons of Burmese

nationality. After Burma gained independence from Britain in the World War II

period, both of these groups faced exile and fled into Thailand. They were restricted

to live only in the district of Thongphaphum in the Kanchanaburi province.

For this group of people, a cabinet resolution passed on 29 August 2000 (B.E.

2543) granted those parents who immigrated into the country before 3 October 1985

(B.E. 2528) with important migrant identification documents and granted their

children born in Thailand with Thai nationality.


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9. Displaced Burmese Nationals of Thai EthnicityThe displaced persons in this group are distinct because they were either:

1) Thai people living in the region that was part of Thailand before it was

ceded to Britain. After Burma gained independence from Britain, the area then

became a part of Burma.

2) Thai people immigrated into Burma to trade or do business. They lived in

Burma for approximately 40-50 years. Burma began a process to remove all minority

groups from the country. Thus, people in this group moved back into Thailand and

settled near Prachuapkhirikhan, Chumphorn, Ranong, and Tak.

The Thai government accepts these people as Thai, not Burmese or other

ethnicities. A cabinet resolution granted Thai nationality for these people via

naturalisation (not the same process as giving Thai nationality to Vietnamese people).

10.Displaced Burmese NationalsThis group includes minorities who lived in Burma before immigrating and

living in Thailand for the last approximately 20 years. The Thai government

understood that the people in this group had Burmese nationality. In fact, however,

most of the people who had fled into Thailand were of the Hmong, Karen, Shan, and

Mon-Khmer ethnic groups. The Thai government decided that those in this group who

immigrated into Thailand before 9 March 1976 (B.E. 2519) the day the policy was

announced would be considered Displaced Persons. Those who moved into

Thailand after that date were excluded from the group and considered illegal

immigrants. People in this group resided in the areas of Chiang Mai, Chiang Rai, Tak,

Mae Hong Son, Ratchburi, Prachuabkhirikhan, Chumphorn, and Ranong

For this group, a cabinet resolution passed on 29 August 2000 (B.E. 2543)

granted those who immigrated into the country before 3 October 1985 (B.E. 2528)with important migrant identification documents and granted their children born in

Thailand with Thai nationality.

11.Illegal Migrants from Burma (with Permanent Residence)People in this group are currently facing a number of problems. They entered

Thailand after 9 March 1976 (B.E. 2519) and live in the same control areas as the

aforementioned displaced Burmese nationals (Group 10 above).

12.Illegal Migrants from Burma (Migrant Workers)People of Burmese nationality crossed along the Burma-Thailand border to

find work in Thailand; for example, in the provinces of Ranong, Chiang Rai, Tak,

Mae Hong Son, and Kanchanaburi. For the most part, these people did not have a

permanent residence. Rather, they lived with their employer and were thus considered

illegal migrants. The government passed a policy granting this group with a

temporary exemption in the case that employers could not find Thai employees to hire

(in some provinces). The government issued identification cards for the first time at

the end of the year 1993 - 1994 (B.E. 2536 - 2537).

On 17 March 1992 (B.E. 2535), a cabinet resolution gave this group

permission to work in Thailand. It was the first resolution passed regarding migrant

workers.


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13.Highlanders and Hill TribesHill tribes comprise of ethnic minorities who live in the forested areas of the

hills in the highland areas stretching across the north and west of Thailand. This

includes the districts of Chiang Mai, Chiang Rai, Mae Hong Son, Lampoon,

Lampang, Payao, Tak, Sukhothai, Nan, Kamphaengphet, Prae, Phitsanulok,

Phetchabun, Loi, Uthaithani, Kanchanaburi, Suphanburi, Ratchburi, Petchburi, and

Prachuabkhirikhan.

A cabinet resolution passed 5 June 1990 (B.E. 2533) called for a census of

highlanders living in the aforementioned 20 provinces from 1990 - 1991 (B.E. 2533 -

2534). These people would have yellow registration forms and blue identification

cards. The process to create the identification cards for the highlanders at that time

emphasised hill tribes and minorities living in the highlands, including the Shans,

Chinese, Burmese, or Laos living in the same areas. Highland refers to areas with

an incline of over 18 degrees and more than 500 metres above sea-level. Therefore,

people living in these highland areas could apply for identification cards (highlander

type) as well, without distinction from other hill tribe or highlander groups.To this end, hill tribe people who have Thai nationality can ask to be

registered under the Regulation of the Central Registration Bureau on the

Consideration of Thai Nationality and Civil Registration for Highlanders 2000 (B.E.

2543). In the case of non-hill tribe people who immigrated into Thailand before 3

August 1985 (B.E. 2528), however, two cabinet resolutions passed on 3 October 1995

(B.E. 2538) and 29 August 2000 (B.E. 2543), granted Thai nationality to children

born in Thailand and legal migrant status with the permanent right to reside in

Thailand to the parents.

14.Migrants of Thai Ethnicity from Kong Island, CambodiaKong Island once belonged to Thailand but became a part of Cambodia after

Thailand signed the island over to France. Some of the Thai people who lived there

remained in order to keep their property holdings. After the political regime of

Cambodia changed, these Thai people then immigrated into Trad province, Thailand.

A cabinet resolution passed on 19 February 1991 (B.E. 2534) approved naturalisation

for Thai nationality for this group.

15.Migrants of Thai Ethnicity from Kong Island, Cambodia(Immigrating after 20 May 1977)

These people are in fact the same as the aforementioned Thai Migrants fromKong Island (#14 above), but the cabinet resolution restricted naturalisation to only

those people in this group who immigrated into Thailand before 20 May 1977 (B.E.

2520). Those who immigrated after this date were considered illegal migrants from

Cambodia, even if they were of Thai ethnicity.

16.Illegal Migrants from CambodiaThere were two groups of people included in a census and considered as part

of the above categorisation (#15). The first includes ethnic Cambodians who migrated

into Thailand and were considered illegal Cambodian migrants. The second includes

ethnically Thai people who migrated from Kong Island, Cambodia. These people


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immigrated into Thailand after 20 May 1977 (B.E. 2520). The number of people

included in the census from these two groups combined equalled 6,265 people.

17.Mlabri or Yellow Leaf PeopleThe Mlabri or Yellow Leaf People are a minority group in Thailand who live

in the same areas as highlanders. Their frequent movements make creating definite

policies difficult, though they largely settled in the districts of Prae and Nan. They

were registered into the civil registration system and given highlander identification

cards. They are eligible to be registered under the Regulation of the Central

Registration Bureau on the Consideration of Thai Nationality and Civil Registration

for Highlanders 2000 (B.E. 2543) because they have Thai nationality according to the

law.

18.Highland CommunityRegistration of the highland community has proceeded under the Miyazawa

Project. In fact, creating identification cards for highlanders between 1990 - 1991

(B.E. 2533 - 2534) was probably the last time, but the government felt that the census

was still incomplete. Thus, this project was taken up with the support of the National

Economic and Social Development Board as well as the National Security Council in

order to estimate the number of people in the highland community and to pursue the

Master Plan on Community and Environment Development and Narcotic Plant

Control No. 2 during 1997 - 2001 (B.E. 2540 - 2544). Altogether, there were 186,929

highland people from this census registered in the civil registration system and given

identification cards.

Currently, a cabinet resolution has provisionally approved temporary

residence in order to verify their legal status at a later date.Altogether, the Thai government has accepted people from 18 minority groups

to be registered in the civil registration system and given identification cards.


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CHAPTER 2

Birth Registration for

People Born in Thailand


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The Birth Registration Process in Thailand

Since 22 November 1991 (B.E. 2534), all the crucial legal issues relating to

birth registration, the system and the methodology in Thailand have fallen under the

Civil Registration Act 1991 (B.E. 2534). In the Act, there are provisions regarding theprocesses of birth registration in Thailand: reporting a birth; accepting a birth report;

and issuing a document of birth registration. According to legal principle, every

person born in Thailand should have access to such processes, excepting persons not

mentioned in the provisions. Denying access to these people can potentially lead to

violations of civil and political rights, especially in Article 24 paragraph two under the

International Covenant on Civil and Political Rights, 1966 (B.E. 2509).

Persons Eligible for Birth Registration

In the very beginning, a key and much-discussed issue concerned which

persons were to be eligible for birth registration in Thailand under the CivilRegistration Act 1991 (B.E. 2534). However, it is obvious from internal regulations

and orders that the Department of Provincial Administration (DOPA), Ministry of

Interior has its own ideas regarding the limitation of civil registration. At first, only

people with Thai nationality could go through the birth registration process. Aliens

required the implementation of another subordinate law to set a methodology to

follow in entering the same processes.

This is evident in two ministerial regulations: the first passed in 1992 (B.E.

2535)1

under the Civil Registration Act 1992 (B.E. 2534) (no longer in use), and the

second passed in 2005 (B.E. 2548) granting people with alien status (without Thai

nationality) approval for birth registration. Nevertheless, the issue of these two

regulations would not have been necessary if DOPA had adopted the Citizen

Theory of Associate Professor Phunthip Kanchanachittra Saisoonthorn.

Therefore, people with access to birth registration under the Civil Registration

Act 1992 (B.E. 2534) include:

1. People with Thai nationality

2. People with the permanent right to reside in Thailand

3. People with a temporary right to reside in Thailand (visa and passport

holders)

4. People granted permission to temporarily reside in Thailand under Article

17 of the Immigration Act 1979 (B.E. 2522) (minority group members

holding one of various types of identification cards)

On the other hand, persons who cannot begin the birth registration process are

those born in Thailand to illegal migrant parents with no rights to reside in the

country. This directly causes problems regarding legal status problems of personal

identification as well as statelessness. Further, the Thai state could be violating human

rights as stated under Article 24 paragraph two of the International Covenant on Civil

and Political Rights, 1966 (B.E. 2509) ratified on 29 October 1997 (B.E. 2540) by the

Thai state without any reservation. The Article emphasises that every child shall be

registered immediately after birth and shall have a name.

1 Has since been rescinded.


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Processes of Birth Registration under the Civil Registration Act 1992 (B.E. 2534)

The word birth registration is literally mentioned in the Civil Registration

Act 1992 (B.E. 2535) as a whole process including accepting evidence that the birth

has been reported as well as registering of the birth. The processes are not very

complicated, but explanations of the process are circulated in various regulations and

orders. There are four processes of the birth registration:

1. The Process of Issuing the Document of the Birth RegistrationWhen a child is born in Thailand, the place of birth must be considered. If

born in health care clinic or by professional delivery, the institution or person taking

responsibility for the delivery must issue a document called a delivery certificate to

the parents or the householder of the place where the birth took place. This certificate

is very important evidence used to confirm the birth under Article 23 of the Civil

Registration Act 1992 (B.E. 2535).2

The form used for delivery certificates is designated in Article 134 (2) of thecentral registration bureau regulation called Tor Ror 1/1 (1992, or B.E. 2535).

3

Hospitals or health care clinics with a delivery professional complete this form when

issuing delivery certificates. On the other hand, if a birth takes place in a house,

community, or other place without a delivery professional, there is no specific form or

template with which to issue a delivery certificate.

The delivery certificate issued by public hospitals and clinics is considered an

official document. Through this document, personal identification can be verified at

any given point in time. Delivery certificates serve two purposes: first, as a record for

the parents or guardians, and second, for the institution of birth (public hospitals and

clinics) to keep, record the birth, and confirm that the certificate has been issued.

The delivery certificate outlined under Article 23 of this Act may be issued to

anyone born in Thailand regardless of legal status. The article further states that

officials issuing delivery certificates are responsible only for confirming the birth and

the location of birth; it emphasises that the process is not related to civil registration

access at all. The Ministry of Interior affirms this approach in two official letters: No.

0310.1/6984 on 22 May 2002 (B.E. 2545) and No. 0310.1/wor.15 on 10 June 2002

(B.E. 2545).

Therefore, the Department of Provincial Administration (DOPA) considers

from the legal standpoint that a delivery certificate serves solely as evidence for

confirming the birth of a child, but not declaring or registering the birth.4

Therefore, it is clear that the delivery certificate outlined in Tor Ror 1/1 is not birthregistration per se, but rather fundamental evidence to prove the birth and location of

the birth. The delivery certificate, however, can be used to initiate the next step in the

birth registration process.

2 Article 23: When there is a birth or death, the person performing the delivery or a doctor shall issue a delivery or

death certificate using the form designated for this purpose by the director of the central registration bureau under

Article 18 or 21.3 See also: The attachment No. 1, the form for the delivery certificate (Tor Ror 1/1).4 Ministry of Interior official letter No. 0310.1/6984 sent on 22 May 2002.


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2. The Process of Reporting the Birth to a Local RegistrarThe parents of the newborn or an official with this particular duty must report

the birth to the local registrar, whether there is a delivery certificate or not, in order to

acquire a certificate confirming that the birth has been reported. This certificate

confirming that the birth has been reported serves as evidence proving the birth and is

used in the first step of the birth registration process. This certificate is mostly for

children not born in a hospital or issued a delivery certificate.

The 23 March 1992 (B.E. 2535) declaration of the central registration bureau

pronounced the village headman (Kamnan or Phuyaiban) responsible for performing

the duty of local registrar under Article 4 of the Civil Registration Act 1991 (B.E.

2534). It is important to note that the authority of the local registrar is limited. The

local registrar can only issue certain documents a certificate of the acceptance of the

birth report or a certificate of the acceptance of the death report, for instance but

cannot register a birth.

The form used to create the certificate, called Tor Ror 1 Ton Na,5

is set in

Article 52 and Article 134 (3) of the central registration bureau regulation enacted in1992 (B.E. 2535). By law, issuing this certificate is the responsibility of those

specifically assigned with the task. The birth registration process is considered a

completely separate duty and is handled by the district officer, who decides whether

applicants may or may not commence the birth registration process.

Article 18 states that a birth must be reported to the local registrar (village

head) within 15 days. However, it is not considered overdue to report to the district

office (to begin the birth registration process) after 15 days or more.

Remarks:

- Although the certificate confirming that a birth has been reported is simply a

confirmation document (Tor Ror 1 Ton Na), it also provides crucial evidence proving

the details of a birth. Such details include names of witnesses of the birth and the

person(s) involved with the delivery that can be used to demonstrate where the birth

took place. In practice, however, evidence is not generally accepted for backdated

cases. The reason for this is that the procedures for issuing the documentation were

not clear before, and it is not possible to verify a backdated certificate when no prior

copies or standardised system existed.

- The local registrar can issue the certificate confirming that a birth has been

reported to anyone without consideration of legal status because the certificate

confirming that the birth has been reported is only the process of reporting the birth.Moreover, this certificate, together with the delivery certificate, does not fall under

ministerial regulations.

- The process does not require officials responsible for this matter to issue the

certificate confirming that a birth has been reported. Those responsible for reporting

the birth can go to a district officer directly if they already have a delivery certificate

(Tor Ror 1/1). However, if the birth took place in a community and they do not have a

delivery certificate, they must go through the process of acquiring Tor Ror 1 Ton Na

to use as evidence proving the location of the birth in order to begin the next step of

the birth registration process.

5 See also: Attachment No. 2, the form used as the certificate proving acceptance of the birth report (Tor Ror 1 Ton

Na).


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3. The Process of Reporting a Birth to a District OfficerReporting a birth to the district registrar

6is the primary method to begin the

birth registration process. The process is described in Article 18 of the Civil

Registration Act, which states that when a person is born, the following steps must be

taken:

(1)If the birth occurs at home, the householder or parents must report the birth

to a district registrar in the area where the birth took place within 15 days.

(2)If the birth occurs outside the home, the parents must report the birth to a

district registrar (any district) within 15 days. The report can also be made

after this deadline, but not more than 30 days after the birth.

The director of the central registration bureau has designated a form to be used

in reporting births according to (1) and (2). The name of the person making the report

must also be recorded.

When a birth is reported, the officer is responsible for issuing a birth

certificate as evidence of the report under Article 20 of the Act. However, ministerialregulations limit those who may be issued birth certificates. For example, a child born

in Thailand whose parents are illegal migrants with no right to reside in Thailand

cannot be issued a birth certificate, whereas a child born of parents with Thai

nationality or aliens with the temporary right to reside in Thailand can.

The process for reporting the birth, the forms, and the types of birth

certificates are outlined under the Regulation of the Central Registration Bureau on

Civil Registration 1992 (B.E. 2535) under Article 8 (1) paragraph two of the Civil

Registration Act 1991 (B.E. 2534). The process can be divided into three parts:

3.1) Reporting a Birth: People with Thai Nationality under Article 18(Reporting within the 15-day deadline)

Article 52 of the regulation outlining the process for reporting a birth for

people with Thai nationality states that district officers have the duty to verify the

information recorded in the birth documentation of the child and the parents. If it is

clear that the child was born in Thailand and has Thai nationality, the officer will

issue a birth certificate. The birth certificate will be created according to the form in

Article 134 (1) 7 called Tor Ror 1 for people with Thai nationality who have

reported the birth by the deadline.

3.2) Reporting a Birth: People with Thai Nationality under Article 18(Reporting after the 15-day deadline)

Article 57 of the regulation outlining the process for reporting a birth for

people with Thai nationality states that district officers must fine those who report

after the 15-day deadline. According to Article 57 (2), the fine may not exceed 1,000

baht. The officer must also verify the identification of the person making thereport,

the parents, and investigate as to the cause for the delay in reporting the birth.8

If it is

6 Article 9: A registrar means a district registrar, a local registrar, and the others who the director of the central

registration bureau has appointed as responsible for accepting reports of births, deaths, house transfers, house

building, house demolition, and setting house numbers.7

See also: Attachment No. 3, the birth certificate (Tor Ror 1) .8 Article 58 bis: In the case of an overdue birth report of a person above 7 years old under Article 57 and 58, the

registrar shall ask for a photograph of the person in the process of birth registration and record all the necessary


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clear that the child was born in Thailand and has Thai nationality, the officer will

issue a birth certificate. The person making the report will receive a birth certificate

created according to the form in Article 134 (4)9

called Tor Ror 2 for people with

Thai nationality who have reported the birth after the designated time frame as stated

in the Regulation.

3.3) Reporting a Birth: Aliens (People residing in Thailand without Thai

nationality)

Reporting the birth for people with alien status (residing in Thailand without

Thai nationality) is outlined in Article 53 and 58 of the Regulation. The process is

similar to that of people with Thai nationality and is also divided according to whether

the birth is reported before or after the deadline. The only difference is the form used

to create the birth certificate. Aliens will receive Tor Ror 3, which is the form for

people without Thai nationality.10

Whether the report of the birth was made before or

after the deadline, the procedures to be followed are as listed under Article 134 (5).

For all three methods of reporting a birth, the registrar must provide the childwith a 13-digit identification number according to Article 16

11in order to record the

information into the civil registration database. Moreover, the registrar will register

the childs name into the civil registration system, possibly according to Tor Ror 14,

Tor Ror 13, or the central household registration bureau, depending on the case.

In the past, the birth certificate consisted of three segments:

Part I: Kept as evidence by the person reporting the birth

Part II: Sent to the central registration bureau for the information to be

entered into the database and then sent on to be kept in the local

registration office (Article 133 and 157 of the Regulation)Part III: Sent to the local public health unit

The central registration bureau began using a computerised civil registration

system in 1995 (B.E. 2538); since then, all the information has been recorded in the

computer system. Therefore, processing Part II and Part III (above) is no longer

necessary. The evidence in Part 1 is still given to the person reporting the birth.

4. The Birth Registration ProcessWhen the birth has been reported and the birth certificate issued, the registrar

is responsible for registering the birth using the information from the birth certificate

as outlined under Article 26. 12 Moreover, the central registration bureau is also

responsible for registering the birth using information from Part II of the birth

information about the person, the reporter, and witnesses. Moreover, the person shall sign a form called Tor Ror

25 in the presence of the registrar. The registrar can then submit the application with other evidence to the chief-

district officer for further consideration.9 See also: Attachment No. 4, the birth certificate (Tor Ror 2).10 See also: Attachment No. 4, the birth certificate (Tor Ror 3).11 Article 16: The director of the central registration bureau shall issue unique 13-digit identification numbers for

each person registered in the Kingdom of Thailand civil registration database. Any exceptions must be stated in a

ministerial regulation.12 Article 26: A district officer or local registrar shall register births and deaths using the information from birth

and death certificates according to the form set by the director of the central registration bureau.


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certificate under Article 15513

of the Regulation. A birth registration database exists at

both the local registration office (including birth records of people in the local

community) and the central registration bureau (including birth record of every person

in the country).

Once all the above steps have been taken, the birth registration process is

complete according to the Civil Registration Act 1991 (B.E. 2534).

13 Article 155: The central registration bureau shall register births using information from Part II of the birth

certificate.


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Retroactive Birth Registration

Retroactive birth registration is intended for persons born in Thailand but

whose births were not reported within the designated time frame according to the law.

Generally speaking, documents provide proof (of birth, of self). Thus, the governmentstipulates that birth information be documented so people will have evidence as to the

rights and responsibilities they are entitled according to the law. The documentation

referred to here is the birth certificate. The retroactive birth registration process is as

follows:

(1)If the birth occurs at home, the householder or parents must report the birth

to a district registrar in the area where the birth took place within 15 days.

(2)If the birth occurs outside the home, the parents must report the birth to a

district registrar (any district) within 15 days. The report can also be made

after this deadline, but not more than 30 days after the birth.

In conclusion, a birth must be reported within 15 days, or, if the report is madepast the deadline, within 30 days according to (2).

14

1. The Type of Birth CertificateIn the event that a birth is reported before the 15-day deadline, a birth

certificate called Tor Ror 1 will be issued (only for people with Thai nationality; a

birth certificate called Tor Ror 3 will be issued instead if Thai nationality cannot be

verified).

On the other hand, if a birth is reported after the 15-day deadline, a birth

certificated called Tor Ror 2 will be issued (only for people with Thai nationality; a

birth certificate called Tor Ror 3 will be issued instead if Thai nationality cannot beverified).

2. How to Retroactively Register a BirthPeople who wish to register a birth after the deadline can submit an

application to the district office in the district where the child was born. In principle,

there is no age limit according to the law, but in practice, the child cannot be older

than 15 years of age to apply for a retroactive birth certificate. After age 15, the child

can be registered through the civil registration system.

3. The Application FormsGovernment-issued forms should be used for birth and civil registration (these

application forms can be requested at the district office), such as:

(3.1) General Application Form for Civil Registration (Tor Ror 31) (1 copy)

(3.2) General Record for the Retroactive Birth Certificate (Por Kor 14) (1

copy)

(3.3) Witness Investigation Form for Retroactive Birth Certificate (2 copies)

14 If the birth report is overdue, according to the law, the fine is not more than 1,000 baht under Article 47 of theCivil Registration Act 1991 (B.E. 2534). In fact, the fine is never more than 20 baht following the official letter of

the Ministry of Interior No. 0322/Wor 15.


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4. Evidence Used During the Birth Registration Process(4.1) Identification card and any other registration documents of the applicant

(if any)

(4.2) Copy of the identification card of the father or mother of the applicant (if

any)

(4.3) Copy of household registration (Tor Ror 14 / Tor Ror 13) of the father or

mother of the applicant (if any)

(4.4) Copy of the identification card and other registration documents of the

father or mother of the applicant, in the case neither have Thai citizenship

(if any)

(4.5) Copies of the identification cards of witnesses of the reporting of the

birth

Remark: According to the law, undocumented persons are able to apply for

retroactive birth certificates, but they need reliable witnesses to prove that the child

was born in Thailand and his/her birth wasnt reported.

5. Follow-Up with the District OfficeThe retroactive birth registration process is outlined in the Civil Registration

Act 1991 (B.E. 2534), as well as Articles 57 and 58 in Part III of the Regulation of the

Central Bureau of Civil Registration 1992 (B.E. 2535). According to this process,

there are steps and deadlines for the district officers to follow, such as:

Within 15 working days, the district registrar accepting the application will

verify the evidence, issue fines as necessary, and make annotations to be passed to the

chief district officer. Within 3 working days, the district officer will come to a

decision regarding the application. Therefore, within 17 working days

15

from the datethe application was submitted, the applicant will receive a birth certificate from the

district office.

15

17 working days, as written in the Thai-language version of the manual.


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Birth Registration Forms


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Official Letters on the Birth Registration


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CHAPTER 3

Management of the Personal Legal

Status of Ethnic Groups in Thailand


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Adding Names to Household Registration (Tor Ror 13)

Applying for household registration (Tor Ror 13) is, as a rule, useful for

several reasons.

-The applicant is entered into the household registration (as well as DOPAsregistration database) and acquires a 13-digit identification number.

- The applicant has access Thai nationality as a fundamental right by law.

- The applicant is included in the Project on Aliens as a fundamental right under

the cabinet resolution passed on 3 October 1994 (B.E. 2537).

- The applicant is given a legal status (as legal and registration evidence) and is

also considered under the responsibility of DOPA.

1. The Meaning of Household Registration (Tor Ror 13)Household Registration (Tor Ror 13), according to the law, means registration

for migrants with the temporary right to reside in Thailand who may have enteredlegally or illegally. According to the law, illegal migrants may be further

distinguished into two groups:

1) Persons entering illegally but granted permission for temporary residence in

Thailand under Article 17 of the Immigration Act 1980 (B.E. 2523).

2) Persons entering and residing in Thailand illegally without permission under

immigration law.

2. The Extent of the Household Registration System (Tor Ror 13)DOPA will register persons with unclear legal status and those considered

illegal migrants into the household registration system (persons with Thai nationalitywill have their names added to the household registration as persons with the

permanent right to reside in Thailand, or Tor Ror 14).

If migrants to Thailand with or without legal permission to enter the country,

together with the people born in Thailand but who are without Thai nationality, wish

to apply to be entered into household registration (Tor Ror 13), they must apply using

the designated forms and submit them to the district office or the registrar in the area

where the applicant currently has a domicile. Once the registrar has received the

application, the registrar will process the application as following:

(1)Investigation of the applicant and verification of documents, especially

evidence from the official government division responsible for the

applicant.

(2)Investigation of the householder for evidence permitting the applicants

residence.

(3)Verification with the central registration bureau whether the applicants

name has already been entered into household registration elsewhere.

(4)Collection of all evidence, making annotations where needed and

submitting to the chief district officer.

(5)Once the chief district officer has given approval, the registrar must enter

the applicants name into the household registration system and provide

the applicant with a copy. Applicant or official letter number, date of

application, registrar signature, and date of approval must be noted.


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(6)Determination of a 13-digit identification number as evidence that the

applicant has been entered into the household registration system under the

form set in Article 134 (23).

(7)Report as designated in Article 132 (6) of the regulation.

In conclusion, those applying for household registration under Tor Ror 13,after submitting the application, include:

3.1) Persons without Thai nationality (aliens).

3.2) Persons who entered Thailand legally with the temporary right to reside

in Thailand or people who entered illegally, with or without permission

for temporary residence.

3.3) Persons under the responsibility of an official government division and

also with clear evidence.16

Those applicants with the appropriate evidence as mentioned above have the

right to have their names entered into the household registration.

3. How to Apply to be Entered into the Household Registration System(Tor Ror 13)

The applicant must file an application at the district office in the area of his or

her current domicile. This refers to the district office in which the applicants

identification card was issued (noted on the identification card) and the personal

records taken. The person cannot file the application in other districts.

In the case that the applicant does not have personal records or an

identification card, the applicant can submit the application to the district office in the

area where he or she permanently resides.

4. The Application Form

Government-issued applications should be used (which can be requested at the

district office), such as:

4.1) General Application Form on Civil Registration (Tor Ror 31) (1 copy)

4.2) Investigation Record Form for Applicants Requesting to Enter Names

into the Household Registration (1 copy)

4.3) Witness Investigation Form (2 copies)

4.4) Applicant Investigation Form with photo of the applicant attached (1

copy)

5. Evidence Used in the ApplicationThe applicant must provide all personal documents (evidence) to the district

officer, especially official documents proving that the applicant is under some official

government divisions responsibility, such as a copy of the identification card,

personal records, or a copy of a household survey record (registration for Thai hill

tribes, called Tor Ror Chor Khor 1).17

16 Meaning a person included in a census and registered by DOPA. For persons without any documents from

DOPA, documents issued by a village head can also be used instead.17 This registration was made by the Department of Public Welfare for an evidence of its responsibility over the

person.


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6. Follow-Up with the District OfficeThe retroactive birth registration process is outlined under the Civil

Registration Act 1991 (B.E. 2534) and also Article 105 of Section I in Part IV in the

Regulation of the Central Bureau of Civil Registration 1992 (B.E. 2535). According

to this process, there are steps and deadlines for the district officers to follow, such as:



chief district officer. Within 3 working days, the chief district officer must decide

whether to approve the application. The applicant will thus be informed whether the

application has been approved within 23 working days. The applicant will also

receive a copy of the household registration from the district office.


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Forms for Household Registration (Tor Ror 13)

Household Registration of the Tor Ror 13 Type

. .13


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Legal Assistance for Highlanders of Thai Nationality

People living in the highland areas of Thailand who acquired Thai nationality

under jus sanguinis, jus soli, or by marriage are fully entitled to apply for Thai

nationality registration without consideration of their ethnic groups under theRegulation of the Central Registration Bureau on the Consideration of Legal Status

Registration for Highlanders 2000 (B.E. 2543).

This regulation uses the term legal status registration, stemming from the

fact that this regulation does not have the authority to actually determine legal status;

legal status may only be determined via nationality law.

Therefore, highlanders who wish to register their legal status (as Thai

nationals) must present various pieces of evidence the conditions for Thai

nationality acquisition under the law to be verified. 18 One of the three following

verifications need to be completed:

(1)Verification that either the father or the mother has Thai nationality

(2)

Verification that the person was born in Thailand as well as either the father orthe mother

(3)Verification that the husband has Thai nationality19

As a matter of fact, the second type of verification is emphasised for the highland

people because it is not complicated and can be easily proved. Moreover, DOPA has

issued registration documents, such as the records of highlanders and household

survey records, which can be used as strong evidence.

As mentioned, verification of Thai nationality consists of proving three crucial

facts about the applicant:

(1)The person was born in Thailand.

(2)

The father or mother of the person was born in Thailand.(3)If the person was born in Thailand after 26 February 1992 (B.E. 2535), the

grandparents did not immigrate into Thailand.20

If the person cannot prove these facts, he or she is not eligible for Thai nationality.

1. How to Provide Legal AssistanceProvide legal assistance to hill tribe people applying for Thai nationality.

2.

Submitting an Application to the District OfficeIn the case that it is clear that a person and either his or her father or mother

were born in Thailand, the person can submit an application for Thai nationality and

household registration (Tor Ror 14) because the person is eligible for Thai nationality.

The person can submit the application as a household or individually, if the person

has reached his/her majority. The exceptions include orphans or other expedited

cases, which are up to the consideration of the local district office.

18 In some cases, the evidence is insufficient and the loss of Thai nationality must be verified. This is a possibility

if the parents have immigrated into Thailand.19 This only applies for those couples who registered their marriage before 1 February 1960 (B.E. 2503). The wife

would acquire Thai nationality automatically.20 If the grandparents immigrated into Thailand before the enactment of the first Immigration Act, that is, before 2

July 1927 (B.E. 2470), the person already has legal migrant status and the permanent right to reside in Thailand.


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As a rule, an application should be submitted as a household because if

accepted, the names will be registered into the same household registration (Tor Ror

14) when the application is approved.

3. The Application FormApplicants must complete the Thai Nationality registration form issued under

the Regulation of the Central Registration Bureau on the Consideration of Legal

Status Registration for Highlanders 2000 (B.E. 2543).

4. Documentation Used as Evidence in the Application(1)A birth certificate or a delivery certificate of the applicant and of the father

or mother (if any)

(2)A copy of the personal records (according to the legal status of the person)

of the applicant and of the father or mother (if any)

(3)

A copy of the household registration (Tor Ror 13) of the applicant and ofthe father or mother (if any)

(4)A copy of the household survey record of the applicant and of the father or

mother (if any)

(5)A copy of the identification card of the applicant and of the father or

mother (if any)

(6)A copy of the identification cards of the witnesses (only in some cases)

(7)Other evidence which may prove a persons Thai nationality according to

the law (if any)

5. Follow-Up with the District OfficeThe process for applying for Thai nationality is outlined under the Regulation

of the Central Registration Bureau on the Consideration of the Legal Status

Registration for Highlanders 2000 (B.E. 2543). According to this process, there are

steps and deadlines for the district officers to follow, such as:



chief district officer. Within 30 working days, the chief district officer must decide

whether to approve the application. The applicant will be registered into the civil

registration system for people given the permanent right to reside in the country (Tor

Ror 14) and will be issued a citizenship card if the application is approved.

Conversely, if the application is not approved, this means that the applicant does nothave Thai nationality (however, if the evidence shows clearly that the applicant is

eligible for Thai nationality according to the law, the applicant can appeal). The

district office will register the applicant into the civil registration system according to

Tor Ror 13.


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The Regulation of the Central Registration Bureau

on the Consideration of Legal Status Registration

for Highlanders 2000 (B.E. 2543)


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Legal Assistance for Alien Migrants

People in this group include those who immigrated into Thailand (without

Thai nationality). In another words, they were born outside Thailand and later moved

into the country.21

Legal Status: Illegal Migrants

1. How to Provide Legal AssistanceLegal assistance for illegal migrants may be provided in one of three ways,

depending on the persons documentation and when he/she entered the country.

Census information enables illegal migrants to be distinguished into 3 groups as

follows:

2. Table of Basic UnderstandingFacts Legal Assistance

1. Persons immigrating into

Thailand before 3 October 1985

(B.E. 2528) holding a high

identification card; Highland

Community; Displaced Burmese

Nationals; Nepalese Immigrants; and

Independent Jean Hor

- Submit an application for legal migrant

status and also for the permanent right to

reside in Thailand


Thailand between 3 October 1985(B.E. 2528) until 15 September 1999

(B.E. 2542)

- Apply to register an additional name in

the household registration (Tor Ror 13)


Thailand after 15 September 1999

(B.E. 2542)

- Submit an application for people without

registered legal status

3. ExplanationAliens who were born outside Thailand and immigrated into Thailand before 3

October 1985 (B.E. 2528) had to be registered and given one of four types of

identification cards (excepting hill tribes though they do not have personal recordsor identification cards, they hold household registration (Tor Ror 13) and are

exempted in this case) as follows:

(1)Highlanders (blue-colour card)

(2)Displaced Burmese Nationals (pink-colour card)

(3)Nepalese Immigrants (green-colour card)

(4)Independent Jean Hor (orange-colour card)

These people are illegal migrants according to the law, but they have been

given permission for temporary residence.

21 There are some exceptions. Those born outside Thailand whose mother has Thai nationality or whose father

legally registered his marriage with the mother without Thai nationality are also eligible for Thai nationality.


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It is possible to support this group by assisting them in applying for legal

migrant status and for permanent residence in Thailand, according to the Project of

DOPA, Ministry of Interior.22

4.

How to Provide Legal AssistanceAfter reviewing the evidence, hill tribe people fall under the category of Tor 1.

People considered to be hill tribe members hold highlander identification cards (blue-

colour) or, if not, then household registration (Tor Ror 13). The cabinet resolution

passed on 3 October 1985 (B.E. 2528) clearly identifies the Public Coordination

Division of DOPA as responsible for these people who are hill tribe people and hold

highlander identification cards or household registration.

The cabinet resolution passed on 29 August 2000 (B.E. 2543) details the

responsibilities of the Public Coordination Division regarding highlanders who are not

hill tribe members but have been registered and have one of the four aforementioned

types of highlander identification cards as follows:

(1)

Highlanders who have personal records and hold identification cards forhighlanders (blue-colour) but their records and the cards do not say they are hill tribe

members. The division responsible for them is the Ethnic Minority Registration

Division, DOPA, Ministry of Interior.

(2)Highlanders who have personal records stating that they are Displaced

Burmese Nationals; Nepalese Immigrants; or Independent Jean Hor, and hold

identification cards. The division responsible for them is the Information Division,

DOPA, Ministry of Interior.

Thus, the qualifications differ for highlanders who are hill tribe members and

those who are not.

1) Hill tribesThe persons in this group hill tribe members under the responsibility of the

Public Coordination Division, DOPA can submit applications to change their legal

status from illegal migrant with temporary residence in Thailand to legal migrant with

permission to reside permanently in Thailand. In order to apply, the applicant must:

1. Be considered a hill tribe member and hold a highlander identification card

(blue-colour) or household registration (Tor Ror 13);

2. Have lived in Thailand not less than 15 years or have continuously had a

permanent domicile in one specific district for a consecutive period of not less than 10

years from the day the cabinet resolution was passed (this process must be approved

by the village heads and Committee on Hill Tribes in the district);

3. Obey laws and official regulations;

4. Have interest in using the Thai language;

5. Have loyalty towards country and King;

6. Have rendered distinguished service to Thailand or done acts to the benefit

of the government or community;

7. Have a legal occupation and financial stability;

8. Not have any involvement with narcotics;

9. Not have any involvement with environmental destruction;

22 With the authority of the Immigration Act 1979 (B.E. 2522); the cabinet resolution passed on 3 October 1995

(B.E. 2538); and the cabinet resolution passed on 29 August 2000 (B.E. 2543).


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10.Conditions in 5, 6, 7, 8 and 9 must be vouched by not less than three

people; the first, an officially reliable person with Thai nationality; the second, the

Committee of the District Council; and finally, a government official having a rank

classification over the fourth level and also working in the same area where the

applicant resides.

2) Other people in the highland community (not hill tribes, butconsidered ethnic minorities and under the responsibility of the Information

Division, DOPA)

In principle, the cabinet resolution passed on 29 August 2000 (B.E. 2543), as

well as Article 17 of the Immigration Act 1980 (B.E. 2523), granted the legal status of

legal migrant with permission for permanent residence in Thailand to non-hill tribe

highlanders whose names have been registered and hold highlander identification

cards of one of the aforementioned four types.

The ministerial letter No. 0310.1/1683 sent on 26 January 1995 (B.E. 2538)

states the following qualifications:The applicant must:

1. Be a highlander (but not a hill tribe member a cabinet resolution passed

on 3 October 1995 (B.E. 2538) already assigned alien legal status to hill tribe

members) or in the process of creating highlander personal records who illegally

migrated into Thailand before 3 October 1985 (B.E. 2528) (according to the cabinet

resolution passed on 3 October 1995 (B.E. 2538));

2. Have a domicile in Thailand, personal records, and an ethnic minority

identification card;

3. Have sufficient command of the Thai language to able to speak and

understand;

4.

Have loyalty towards country and King;5. Not pose any risk to national security or act as prohibited under Article 44

of the Immigration Act 1980 (B.E. 2523):

5.1) Be convicted either by Thai or foreign court, excepting minor

offenses and negligence or mistakes as excepted by law

5.2) Unable to hold a regular occupation due to being physically or

mentally disabled or in a chronic condition as mentioned in the

ministerial regulation;

6. Have a legal occupation and financial stability;

7. Intend to apply for legal migrant status.

In this way, aliens satisfying the above qualifications, according to Tor 1,are able to apply for the status of legal migrants permitted to reside permanently in

Thailand. Once they are legally granted this status, these persons are no longer

considered illegal migrants and can travel without restriction. They can take up any

legal occupation.

5. Application FormsThe application form used to request the status of legal migrant with

permission for permanent residence in Thailand, according to the Public Coordination

Division (DOPA) project that considers giving migrant status to hill tribe members

who migrated into Thailand, is the Record and Verification of Documents RegardingGiving Migrant Status to Hill Tribes.


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The application form used for non-hill tribe highlanders, according to the

cabinet resolution passed on 29 August 2000 (B.E. 2543), is the application form and

provision for requesting legal migrant status for non-hill tribe highlanders as

described in Article 17 of the Immigration Act 1980 (B.E. 2523).

6. Evidence Used in the Application(1)A copy of the personal records and identification card of the applicant (the

applicant may ask for copies at the district office)

(2)A copy of the applicants household registration (Tor Ror 13) (if any)

(3)A copy of the household survey record (if any)

(4)Evidence of level of education (if any)

(5)Evidence showing distinguished service rendered to Thailand or acts to the

benefit the government or community (if any)

(6)Evidence of occupation (if any), such as records showing the payment of

taxes

In the case of non-hill tribe members, three 2-inch photos and also three copiesof each of the above evidence need to be prepared.

7. How to Submit the ApplicationAccording to the Public Coordination Division (DOPA), the district offices do

not accept applications generally. Instead, the government division responsible for

this matter will send officials to the highland areas to collect applications. Prior to

when the officials arrive to collect applications, hill tribes will be notified with the

date and location.

Thus, hill tribe members with highlander identification cards (blue-colour)must coordinate and be aware of the collection date so that they may prepare ahead of

time. Non-hill tribe highlanders with personal records (Displaced Burmese Nationals;

Nepalese Immigrants; and Independent Jean Hor) under the Ethnic Minority

Registration and the Information Divisions can submit applications to the registrar at

the district office in the area where they have a domicile, according to their household

registration.

8. The Official Process and Steps on How to Proceed and Follow-UpIn the case of non-hill tribe highlanders: once the applicant has submitted the

application, the registrar will verify whether the requisite qualifications are all there among them, the applicants personal records, identification card, and a Thai language

exam. If the applicant successfully completes the Thai language exam, the registrar

will sign and submit the application to the chief district officer for re-verification and

consideration. If there are errors, the applicant will be called upon to fix them. If

approved, the officer will sign and send the application to the provincial office for the

next step.

At the provincial level, name lists and fingerprints will be sent to the Narcotics

Control Board (regional or provincial) and the provincial police to investigate the

criminal records of the applicants. Once the results have been received, they will be

sent on to the provincial Subcommittee on the Consideration of Granting Legal

Migrant Status for Ethnic Minority Groups (provincial level). If the application is


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approved, it is then sent to the Ministry of Interior; otherwise, it will be returned to the

district office and the applicant.

At the level of the Ministry of Interior, the Committee on the Consideration of

Granting Legal Migrant Status for Ethnic Minority Groups will process the

applications before they are sent to the minister, who can grant the applicant with the

status of legal migrant and thus permission to reside in Thailand and acquireimportant personal identification documents.

Once the minister has approved the application, related unit representatives

from the Ministry of Interior will go to the highland areas to collect fees for issuing

the applicants personal identification, permission for permanent residence, and legal

migrant status documents, as well as for removing names from previous household

registration (Tor Ror 13) and entering them into household registration for permanent

residence (Tor Ror 14) instead.

Applicants can follow-up on the status of their applications with the district

office in the area of their domicile.


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Related Cabinet Resolutions and Official Letters

from the Ministry of Interior


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Legal Assistance for Highlanders Born in Thailand but

Ineligible for Thai Nationality Due to Immigrant Parents

1. Types of the PersonsThis process concerns highlanders born in Thailand but whose parents were born

outside the country and immigrated into Thailand (aliens). The people in this group

are distinguished based on whether they were born in Thailand before or after 14

December 1972 (B.E. 2515).23

These two groups are:

(1) Group No. 1People in this group include those with evidence proving they were born in

Thailand to migrant parents before 14 December 1972 (B.E. 2515). According

to the law, they are classified as people who once had Thai nationality but

afterwards lost it due to the laws of the time.24

(2) Group No. 2People in this group include those with evidence proving they were born in

Thailand to migrant parents after 14 December 1972 (B.E. 2515). According to

the law, they are classified as people who never previously acquired Thai

nationality even though they were born in Thailand.25

2. Table of Basic UnderstandingFacts Legal Status Legal Assistance

1. People born in Thailand to

migrant parents before 14

December 1972 (B.E. 2515) Lost previous

Thai nationality

Acquire identification

documents for permanent

residence without Thai

nationality orapply for Thai

nationality under the cabinet

resolution

2. People born in Thailand to

migrant parents after 14

December 1972 (B.E. 2515)

Never had Thai

nationality

Apply for Thai nationality

under the cabinet resolution

Legal Status: Illegal Migrants26

23 The enactment date of the Revolutionary Declaration No. 337.24 The law referred to here is the Revolutionary Declaration No. 337 and Article 7 bis of the Nationality Act 1965

(B.E. 2508), as later amended by the 1992 (B.E. 2535) Acts No. 2 and 3.25 As a result of the Revolutionary Declaration No. 337 and Article 7 bis of the Nationality Act 1965 (B.E. 2508),

as later amended by the 1992 (B.E. 2535) Acts No. 2 and 3.

26 According to Article 7 paragraph 3 of the Nationality Act 1965 (B.E. 2508), as later amended by the 1992 (B.E.2535) Acts No. 2 and 3.


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3. How to Provide Legal Assistance1

stMethod: Apply for important alien identification documents

2nd

Method: Apply for Thai nationality

Legal assistance differs based on the existing legal status of the people,

separated as follows:

Type of People Legal Assistance

1. People who lost

previous Thai nationality

Apply for alien identification documents orapply

for Thai nationality under the cabinet resolution

2. People who never had

Thai nationality

Apply for Thai nationality under the cabinet

resolution passed on 29 August 2000 (B.E. 2543)

Explanation: People who lost previous Thai nationality

People in this group acquired Thai nationality by birth under jus soli.However, the Revolutionary Declaration No. 337 announced on 14 December

1972 (B.E. 2515) and Article 7 bis of the Nationality Act 1965 (B.E. 2508), as

later amended in the 1992 (B.E. 2535) Acts No. 2 and 3, declared that people

who acquired Thai nationality in this way ( jus soli) would lose their Thai

nationality.

Thus, these people were considered aliens after the loss of their Thai

nationality. The law included a clause, however, that helped to alleviate the

resulting condition of these people. The clause legally permitted these people

to reside permanently in Thailand even without Thai nationality. This is

mentioned in Article 8 of the Alien Registration Act 1950 (B.E. 2493): Thai

people who lost their Thai nationality can request identification documents forpermanent residence from a registrar in the district of their domicile within 30

days from the day they knew or should have known that they lost their Thai

nationality.

Once these people have attained alien identification documents, the

documents may be used to acquire residency documents for permanent

residence in Thailand.

Remark: For those who lost their Thai nationality, receiving identification

documents for permanent residence is a right, so the registrar (police) has

the duty to issue them.

(1)Process of Giving Legal Assistance

To apply for identification documents for aliens who lost their Thai

nationality.

(2)Where to Submit the ApplicationThe applicant can submit the application to the chief of the Provincial

Police Office in the district of their domicile. The chief is considered to be

the registrar according to the ministerial declaration of the Ministry of

Interior on registrar appointments, announced on 12 December 1950 (B.E.

2493) under the Alien Registration Act 1950 (B.E. 2493).


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(3)Application FormThose applying for identification documents for aliens who lost their Thai

nationality should use the form designated for this purpose (Tor Tor 1).

(4)Evidence Used in the Application1) A copy of the applicants personal records (request a copy at the

district office) and identification card

2) A copy of the applicants household registration (Tor Ror 13 or 14) (if

any)

3) A copy of the household survey record (if any)

4) A copy of any evidence proving the legitimacy and legal status of the

parents (if any)

5) A copy of any evidence regarding level of education (if any)

6) Any variety of evidence proving the applicants place of birth in

Thailand, such as a birth certificate, delivery certificate, school records

(if any)

7) Evidence of occupation (if any), such as records showing the payment

of taxes

Once the applicant has successfully received the alien identification

documents and residency documents permitting permanent residence, they are

able to be entered into the household registration system (Tor Ror 14). They

may also request reapplication for Thai nationality by special naturalisation or,

if female, by marriage to a husband of Thai nationality.

Remark: The processes outlined in this law are not entirely implementedin practice. Generally, the issue must result in a lawsuit with actions

ordered by the court before the official government divisions responsible

for issuing the aforementioned documents will carry out the processes.

People who were not able to acquire Thai nationality

As a result of the law discussed previously in this section, people in this group

were not able to acquire Thai nationality even though they were born in Thailand.

Thus, according to the law, they are considered aliens. Therefore, legal assistance

should be in the form of applying for Thai nationality under Article 7 bis.

In addition, applying for Thai nationality under Article 7 bis requires approvalthrough a cabinet resolution. The related cabinet resolution was passed on 29 August

2000 (B.E. 2543). The qualifications required under this resolution are:

1. The applicant must have been born after 14 December 1972 (B.E.

2515).

2. The applicants father or the mother must be registered in:

Household registration for Highlanders;

Household registration for Displaced Burmese Nationals;

Household registration for Nepalese Immigrants; or

Household registration for Independent Jean Hor

3. The applicant must be able to prove that his/her father or mother

migrated into Thailand on or before 3 October 1985 (B.E. 2528) and

had been classified as illegal migrants who were hill tribe members.


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If the applicant fails to provide the required documentation 1, 2, and 3 as listed

above, there is as yet no policy to grant them Thai nationality. Therefore, it is best to

provide legal assistance in the form of basic help to acquire Thai nationality as

explained in the next chapter, or assist applicants to acquire it through naturalisation

or marriage to a husband of Thai nationality.

(1)Responsible Official UnitsEthnic Minority Registration Division, DOPA, Ministry of Interior:

responsible for people holding highlander identification cards (blue-

colour card)

Information Division, Office of the Permanent Secretary, Ministry ofInterior: responsible for people holding Displaced Burmese Nationals;

Nepalese Immigrants; and Independent Jean Hor identification cards

(2)Providing Legal AssistanceSubmit an application for Thai nationality under Article 7 bis (if theapplicant has not reached majority age, the parents or guardian can submit

the application instead). There is no fee for the process.

(3)Where to Submit the ApplicationThe applicant can submit the application to a registrar at the district office

where his/her registration was recorded or identification card issued.

(4)Application FormThose highlanders applying for Thai nationality should use the form

designated for this purpose as outlined in Article 7 bis of the NationalityAct 1965 (B.E. 2508) and later amended in Act No. 2 in 1992 (B.E. 2535).

(5)Evidence1) Three 2-inch photos of the applicant

2) A copy of the birth certificate or delivery certificate of the applicant

3) A copy of the personal records or household registration (Tor Ror 13)

of the applicant and the parents

4) A copy of the identification card of the applicant

5) A copy of the identification cards of the parents (if any)

6)

Evidence proving payment of taxes (if any)7) Evidence proving level of education (if any)

8) Evidence showing distinguished service rendered to Thailand or acts

benefitting the government or community (if any)

The applicant needs to prepare 3 copies each of items 2-8 above.

4. Standards for Granting Thai NationalityThere are 10 standards for granting Thai nationality for the children of

highlanders under the cabinet resolution passed on 17 March 1992 (B.E. 2535):

1.

Government policy grants Thai nationality.


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2. If the applicant acquired nationality other than Thai from the father or

the mother, the applicant must intend to renounce that nationality.

3. The applicant must have been born in Thailand to alien parents as

classified under Article 7 bis of the Nationality Act 1992 (B.E. 2535)

No. 2.

4.

The applicant has a domicile in Thailand and resides in a controlleddistrict, has had his/her name entered into the household registration

system, or can provide evidence as outlined by the government (Tor Ror

13).

5. The applicant must have a birth or delivery certificate, personal records,

and an identification card.

6. The applicant must have education as provided by the government or be

able to speak and understand the Thai language, excepting children

under the age of 7 years and have not yet begun school.

7. The applicant believes in democracy under the King and has never posed

a threat to nationality security within the timeframe designated by the

government.8. The applicant must have a legal occupation and be able to prove

payment of taxes (excepting those as yet without an occupation).

9. The applicant has obeyed the laws and has never been convicted.

10.The applicant has rendered distinguished service to Thailand or acts

benefitting the government or community.

5. The Official Process to Follow-Up with the DistrictOnce the application for Thai nationality has been submitted to the district

office, the registrar will verify the evidence provided in the application. If the

evidence is approved, the registrar will sign the application and take the applicantsfingerprints (both thumbs) along with his/her signature. In the case that the applicant

did not provide documents 4, 5, 6, or 7 above, the registrar will record the result of an

investigation of the testimony into an Investigation Form (Por Kor 14), instead.

Once the registrar has successfully reviewed and approved the application, th