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REGULATIONS ON THE PERMISSION FOR FOREIGN RESEARCHERS TO CONDUCT RESEARCH IN THAILAND



REGULATIONS ON THE PERMISSION FOR FOREIGN
RESEARCHERS TO CONDUCT RESEARCH IN THAILAND
B.E. 2550
...........................................

To improve the efficacy of the Regulation on the Permission for Foreign Researchers to Conduct Research in Thailand B.E. 2525, the Executive Board of the National Research Council of Thailand issues the following regulations as authorized in Sections 6, 11 (12) and (13) as well as in Section 13 of the National Research Council Act B.E. 2502, amended by the National Research Council Act B.E. 2507, and the Announcement of the Revolution Party Vol. 315 dated December 13, B.E. 2515 :

Article 1 These regulations shall be called "Regulations on the Permission for Foreign Researchers to Conduct Research in Thailand B.E 2550."

Article 2 These Regulations become effective on the next date announced in the Royal Gazette.

Article 3 The Regulation on the Permission for Foreign Researchers to Conduct Research in Thailand B.E. 2525 is repealed.

Article 4 These regulations on the permission for foreign researchers to conduct research in Thailand have been formulated to achieve the following objectives:
    (1) Enhancing cooperation and collaboration between Thai and foreign researchers, and providing opportunities for the exchange of knowledge, technical expertise, and experience
    (2) Promoting research activities in Thailand so that the results can be used to further the country's development
    (3) Stabilizing the social and economic security of Thailand
    (4) Controlling and regulating the country’s natural resources to ensure that Thailand receives their benefits.

Article 5 In these regulations:

"Research" means scholarly or scientific investigation, exploration, excavation, analysis, or experimentation. The goal of this enterprise is to not only to search for new principles and knowledge in order to formulate theories or to establish guidelines for implementation, but also to gain in-depth knowledge or develop modern technology in the subject being researched.

"Office" means the National Research Council of Thailand (NRCT).

"Thai researcher" means a researcher who is a Thai citizen and conducts research in cooperation with foreign researchers; a Thai university faculty member who serves as a co-advisor, an academic, and/or an official of a participating organization who is assigned to jointly conduct research or collaborate with foreign researchers.

"Foreign researcher" means a researcher who is not a Thai citizen, who resides in Thailand or elsewhere, and conducts research in Thailand as an individual or with a group.

Article 6 The Secretary-General of the Office is charged with administering these Regulations and has the authority to issue announcements or alter procedures related to conformity with these Regulations.

In the event of any ambiguity in these Regulations or other problems regarding procedures not specified in these Regulations, the decision of the Executive Board of the Office will be final.



Chapter 1
General Provisions


Article 7 Research should possess one or more of the following characteristics:
    (1) Useful to each party or participant; not for the benefit of one researcher only
    (2) Fulfills graduation requirements for the degree program of a foreign researcher
    (3) Constitutes a cooperative or assistance program between a foreign government or institute and a Thai institute of governmental branch.

Article 8 Foreign researchers will be classified into one of the following four categories:
    Category one - foreign researchers who conduct research in Thailand under an aid program or a cooperative program with the Thai government.
    Category two - foreign researchers who conduct research in Thailand under a cooperative agreement between a division of the Thai government and a foreign organization. Letters of verification including a Memorandum of Understanding (MOU) signed by each organization are required.
    If a foreign researcher conducts research with a Thai governmental organization or governmental academic institute, a letter of recommendation from the organization is needed.
    Category three - foreign researchers who conduct research in Thailand to fulfill graduation requirements for a degree program at a foreign university *
    Category four - foreign researchers whose qualifications differ from those specified in the above three categories.

Article 9 Research involving a foreigner must be conducted jointly with a Thai researcher or consultant. However, a foreign researcher can apply to conduct research as an individual. Authorization for research by a foreigner acting as an individual depends upon the decision of the Office and related organizations.

Article 10 Depending on their researcher category, foreign researchers must take responsibility for expenses incurred in Thailand in accordance with the following stipulations:

Foreign researchers in category one will be responsible for all expenses.

Foreign researchers in category two will be responsible either for some or all expenses as specified in the MOU.

Foreign researchers in categories three and four will be responsible for all expenses, including remuneration for Thai researchers, laboratory fees, and the wages of research assistants (if any) unless a Thai organization agrees to take responsibility for such expenses.

Article 11 The Secretary-General is authorized to require a monetary deposit that will be returned upon submission of the complete and final research report.

Article 12 If a foreign researcher violates these regulations or strays from the stated research objectives or proposed research plan, the Office reserves its right to terminate the researcher’s research permit in Thailand.

If a foreign researcher's conduct is deemed to be detrimental to natural resources, the environment, society, or the security of Thailand, the Office reserves its right to terminate the researcher’s research permit in Thailand.



Chapter 2
Applying for Permission to Conduct Research in Thailand


Article 13 Foreign researchers must review this document, Regulations on the Permission for Foreign Researchers to Conduct Research in Thailand B.E.2550 and request an Application Form for Permission to Conduct Research (NRCT-01) from the Office.

Article 14 Thai organizations conducting their own projects with foreign researchers in category one are required to provide the Office with information concerning the foreign researcher using the Form "นต/1" within 15 days of the project’s commencement.

Foreign researcher under categories two, three and four should submit the following documents to the Office at least 90 days prior to their anticipated starting date:
    (1) Application for Permission to Conduct Research
    (2) Letters of recommendation

Article 15 If the foreign researcher is in Thailand when submitting the application, he or she should not start research until receiving the permit from the Office.

Article 16 Upon receiving authorization to conduct research in Thailand, foreign researchers should bring the permission letter from the Office to a Royal Thai Embassy or Consulate to apply for a non-immigrant visa.

Article 17 If a foreign researcher receives the permission letter while he or she is in Thailand, he or she should report to the Office in person or via email within seven days from the date the permission letter was received to complete Form NRCT-02 and receive an identification card and reporting letter(s) addressed to collaborating Thai researchers or other specified organizations.



Chapter 3
Reporting and Paying the Deposit for the Complete Report


Article 18 Foreign researchers must report to the Office in person or via email within seven days after their arrival in Thailand or after the date they receive their permission letter to register (Form NRCT-02), receive an identification card, and receive reporting letter(s) addressed to the collaborating Thai researchers or organization(s).

Article 19 Foreign researchers in categories three and four must pay a deposit guaranteeing submission of the complete research report of 10,000 baht per project. The deposit will be returned to the foreign researcher upon receipt of the complete report by the Office.

Article 20 Foreign researchers need to meet with their Thai collaborators prior to conducting research.



Chapter 4
Conducting Research in Thailand


Article 21 Foreign researchers must not conduct research other than that described in their research plan and must comply with all pertinent regulations of the Office and of other Thai organizations that have jurisdiction over the research activities or localities of the researcher(s).

Article 22 Should it become necessary to change the research plan, the foreign researcher must inform the Office at least 60 days before the project's scheduled completion date in accordance with the Office's specifications.

Article 23 While conducting research, the foreign researcher must submit a progress report in English or Thai to the Office and to collaborating Thai researchers in agreement with Form NRCT-03 following the time schedule specified by the Office.



Chapter 5
Applying for a Research Permit Extension


Article 24 Foreign researchers who wish to extend the duration of their project must submit the Application Form for Research Extension Permission (NRCT-04) to the Office at least 60 days prior to the expiration date of their permit.

The decision to approve the application for extension will be decided by the Office together with the researcher’s collaborating Thai organization(s).

Article 25 A summary report in English or Thai and a research plan must be submitted to the Office as a supplement to Form NRCT-04 when applying for a research permit extension.



Chapter 6
Completing Research in Thailand


Article 26 After completing their research in Thailand, foreign researchers must submit a summary of their research activities in English or Thai on Form NRCT-05 to the Office and to their Thai collaborators within one month from the day that their research in Thailand terminates.

Article 27 Foreign researchers must submit all research samples collected during the course of their research together with the summary of their research activities to the Office and/or to a Thai organization(s) approved by the Office.

Article 28 If a foreign researcher needs to take research samples abroad for further analysis, he or she must receive permission from the Office or from the collaborating Thai organization(s) involved.

Article 29 Foreign researchers must submit a CD with a copy of their complete report in English or Thai following the guidelines in Form NRCT-06 to the Office within one year from the termination date of their research activities in Thailand.

If a foreign researcher has requested an extension of their research permit, the deadline for submitting the complete report may not exceed two years after the completion of the research conducted in Thailand.

Article 30 A foreign researcher who has previously received a permit to conduct research in Thailand must submit the complete report from their latest project to the Office before applying for a new research permit.

The Office may allow a foreign researcher to conduct research on more than one concurrent project in Thailand if appropriate.

Article 31 Foreign researchers must submit all published research articles related to their research in Thailand as a hard copy and on CD within three months of publication in the spirit of disseminating research results in their country of origin.

Article 32 Violating the provisions specified in this Regulation, conducting research other than that specified in the approved research project, or failure to submit research reports or other documents in a timely manner are sufficient grounds for the Office to revoke a researcher’s permit.

The Office may cancel a foreign researcher’s permit or non-immigrant visa by coordinating with the relevant Thai organization(s).



Issued on June 29, 2007



(Mr. Thira Sutabutra)
Chairman, Executive Board
Certified true copy




(Miss Pannee Panyawattanaporn)
Policy and Research Planning Analyst, level 8
       



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