On the 25 December 2020 the Ministry of Interior and the Prime Minister issued a new regulation enacting the addition of COVID-19 to the lists of diseases required to be checked when entering Thailand or when you have taken up residence in Thailand. The list will be enforced under the law relating to the powers and duties of the Immigration Police.
The ministerial regulation will enter into force 30 days after it was issued (effective from 24 January 2021). The ministerial regulation does not mention anything directly related to the act of obtaining or extending work permit which is enforced under the Ministry of Labour (MOL). However, the list is the same list as the one the MOL uses when a foreigner applies for a work permit in order to earn a living in Thailand.
The overall act governing the two lists is the Immigration Act, 1979 can be downloaded here, and the changes relates to section 12 on foreigners entering and departing Thailand whereas section 44 relates to aliens taking up residence in Thailand.
Section 12 (4) states that:
Aliens which fall into any of the following categories are excluded from entering into the
Kingdom: Being mentally unstable or having any of the disease as prescribed in the Ministerial
Regulations which now comprises the following diseases:
- Leprosy
- Tuberculosis in the dangerous stage
- Lymphatic filariasis (Elephant Foot)
- Addiction to narcotics (drug addiction)
- Third stage Syphilis
- Corona-19 Virus
Section 44 (2) states that: No alien is authorized to take up residence in the Kingdom, if it appears that said alien :
- Is unable to earn his/her living because of mental defect or physical infirmity or having any diseases as prescribed by Ministerial Regulations. The provision of (2) shall not apply to an alien father, mother, husband, wife or child of the one having domicile within the Kingdom and is able to support each other.
The new list thus comprises the following diseases under Section 44 (2) Immigration Act:
- Leprosy
- Tuberculosis in the dangerous stage
- Lymphatic filariasis (Elephant Foot)
- Addiction to narcotics (drug addiction)
- Alcoholism
- Third stage Syphilis
- Corona-19 Virus
The old ministerial regulation no. 14 (B.E. 2535) has at the same time been repealed.
The practical consequences of the new regulation are not yet known nor is it known how the Immigration Police will enforce the new list. The Ministerial Regulation issued on the 25 December 2020 can be downloaded here.
As soon as more is known the chamber will keep you informed.