The members under section 13 (6), (7), (8), (9) and
(10) shall hold office for a term of four years; however, no member under
section 13 (7), (8), (9) and (10) shall hold office for two consecutive terms.
The outgoing member who vacates office upon the expiration of
term shall remain in office to perform the duties until the newly appointed
member takes office.
Before the expiration of term of office, an election for member of
the same category shall be carried out for further appointment not later than
ninety days before such expiration of term.
In the case where the member under paragraph one vacates office
before the expiration of term, an election for member of the same category shall
be carried out within one hundred and twenty days from such vacancy of office.
In this instance, the replacing member shall hold office only for the remainder
of the term.
In the case where a member vacates office before the expiration of
term while the remainder of the term is less than one year and still there is
another member of the same category, or even though there is no member of the
same category but the remainder of the term is less than one hundred and eighty
days, there may be no election for replacing the vacancy. In such case, NHC
shall consist of the remaining members.
Section 22. In addition to the vacation of office upon the expiration
of the term, the member under section 13 (6) vacates office upon the vacation of
any office as enumerated in section 15 (1), (2), (3) or (4) as the case may be.
Section 23. In addition to the vacation of the office upon the
expiration of the term, the member under section 13 (6), (7), (8), (9) and (10)
vacates office upon:
(3) being imprisoned;
(4) being removed from office by the resolution of not less than
two-thirds of the remaining members of NHC on the ground of deficiency,
(5) being disqualified or being under any of the prohibitions under
Section 24. The rules and procedure of the meeting and the
performance of duties of NHC shall be in accordance with the rule prescribed
Section 25. NHC shall have powers and duties as follows:
(1) to prepare a statute on national health system for consideration
of approval of the Council of Ministers;
(2) to give suggestion or advice related to policies and strategies
on health to the Council of Ministers, and to follow-up the implementation of
such suggestion or advice, as well as to disclose such implementation to the
(3) to organise a national health assembly and support the
organisation of a health assembly in a specific locality or on a specific issue;
(4) to provide, promote or support the process of health policies
and strategies development for continuity of performance of activities and
public participation from all sectors;
(5) to prescribe rules and procedure on monitoring and evaluation
in respect of national health system and the impact on health resulting from
public policies, both in the level of policy making and implementation;
(6) to give suggestion or advice on the amendment of this Act or
the issuance of Ministerial Regulation under this Act;
(7) to make policy and supervise the performance of activities of
the Board and the Office;
(8) to appoint a committee, sub-committee or working group for
the performance of duties entrusted by NHC;
(9) to set the rule on meeting allowances other than those of NHC
and the rule on traveling expenses and other expenses in the performance of
duties under this Act;
(10) to perform other duties prescribed under this Act or other laws
or as entrusted by the Council of Ministers;
The suggestion or advice relating to policies and strategies on
health under (2) shall be in harmony with the statute on national health system
and shall also take into consideration the suggestions of the health assemblies.
Office of the National Health Commission
Section 26. The Office of the National Health Commission shall be
established as a State agency other than Government agency or State enterprise
under the law on budgetary procedure or other laws.
The Office shall enjoy the status of a juristic person under the
supervision of the Prime Minister.
The Office’s affairs shall not be subject to the law on labour
protection, the law on labour relations, the law on social security, and the law
on compensation; provided that the officials and employees of the Office shall
be entitled to the compensation and benefits not lower than those prescribed by
Section 27. The Office shall have powers and duties as follows:
(1) to be responsible for the administrative affairs of NHC and the
(2) to co-ordinate with the agencies involved in policies and
strategies of the Government and other agencies, both of public and private
sectors, which carry out the activities related to health, and to arrange for cooperation
in the level of formulation of policies, strategies and work plans
(3) to survey, study and analyse various data as well as
circumstances of health system in order to prepare a report or for the
performance of activities under this Act;
(4) to arrange for the organisation of national health assembly and
to support the organisation of a health assembly in a specific locality or on a
specific issue for accomplishment of the resolutions of NHC;
(5) to perform other duties prescribed under this Act or other laws
or as entrusted by the Council of Ministers or NHC.
Section 28. The income of the Office consists of the following:
(1) the general subsidy annually allocated by the Government as
(2) money or properties donated;
(3) other money or properties vested in the Office;
(4) the income accruing from the affairs of the Office;
(5) the fruits of money or properties under (1) (2) (3) and (4).
Section 29. All the income of the Office under section 28 shall not
be remitted to the Ministry of Finance in accordance with the law on treasury
balance and the law on budgetary procedure.
The assets of the Office shall not be liable to execution and no
prescription shall be set up against the Office in respect of such assets.
All immovable properties acquired by the Office by donation or by
purchasing or exchanging with the income of the Office under section 28 (2),
(3), (4) or (5) shall be properties owned by the Office.
The Office shall have the power to administer, supervise, maintain,
use, and seek for benefits from the assets of the Office.
All immovable properties acquired by the Office from the income
under section 28 (1) shall be Ratchapasadu properties; provided that the Office
shall have the power to administer, supervise, maintain, use, and seek for
benefits from such immovable properties.
Section 30. The keeping and expending money of the Office shall
be in accordance with the rule prescribed by the Board.
The account of the Office shall be prepared under the universally
recognised rule in the form and rules prescribed by the Board, and there shall be
provided an internal audit in respect of the finance, accountancy, and
procurement of the Office, as well as a report of the result of audit to the Board
for information at least once a year.
The Office shall maintain and present a finance account which
shall at least contain a balance-sheet and working account to the auditor within
one hundred and twenty days from the end of each fiscal year.
The Office of the Auditor General or an outsider appointed by the
Board with the approval of the Office of the Auditor General shall annually
audit and evaluate the result of expending money and properties of the Office,
which shall be done by giving an opinion on analysis as to whether such
expenditure complies with the objectives, be economical, and meets the goal or
not, and thereafter shall submit an auditing report to NHC.
Within one hundred and eighty days from the end of each fiscal
year, the Office shall prepare and submit an annual report to the Board for
further submission to NHC and the Minister for information. Such annual report
shall contain a finance account and working account certified by the auditor to
be true and correct, as well as a report of the auditor including the work done by
the Office during previous year.
Section 31. There shall be a Secretary-General to be the person
responsible for the administration of the Office directly answerable to NHC,
having the duties to supervise the general affairs of the Office and being the
superior of the officials and employees of the Office. There may be Deputies
Secretary-General in the number as prescribed by the Board to assist in ordering
and performing the activities entrusted by the Secretary-General.
The qualifications of the Secretary-General and Deputy Secretary-
General shall be prescribed by the Board with the approval of NHC.
The Prime Minister shall have power to appoint a Secretary-
General from the person selected by the Board and approved by NHC.
The rules and procedure for selecting the Secretary-General under
paragraph three shall be in accordance with the rule prescribed NHC.
The Secretary-General shall have the power to appoint a Deputy
Secretary-General upon the approval of the Board.
Section 32. The Secretary-General shall hold office for a term of
four years and may be reappointed but not for more than two consecutive terms.
When the Secretary-General vacates office, the Deputy Secretary-
General shall also vacate office.