8 January 2010
(Translation)
Direct Sales and Direct Marketing Act
B.E. 2545
_________
Bhumibol Adulyadej, REX.,
Given on the of April B.E. 2545 (2002)
Being the 57th year of the present reign
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that
It is deemed expedient to initiate the law governing direct sales and direct
marketing.
This Act contains certain provisions that limit the rights and freedom of persons,
which Section 29 in conjunction with Section 50 of the Constitution of the Kingdom of Thailand
permits such initiation, by virtue of 1he statutory provisions.
The King, by the advise and consent of ihe Parliament, therefore, enact this Act as
follows:
Section 1 This Act shafl be called "Direct Sales and Direct Marketing Act B.E.
2545 (2002)"
Section 2 This Act shall be enforceable upon the lapse of one hundred and twenty
days commencing from the day after the publication in the Royal Gazette onwards.
Section 3 la mis Act,
"Direct sales" refers to the marketing of goods or services made directly to the
consumer at his/her home or workplace or the home or workplace of others or any other place
which is not an ordinary place of business, through me direct sales representative or uni-level or
multi-level independent distributors but not including transactions specified in the Ministerial
Regulations!.
"Direct marketing" refers to the marketing of goods or services in a manner of
communicating information for the sales of goods or services directly to the consumer at a
distance and expecting such consumer to respond and purchase the goods or services from the
direct marketing: operator.
"Consumer" refers to a purchaser or any person obtaining services from 'the
independent distributor, the direct sales representative, the direct sales operator or the direct
marketing operator, or any person being offered or induced by the independent distributor, the
direct sales representative, tie direct sales operator or the direct marketing operator to purchase
its goods or services.
"Independent distributor" refers to a person who receives the right of ownership
of the goods or services from the direct sales operator, and directly offers such goods or services
to the consumer.
"Direct sales representative" refers to a person who is authorized by the direct
sales operator to directly offer goods or services to the consumer.
"To purchase" includes to lease, to hire-purchase, or to acquire by any other way
by paying money or any other interest in compensation.
"To sell" includes to let, to give hire-purchase, or to supply in any other way by
demanding compensation in money or in any other form of interest as well as the offering or
inducement with respect thereof.
"Goods" refers to products manufactured or available for sale.
"Services" refers to the undertaking of work granting of any rights or granting of
right to use or conferring of interest in any property or business by demanding money or any
other form of interest in compensation, but not including employment under the labour law.
"Commission" refers to the Direct Sales and Direct Marketing Commission.
"Member" refers to the Member of the Direct Sales and Direct Marketing
Commission.
"Registrar" refers to the Secretary of the Consumer Protection Board.
"Officer" refers to any person authorized by the Minister for the execution of mis
Act.
"Minister" refers to the Minister in. charge and in control of the observance of this
Act.
Section 4 The Prime Minister shall take charge and control the execution of this
Act and have the power to appoint an Officer and issue Ministerial Regulations with regard to
the observance of this Act.
Such Ministerial Regulations shall be enforceable upon the publication in the
Royal Gazette.
Section 5 In observing this Act, the Officer shall have the following power:
(1)To issue a notice demanding any person to give a statement, information, or
explanation in writing, or to deliver account books, registration books, documents or any other,
evidence for examination or consideration.
(2)To enter into me place of business of the direct sales operator or the direct
marketing operator during the business hours of such premises in order to inquire for information
or inspect documents or evidence for compliance with this Act.
(3)To collect or keep a reasonable amount of goods without payment as samples
@ to examine or analyze. Such sample goods shall be collected, kept, and returned at the request of
the owner shall be in accordance with the terms stipulated by the Commission,
The exercise of power as stated in (2) of me first paragraph shall be carried out
pursuant to the regulations stipulated by the Secretary of me Consumer Protection Board. Such
regulations shall at least consist of a provision regarding the express fidelity of the Officer to the
occupier of the premises prior to its entrance, the provision of its reasons in writing and the
reporting of the result of its performance to its supervisor.
In performing its duties under die first paragraph, related persons shall provide
Teasnnahle assistance.
Section 6 In observing this Act, the Officer shall present its Officer identification
card.
Such identification card shall be in accordance with the form prescribed by the
Commission.
Section 7 In carrying out this Act, the Member, Hie Sub-Member, the Registrar,
and the Officer shall be deemed public officers undeT the Penal Code of Thailand.
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