Thailand – State of emergency declared and follow up measures announced

Due to the COVID-19 pandemic, the Thai Government declared a State of Emergency on 24 March 2020 and announced a newly issued regulation – the State of Emergency Act B.E. 2558 (No. 1), dated 25 March 2020, which is effective from 26 March 2020 until 30 April 2020. All, in order to remedy this nationwide outbreak and to prevent further infection among people who live in Thailand.

The issued Regulation dated 25 March 2020 (the “Regulation”) specified 16 significant measures, including prohibitions, restrictions and suggestions.

What you need to know about the 16 measures imposed by the regulation are as follows:

1. DO NOT enter risky areas: (areas deemed potentially infectious by government authorities)
– As prescribed by the Cabinet Resolution dated 17 March 2020; and
– As prescribed by the Governor of Bangkok and other provinces, including the disease prevention control officers according to the Communicable Disease Act B.E. 2558;

2. The Governors of Bangkok and other provinces are entitled to order the closing of any crowded places. Also, the Governors shall order the closing of the following places:
(1) Boxing gyms, arenas, gymnasiums, playgrounds, race courses in every province in the Kingdom of Thailand;
(2) Pubs, entertainment spots, theatres, arenas, massage parlors, Thai massage parlors, spas, gyms, fitnesses, nightclubs, in Bangkok and greater Bangkok. (i.e., Nonthaburi, Pathumthani, Nakorn Pathom, Samut Prakarn and Samut Sakorn)
(3) Other places, e.g., sightseeing spots, museums, public libraries, religious places, transport stations, markets, department stores. If necessary and deemed reasonable, the Governors may order to close such place wholly or partially, with or without terms, conditions and time clauses.

3. All inbound routes into the Kingdom whether by air, sea or land shall be closed. Except for the following cases:
(1) The person, who is Prime Minister or the chief who is in charge of this Act, allows such person into the Kingdom;
(2) Consignor (as necessary);
(3) Vehicle controller or vehicle staff necessarily has to enter the Kingdom for a mission with a specific departure schedule;
(4) Diplomatic missions, consular, international organizations or government representatives who work in the Kingdom, including family members of such persons, and who comply with Paragraph 2 of this Clause;
(5) Non-Thai nationals who obtain a work permit, or are permitted to work in the Kingdom by the government, and comply with Paragraph 2 of this Clause;
(6) Thai nationals provided they acquire a certificate issued by the Thai Embassy or Thai Consulate or a medical certificate and comply with Paragraph 2 of this Clause.
The persons according to (4), (5), and (6), shall have the Fit to Fly Health Certificate issued within 72 hours prior to the travel.

4. DO NOT HOARD GOODS: People shall not hoard goods such as drugs, medical supplies, food, drinking water, and other essential goods for survival. Whether such goods are controlled goods by the Price of Goods and Services Act B.E. 2542 or not.

5. DO NOT ASSEMBLE: Do not assemble or gather, for such act may cause the unrest within the Kingdom, as it may be potentially infectious.

6. Presentation of News: Do not present or publicize news on media that contain fake content regarding COVID-19 situation and may cause the public to panic. Do not twist information or news relating to the COVID-19 situation, which may mislead the public.

7. Preparation Standard: this clause specifies the obligations of the officers, hospitals and relevant persons, to confront the current circumstances of the COVID-19 outbreak . The preparation standard constitutes the obligations that governors, government agencies, hospitals, officers and volunteers shall follow during this crisis, which may change depending on the entity and region within the Kingdom.

8. Suggestion for particular groups of people: the following high-risk groups of people should remain in their residences:
(1) Elders over 70 years old or more;
(2) People with Underlying Diseases, i.e., uncommunicable chronic disease, such as diabetes, hypertension, coronary disease, cerebrovascular disease, respiratory disease, immunosuppression with medical treatment; and
(3) Children under the age of 5 years old.

9. Outbound traveling of the Kingdom Standard: Any person who is a Non-Thai national or not residing in the Kingdom, and wishes to travel out of the Kingdom, the relevant authorities shall assist such person. The person shall comply with the disease protection standard in Clause 11.

10. Checkpoints before crossing provinces: There will be checkpoints all over Bangkok and the 76 provinces, especially, the borders of each province. (Note: Please carry your identification card, passport or work permit at all times)

11. Disease prevention standard:
(1) Clean all surfaces before touching anything including getting rid of garbage every day;
(2) Wear a mask at all times;
(3) Clean hands with soap, alcohol, alcohol gel or sanitizer;
(4) Maintain at least 1-meter distance between each other;
(5) Control the number of people not to be crowded, or decrease times of performing any activities as deemed necessary (maintain the social distancing).

An officer may increase the standard of disease prevention by using a mobile telephone application, and symptom observation or 14-day quarantine upon the discretion of the officer under the Communicable Disease Laws.

12. Operating Places Policy: This clause mainly specifies types of business that can continue operating as usual, e.g., hospitals, drug stores, restaurants (take-out only), supermarkets and drugstores located in the closed department stores, minimarts, convenient stores, ATMs, cooking gas, banks, groceries, fuel, food delivery service providers, etc.

13. Suggestion to travellers across provinces: If necessary to travel across provinces, government officers shall screen said traveler(s) and the traveler(s) shall have to comply with the officer’s further orders. The screening process may range from temperature examination, Id checking, or others.

14. Suggestion concerning activities: Any social or traditional activities, e.g., wedding, making merit, funeral, Songkran or family activities, including any activities held by the government, may be held based on reasonable grounds. The activity holder shall comply with Clause 11.

15. Any person who does not comply with Clause 1, 2, 3, 4, 5, and 6 of this Regulation shall be sentenced according to Section 18 of the State of Emergency Act B.E. 2548 and may be sentenced, in accordance Section 52 of the Communicable Disease Act B.E. 2558 and Section 41 of the Price of Goods and Services B.E. 2542, as the case may be.

16. Enforcement: this Regulation is enforceable throughout the Kingdom, including the critical areas that will be designated, unless other laws specify otherwise.
As he deems necessary, the Prime Minister is entitled to announce, amend, increase or decrease standards, terms, conditions and/or time clauses in the Government Gazette.

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