An Assessment of Legal Preparedness for the Liberalization of Architectural Services within ASEAN

Abstract

This article aims to explore and assess Thailand's legal preparedness for the liberalization of architectural professional services within the ASEAN framework. It focuses on the Mutual Recognition Arrangement (MRA) for the architectural profession, which is part of the ASEAN Framework Agreement on Service (AFAS) aimed at creating a single market for trade in services among ASEAN. The article points out the necessity of amending the main law, the Architects Act, and related subsidiary laws to be in line with international obligations and the changing context of the labor market, particularly to facilitate architects from ASEAN member countries to practice their profession in Thailand under specified conditions.

The liberalization of trade in services is a key obligation for Thailand under the World Trade Organization (WTO) through the General Agreement on Trade in Service (GATS), which includes professional services like architecture. In 2007, Thailand signed the ASEAN MRA on Architectural Services to set standards and qualifications for "ASEAN Architects" to enable them to mobility and practice more easily within member countries. However, the Architects Act B.E. 2543 (1999) in effect at the time did not have clear provisions to support international professional practice under this agreement. Consequently, the Architect Council of Thailand had to review and amend the law to remove legal obstacles and prepare for the implementation of the agreement.

The objectives of this study are: 1) to study the Architects Act and other related laws concerning trade in architectural services; and 2) to propose guidelines for the development of subsidiary laws in line with the agreement on architectural services to professional organizations and educational institutions, to prepare for the professional practice of ASEAN architects. The review of related laws and agreements systematically analyzes the key elements of the MRA on architectural services, which detail the qualifications of ASEAN architects, such as having a professional license, a minimum of 10 years of work experience, and continuous professional development. The analysis also covers the Architects Act B.E. 2543 (amended in B.E. 2566), highlighting amendments that added provisions to support international agreements. These changes allow the Architect Council to issue necessary subsidiary laws for foreign architects who wish to register as ASEAN Architects in Thailand.

The research also examines other relevant laws that could be obstacles for foreign professionals, such as the Foreign Business Act B.E. 2542 (1999) and the Ministry of Labor's announcement that prohibits foreigners from working in the architectural profession. The article points out that even though these laws have exceptions for professionals entering under international agreements, they still lack clear coordination and direct linkage with the professional law, leading to confusion in practice. This qualitative research, which relies on document analysis, interviews, and considerations from a working group of stakeholders, aims to understand the gaps and limitations of existing laws and provide reasoned policy recommendations. The study findings indicate that Thailand has prepared subsidiary laws to support the registration of ASEAN architects, covering both Thai architects who wish to become ASEAN Architects and foreign architects from ASEAN countries. However, these legal measures are merely defensive and have not yet led to a significant movement of architectural professionals within ASEAN, due to practical limitations. These include the requirement for foreign architects to still obtain a professional license in the host country and the domestic laws of each country that continue to pose certain limitations or obstacles. Therefore, the researchers recommend proactive measures to encourage actual professional practice, such as promoting negotiations and cooperation with professional organizations in other ASEAN countries to create pilot projects, disseminating information about the MRA and the liberalization of services through professional associations and relevant agencies, and adjusting educational curricula to align with architectural standards within ASEAN to enhance the competitiveness of Thai students and graduates in the international labor market. Additionally, they suggest issuing joint operational guidelines between the Architect Council and related government agencies to ensure transparent and practical implementation.