Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
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Le phu yai ban (ผู้ใหญ่บ้าน, also written poo yai baan ou puyaiban) is the chef du village of a muban (หมู่บ้าน), the lowest unit of Thailand’s territorial administration. Thailand has about 75,000 villages, each with an elected headman. The office is created by the Provincial Administration Act B.E. 2457 (1914). The phu yai ban is the state’s representative in the village and reports, through the kamnan of the tambon, to the district chief (nai amphoe) of the amphoe.
Table des matières
How a phu yai ban is chosen
The headman is elected by the residents registered in the village’s house registration books. Since Amendment No. 11 of the Provincial Administration Act, B.E. 2551 (2008), a phu yai ban holds office until the age of 60, subject to periodic performance evaluations by the district, instead of the five-year terms that applied before. The headman can be removed by the district chief or the governor for misconduct, and is assisted by two or more assistant headmen (phu chuai phu yai ban). The kamnan, head of the tambon, is chosen from among the headmen of that tambon.
A phu yai ban receives a monthly allowance from the Ministry of Interior. He or she is a state official under the 1914 Act but not a civil servant, and is not part of the elected Aor Bor Tor ou Tesaban, even though the two structures cover the same territory.
Duties of the village headman
The Act gives the headman a mixed role of local police, notary of village facts and messenger of the state: keeping peace and order and reporting crimes to the district; helping the district registrar by reporting births, deaths and people moving in or out; publishing official announcements; organising disaster relief; keeping the conscription and voter lists accurate; and mediating minor disputes between villagers before they reach the police or a court.
When a foreigner deals with the phu yai ban
House registration. When you move into a village house and apply for a livre jaune (Tor Ror 13) or an entry in a tabien baan, the district office commonly asks the headman to confirm that you actually live there, and the headman is often the witness on the form.
Land. When the Land Department surveys boundaries for a new chanote ou un Ni Sor 3 upgrade, the phu yai ban or kamnan is normally present as the official witness. On possessory land such as Por Bor Tor 5 ou Sor Por Kor 4-01, a headman’s certificate of who has been occupying the plot is often the only paper trail, and Cour suprême decisions on possession frequently turn on the headman’s testimony. Before buying village land, ask the headman about boundary disputes, access roads and who really farms the plot.
Disputes and daily life. The headman is the first stop for a neighbour dispute, a noise complaint or a problem with a village road, and can call the parties together before anything is filed with the police. The headman is also the person the police and district contact when a foreigner dies in a village.
Limits. A headman’s letter confirms facts; it does not create rights. A village headman cannot transfer land (that is done at the bureau des hypothèques), cannot register a marriage (that is the amphoe) and cannot override the restrictions on foreign land ownership.
Foire aux questions
Is the phu yai ban a government official?
Yes, in the sense that the office exists under the Provincial Administration Act B.E. 2457 and the headman receives a state allowance and answers to the district chief. The headman is not a civil servant and not part of the elected Aor Bor Tor or municipality.
How long does a phu yai ban serve?
Until age 60, since the 2008 amendment (No. 11) to the Provincial Administration Act, subject to performance evaluations. Before 2008 the term was five years.
Can the phu yai ban sign a land sale?
No. Land is transferred only by registration at the land office. The headman can witness a survey, confirm who occupies a plot or certify residence, but a headman’s letter is not a title document and does not transfer ownership.
Voir aussi : tambon (sous-district), bureau de district, Aor Bor Tor, tabien baan, Por Bor Tor 5 land ET land ownership restrictions for foreigners.
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