Following the SEC’s public hearing on the principles of the ministerial regulation to be proposed to the Ministry of Finance for consideration pursuant to Section 9(11), the proposed principles would prescribe additional required items in fund articles with the objective of enhancing the protection of the benefits of PVD members and ensuring that sufficient and complete information is available for the provision of more appropriate retirement financial planning services to PVD members. The public hearing was conducted during July–August 2026, and most respondents agreed with the proposed principles.
In this regard, the SEC has therefore prepared the draft ministerial regulation based on the aforesaid principles to prescribe additional required items in fund articles, and is seeking public comments on the draft. The key provisions are as follows:
(1) The fund articles must include the following additional items:
- Provisions on the disclosure and submission of employees’ information to the fund manager for the purposes of monitoring and making payments to employees, as well as providing retirement financial planning services for employees.
- Provisions on the rules, procedures, and conditions for amending or supplementing fund articles in a manner that materially affects the benefits of employees or employers, which must at least require consent from the employees or employers whose rights are affected. In the case of seeking consent from employees, the provisions must prescribe voting procedures and voting thresholds beyond those applicable to general consent requests, to ensure that the resolution is made by employees who have been provided with sufficient information.
(2) Transitory provisions for fund articles registered prior to the date on which this ministerial regulation comes into force, requiring the fund committee to amend the fund articles to include the items specified in (1) and submit them for registration within one year from the date on which this ministerial regulation comes into force.
The consultation paper is available on the SEC website at https://www.sec.or.th/TH/Pages/PB_Detail.aspx?SECID=1219 and on the Legal Hub at https://law.go.th/listeningDetail?survey_id=ODIyOERHQV9MQVdfRlJPTlRFTkQ=. Stakeholders and interested parties are invited to submit comments via these websites or by email to thitimam@sec.or.th or pajaree@sec.or.th. The public hearing ends on 11 October 2026.