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APA Section 41 — Curable defects in an order
Administrative Procedure Act (พระราชบัญญัติวิธีปฏิบัติราชการทางปกครอง) — Section 41.
Plain-English Summary
An order is not invalid for four defects if they are cured later: no request filed where the official could act only on a request (the request is filed later); missing reasons under Section 37 (reasons given later); an incomplete hearing of the parties (completed later); and a missing approval from another official (given later). For the last three the cure must happen before the appeal process ends, or, where there is no appeal, before the order goes to the body deciding its legality. Minor errors may always be corrected (Section 43).
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Administrative Procedure Act
พระราชบัญญัติวิธีปฏิบัติราชการทางปกครอง · B.E. 2539 (1996)
The Administrative Procedure Act B.E. 2539 (1996) sets minimum procedural standards for Thai administrative decision-making. It establishes the right to be heard before an adverse order, the duty to give reasons, notification of orders, internal appeal, revocation of orders and, since Act (No. 3) B.E. 2562 (2019), administrative enforcement. Combined with the Administrative Court Act, it provides the framework for administrative due process.
The summary above is a plain-English educational paraphrase of Section 41 of the Administrative Procedure Act. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
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