Thailand ASEAN Regulatory Reform Workshop, Hanoi 25 26 November - - PowerPoint PPT Presentation
Supannee Pairuchvet Office of the Public Sector Development Commission Thailand ASEAN Regulatory Reform Workshop, Hanoi 25 26 November 2010 1 The Public Sector Reform Good Governance The State Administration Act Efficiency Value for
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ASEAN Regulatory Reform Workshop, Hanoi 25 – 26 November 2010
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Good Governance Efficiency Value for Money Effectiveness Quality Accountability Participatory Transparency Responsiveness Decentralization Rule of Law Equity The State Administration Act (No. 5), B.E. 2545 (2002 A.D.), Section 3/1
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The Constitution of the Kingdom of Thailand B.E. 2540, Section 75, specifies that the public sector is required to effectively organize public services and other related functions in order to respond to the needs of the people. The State Administration Act (No. 5) B.E 2545, Section 3/1, emphasizes that public administration must address the following; Benefits that accrue to the Thai people Result-oriented administration Effective administration Worthiness of government functions De-layering of work processes Abolishment of unnecessary agencies and functions
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Decentralization of missions and resources to local administrative units Empowerment in decision-making Facilitation of and responsiveness to the needs of the people; and Accountability for endorsements.
Public agencies are expected to function under the principles of good governance; in particular, focusing on accountability for endorsements, promoting public participation, disclosing information, as well as monitoring and evaluating
agencies will vary according the functional nature
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The Cabinet shall make the State Administration Plan to be employed during its term of office. After policy of the Cabinet has been stated to the Parliament, the Secretariat of the Cabinet together with the Office of the Prime Minister, the Office of the National Economic and Social Development Board, and the Budget Bureau shall prepare and propose the State Administration Plan to the Cabinet for consideration within ninety days as from the date the policy of the Cabinet has been stated to the Parliament. If the Cabinet approves State Administration Plan under paragraph one, the Cabinet, Minister, and government agency are bound to finish the mission determined therein.
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effective, the Office of the Council of State and the Secretariat of the Cabinet are to jointly develop the Legislative Plan that is consistent with the State Administration Plan. The Legislative Plan must include details on what new laws are required and what existing laws need to be amended, as well as identifying responsible agencies and time required. The Legislative Plan is submitted for cabinet approval, after which it becomes binding to all relevant agencies who must proceed in accordance with the Plan.
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In order for modernizing law, rules, regulations, ordinance and notification to be in line with the world situation or national economic, social and security, the government agency, after having considered public convenience and burden, shall have the duty to explore, examine, and review law, rules, regulations, ordinance and notification under its responsibility and to propose repealing or revising the existing law, rules, regulations,
new ones. In exercising the duty under paragraph
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If the Office of the Council of State is of
agency does not comply with, or suitable to, present situation, does not facilitate national development, impedes the carrying out of business or living conditions of people, or establish excess burden or troublesomeness to people, the Office of the Council of State shall recommend the government agency to amend, revise or repeal such law, rules, regulations,
If the government agency does not agree with the recommendation of the Office of the Council of State, it shall propose this matter to the Cabinet for consideration.
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government agency having the power to enact rules, regulations, ordinance or notification to be enforced with other government agencies shall have the duty to review whether such rules, regulations, ordinance or notification is the cause of obstacle, overlap or delay in an administration of other government agency and it shall, if any, revise such rules, regulations,
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If there is a complaint or comment from an official or other government agency related to any rules, regulations, ordinance or notification, the related government agency shall review that rules, regulations, ordinance
whether such complaint or comment base upon misunderstanding, the government agency enacting that rules, regulations,
who make a complaint or comment within fifteen days.
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(3)
A complaint or comment under paragraph two may be sent to the government agency via PDC.
(4)
In the case where PDC is of opinion that any rules, regulations, ordinance or notification having a characteristic under paragraph one, it shall inform related government agency so as to amend or repeal such rule, regulation, ordinance or notification without delay.
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Governance B.E. 2546 (A.D. 2003 ) stipulates the performance of every agency must be evaluated. Evaluation is done by independent evaluators, and a “Performance Agreement” is to be signed.
Legal and regulatory reforms became KPI’s and constituted part
– % of success in amending or revoking laws or regulations. (2004) – Level of success in formulating legal development plan by
– Weighted average level of success in implementing the legal development plan by agencies. (2005) – … – Level of success in implementing the legal development plan by
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Process of Developing Individual Legislation Score for Each Process Evidence that must be submitted % Success Score Step 1 Examination, study, and analysis of individual legislation are completed. 60 1 Report containing the examination or analysis of the legislation, or other evidence that shows analysis of individual legislation. Step 2 Completion of draft legislation 70 2 Draft legislation that has been approved by the head of an agency or equivalent. Step 3 Focus group comprising of stakeholders and affected citizens/groups of draft legislation has been conducted. 80 3 Report outlining the existence of a focus group or other public hearing activities that include the right target groups and has a format suitable of the draft legislation being discussed. Step 4 Draft legislation receives the approval of the Agency Legal Development Committee, if one exists, and the minister. 90 4 Report or other evidence showing that the draft legislation has been scrutinized by the Agency Legal Development Committee, if
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the cabinet, then it must be submitted to The Secretariat of the Cabinet by 30 September 2009.
submitted to the cabinet, then it must be promulgated no later than 30 September 2009. 100 5
signed by the authorized Minister by 30 September 2009 (in case that it must be submitted to the cabinet).
Cabinet that the draft legislation has been promulgated by 30 September (in case that it need not pass through cabinet deliberation).
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Policy Framework in Legal Development by Agencies Cabinet Resolution 28 December 2004
Principle 1 Operation in accordance with the Constitution and existing Laws Measure 1 Amend or revoke laws contradicting the constitution, or draft new laws per constitutional requirements. Measure 2 Revoke laws that are no longer enforced. Measure 3 Reduce or revoke laws or procedures that create unnecessary burden to citizens in accordance with the Article 35 of The Royal Decree on Criteria and Procedures for Good Governance B.E. 2546 (A.D. 2003 ) Measure 4 Reduce or revoke laws or procedures contrary to economic necessities or those requiring the public sector to unnecessarily compete with the private sector. Measure 5 Reduce or revoke laws or procedures that create complexities and duplications, or hinder efficient operation of the public sector in accordance with Article 42 of the Royal Decree on Criteria and Procedures for Good Governance B.E. 2546 (A.D. 2003 ) . (Applicable only to central government agencies)
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Principle 2 Legal development per special government policy. Measure 6 Amend or pass new laws to eradicate poverty, and increase access to the judicial process by the poor and disadvantaged. Measure 7 Reduce, revoke, or pass new laws to strengthen national competitiveness. Measure 8 Improve legal framework to facilitate the adjustment of economic structure. Measure 9 Amend laws or operational procedures to prevent corruption and unethical conduct. Measure 10 Legal development in accordance with policy issued by the National Legal Policy Committee, the Sub-Committee on Legal Development, or panel of experts (Focus Group), established by the Sub-Committee Overseeing Legal Development by Agencies.
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Policy Framework in Legal Development by Agencies Cabinet Resolution 28 December 2004
Principle 3 Procedural legal development. Measure 11 Develop an evaluation system to track operations in accordance with cabinet resolutions. Measure 12 Develop a system to provide access to public sector information consistent with the Official Information Act B.E. 2540 (A.D. 1997). Measure 13 Reduce, abolish, or change processes or procedures that create (operational) delays or those that are unnecessary by law. Measure 14 Conduct public hearings in drafting or amending laws. Measure 15 Perform a periodic legal review by affect citizens and parties per Article 35 of the Royal Decree on Good Governance.
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Policy Framework in Legal Development by Agencies Cabinet Resolution 28 December 2004
Measure 16 Compilation of similar laws and regulations (to group them). Measure 17 Revoke the issuance of licenses, or reduce citizenry burdens in requesting a license or permission from relevant ministries by limiting a ministry’s authority in imposing unnecessary new burdens on citizens or to abolish the issuing
existing licenses to be issued or permission to be granted by relevant ministries.
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Strategy 6 (A) Legal Development
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development by the agency.
departmental legal development evaluation.
development work by agencies: Group 1 - Economic Laws.
development work by agencies: Group 2 - Social Laws.
development work by agencies: Group 3 - Natural Resources and Environmental Laws.
development work by agencies: Group 4 - National Security Laws.
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Laws Under Ministerial Responsibilities Laws that have been addressed Primary Legislations 730 65 Secondary Legislations 8857 318 Total 9587 383
acceptable research work can submit request to the Office of the Civil Service Commission (OCSC) for position allowance.
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Joint Meeting between the Public Sector Development Commission (PDC) + the Secretariat of the Cabinet Seminar involving every Legal Committee and Sub- Committee
The Public Sector Development Commission Evaluates the Result
Proceed per Cabinet Resolution Submit Result of PDC recommendations to the Cabinet
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