Services Related to Infrastructure and Public Projects under the New Law on Public and Private Partnership


by Jin Sukme and Kanpimon Naksinn

As we previously published our article regarding a new public and private partnership law, called the Public-Private Partnership Act B.E.2562 (“New PPP Act”) which has been published in the Royal Gazette and effective since 11 March 2019.

Section 7 of the New PPP Act specifies lists of certain projects requiring to be subject to the provisions of the New PPP Act. Those projects are for example, the projects in relation to road, train, airport, port, hospital, school and telecommunication. The infrastructure and public services listed in this section shall include services that are necessary for the achievement of such infrastructure and public services. Any project owner agency wishing to be a partner of a joint investment project in businesses relating to the infrastructure and public services listed in this section shall comply with the New PPP Act.

Recently, the Cabinet has approved in principle for the announcement proposed by the PPP Committee on services that are necessary for the achievement of airport and air-transportation projects. Those will include, for example, cargo, kitchen for air transportation services, passenger handling services, security services and cleaning of airplane services.

Once proposing a joint investment project, a project owner agency shall prepare a project study report and analysis report containing details announced by the PPP Committee. a consultant shall be engaged for preparation of those reports. The project owner agency shall propose the principles of the project to the responsible minister for its approval. After approval, they shall propose the approved reports to the PPP committee for its consideration. Once the reports have been approved by the PPP Committee, the principle of the project shall be proposed to the Cabinet for its approval and then the joint investment project will be set up.

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