Draft Ministerial Regulation Designating Government Agencies Being Able to Request an Execution Officer to Conduct Administrative Enforcement (No. ..) B.E. ….
The Cabinet, on 19 April 2022, approved in principle the draft Ministerial Regulation Designating Government Agencies Being Able to Request an Execution Officer to Conduct Administrative Enforcement (No. ..) B.E. …. (“Ministerial Regulation”) as proposed by the Ministry of Finance.
The main object of this Ministerial Regulation is to prescribe that 16 agencies, i.e. the Bank of Thailand (BOT), Government Pension Fund, National Savings Fund, Life Insurance Fund, General Insurance Fund, Neighbouring Countries Economic Development Cooperation Agency (NEDA), Bank for Agriculture and Agricultural Cooperatives, Export-Import Bank of Thailand (EXIM Bank), Thai Credit Guarantee Corporation, Government Housing Bank (GH Bank), Government Lottery Office, Tobacco Authority of Thailand (TOAT), Securities and Exchange Commission (SEC), Deposit Protection Agency (DPA), Office of Insurance Commission (OIC) and Student Loan Fund, are able to request an execution officer to conduct on administrative enforcement under the law regarding administrative procedures.
Under the Administrative Procedure Act B.E. 2539 (1996) (“Act”), if the government agencies, in the case of force for payment and the administrative order requesting for the payment becomes final, wish the execution officer under the Legal Execution Department to enforce such administrative order, the request shall be submitted unilaterally to the court within 10 years from the date that the administrative order to settle the payment becomes final.
The court will issue a writ of execution to enforce such administrative order by specifying the amount that the person subject to the administrative enforcement has not paid according to the administrative order, regardless of whether such government agencies implement the administrative enforcement or carry out the administrative enforcement but have not receive payment or receive some portion of the same.
The Ministry of Finance has specified the abovementioned 16 government agencies under the supervision of the Ministry of Finance in order to effectively implement the enforcement of administrative order to settle the payment.