Thailand – Electronic Performance of Administrative Function

Technology has drastically changed from time to time causing the rapid growth of communication . Since then, the Electronic Transaction Act B.E. 2544 (2001) has been enacted, it supports the legal effects of electronic and commercial electronic transactions conducted electronically, as well as electronic transactions of public sector.

Even though under Section 35 of the Electronic Transaction Act B.E. 2544,  it endorses applications, registrations, payments or any acts by way of electronic transactions in the public sector, most government entities prefer to remain to their own traditional way – that is non-electronic transaction. Now, the government would like to drive the digital government faster by way of issuing a new law accepting applications, registrations, payments or any acts by way of electronic in the public sector. Once it is enacted, no government entities can deny any electronic applications or transactions.

The Cabinet of Thailand recently has approved the draft Act on Electronic Performance of Administrative Function B.E. …. (“Draft Act”). This Draft Act would revolutionize how Thai citizens interact with government agencies and make a big step toward the digital government.

The Draft Act ensures the validity of applications or communications from a private sector to official or public sector via electronic method.

The Draft Act sets the same standard of suitable technology to be applied to all government entities and  validity of the following which is done electronically:

1. Filing an application, payment or contact the public sector can made through the electronic method, except some registrations such as immoveable property, marriage, divorce, adoption or applications for ID card and passport.
2. In the case where an application has been made  electronically, it shall be deemed that the government sector would reply electronically; unless, the applicant requests otherwise.
3. A government sector shall provide a copy of document and certifies for accuracy of such copy and  governmental agency cannot charge the applicant any governmental fee to certify such documents.
4. In the case where matters required by law to obtain a license by applying to a regulator, an applicant can  submit an application, document, or evidence via an electronic method.
5. This Draft Act shall apply to all state agencies which are not in a legislative branch, judiciary branch, independent constitutional organization, public prosecutor organization and other state agencies as specified in the Ministerial Regulation.

Currently, the Draft Act has been submitted to the House of Representatives for consideration. Procedurally, it will take a couple of years before the Draft Act becomes enforced.