Electronic Performance of Administrative Functions
In order to keep up the pace of digitalized world, the Thai government has enforced a major change towards digitalization when the cabinet proposed the Draft of Act on Electronic Performance of Administrative Functions (the “Draft”) on 30 March 2021. This Draft would facilitate Thai citizens on interacting with governmental agencies and meanwhile improve the internal operation of state agencies as well.
Once the Draft has passed into an Act, electronic performance of administrative functions shall be subjected to an Act without having to comply with Chapter 4 on Electronic Transactions in the Public Sector of the Electronic Transaction Act B.E. 2544 except for a case that the Council of Ministers specifies otherwise by a resolution.
The scope of the Act
All government agencies would be subjected to this Act except the following:
➢ State-owned enterprises which are limited companies and public companies
➢ Legislative organization
➢ Judiciary organization
➢ Independent organizations according to the Thai Constitution
➢ Public Prosecutor organization
➢ Other state agencies specified in the Ministerial Regulation
The Application of the Act
➢ Thai citizens will have an option for filing or submitting any application via electronic method and such action will be deemed lawful. As a result, state officials cannot reject such application with the reason that it was submitted electronically.
➢ Such application will be communicated through electronic methods unless request is made by the applicant.
➢ Any charge to the applicant for certifying the document will not be allowed.
➢ Any electronic communications between state agencies, between state agencies and state officials, and between state officials will be deemed to be lawful. In addition, such communications can be used legally as an evidence.
➢ As required by the law to display a license or document issued by a state agency, a license holder can display it via electronic method except for ID card, passport, and other license prescribed in the Ministerial Regulation.
Legal Insight Vol. June 2021 of Bangkok Global Law
The PDF file can be downloaded via the link as set below.