Translation
ROYAL DECREE
ON
PRINCIPLE AND PROCEDURE FOR
GOOD PUBLIC GOVERNANCE,
B.E. 2546 (2003)
BHUMIBOL ADULYADEJ,
REX.
Given on the 9th
Day of October B.E. 2546;
Being the 58th
Year of the Present Reign.
His
Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas
it is expedient to lay down the principle and procedure for good public governance;
By
virtue of section 221 of the Constitution of the Kingdom of Thailand
Section
1. This Royal Decree is called the
“Royal Decree on Principle and procedure for Good Public Governance, B.E.
2546”.
Section
2. This Royal Decree shall come into
force as from the day following the date of its publication in the Government
Gazette.[*]
Section
3. In implementing this Royal
Decree, the Council of Ministers shall, by advice of the Public Sector
Development Commission, determine as to whether which matter shall be
implemented by which government agency during which period and under which
condition.
Section
4. In this Royal Decree:
“Government
agency” means the government agency under the law on improvement of ministry, sub-ministry
and department and other State agency under supervision of the Executive, but
not including the local government organization;
“State
enterprise” means the State enterprise established by the Act of Parliament or
by the Royal Decree;
“Public
servant” includes officer, employee or other person who works for the government
agency.
Section 5. The Prime Minister shall have charge and
control for the execution of this Royal Decree.
CHAPTER I
Good Public Governance
Section 6. The good public governance is the public
administration to meet the following targets:
(1) public welfare;
(2) efficient result of the
mission of the State;
(3) effectiveness and worth
of the mission of the State;
(4) no unnecessary steps
of work;
(5) mission of the
government agency shall always be adjusted for the compliance with existing
circumstance;
(6) convenience shall be
provided for public and public requirement shall be responded;
(7) performance of
public administration shall always be evaluated.
CHAPTER II
Public Administration
for Public Welfare
Section 7. The public administration for public welfare means
the public administration with a view to enhance public welfare and good living
conditions and public order and safety as well as to maximize national profit.
Section 8. In carrying out public administration for public
welfare, the government agency shall deem public as centre to be serviced and shall
act in compliance with the following instructions:
(1) mission of the State
and the government agency shall be determined in compliance with the objective
as prescribed in section 7, policy of the State and policy of the Council of
Ministers as stated to the National Assembly;
(2) mission of the government
agency shall be carried out in good faith and shall be able to review with a view
to public welfare, both national and local level;
(3) prior to the
commencement of any mission, the government agency shall organize the making of
impact analysis of such mission in all aspect and shall determine transparent steps
of work and scrutiny measure for each steps of work. If the carrying out of any mission may affect
public, the government agency shall consult with, or provide information to, public
in order to make them known of public benefit which may be derived from that mission;
(4) there shall be duty
of public servant to gather comment and pleasure of public and individual whose
service is provided so as to improve or recommend the superior to improve the
administrative procedure as appropriate;
(5) if there is any
problem or obstacle during the mission, the government agency shall solve such
problem or obstacle without delay. If
such problem or obstacle caused by other government agencies or any regulation
issued by other government agencies, the government agency shall inform,
without delay, those government agencies to acknowledge and solve the problem
or obstacle. In this case, the
government agency shall also inform the Public Sector Development Commission for
acknowledgement.
CHAPTER III
Public
Administration for the Efficient Result
of the Mission
Section 9. In carrying out public administration for the
efficient result of the mission of the State, the government agency shall:
(1) prior to the carrying
out of each mission, make the public administration plan thereof in advance;
(2) determine details of
its public administration plan under (1).
The details to be determined shall consist of the steps of work, implementation
period and budget for each steps of work, objective and result of the mission and
indicator for the success of the mission;
(3) monitor and evaluate
the performance of the public administration plan under the principle and
procedure determined by such government agency which shall be compatible to the
standard as determined by the Public Sector Development Commission;
(4) redress or relieve
the impact or improve the public administration plan as appropriate if the
carrying out of the mission or the public administration plan has affected public.
Section 10. If any mission relates to many government
agencies or closes to, or is conjunction with, other missions, all related
government agencies shall determine their practices in public administration with
a view to integrate their public administration altogether for the efficient
result of the mission of the State.
The government agency
shall have the duty to support the Changwat Governor or the Head of Thailand
delegation abroad, as the case may be, in the carrying out of their duties so
as to enhance their capability in enforcing the law as necessary to their public
administration and to enhance the efficiency of their public administration.
Section 11. In order to enable the administration of the
government agency to be in compliance with the public administration for the
efficient result of the mission of the State, the government agency shall have
the duty to develop knowledge base within its agency regularly so as to make
itself as the knowledge base agency. In
this regards, the government agency shall analyze all received information in
order to produce analytical knowledge which is necessary to its practical use in
its public administration correctly, rapidly and suitably for any circumstance. The government agency shall also promote and
develop knowledge and capability of, and create vision and alter attitude of,
its public servants so as to be efficient and co-learning personnel.
Section 12. The Public Sector Development Commission may,
for the public administration for the efficient result of the mission of the
State, propose the Council of Ministers to determine the public administration
surveillance measure by making of written arrangement or by other means which states
the public administration responsibility.
Section 13. The Council of Ministers shall make the State
Administration Plan during its term of office.
After the policy of the
Council of Ministers has been stated to the National Assembly, the Office of
the Secretariat of the Council of Ministers, the Office of the Secretariat of
the Prime Minister, the Office of the National Economic and Social Development
Board and the Budget Bureau shall jointly make and propose the State
Administration Plan to the Council of Ministers for consideration within ninety
days as from the date the policy of the Council of Ministers has been stated to
the National Assembly.
After the State
Administration Plan has been approved by the Council of Ministers under
paragraph one, the Council of Ministers, Minister, and government agency shall
be bound to undertake the mission specified therein.
Section 14. The State Administration Plan under section 13
shall be four years plan. In the making
of such plan, the policy of the Council of Ministers stated to the National
Assembly shall be taken into consideration with respect to the Policy of the
State under the provisions of the Constitution of the Kingdom of Thailand
Section 15. After the announcement of the State
Administration Plan, the Office of the Council of State and
the Office of the Secretariat of the Prime Minister shall jointly make the
Legislation Plan having detail of law to be newly enacted, revised or repealed for
the achievement of the State Administration Plan, the responsible government
agency and implementation period.
After the Legislation
Plan as proposed by the Office of the Council of State and the Office of the
Secretariat of the Prime Minister has been approved by the Council of
Ministers, all related government agency shall be bound to comply therewith.
The Office of the
Council of State may, if it thinks fit, propose the rule on the making of the Legislation
Plan to the Council of Minister for approval so as to establish co-operation in
the making such plan.
Section 16. The government agency shall make its public
administration plan as the four years plan and such plan shall be in accordance
with the State Administration Plan under section 13.
In each fiscal year, the
government agency shall make and propose its annual public administration plan
to the Minister for approval. Such plan
shall compose of the public administration policy of such government agency,
target and result of work, estimated income and expenditure and resource to be
used.
If the annual public
administration plan has been approved by the Minister under paragraph two, the
Budget Bureau shall allocate budget for each mission in an adequate amount for
the achievement thereof.
If the government agency
fails to propose any mission in the public administration plan or any mission
has not been approved by the Minister, the Budget Bureau shall not allocate
budget for such mission.
At the expiration of
each fiscal year, the government agency shall propose a report on the result of
the annual public administration plan to the Council of Ministers.
Section 17. In the case where the law on budgetary
procedure requires the government agency to submit the public administration plan
together with its request for annual budget, the Budget Bureau and the Public
Sector Development Commission shall, so as to lessen workload of the government
agency in the making of such plan, jointly determine guideline for the making
of the public administration plan under section 16 which shall also be applied to
the making of the public administration plan under the law on budgetary
procedure.
Section 18. In the case where the annual budget of the
government agency has been allocated in accordance with its public
administration plan, the transfer of budget allocated for the mission as specified
in the public administration plan so as to be paid for other undertakings which
may deter the achievement of such mission, or for the mission which has not
been specified therein, shall be made if the adjustment of the public
administration plan in response thereto has been approved by the Council of
Ministers.
The adjustment of the public
administration plan under paragraph one shall be made only when the carrying
out of any specified undertaking or mission is unable to reach its objective or
such undertaking or mission is no longer necessarily or is not beneficial or
the carrying out of such undertaking or mission may cause unnecessary expense,
or there is unavoidable reason to adjust the subject matter of the public
administration plan.
After the adjustment of
the public administration plan has been approved by the Council of Ministers, the
State Administration Plan shall also be adjusted for the compliance therewith.
Section 19. When the Prime Minister vacates office, the
head of the government agency shall report the performance of public
administration of the government agency and other required data to the new
Prime Minister as requested. Such data
shall be considered by the new Prime Minister in determining suitable State
administration policy.
CHAPTER IV
Public
Administration for the Effectiveness and the
Worth of the Mission
Section 20. The government agency shall, for the
effective performance of its public administration, determine target, action
plan, completion date of work or project and budget to be used for each work or
project and shall also make such information known to its public servant and public.
Section 21. The government agency shall make cost
accounting of each category of public service to be provided in compliance with
principle and procedure determined by the Comptroller General’s Department.
The government agency
shall calculate the expenditure for providing each public service under its
responsibility within the period of time as determined by the Comptroller
General’s Department and shall report such calculation to the Budget Bureau,
the Comptroller General’s Department and the Public Sector Development
Commission for acknowledgement.
In the case where the
expenditure for providing any public service of any government agency is higher
than that of the other which provide the same or similar category and quality
public service, such government agency shall propose the plan to reduce the expenditure
for such public service to the Budget Bureau, the Comptroller General’s
Department and the Public Sector Development Commission for acknowledgement. If no objection is given within fifteen days,
such government agency shall carry out the proposed plan.
Section 22. The Office of National Economic and Social
Development Board and the Budget Bureau shall jointly evaluate the worth of the
mission of the State carried out by the government agency and shall, within the
period determined by the Council of Ministers, report the evaluation to the
Council of Ministers in order to be guideline for considering as to whether
which mission shall be continued or dissolved and for the making of budget request
of the government agency for the next fiscal year.
In the worth evaluation
under paragraph one, the category and conditions of each mission, feasibility
of the mission or project, benefit to the State and public at large and
expenditure to be paid before and after the implementation thereof shall be
taken into consideration.
The worth under this section
shall include social benefit or harm and other benefit or harm which can not be
calculated in term of money.
Section 23. The government agency shall carry out its procurement
transparently and fair. In this regards,
social benefit or harm, burden to public, quality, purpose of use, price and
long-term benefit of the government agency shall be taken into its
consideration.
If the purpose of use requires
considering the quality and maintenance of the object under procurement as
essential element, the procurement shall be made irrespective of the lowest
price.
The government agency
having charge and duty for the execution of the procurement regulation shall
review the procurement regulation regularly in order to enhance the government
agency to act in compliance with paragraph one and paragraph two effectively.
Section 24. In carrying out any mission, if it is
necessary for the government agency to acquire a permission, approval or
consent from another government agency under the law, rule, regulation,
ordinance, notification or resolution of the Council of Ministers, the
government agency having charge and duty in giving such permission, approval or
consent shall inform its decision to the government agency applying the application
within fifteen days as from the date of its receiving of the application.
If the law, rule,
regulation, ordinance, notification or resolution of the Council of Ministers
prescribes or determines the steps of work to be done and the completion of
those steps of work takes more than fifteen days, the government agency having
charge and duty in giving such permission, approval or consent shall make such
period known to other government agencies.
In the case where the
government agency having charge and duty in giving such permission, approval or
consent fails to comply with paragraph one or paragraph two and any damage
incurred therefrom, it shall be deemed that the responsible public servant and the
head of such government agency are seriously negligent, provided that they can
prove that the cause of delay is not their fault.
Section 25. In considering any problem, there shall be
duty of the government agency responsible for such problem to make a decision
thereon without delay. The establishment
of a committee so as to consider such problem shall be made if there is
unavoidably necessary.
In considering any matter
by the committee, the government agency having its representative in such
committee shall be bound by the resolution of the committee even though its
representative is not presence at the meeting.
If the resolution is unanimous, opinion of the minority shall be
recorded.
The binding effect under
paragraph two shall not apply to the decision on the point of law.
Section 26. An official order shall be made in
writing. If it is unable to make a
written order, the superior may make the order orally. In this case, the subordinate shall record
such oral order in writing and shall, after such order has been implemented,
make and submit a report thereon to the person who makes such order for acknowledgement. Such report shall refer to an oral order.
CHAPTER V
Lessening
Unnecessary Steps of Work
Section 27. The government agency shall delegate the decisive
power related to the making of order, granting permission, giving approval,
doing public administration or other undertakings of a person holding any office
to a person who is responsible directly to the carrying out such matter so as
to accelerate the public administration and to lessen unnecessary steps of
work. In this regards, such delegation
of power shall be made with a view to provide convenient and rapid service to public.
When the decisive power
has been delegated under paragraph one, the government agency shall determine rule
for controlling, monitoring and supervising the exercise of power and the
accountability of the proxy and the person who delegates power. Such rule shall not create unnecessary steps
of work or screening system. If the use
of the information technology or telecommunication system may lessen steps of
work, enhance effectiveness or save cost and may not damage the official work,
the government agency shall enable the public servant to use appropriate information
technology or telecommunication system which suit to its budget.
Section 28. For the purpose of delegation of decisive
power under section 27, the Public Sector Development Commission may, with
approval of the Council of Ministers, determine principle and procedure or
guideline on the delegation of decisive power, accountability between the
person who delegates power and the proxy and the lessening steps of work to be complied
by the government agency.
Section 29. Each government agency shall, in doing work
related to public service or inter-government agencies coordination, make
workflow chart stating all steps of work and their completion period as well as
other related details of each step of work and shall disclose such workflow
chart at the office of the government agency and in its information network for
an examination of public or related person.
Section 30. In each Ministry, there shall be duty of the Permanent
Secretary to organize all units under such Ministry which provide service to public
altogether to establish the cooperative service center so as to facilitate public
to act in compliance with law or other rules.
For this purpose, public shall be enable to contact official at the
cooperative service center for information, permission or approval on any
matter under power and duty of all units under the same Ministry.
Section 31. There shall be the official in the
cooperative service center under section 30 so as to receive all requests and
proceed them to the responsible unit for further implementation. In this regards, information and documents
related to the power and duty of all units under the Ministry, including all
related forms, shall be prepared at the cooperative service center so as to
provide to public.
There shall be duty of the
related unit to print out detail of document and evidence to be submitted by public
together with a request for any approval or permission and send such document
and evidence to the official of the cooperative service center. The official of the cooperative service
center shall have duty to inform public, at first contact, as to whether the
submitted document and evidence are complete and shall also inform completion
period of such implementation.
Any request or
application submitted to the cooperative service center under section 30 shall
be deemed that it is submitted to all related government agencies as prescribed
by law or rule.
In an implementation
under paragraph one, if there is a problem or obstacle in carrying out the
public administration in accordance with the principle and procedure as
prescribed by any law or rule, the related unit shall inform the Public Sector
Development Commission in order to propose the Council of Ministers to improve the
principle and procedure as prescribed by law or rule.
Section 32. The Changwat Governor, Nai Amphoe
and Palad Amphoe acting as Chief of King Amphoe shall organize all
government agencies providing the same or inter-related public service in such Changwat,
Amphoe or King Amphoe to establish the cooperative service center
at the Central Office of Changwat, Office of Amphoe or Office of King
Amphoe or the other places as appropriate and shall make it known to public. For this purpose, the provisions of section
30 and section 31 shall be applied mutatis mutandis.
CHAPTER VI
Adjusting Mission
Section 33. The government agency shall, with regards to the
State Administration Plan, policy of the Council of Ministers, national budget
status, the worth of the mission and other related circumstances, make a review
on its mission as to whether which mission is necessary or should be continued.
The review period under
paragraph one shall be determined by the Public Sector Development Commission.
If the government agency
considers that any mission should be repealed, adjusted or altered, the
government agency shall adjust its power and duty, organizational structure and
personnel number to be in compliance therewith and propose the Council of
Ministers for approval.
In the case where the
Public Sector Development Commission considers that any mission of any
government agency should be adjusted, repealed or added, it shall propose the
Council of Ministers for consideration.
If such proposal has been approved by the Council of Ministers, such
government agency shall proceed the adjustment of the mission, power and duty,
organizational structure and personnel number to be in compliance therewith.
Section 34. In the case where the government agency is
dissolved or transferred or annexed, whether wholly or party, to another
government agency, the establishment of the new government agency having same
or similar mission or power and duty to such government agency is prohibited;
provided that the State Administration Plan has been adjusted and there is
necessary for maintaining national security or economy or public interest. In this case, the approval of the Public
Sector Development Commission has to be given.
Section 35. The government agency shall make a survey,
examine and review laws, rules, regulations, ordinance and notification under
its responsibility for the purpose of repealing or adjusting the existing laws,
rules, regulations, ordinance and notification or proposing to have the new one
which is modernize and suitable for the existing circumstance or compliable to
national necessity in economy, society and security. In this case, the government agency shall pay
attention to the providing of convenient and rapid public service as well as
the reduction of burden to public.
In exercising the duty
under paragraph one, the government agency shall take comment or recommendation
of public into its consideration.
Section 36. If the Office of the Council of State is of
opinion whether any law, rule, regulation, ordinance or notification under
responsibility of any government agency is not comply with, or suitable to, the
existing situation, unable to facilitate national development, impedes the
carrying out of business or living conditions of public or creates unnecessary
burden or complication to public, the Office of the Council of State shall
recommend such government agency to proceed, without delay, an amendment, revision
or repeal thereto.
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 Council of Ministers for consideration.
CHAPTER VII
Providing
Convenience and Responding Public Requirement
Section 37. Each government agency shall, in doing work
related to public service or inter-government agencies coordination, determine
the completion period of each work and make it known to public and public
servant. If the government agency fails
to determine the completion period of any work; but the Public Sector
Development Commission is of opinion that the completion period of such work
could be determined, or the completion period of such work has been determined
by the government agency; but the Public Sector Development Commission is of
opinion that it is longer than expected period for such work, the Public Sector
Development Commission may determine the completion period of such work to be
complied with by such government agency.
There shall be the duty
of the superior to control the subordinate to finish the work on time under
paragraph one.
Section 38. After receiving written question from people
or other government agencies related to any work under its responsibility, the
government agency shall have duty to response such question or give information
on the reaction thereto within fifteen days or within the period as prescribed
in section 37.
Section 39. The government agency shall establish its
information network system so as to facilitate public in making contact
therewith or asking for information or stating comment related to the public
administration of such government agency.
The information network system
under paragraph one shall be compatible to the system established by the
Ministry of Information Technology and Communication under section 40.
Section 40. In order to enhance public convenience in,
and to accelerate the speed of, contacting with all government agencies, the
Ministry of Information Technology and Communication shall establish central
information network system.
The government agency which
is unable to establish its own information network system may request the
Ministry of Information Technology and Communication to establish its
information network system. In this
case, the Ministry of Information Technology and Communication may ask for
personnel, financial and data support from the government agency which make a
request.
Section 41. If the government agency receives a
complaint, suggestion or comment, together with sufficient data and substance
from any person, which relates to its administrative procedure, obstacle,
complication or other problems, there shall be duty of such government agency
to act in response of those complaint, suggestion or comment. If the residence of the person who made a
complaint, suggestion or comment is known, the government agency shall inform its
reaction in response thereof to that person.
In this case, such information may also be made by through the
information network system of the government agency.
If the result of the
reaction is informed by through the information network system, name or address
of the person who made a complaint, suggestion or comment shall not be disclosed.
Section 42. In order to enhance effective and rapid
public administration, the government agency having power to enact rule,
regulation, ordinance or notification to be complied with by other government
agencies shall have duty to review such rule, regulation, ordinance or
notification as to whether it is the cause of obstacle or complication, overlap
or delay in public administration of other government agencies. If such finding appears, the government
agency shall make a revision thereto without delay.
If there is a complaint
or suggestion from a public servant or other government agencies in any matter,
the government agency which enacts the rule, regulation, ordinance or
notification shall take such complaint or suggestion into its consideration promptly. If it is of opinion that such complaint or
suggestion base upon misunderstanding in the rule, regulation, ordinance or
notification, it shall make a clarification to a person who makes a complaint
or suggestion within fifteen days.
A complaint or suggestion
under paragraph two may be made by through the Public Sector Development
Commission.
In the case where the
Public Sector Development Commission is of opinion that any rule, regulation,
ordinance or notification having a characteristic under paragraph one, it shall
inform, without delay, the government agency which enacts such rule,
regulation, ordinance or notification to make an amendment or repeal thereof.
Section 43. The performance of any public administration shall
be disclosed. The public administration
may be classified as confidential if there is intense necessity to maintain
national security, national economic stability, public order or to protect
personal right. In this case, the public
administration may be imposed in confidence as necessary.
Section 44. The government agency shall disclose
information related to its annual budgetary appropriation, details on its procurement
to be done in such fiscal year and any approved procurement contract and shall enable
public to check or examine that information at the office of such government
agency and on its information network system.
The disclosure of such information shall not be made if it may cause advantage,
disadvantage or damage to any person related to such procurement.
The procurement contract
shall not have a clause or agreement that prohibit the disclosure of any clause
or agreement thereof, provided that such data is subjected to law, rule,
regulation or ordinance related to the protection of the national security or
trade secret.
CHAPTER VIII
Evaluation of the
Performance of Public Administration
Section 45. Apart from the evaluation under section 9
(3), the government agency shall establish, under the principle, procedure and
period as determined by the Public Sector Development Commission, an
independent evaluation committee in order to evaluate the performance of public
administration of the government agency related to the result of the mission,
quality of service, pleasure of public as customer, and worth of the mission.
Section 46. The government agency may evaluate the
performance of each level of the superior or its unit. Such evaluation shall be made confidentially
with a view to the unification of public servant.
Section 47. In an evaluation of the performance of public
servant for the purpose of personnel administration, the government agency
shall consider the performance of each public servant while he or she is in the
responsible position and benefit and result in which the unit such public
servant is attached has received from his or her performance.
Section 48. In the case where service provided by any
government agency meets the quality requirement, achieve the determined target
and pleasure to public, the Public Sector Development Commission shall propose
the Council of Ministers to allocate extra budget as bonus for such government
agency or allow the government agency to spend its unpaid budget so as to be
paid for improving its performance of public administration or allocated as
bonus to its public servant under the principle and procedure as determined by the
Public Sector Development Commission with consent of the Council of Ministers.
Section 49. In the case where the performance of public
administration of any government agency meets the determined target or produces
additional output and result without paying the extra budget and it is worth
for the mission of the State, or the government agency achieves the plan to
lessen expenditure per item under the principle determined by the Public Sector
Development Commission, the Public Sector Development Commission shall propose
the Council of Ministers to allocate extra budget as efficient bonus for such
government agency or allow the government agency to spend its unpaid budget so
as to be paid for improving its performance of public administration or
allocated as bonus to its public servant under the principle and procedure as
determined by the Public Sector Development Commission with consent of the
Council of Ministers.
CHAPTER IX
Miscellaneous
Section 50. Otherwise prescribed by this Royal Decree,
the Public Sector Development Commission may, with a view to enhance the effectiveness
of, and the worth for the mission to, the public administration and with
approval of the Council of Ministers, determine any act to be complied by the
government agency, including the addition to the measure as prescribed in
section 48 and section 49.
Section 51. In the case where this Royal Decree requires
the government agency to make a work plan for any matter and other laws also requires
the government agency to make a work plan thereon, wholly or partly, if the work
plan has been made under such law, it shall be deemed that such government
agency has made the work plan under this Royal Decree.
Section 52. The local government organization shall lay down the principle for
good public administration in accordance with this Royal Decree. Such principle shall, at least, consist of
the principle on lessening steps of work and on facilitating and responding
public requirement which comply with the provisions of Chapter V and Chapter
VII.
There shall be duty of
the Ministry of Interior to supervise and support the local government organization in laying down the principle under paragraph one.
Section 53. The public autonomy authority and State
enterprise shall lay down the principle for good public administration in
accordance with this Royal Decree.
In the case where the
Public Sector Development Commission is of opinion that any public autonomy
authority and State enterprise fails to lay down the principle under paragraph
one, or the laid down principle is not comply with this Royal Decree, it shall
inform the Minister having charge and control for the execution of such public
autonomy authority or State enterprise to order such public autonomy authority
and State enterprise to make a correction.
Countersigned
by:
Police
Lieutenant Colonel Thaksin Shinawatra
Prime Minister
[*]Published in the Government Gazette, Vol. 120
, Part 100a, page 1, dated 9th October B.E. 2546 (2003)
