LEGAL ENFORCEMENT DEVELOPMENT IN THAILAND

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Presentation transcript:

LEGAL ENFORCEMENT DEVELOPMENT IN THAILAND 4 June 2015 Ms. Ruenvadee Suwanmongkol Director-General, Legal Execution Department Ministry of Justice, THAILAND

Agenda Mission of the LED Roles of the LED  Recent Development Legal Reform Policy Aspects  World Bank – Ease of Doing Business Enforcing Contracts - Doing Business in Asia - ASEAN  ASEAN Economic Community  Forward Looking

Mission of the LED Provide services in Civil case enforcement, Bankruptcy cases administration, Reorganization, Liquidation and Deposit of property with cost efficiency, fairness and swiftness Provide legal information concerning legal execution and deposit of property to the public Provide mediation service at enforcement phase

Mission of the LED Standardize and improve the practices nationwide – 114 Offices around the country Modernize laws and regulations relating to LED functions to cope with the economic and social development Develop effective case management, process and administration to increase efficiency Equip LED officers with knowledge and ability at professional level

Roles of the LED FAIR FAST EQUITABLE TRANSPARENT Engine to the growth of the Thai economy Strengthen the competitive of the country Resolve commercial disputes by implementing the mediation International cooperation FAIR FAST EQUITABLE TRANSPARENT

Recent Development : Legal Reform Amendment/Revision of … Expected Effect Civil Procedure Code, Section 309 quarter (endorsed by the Cabinet on January 6, 2015, now under the deliberation of the Council of State) Winning bidder not liable to the debt owed by the former owner of the condominium >> attract more potential bidders Civil Procedure Code, Title II, Division IV, Execution of Judgment or Order (endorsed by the Cabinet on January 6, 2015, now under deliberation of the Council of State) Minimizing steps and updating in enforcement procedures >> decreasing duration of time in enforcing court judgment

Recent Development : Legal Reform Amendment/Revision of … Expected Effect Ministerial Decree on Setting Rules, Measures and Conditions of the Public Auction (endorsed by the Cabinet on May 18, 2015 and will be soon under the deliberation of the Council of State) Resolving obstacles relating to public auction and cutting unnecessary procedures >> increase effectiveness of the public auction LEDs’ Order on Documents Required for Commencing the Enforcement Procedures and the Advancing of Fees in Civil Cases Resolving obstacles relating to and facilitating the enforcement of judgment >> increase effectiveness of enforcement Codifying all LED’s orders regarding to civil enforcement Facilitating all stakeholders, including the LED’s personnel to refer and consider all the LED’s orders >> increase effectiveness of enforcement

Recent Development: Policy Aspects Facilitation Enforcement Service Promote the effectiveness of “One-Stop-Service” Office Public auction on the weekday & weekend Promoting mediation at enforcement phase focusing on Households, SME and education debts

Recent Development: Policy Aspects Computerized System Enhancement Mobile on Application “LED Property” – access information regarding assets ready to be sold at the public auction, since January 1, 2015 E-Enforcement System: (Currently implemented) E-Civil Case Management E-Payment E-Broadcast E-Service of Document In the process of developing >> E-Filing & E-Public Auction and simultaneous national-wide public auction

(Distance to Frontier % points) World Bank – Ease of Doing Business Enforcing Contracts - Doing Business in ASIA* Economies Ranking** Time (days) Cost ( % of claim value) Procedure DTF (Distance to Frontier % points) Thailand 25 440 15 36 70.05 Korea 4 230 10.3 32 81.71 Hong Kong SAR, China 6 360 21.2 26 80.32 Japan 32.2 69.95 Kazakhstan 30 370 22.0 69.33 United Arab Emirates 121 524 19.5 49 52.52 Sri Lanka 165 1,318 22.8 40 38.96 *Doing Business 2015 Report : http://www.doingbusiness.org/ **ranking compared across 189 economies

(Distance to Frontier % points) World Bank – Ease of Doing Business Enforcing Contracts - Doing Business in ASEAN* Economies Ranking** Time (days) Cost ( % of claim value) Procedure DTF (Distance to Frontier % points) Thailand 25 440 15.0 36 70.05 Singapore 1 150 25.8 21 89.54 Malaysia 29 425 37.3 69.39 Vietnam 47 400 29.0 65.89 Lao PDR 99 443 31.6 42 57.49 Philippines 124 842 31.0 37 52.02 Brunei Darussalam 139 540 36.6 47.76 Indonesia 172 471 115.7 40 37.28 Cambodia 178 483 103.4 44 32.79 Myanmar 185 1,160 51.5 45 27.31 *Doing Business 2015 Report : http://www.doingbusiness.org/ **ranking compared across 189 economies

ASEAN Economic Community 2015 Four pillars of AEC Single market and production base Competitive economic region Equitable economic development Integration into the Global economy

ASEAN Economic Community 2015 Conference on “Exchanging of Best Practices on Legal Execution between UIHJ and ASEAN Member States” 20-21 March 2014, Bangkok,Thailand - UIHJ was a co-host. to exchange information on laws and regulations, experiences and best practices regarding enforcement or court judgment in civil case, to promote a wider professional network of judicial officer and to develop cordial relationship and explore possible cooperation among relevant agencies from UIHJ and ASEAN Member States

Recent Activity of UIHJ and ASEAN Member States The Conference on “Exchanging of Best Practices on Legal Execution between UIHJ and ASEAN Member States in Bangkok, 2014

ASEAN Economic Community 2015 International Conference on Enforcement of Civil Case Judgment in the Context of Dynamic Regional Economic Integration, 26-29 July 2015, Bangkok, Thailand

Increase Competitiveness & Investor’s Confidence Aiming Towards … WORLD BANK INDEX Legal Reform Policy Facilitation Enforcement Service Computerization / E-Enforcement Enhancement Easier Cheaper Faster Smarter Regulations Increase Competitiveness & Investor’s Confidence

FORWARD LOOKING … Laws, regulations, and procedures concerning enforcement of court judgment achieve the international standards; Provide professional, effective and efficient services Closer and concrete cooperation and wide network among UIHJ Member States and other countries, including ASEAN at bilateral and multilateral levels; and Long term cordial friendship.

Khob Khun ka Thank you Merci