Supannee Pairuchvet Office of the Public Sector Development Commission Thailand ASEAN Regulatory Reform Workshop, Hanoi 25 – 26 November 2010 1
The Public Sector Reform Good Governance The State Administration Act Efficiency Value for Money (No. 5), B.E. 2545 (2002 Effectiveness A.D.), Section 3/1 Quality Accountability Royal Decree on Criteria Participatory Transparency and Procedures for Good Responsiveness Governance, Decentralization B.E. (2546) (2003 A.D. ) Rule of Law Equity 2
The State Administration Act (No. 5) of 2002 A.D. Section 3/1 The Constitution of the Kingdom of Thailand B.E. 2540, Section 75, specifies that the public sector is required to effectively organize public services and other related functions in order to respond to the needs of the people. The State Administration Act (No. 5) B.E 2545, Section 3/1, emphasizes that public administration must address the following; Benefits that accrue to the Thai people Result-oriented administration Effective administration Worthiness of government functions De-layering of work processes Abolishment of unnecessary agencies and functions 3
The State Administration Act (No. 5) of 2002 A.D. Section 3/1 Decentralization of missions and resources to local administrative units Empowerment in decision-making Facilitation of and responsiveness to the needs of the people; and Accountability for endorsements. Public agencies are expected to function under the principles of good governance; in particular, focusing on accountability for endorsements, promoting public participation, disclosing information, as well as monitoring and evaluating performance. The specific focus of different agencies will vary according the functional nature of each agency. 4
The Royal Decree on Criteria and Procedures for Good Governance of 2003 A.D. Section 13 T he Cabinet shall make the State Administration Plan to be employed during its term of office. A fter policy of the Cabinet has been stated to the Parliament, the Secretariat of the Cabinet together with the Office of the Prime Minister, the Office of the National Economic and Social Development Board, and the Budget Bureau shall prepare and propose the State Administration Plan to the Cabinet for consideration within ninety days as from the date the policy of the Cabinet has been stated to the Parliament. I f the Cabinet approves State Administration Plan under paragraph one, the Cabinet, Minister, and government agency are bound to finish the mission determined therein. 5
The Royal Decree on Criteria and Procedures for Good Governance of 2003 A.D. Section 15 O nce the State Administrative Plan becomes effective, the Office of the Council of State and the Secretariat of the Cabinet are to jointly develop the Legislative Plan that is consistent with the State Administration Plan. The Legislative Plan must include details on what new laws are required and what existing laws need to be amended, as well as identifying responsible agencies and time required. T he Legislative Plan is submitted for cabinet approval, after which it becomes binding to all relevant agencies who must proceed in accordance with the Plan. 6
The Royal Decree on Criteria and Procedures for Good Governance of 2003 A.D. Section 35 I n order for modernizing law, rules, regulations, ordinance and notification to be in line with the world situation or national economic, social and security, the government agency, after having considered public convenience and burden, shall have the duty to explore, examine, and review law, rules, regulations, ordinance and notification under its responsibility and to propose repealing or revising the existing law, rules, regulations, ordinance or notification or to propose having new ones. I n exercising the duty under paragraph one, the government agency shall take the result of public consultation into consideration. 7
The Royal Decree on Criteria and Procedures for Good Governance of 2003 A.D. Section 36 I f the Office of the Council of State is of opinion whether any law, rules, regulations, ordinance or notification under responsibility of any government agency does not comply with, or suitable to, present situation, does not facilitate national development, impedes the carrying out of business or living conditions of people, or establish excess burden or troublesomeness to people, the Office of the Council of State shall recommend the government agency to amend, revise or repeal such law, rules, regulations, ordinance or notification without delay. I f the government agency does not agree with the recommendation of the Office of the Council of State, it shall propose this matter to the Cabinet for consideration. 8
The Royal Decree on Good Governance of 2003 A.D. Section 42 (1) F or effective and quick administration, the government agency having the power to enact rules, regulations, ordinance or notification to be enforced with other government agencies shall have the duty to review whether such rules, regulations, ordinance or notification is the cause of obstacle, overlap or delay in an administration of other government agency and it shall, if any, revise such rules, regulations, ordinance or notification without delay. 9
The Royal Decree on Good Governance of 2003 A.D. Section 42 (2) I f there is a complaint or comment from an official or other government agency related to any rules, regulations, ordinance or notification, the related government agency shall review that rules, regulations, ordinance or notification without delay. If it is of opinion whether such complaint or comment base upon misunderstanding, the government agency enacting that rules, regulations, ordinance or notification shall clarify a person who make a complaint or comment within fifteen days. 10
The Royal Decree on Good Governance of 2003 A.D. Section 42 (3) A complaint or comment under paragraph two may be sent to the government agency via PDC. (4) I n the case where PDC is of opinion that any rules, regulations, ordinance or notification having a characteristic under paragraph one, it shall inform related government agency so as to amend or repeal such rule, regulation, ordinance or notification without delay. 11
Key Performance Indicators • T he Royal Decree on Criteria and Procedures for Good Governance B.E. 2546 (A.D. 2003 ) stipulates the performance of every agency must be evaluated. Evaluation is done by independent evaluators, and a “Performance Agreement” is to be signed. • T he Balanced Scorecard scheme began implementation in 2004. Legal and regulatory reforms became KPI’s and constituted part of the Performance Agreement from 2004 to today. • A nnual KPI’s include: – % of success in amending or revoking laws or regulations. (2004) – Level of success in formulating legal development plan by agencies. (2005) – Weighted average level of success in implementing the legal development plan by agencies. (2005) – … – Level of success in implementing the legal development plan by agencies. (2010) 12
KPI scoring in Legal Development work (2009) Process of Developing Individual Legislation Score for Each Process Evidence that must be submitted % Success Score Step 1 60 1 Report containing the examination or analysis of the legislation, or other evidence Examination, study, and analysis of individual that shows analysis of individual legislation. legislation are completed. Step 2 70 2 Draft legislation that has been approved by the head of an agency or equivalent. Completion of draft legislation Step 3 80 3 Report outlining the existence of a focus group or other public hearing activities that Focus group comprising of stakeholders and include the right target groups and has a affected citizens/groups of draft legislation has format suitable of the draft legislation being been conducted. discussed. Step 4 90 4 Report or other evidence showing that the draft legislation has been scrutinized by the Draft legislation receives the approval of the Agency Legal Development Committee, if Agency Legal Development Committee, if one one exists, and the minister. exists, and the minister. Step 5 100 5 1. Cover letter of the draft legislation is signed by the authorized Minister by 30 1. If the draft legislation must be submitted to September 2009 (in case that it must be the cabinet, then it must be submitted to The submitted to the cabinet). Secretariat of the Cabinet by 30 September 2009. 2. A letter notifying the Secretariat of the Cabinet that the draft legislation has been 2. If the draft legislation does not need to be promulgated by 30 September (in case that it submitted to the cabinet, then it must be need not pass through cabinet deliberation). promulgated no later than 30 September 2009. 13
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