An end to 'unofficial fees' charged by Thai officials?

[webfact]

An end to 'unofficial fees' charged by Thai officials?
The Phuket News


Photo K Millard

PHUKET: -- A new law, due to come into force in July, could mean an end to demands by officials for "unofficial fees" to issue permits, licenses or registration documents.

Here, Tippaya Moonmanee of law firm Duensing Kippen analyses the new law and how it works.

Historically, obtaining a license, registration, permit or any other form of government permission has often been frustrating and costly in Thailand.

Inefficiencies and the all-too-common "tea money" or "unofficial fees" charged by government officers to perform their administrative duties, stem from the broad discretion government offices have up to now generally been given to determine what an applicant must do or provide in order to obtain a license, registration, or permission.

Recently, however, the Thai government enacted a law that may significantly reduce, or even eliminate, such waste and untoward practices.

The Licensing Facilitation Act (2015) was formally published on January 22 this year and will take effect a couple of months from now, on July 21.

With a few notable exceptions (they include court procedures and licensing related to strategic military operations), the Act applies to all licenses, registrations, and permissions that Thai law requires or allows individuals to obtain.

It also applies to the government offices charged with issuing these documents.

Furthermore, the Act requires that all government offices involved must produce, and make available to the public, a manualthat details the procedure, timing, and specific requirements in order to obtain the licenses, registrations, or permissions that they administer.

This includes lists of all necessary documents that must be provided.

Significantly, once a manual is in place, Thai government offices covered by the Act will no longer have discretion to deviate from the requirements therein.

If, but only if, an application does not meet the requirements in the manual, an office may refuse an application.

However, in such a case the government office must make its refusal in writing to the applicant within the time required by the Manual.

This written notice must also explain why the office is refusing the application and detail how the applicant should revise the application to make it acceptable.

If an office is unable to make an initial determination on an application within the time required by the manual, that office must explain, within the following seven days and in writing to the applicant, why it was not possible to meet the deadline.

It must also send a copy of the explanation to an administrative oversight committee.

The written notice to the applicant must be repeated every seven days until the office provides its written decision on the application.

In the event any such office fails to comply with the Act's requirements "it shall be deemed that it commits or omits the commission of an act which causes damage to other persons; provided that such commission or omission was not caused by force majeure.”

This administrative law may not appear significant to some. And only time will tell how it will be implemented in practice. However, it is a welcome addition to Thailand's legal landscape.

We believe that, properly implemented, the Act has the potential to greatly improve administrative conduct and services in Thailand.

Source: http://www.thephuketnews.com/an-end-to-unofficial-fees-charged-by-thai-officials-52503.php


-- Phuket News 2015-05-28

[doggie1955]

lol, my step-son just paid 3,000 baht (tea money) to get his drivers licence, just north outside of Phichit.

When I found out that his Mom gave him the money, I was mad a hell. And she said this is the Thai way!

[Seastallion]

Mainly sounds good.

I don't like the bit about perpetual repeated 7 days notices. That just gives an official time to frustrate the applicant indefinitely and then negotiate an out-of-office settlement.

The Act would be improved with explicit and serious consequences for non-compliance of the Act.

[clockman]

Laws do not mean anything, if you cannot enforce them. So just another paperwork exercise!

[Tywais]

Wonder if Chiang Mai immigration will take note as they charge 500 Baht for a residency certificate unless you are willing to wait a month for it?

[trogers]

lol, my step-son just paid 3,000 baht (tea money) to get his drivers licence, just north outside of Phichit.

When I found out that his Mom gave him the money, I was mad a hell. And she said this is the Thai way!

Tell her this Thai way is the cause of road fatality due to licenses bought by unqualified drivers.

Don't blame karma should anything happens to her son. It's the Thai way...

[Anthony5]

So to stop something they know is going on, and is called unofficial, they have to create a new law?

Amazing Thailand.

[trogers]

So to stop something they know is going on, and is called unofficial, they have to create a new law?

Amazing Thailand.

Contrast this action with what Thaksin said about tea money being an accepted way...way back when he was PM.

How can corruption not be a widespread cancer with such a PM?

[Anthony5]

We believe that, properly implemented, the Act has the potential to greatly improve administrative conduct and services in Thailand.

So actually they're even not sure if the law will have any effect, because in the past they always issued new laws and the bottom line of the law read as, but it's up to you.

[Anthony5]

So to stop something they know is going on, and is called unofficial, they have to create a new law?

Amazing Thailand.

Contrast this action with what Thaksin said about tea money being an accepted way...way back when he was PM.

How can corruption not be a widespread cancer with such a PM?

I would love to see a link to an article which shows that Thaksin ever said that.You have any?

What I know is that Thaksin was as corrupt as could be, but he was very busy to weed out the corruption in the ministeries.

[SABloke]

lol, my step-son just paid 3,000 baht (tea money) to get his drivers licence, just north outside of Phichit.

When I found out that his Mom gave him the money, I was mad a hell. And she said this is the Thai way!

Not really the same situation. The article is talking about when officials create new requirements on the spot or ask for money to do there jobs e.g. Friend divides up his land, all assessments, approvals and documents etc already approved by local land office. On the day of collecton of his new deeds the head honcho (Only person who can validate the deeds) asks for 14 000 Baht per deed (Total 140 000 Baht) or no signature. His reason: ''Your land is worth 100 million. You can afford it.''

The story with your son sounds more like he was buying his license since none of my family or friends that has passed the test has ever had to pay to collect the card.

[craigt3365]

lol, my step-son just paid 3,000 baht (tea money) to get his drivers licence, just north outside of Phichit.

When I found out that his Mom gave him the money, I was mad a hell. And she said this is the Thai way!

They stopped this practice quite some time ago here in Pattaya. I failed one part of my scooter driving test. I was on a rented scooter, the helmet didn't fit, and I was first one off. Fell off the elevated plank about 1/2 meter before the end. Wifey tried to offer a bribe for a pass. No way. Luckily, he gave in admitting it was just a small mistake and seeing how well I did with the rest of the test, let me pass. But NO tea money was allowed. Fine with me.

[JOC]

lol, my step-son just paid 3,000 baht (tea money) to get his drivers licence, just north outside of Phichit.

When I found out that his Mom gave him the money, I was mad a hell. And she said this is the Thai way!

They stopped this practice quite some time ago here in Pattaya. I failed one part of my scooter driving test. I was on a rented scooter, the helmet didn't fit, and I was first one off. Fell off the elevated plank about 1/2 meter before the end. Wifey tried to offer a bribe for a pass. No way. Luckily, he gave in admitting it was just a small mistake and seeing how well I did with the rest of the test, let me pass. But NO tea money was allowed. Fine with me.

So your wife is part of the problem!!....................

[DLang]

So how will the officials get back at this new ruling?

One officer manning the desks with a kilometer long queue while the other 7 relax out the back?

Thainess.

[Chang_paarp]

So to stop something they know is going on, and is called unofficial, they have to create a new law?

Amazing Thailand.

Contrast this action with what Thaksin said about tea money being an accepted way...way back when he was PM.

How can corruption not be a widespread cancer with such a PM?

I would love to see a link to an article which shows that Thaksin ever said that.You have any?

What I know is that Thaksin was as corrupt as could be, but he was very busy to weed out the corruption in the ministeries.

It is in the TV archive some place, was a very popular thread at the time. He said something to the effect that a small bribe to get out of a traffic fine was OK as it was part of Thai culture Just do a search for Thaksin and corruption.

[halloween]

We believe that, properly implemented, the Act has the potential to greatly improve administrative conduct and services in Thailand.

So actually they're even not sure if the law will have any effect, because in the past they always issued new laws and the bottom line of the law read as, but it's up to you.

"We" referred to the newspaper. At least somebody is trying to sort a serious problem, much more than has been done in the past. But they're not elected, so it can't possible be good, can it?

[anterian]

"This written notice must also explain why the office is refusing the application and detail how the applicant should revise the application to make it acceptable."

So will an English language version be available?

[Anthony5]

We believe that, properly implemented, the Act has the potential to greatly improve administrative conduct and services in Thailand.

So actually they're even not sure if the law will have any effect, because in the past they always issued new laws and the bottom line of the law read as, but it's up to you.

"We" referred to the newspaper. At least somebody is trying to sort a serious problem, much more than has been done in the past. But they're not elected, so it can't possible be good, can it?

Maybe you could post a list issues that your heroes already have resolved, keep in mind promises to resolve don't count.

Answers on a postcard post stamp please

Edited May 28, 2015 by Anthony5

[JOC]

I deal a lot with (low-ranking) Thai officials, and in the months after the coup there was no way I was allowed to jump the queue, "Sorry Sir, the new government................"

Today it is business as usual.

Which proves if the government are serious about fighting the "extra fees" , they have to start prosecuting the offenders to scare their colleagues.

But as we all know, enforcement is not part of the Thai vocabulary....................

[halloween]

We believe that, properly implemented, the Act has the potential to greatly improve administrative conduct and services in Thailand.

So actually they're even not sure if the law will have any effect, because in the past they always issued new laws and the bottom line of the law read as, but it's up to you.

"We" referred to the newspaper. At least somebody is trying to sort a serious problem, much more than has been done in the past. But they're not elected, so it can't possible be good, can it?

Maybe you could post a list issues that your heroes already have resolved, keep in mind promises to resolve don't count.

Answers on a postcard post stamp please

As you gave me such a limit to my reply, RICE SCAM.

Can I squeeze in G2G?

[DLang]

They will be free.

Unless you want them within 6 months, then you can pay an optional express fee and receive them in 5 minutes.

[thesetat2013]

lol, my step-son just paid 3,000 baht (tea money) to get his drivers licence, just north outside of Phichit.

When I found out that his Mom gave him the money, I was mad a hell. And she said this is the Thai way!

Was it your money? Maybe she pocketed it instead. I can't see why he would have to pay tea money for a drivers license unless he is a failure and shouldn't have a license to begin with.

[thesetat2013]

This end to unofficial fee law sounds great on paper but what good does it do when the enforcers of the law are still taking bribe money not to enforce the laws? It may work in the big cities but rural Thailand is slow to change and nobody wants to lose that additional source of income.

[dragonfly94]

lol, my step-son just paid 3,000 baht (tea money) to get his drivers licence, just north outside of Phichit.

When I found out that his Mom gave him the money, I was mad a hell. And she said this is the Thai way!

why did he have to pay? if you can't do 3 simple maneuvers you must have a death wish, that's twice the going rate in Bkk

[maidee]

ahahaha

they better put up signs : corruption is illegal & put camera's in every office above the officials head

but i am sure they will find a way, with some button, to make the camera not work when YOU are there

[easybullet3]

and how about the AGENCY MONEY (for immigration) that all Students have to pay here when studying Thai ?

this agency money is shared between the agency and immigration.

how about immigration giving students the 90 days visa update that we are legally supposed to get 'by law'.. ? !!

- but now we have to pay an extra 2000 baht (on top of the regular 1,800 baht),, just to get our 3 month extension!

really this is so corrupt and unfair on students here.

[thhMan]

lol, my step-son just paid 3,000 baht (tea money) to get his drivers licence, just north outside of Phichit.

When I found out that his Mom gave him the money, I was mad a hell. And she said this is the Thai way!

Was it your money? Maybe she pocketed it instead. I can't see why he would have to pay tea money for a drivers license unless he is a failure and shouldn't have a license to begin with.

Arent most Thais a failure... ?

[CNXTim]

LoL x many

[Reigntax]

So to stop something they know is going on, and is called unofficial, they have to create a new law?

Amazing Thailand.

Contrast this action with what Thaksin said about tea money being an accepted way...way back when he was PM.

How can corruption not be a widespread cancer with such a PM?

It wasn't only Thaksin. If I remember correctly a spokesperson for the Junta stated that tea money is accepted as the Thai way. And continued by stating that it is only unacceptable when too much tea money is requested.

You are correct on one issue. How can it be removed from society when it is an acceptable practice from the top to the bottom

[TheAppletons]

So to stop something they know is going on, and is called unofficial, they have to create a new law?

Amazing Thailand.

Contrast this action with what Thaksin said about tea money being an accepted way...way back when he was PM.

How can corruption not be a widespread cancer with such a PM?

I would love to see a link to an article which shows that Thaksin ever said that.You have any?

What I know is that Thaksin was as corrupt as could be, but he was very busy to weed out the corruption in the ministeries.

Don't hold your breath waiting for that article. As you know, that particular poster is one of several who creates "facts" out of thin air to support his own decidedly odd political agenda.

Edited May 28, 2015 by TheAppletons