LEGAL ENFORCEMENTDEVELOPMENT IN THAILAND

4 June 2015Ms. 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

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’spersonnel 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, sinceJanuary 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

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 26 360 32.2 32 69.95

Kazakhstan 30 370 22.0 36 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

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 29 69.39

Vietnam 47 400 29.0 36 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 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 AECFour 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

Aiming Towards …

•Legal Reform

•Policy• Facilitation

Enforcement Service• Computerization /

E-Enforcement Enhancement

Increase Competitiveness & Increase Competitiveness & Investor’s ConfidenceConfidence

SmarterRegulations

Cheaper

Easier

Faster

WORLD BANK INDEX

FORWARD LOOKING 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 kaKhob Khun kaThank youThank you Merci