Legal Execution Department Ministry of Justice, Thailand. Country Report

Transcription

1 Legal Execution Department Ministry of Justice, Thailand Country Report for the Meeting of Director-General of Civil Case Enforcement Agencies, 28 th July 2015, Bangkok, Thailand Introduction Structure: The Legal Execution Department (LED) has founded under Royal Thai Government, Ministry of Justice, Thailand, since 28 th November In the structure of the Ministry of Justice, the LED is in the Justice Administration Cluster under the Office of the Permanent Secretary. There are 115 LED offices located across Thailand, comprising approximately 3,000 staff. Thailand Arbitration Center National Commission for Justice Administration Development The Thai Bar Under the Royal Patronage Minister of Justice Thailand Institute of Justice (TIJ) Office to the Minister Permanent Secretary Anti-Money Laundering Office Office of Narcotics Control Board Office of the Public Sector Anti-Corruption Commission Office of the Permanent Secretary Office of Justice Affairs Justice Administration Cluster Justice Promotion Cluster Rehabilitation Cluster Rights and Liberties Protection Department Legal Execution Department Department of Special Investigation Central Institute of Forensic Science Department of Probation Department of Juvenile Observation and Protection Department of Corrections Figure 1: Structure of Ministry of Justice 1

2 Figure 2: Structure of the Legal Execution Department Missions: - To provide services in civil judgment enforcement, bankruptcy and business reorganization case administration, liquidation, and deposit of property, - To provide legal information regarding civil judgment enforcement and deposit of property to the public, - To provide post-judicial mediation services, - To standardize and improve the practices nationwide, - To modernize laws and regulations to cope with the social and economic development, - To develop effective process and administration to increase efficiency, and - To equip the officers with knowledge and ability at professional level. Shared Values: Service Mind, Knowledge and Innovation, Good Governance, and Professionalism. 2

3 With the key principles bearing in mind in performing the tasks; fair, fast, equitable, and transparent, the LED is one of the engines to the economic growth of Thailand, which strengthens the competitiveness of the country, resolves commercial disputes by implementing the mediation, and cooperates with foreign countries and international agencies for better performance. Laws and Regulations: The LED enforcement officers are empowered to enforce civil judgments according to the Civil Procedure Code, Ministerial Rules on Enforcement Procedures Performed by Enforcement Officers B.E (1979), Ministerial Regulations on Criteria, Measures, and Conditions in Public Auction B.E (2011), and internal orders. The method of enforcing civil judgments is stated in the writ of execution issued by the competent court. According to the writ of execution, the enforcement officer can seize the judgment debtor s movable and immovable properties, tangible or intangible, attach bank accounts, demolish judgment debtor s immovable properties, or evict the judgment debtors and dependents from premise in dispute. The enforcement officers are also empowered to sell the seized properties through the public auction. Statistics: In fiscal year 2015 (1 st October st July 2015), properties in disputes can be pushed back to the economy, totalling billion Baht (2.05 billion USD). Figure 3: Statistics of Property Disposition (as of 1 st July 2015) 3

4 Recent Developments 1. Law Amendment 1.1 Amendment of Civil Procedure Code, Section 309 quarter (under the deliberation of the National Legislative Assembly on 17 th July 2015) The amendment aims to attract more potential bidders in condominium units, which is a gradually popular real estate sector in the real estate market. According to the amendment, winning bidder will not be liable to the maintenance fees and fines owed by the former owner of the condominium unit. 1.2 Amendment of Civil Procedure Code, Chapter IV, Part II (Judgment Enforcement) (under deliberation of the Council of State) The amendment will minimize steps and modernize enforcement procedures, resulting in decreased duration of time in enforcing court judgments. 1.3 Amendment of Ministerial Regulations on Criteria, Measures, and Conditions in Public Auction (No... ) B.E.. The amendment will remove obstacles in public auction and unnecessary procedures, resulting in increased effectiveness of the public auction. 1.4 LEDs Order on Required Documents and the Advancing of Fees in Civil Judgment Enforcement The draft order will set out the required documents and the appropriate amount of fees need to be advanced by the judgment creditor in order to standardize the practice and resolve delays in enforcement procedures, resulting in more effective enforcement. 2. Policy Aspects Further to the law amendments, the LED implements various policies to maximize the effectiveness of the work performance. 2.1 Facilitation of Enforcement Service One-Stop-Service Office to provide faster service to the public. Public auction on the weekends to enhance the capability to reach the property disposition target. Post-judicial mediation - focusing on household debts, SME debts, and student loans. Alternative dispute resolutions are gradually gaining popularity in many countries, including Thailand. The number of cases in post-judicial mediation service in the LED in the fiscal year 2015 is larger than the number in the previous year. There were 3,339 cases that parties could reach the satisfactory settlements in the fiscal year 2014 while there have been so far 6,178 cases in the fiscal year 2015, in which the LED mediators help the parties successfully reach the settlements. 4

5 In this fiscal year, 6,940 cases with the total value of 2,912,972, Baht could be settled (85% of all cases in post-judicial mediation process). Only 1,225 cases with the total value of 884,892, Baht (15% of all cases in post-judicial mediation process) have to proceed outside the post-judicial mediation track. Figure 4: Statistics of Post-judicial Mediation (as of 30 th June 2015) 2.2 Computerized System Enhancement Mobile Application LED Property Launched in 1 st January 2015, this mobile application provides information of properties in the public auction throughout Thailand. It is aimed to explore potential bidders more widely. With the larger number of potential bidders in the public auction, it is hoped that the bidding price will reflex the value of properties more accurately, and consequently the public auction will gain the public trust in the transparency and the enforcement power of the public auctions. Figure 5: Statistics of Property Disposition in FY 2014 and FY 2015 (as of 30 th June 2015) 5

6 e-enforcement System With the commitment to reduce steps and time taken in the operational processes, the LED has applied the electronics systems to four areas; e-civil Case Management, e-payment, e-broadcast, and e-service of Document, and continuously improves the systems for better performances. Currently, the LED has initiated the development of the e-filing and e-public Auction systems for faster, more convenient, and more transparent public service. 3. Capacity Building and Training of Judicial Officers According to the LED s mission to equip the officers with knowledge and ability at professional level, the LED has regularly provided the officers training programs in every step of their career path. The training programs are tailored to suit specific positions; practitioner, professional, and managerial positions, to ensure that the LED officers will operate their functions suitable for the positions. Every year, annual workshops on operational issues in the civil judgment enforcement and bankruptcy cases are held as the forum for executives, experts, and operational officers can meet and exchange their views and opinions, leading to the resolutions to problems and new ideas in improving the work performance. In addition, many skills development programs in various fields are held during the year. The most frequent programs are for leadership, personality development, team-building, service excellence, ethics training, and anti-corruption programs to reiterate the commitment of the LED in providing excellent public service. 4. International Cooperation The LED has cooperated with foreign and international organizations in related areas. The LED has cordially worked with the World Bank, APEC, UIHJ, and implemented necessary steps for the realization of ASEAN. 4.1 World Bank Ease of Doing Business (Enforcing Contracts) Regarding the World Bank s Report on Ease of Doing Business, the LED is in charge of better ranking in the Enforcing Contracts Indicator. Accordingly, the LED has worked for faster, easier, cheaper, and smart regulations to facilitate the favorable environment for investors. 4.2 Asia-Pacific Economic Cooperation (APEC) The LED has also participated in activities of the APEC. Under the APEC Ease of Doing Business Multi-year Project, executives from the LED attended the 5th International Conference on Enforcing Contracts and Protecting Minority Investors (Thailand and Sri Lanka) in Seoul, the Republic of Korea, and joined several related conferences and seminars. 6

7 4.3 International Union of Judicial Officers (Union Internationale des Hussiers de Justice - UIHJ) The LED has been an academic member of the UIHJ, the international organization of judicial officer professions having approximately 85 member countries around the world. Representatives of the LED has attended the annual conference and had chances to exchange and learn perspectives, views, and knowledge from UIHJ member countries. Thailand was unanimously voted to be the co-host of the 23rd International Congress with the UIHJ in 2018 in Bangkok. 4.4 ASEAN Economic Community (AEC) According to the four key characteristics of AEC, i.e., single market and production base, competitive economic region, equitable economic development, and integration into the Global economy, there will be increased free flow of population, investments, goods and services, and capital amongst ASEAN member states. Accordingly, both public and private sectors in ASEAN member states need to prepare and adjust themselves to effects resulting from this realization of AEC. The LED has carried out necessary tasks for potential challenges from this change. Now, the LED is planning in seeking the mutual cooperation in the region to harmonize laws and regulations in enforcement of civil judgments. On 20 th 21 st March 2014, the LED and the UIHJ organized the Conference on Exchanging of Best Practices on Legal Execution between UIHJ and ASEAN Member States in Bangkok, Thailand, to exchange information on laws and regulations, experiences and best practices regarding enforcement or court judgment in civil cases, to promote a wider professional network of judicial officers and to develop cordial relationship and explore possible cooperation among relevant agencies from UIHJ and ASEAN Member States. The result of the conference has paved the way for exploring the best practices in enforcing civil judgments and improving the domestic practices, and lead to the international conference in this year in order to strengthen the bond as one of the driving mechanism in these four key characteristics under AEC. The topic of the international conference this year is The International Conference on Enforcement of Civil Case Judgment in the Context of Dynamic Regional Economic Integration held during 26 th 29 th July 2015, in Bangkok, Thailand. Not only the LED hopes to strengthen the existing relationship among the ASEAN member countries and related organizations, but the LED also hopes to further the form of cooperation to Dialogue Partners of the ASEAN; Japan, the Republic of Korea, and the People s Republic of China for the well-rounded effective practices in the economic integration. 7

8 Forward Looking It is hoped that with the abovementioned developments, laws, regulations, and procedures regarding enforcement of civil judgment achieve the international standards, the LED provides professional, effective, and efficient services, maintains closer and concrete cooperation and wide network among other countries at bilateral and multilateral levels, and has long term cordial friendship with all relating authorities and stakeholders. The LED would like to see the endless cordial exchange of knowledge and information in this legal area among attending countries, and therefore invite all countries to attend the 2018 International Congress of the International Union of Judicial Officers in Bangkok, Thailand. The LED also hopes that all forms of this cooperation will be more concrete in the ASEAN cooperation level. 8