Translation
RULE
OF THE OFFICE OF THE PRIME MINISTER
ON
SPECIAL
ECONOMIC DEVELOPMENT AREA,
B.E.
2556 (2013)
Whereas one amongst many
significant policies of the government is to establish the special economic
development area with a view to enhance national trade and investment through
ASEAN linkage under ASEAN connectivity and other economic frameworks as well as
border trade with neighboring countries; additionally another important policy of
the government is to strengthen capability, efficiency and transparency of
local administration in rendering public services in response to the needs of
the public and communities, it is therefore necessary to set up the mechanism
to push and support high potential local administration to become special
economic development area with well-equipped public utilities and fundamental
public services that having suitable and necessary environment for economic
expansions timely and efficiently based upon the philosophy of sufficient
economy, the principle of sustainable development and the principle of public
participation and local administration in economic and social development,
including the mechanism that enable the central and provincial administrations
to underpin the special economic development area through delegation of their
powers to the provincial or local official, as the case may be, in order to empowering
them to make an order, to grant permission, to make approval, to perform
official duties or to do any other necessary activities as required under the
laws, rules, regulations, notifications, orders or the resolutions of the
Council of Ministers in relation to free trade under ASEAN and other economic
frameworks as well as border trade with neighboring countries at a single
service center established within that special economic development area along
the line with ASEAN Single Window framework;
By virtue of section 11
(8) of the State Administration Act, B.E. 2534 (1991), the Prime Minister, with
the approval of the Council of Ministers, lay down the rule, as follows:
Clause
1. This Rule is called the “Rule
of the Office of the Prime Minister on Special Economic Development Area, B.E.
2556 (2013).”
Clause
2. This Rule shall come into
force as from the day following the date of its publication in the Government
Gazette.[1]
Clause
3. In this Rule:
“Special
economic development area” means the area demarcated and notified by the Policy
Committee to be special economic development area in which the government is
going to provide support on development of infrastructure, one stop service system
upon ASEAN Single Window basis and other activities necessarily for stimulation
of economic expansion of that area;
“One
stop service” means the official services, viz. order,
permission, approval, official duty or any other necessary activity as required
under the laws, rules, regulations, notifications, orders or the resolutions of
the Council of Ministers in relation to free trade under ASEAN and other
economic frameworks as well as border trade with neighboring countries, that
are provided at a single service point
within each special economic development area by the provincial or local
official whose powers in so doing are delegated by the central
or provincial administration;
“Border trade” includes the
cross border investment, the provision of services across the border as well as
the working of alien along the border and adjacent areas;
“Neighboring countries”
means any country sharing borderline with the Kingdom of Thailand;
“Master plan” means the
master plan for establishment and operation of each special economic
development area;
“Work plan or project”
means the work plan or project which is necessary for the development and
establishment of infrastructure and one stop service system proposed by the
agency with a view to establish and operate each special economic development
area in accordance with the master plan;
“Action plan” means the
action plan for establishment and operation of each special economic
development area;
“Area development” means
the development and usage of immovable property of both State and private
sectors, including the provision of any activity within the special economic
development area in accordance with the draft rules and procedure for supporting
the establishment and operation of special economic development area determined
by the Policy Committee with the approval of the Council of Ministers;
“Agency” means the
central administration, provincial administration, local administration, State
enterprise and other State agencies;
“Policy Committee” means
the Policy Committee on Special Economic Development Area;
“Office” means the
Office of the Policy Committee on Special Economic Development Area.
Clause 4. If it is unable to comply with this Rule
upon any reasonable and necessity ground, the Prime Minister shall have the
power to waive the enforcement of this Rule as he thinks fit and shall have the
power to do any reasonable act so as to facilitate free trade under ASEAN and
other economic frameworks as well as border trade with neighboring countries to
be in accordance with the government policy.
Clause 5. The Prime Minister shall have charge and
control of the execution of this Rule.
CHAPTER
I
Policy
Committee
Clause 6. There shall establish the Committee
called the “Policy Committee on Special Economic Development Area” comprising:
(1) the Prime Minister as Chairperson;
(2) two Deputies Prime Minister entrusted by the
Prime Minister as Vice-Chairpersons;
(3) the Minister attached to the Office of the
Prime Minister entrusted by the Prime Minister, the Minister of Finance, the
Minister of Foreign Affairs, the Minister of Agriculture and Cooperatives, the
Minister of Commerce, the Minister of Interior, the Minister of Labor and the
Minister of Industry as members;
(4) the Permanent Secretary of the Ministry of
Finance, the Permanent Secretary of the Ministry of Foreign Affairs, the
Secretary-General of the Council of State, the Secretary-General of the Board
of Investment, the Secretary of the Prime Minister, the Secretary-General of
the National Security Council, the Director of the Bureau of the Budget and the
Commander-in-chief of the Royal Thai Police as members;
(5) the Chairperson of the Thai Chamber of
Commerce, the Chairperson of the Thai Trade Representatives, the Chairperson of
the Industrial Council of Thailand and the Chairperson of the Thai Banks
Association as members;
(6) not more than three qualified members appointed
by the Prime Minister as members.
The
Secretary-General of the National Economic and Social Development Board shall
be member and secretary and the Director of the Office shall be an assistant secretary.
The term of, and
vacation from, office of the members under (6) shall be determined by the Prime
Minister.
Clause 7. The Policy Committee shall have the
powers and duties as follows:
(1) to determine and submit the draft rules and
procedure for supporting the establishment and operation of special economic
development area as well as the draft master plan, work plan, project and
action plan to the Council of Ministers for approval;
(2) to give advice to the draft master plan, work
plan, project or action plan upon request of any agency;
(3) to lay down operation guideline to be complied
by the agency in order to enhance free trade under ASEAN and other economic
frameworks as well as border trade with neighboring countries efficiently and
suitably;
(4) to supervise, monitor and evaluate the result
of the master plan and to give advice or recommendation to solve any problem
emerged from the master plan, work plan, project or action plan and then report
to the Council of Ministers for information;
(5) to appoint sub-committee or working group as
appropriate;
(6) to disseminate knowledge on, and to promote and
support participation of private sector and the public in, an execution of the
master plan, work plan, project and action plan;
(7) to
invite any relevant official, person or agency to give statement or to summon
document from any relevant person or agency for consideration as necessary;
(8) to issue regulations, notification and orders
for the execution of this Rule;
(9) to
recommend the Council of Ministers to propose, review or repeal any law, rule,
regulation or resolution of the Council of Ministers if it is necessary for the
establishment and operation of special economic development area;
(10) to do any act for the compliance with this
Rule or as entrusted by the Council of Ministers or the Prime Minister.
The
Policy Committee shall submit progress report to the Council of Ministers from
time to time.
Clause
8. At a meeting of the Policy
Committee, the presence of not less than one-half of the total number of its
members shall constitute the quorum.
If
the Chairperson is not presence at the meeting or is unable to perform his
duties, the Vice-Chairperson entrusted by the Chairperson shall preside over at
the meeting respectively. If the Chairperson
and Vice-Chairpersons are not presence at the meeting or are unable to perform
their duties, the members shall elect one among themselves to preside over at
the meeting.
A decision shall be made by a majority of votes. In casting votes, each member shall have one vote. In case of equality of votes, the person presiding over the meeting shall have an additional vote as casting vote.
Clause
9. An appointment of any
sub-committee or working group to do work for the Policy Committee in
concerning with the master plan, work plan, project or action plan that relates
to the responsible area of any Changwat[2]
or local administration, the Governor of such Changwat or the
administrator of such local administration shall be appointed as a member of
that sub-committee or working group, as the case may be.
The
provisions of clause 8 shall apply to the meeting of sub-committee and working
group mutatis mutandis.
CHAPTER
II
The
Office
Clause
10. There shall establish the
Office of the Policy Committee on Special Economic Development Area within the Office of the National Economic and
Social Development Board. The Office
shall be responsible for technical and secretarial works of the Policy
Committee and shall have the powers and duties as follows:
(1) to prepare and submit the draft rules and
procedure for supporting the establishment and operation of special economic
development area to the Policy Committee for consideration;
(2) to recommend the Policy Committee on
feasibility and suitability of the draft master plan, work plan, project or
action plan submitted by the agency for determination;
(3) to give advice to any relevant agency in
preparing the draft master plan, work plan, project or action plan;
(4) to promote and support participation of local
administration, private sector and the public in developing the demarcated area
in accordance with the master plan;
(5) to direct, monitor and organize the
administration and execution of the master plan and to support and give advice
to relevant agency for the achievement of the master plan;
(6) to conduct study, analysis or research in relation
to problems and hurdles on the establishment and operation of special economic
development area and to propose the possible solutions thereon to the Policy
Committee;
(7) to ask any relevant agency to transfer
personnel to do work for the Office temporarily and to borrow materials,
equipment and durable articles from any relevant agency for the use of the
Office temporarily if necessary;
(8) to do any act or other activities entrusted by
the Policy Committee or the Chairperson
This rules and procedure for supporting the establishment and operation of special economic development area under (2) shall at least consist of the guideline for supporting the establishment and operation of the special economic development area, standard of infrastructures and one stop service system, time-frame for implementation, control, examination and monitoring procedure as well as evaluation rule.
This rules and procedure for supporting the establishment and operation of special economic development area under (2) shall at least consist of the guideline for supporting the establishment and operation of the special economic development area, standard of infrastructures and one stop service system, time-frame for implementation, control, examination and monitoring procedure as well as evaluation rule.
Clause
11. The Office shall submit
progress report to, and within the period determined by, the Policy Committee
for information.
Clause
12. The official of the Office of
the National Economic and Social Development Board who is entrusted by the
Secretary-General of the National Economic and Social Development Board shall
be the Director of the Office. The
Director shall administer the Office and shall be the superintendent of
personnel of the Office. The Director
shall be responsible directly to the Secretary-General of the National Economic
and Social Development Board.
Clause
13. The expense of the Policy Committee
and its sub-committee or working group and the expense of the Office and the
personnel working for the Office as well as other related and necessary
expenses shall be paid from the budget of the Office of the National Economic
and Social Development Board allocated exclusively for the work of the Policy
Committee.
CHAPTER III
Implementation
Part 1
Preparation of Master Plan, Work Plan, Project
and Action Plan
Clause
14. Any agency desiring to
establish special economic development area shall submit the proposal together
with the draft master plan, as approved by the Ministry it is attached, to the
Policy Committee for determination in accordance with the rules and procedure
for supporting the establishment and operation of special economic development
area.
Prior
to proceed with the requirements under paragraph one, the agency desiring to
establish special economic development area shall provide information to, and
conduct consultation with, local administration, the people within that area
and other relevant agencies.
Clause
15. The draft master plan shall have
detailed information as determined by the Policy Committee. Such information shall at least compose of
the followings:
(1) justification and necessity for the request for
supporting of establishment and operation of special economic development area;
(2) area to be demarcated and notified as special
economic development area;
(3) objectives, targets and expected outcomes of the
establishment and operation of special economic development area;
(4) proposed development and usage of land within
special economic development area which shall be accorded to potential of that
area and land use requirement imposed under the law on urban planning;
(5) preferential rights and benefits to be provided
for dwellers and entrepreneurs within special economic development area;
(6) plan, timeframe and milestones for the
development of such infrastructure as public utilities, transportation,
telecommunication and energy which are necessary for enhancement
of free trade under ASEAN and other economic frameworks as well as border trade
with neighboring countries;
(7) form, procedure, standard and guideline for the
provision of one stop service, including evaluation and disclosure of the
result of evaluation of that service;
(8) environmental, health and social impacts which
may emerge from the establishment and operation of special economic development
area as well as measures and budget for prevention, remedy and mitigation of
such impacts.
The
draft master plan under paragraph one shall be made in accordance with the
philosophy of sufficient economy, the principle of sustainable development and
the principle of participation of the public and local administration in
economic and social development.
Clause
16. In the case where the Policy
Committee is of opinion, during consideration of the draft master plan, as to
whether the participation of any other agency may be beneficial to the
establishment and operation of the proposed special economic development area
in any matter, the Policy Committee shall propose the name of each concerned
agency and the matter that each agency has to be done as well as timeframe for
implementation of that work to the Council of Ministers, altogether with the
draft master plan, for approval.
Clause
17. When the approval of the
Council of Ministers has been given to the master plan, the Policy Committee
shall then notify the demarcated area specified therein as special economic
development area and shall issue operation guideline to be complied with by all
relevant agencies under the master plan.
Clause
18. All relevant agencies under
the master plan shall prepare and submit the work plan, project or action plan
composing of details determined by the Policy Committee to the Policy Committee
for approval.
In
proceedings the requirements under paragraph one, the relevant agency shall
provide information to, and conduct consultation with, local administration and
the people within that area.
Part 2
Project Administration and Control
Clause
19. All work plan, project or
action plan as approved by the Policy Committee shall then be submitted to the
Council of Ministers for approval.
Upon the approval of the Council of Ministers under paragraph one, all responsible agencies shall have the duty to complete the assigned work plan, project or action plan within the time-frame specified therein. Such duty shall also be deemed as a performance indicator of each responsible agency.
Upon the approval of the Council of Ministers under paragraph one, all responsible agencies shall have the duty to complete the assigned work plan, project or action plan within the time-frame specified therein. Such duty shall also be deemed as a performance indicator of each responsible agency.
Clause
20. The responsible agency shall
provide control and monitoring system for the assigned work plan, project or
action plan and shall submit the progress report to the Office for further
submission to the Policy Committee for information. The form and period for submission of the
progress report shall be determined by the Office.
Any
problem or hurdle emerging from an implementation of the work plan, project or
action plan shall be solved by the responsible agency and the Office without
delay. If such problem or hurdle is
unable to solve at this stage, the Office shall report the unsettle problem or
hurdle to Policy Committee for consideration.
Clause
21. If an implementation on any matter
is deviated from, or inconsistent with, the master plan, work plan, project,
action plan or any procedure as prescribed by this Rule, the Policy Committee
shall find the best solution thereon.
If
there are varieties of alternative solutions, the Policy Committee shall submit
the matter to the Council of Ministers for resolution.
Given
on the 11th Day of July B.E. 2556 (2013)
Yingluck
Shinawatra
Prime Minister
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