Model Law on Administrative Contract

Abstract

          The Act on Establishment of Administrative Court and Administrative Court Procedure B.E. 2542 (1999), Section 9, paragraph one (4), provides that the Administrative Court has the competence to try and adjudicate or issue orders in a case involving a dispute concerning administrative contracts. Therefore, the principal issue is to consider what type of administrative contract it is. Section 3 of the said Act determines the definition relating to administrative contracts by providing four types of administrative contracts, which are considered to be the nature of contract content: (1) concession contract; (2) contract providing public service; (3) contract for the construction of public works; and (4) contract for the exploitation of natural resources, in order to allow the Administrative Court to develop the criteria regarding administrative contract, which is not limited by these four characteristics of the administrative contract. The enactment of law in this manner is deemed to be a similar juristic method as the concept of administrative contract according to French law, which has evolved through the judgment of the Supreme Administrative Court. Nonetheless, the administrative contract of Thailand has numerous issues due to the lack of certain legal provisions regarding the administrative contract under Thai law which fail to specify the rights and duties of state official, as well as the contents, the conditions and characteristics of the administrative contract, leading to confusion and often resulting in disputes regarding administrative contracts since Thai legal system adheres to civil law. Therefore, in order to address the said problem, there should be the legislation of law regarding administrative contracts, to provide legal protection and maintain the interests of the state and public effectively.