Openness is an essential concept that every employee need to adhere to, whether in the personal or public sector. Nevertheless, among the positions watched on openness is state authorities who remain in positions that typically have problems on dispute of personal and public interests that are in some cases thought about as major issues.
The Bureau of Dispute of Interest, Workplace of the National Anti-Corruption Commission (NACC) defines that the Organic Act Upon Anti-Corruption, B.E. 2561 (2018) recommended dispute of personal and public interests in Chapter 6, Area 126-129. The arrangement is to avoid the dispute of personal and public interests which arise from public authorities being authorised by state for the approval, approval, concession, and signing agreements, consisting of the authority in guidance, tracking, control, assessment or prosecution and the requirements accepting residential or commercial property or any other advantage of public authorities. In addition, the NACC recommended 5 problems of The Notice of the National Anti-Corruption Commission. Such NACC’s law and the Notice will include the following details:
Area 126 forbids The NACC, individuals holding a position in independent companies and public authorities as recommended by the NACC in addition to the partner of such public authorities (consisting of individuals cohabiting as couple without signing up marital relationship certificate thought about as the partner recommended by law) from carrying out bussiness the following:
( 1) Being a legal celebration or being a stakeholder in an agreement made with a state company, (2) Being a partner or an investor in a collaboration or business which is a legal celebration to a state company, (3) Getting concession or having the concession rights, or being a legal celebration in a monopolistic way, or being a partner or investor in a collaboration or business which runs such company, (4) Being an appropriate stakeholder as a member of the Board, expert, representative, personnel or worker in a personal entity.
On 13 March 2020, the Federal government Gazette provided The Notice of the National Anti-Corruption Commission recommending the positions of public authorities are forbidden from carrying out company in accordance with Area 126. Around 9,900 public authorities are as follows: (1) individuals holding political positions, Prime Minister/Minister/Member of your home of Representatives/Senator, (2) Individuals holding high-ranking positions such as the Irreversible Secretary/Director General of the Department/the head of a federal government company at the level of
Ministry, Sub-Ministry, Department/Supreme Commander/Provincial Governor/Permanent Secretary of the Bangkok Metropolitan Administration/Member of the Board and the President of State Enterprise/Head of Independent companies according to the Constitution, and others. (3) Regional Administrators/Bangkok Governor/Pattaya City Mayor/President of the Provincial Administrative Organisation/Mayor/President of Subdistrict Administrative Organisation consisting of public authorities are authorised to act. The Notice thus recommended the variety of shares in a minimal business or a public minimal business to public authorities in accordance with Area 126 (2) (3 ), not surpassing 5 percent of the overall variety of share.
Area 127 forbids individuals holding positions in independent companies, individuals holding high-ranking positions and individuals holding political positions as recommended by the NACC from carrying out any act under Area 126 (4 ). Restricted services are ending up being an appropriate stakeholder as a member of the Board, expert, representative, personnel, or worker in a personal entity under the guidance, control or assessment of a state company within 2 years as from date of trip from workplace.
On 13 March 2020, the Federal government Gazette provided The Notice of the National Anti-Corruption Commission recommending the positions of public authorities are forbidden from carrying out company in accordance with Area 127 as follows: (1) individuals holding political positions, Prime Minister/Minister/Member of your home of Representatives/Senator, (2) individuals holding high-ranking positions such as the Irreversible Secretary/Director General of the Department/the head of a federal government company at the level of Ministry, Sub-Ministry, Department/Supreme Commander/Provincial Governor/Permanent Secretary of the Bangkok Metropolitan Administration/the President of a State Enterprise/Head of Independent companies according to the Constitution, and others.
Area 128 forbids public authorities of any position and an individual who has actually left workplace of a public authorities for less than 2 years from accepting residential or commercial property or any other advantage which might be determined in financial worth, however there are exceptions, approval which is allowed by law on 13 March 2020. The Federal government Gazette provided The Notice of the National Anti-Corruption Commission relating to accepting residential or commercial property or any other advantage on ethical basis of public authorities. “Any other advantage which might be determined in financial worth” describes anything which has worth such as marked down, home entertainment, service, training or any other thing of comparable quality. “Accepting residential or commercial property or any other advantage on ethical basis” describes accepting residential or commercial property or any other advantage which might be determined in financial worth from anyone on celebration celebration or essential day consisting of accepting residential or commercial property or any other advantage which might be determined in financial worth on congratulations celebration, revealing thankfulness, inviting, providing acknowledgements or social rules. Public authorities can accept residential or commercial property or any other advantage in the following cases:
( 1) Accepting residential or commercial property from anyone besides relative with the cost or worth of residential or commercial property from each individual and on each celebration which does not surpass 3,000 Baht.
( 2) Getting from basic providing without defining recipient, such as a federal government lottery game award or rewards from numerous sweepstakes, or others.
In case of public authorities accepts residential or commercial property or any other advantage which does not adhere to the law and gets out of tremendous requirement in order to keep relationship or great relationship, public authorities should report the details relating to accepting residential or commercial property or any other advantage according to proposed kinds by the NACC to Chief of Departments, the magnate of particular public company or the authority who has the power of consultation and elimination, as the case might be within one month as from the date of accepting residential or commercial property. For the choice that whether there is a factor, requirement, viability and appropriation for the general public authorities to accept such residential or commercial property or any other advantage. In case of there is an order that is not proper to accept residential or commercial property or any other advantage, such return should be carried out right away. In case the residential or commercial property can not be returned, it will be yielded to end up being residential or commercial property of the particular company without hold-up.
After having actually done so, it will be thought about that public authorities has actually never ever gotten such residential or commercial property or any other advantage.
The act which breaches Area 126, will be responsible to jail time for a term not surpassing 3 years or to a fine not surpassing 60,000 Baht or both.
The act which breaches Area 127, will be responsible to jail time for a term not surpassing 6 months or to a fine not surpassing 10,000 Baht or both.
The act which breaches Area 128, will be responsible to jail time for a term not surpassing 3 years or to a fine not surpassing 60,000 Baht or both.
In case of questions or legal conversation relating to endeavor forbade company on dispute of interest, under NACC’s law or accepting residential or commercial property breaches under NACC’s law, Area 126-128, can call us at the Bureau of Dispute of Interest, Workplace of the National Anti-Corruption Commission, or Tel. (66) 2528 4800 ext. 4881, 4232, or 4234.
