ปัญหาในการกำหนดสถานะความเป็น “รัฐวิสาหกิจ” ในกฎหมายไทย

Abstract

The status of state-owned enterprises (SOEs) in Thailand is generally attributed
to enterprises fully owned by the state, or in which the government holds major shares. This research studied whether objectives of establishing SOEs as prescribed by Thai law adhere to the spirit of the law. Most Thai laws relating to SOEs define the status of SOEs differently than the model presented in the Budgetary Procedures Act, B.E. 2502 (1959). Ambiguity of status for SOEs under Thai law remains an issue, severely affecting the efficiency of Thai legal enforcement.

Therefore, it is recommended that to resolve this challenge, a clearer definition of the status of SOEs should be created by adapting the status of all SOEs to a single coherent format or establishing all SOEs under guidelines from one specific law.