การจัดตั้งหน่วยธุรกิจขององค์กรปกครองส่วนท้องถิ่นในประเทศไทย

Authors

ศ.ดร.บรรเจิด สิงคะเนติ, น.ส.ภัชณภา จันทร์อาภาส

Published

วารสารนิติศาสตร์ มหาวิทยาลัยนเรศวร

Abstract

The business unit of the local administrative organization is a business organization established by the local administrative organization according to Local Administrative Organization Establishment Act. Its objective is to provide public services in industrial and commercial sectors and it is under the governance of the local administrative organizations. However, it’s independent in term of finance, human resource management, and business operation as same as the state enterprise which is the business unit of the central government. Nowadays, the business unit of the local administrative organization consists of two types: limited companies and commercial ventures. From the past until now, Thailand only has only two business unit of the local administrative organization in form of Company Limited which is The Krungthep Thanakom Company Limited, it’s the business unit under the governance of Bangkok Metropolitan Council and Khon Kaen Transit System CO.,Ltd. which forming by 5 municipalities of Khon Kaen province. And several business units of the local administrative organization in form of commercial ventures are now provide different public services such as pawnshop, slaughterhouse, garbage management, port. Studies found that the local administrative organizations in Thailand unusually establishes a business unit even though it has authority given by the Local Administrative Organization Establishment Act to establish a business unit. This is because of the lack of the content relating the establishment of the business unit. The Act only gives authority but not includes particular methods and criteria of the establishment include other measures to promote and support the establishment of local business units. Therefore, the way to promote the establishment of the business unit of the local administrative organization in order to increase its numbers as well as to solve its problems and limitations is to set a clear, systematic, and appropriate methods and criteria for the establishment. Suggestions from studies consist of two categories. The first category is suggestion on laws which can be divided into 2 parts; the first part is to improve and amend the law to solve existing problems and limitations and the second part is to issue the law on the methods and criteria to establish a business unit of the local administrative organization. The second category is suggestion on policies that will help supporting the improvement, amendment, and legislation of laws. These will lead to increasing numbers of the business unit of the local administrative organization that will help creating income for the local administrative organization, relying less on governmental support, more efficiently serving public services to meet the needs of the local people.

(2560). การจัดตั้งหน่วยธุรกิจขององค์กรปกครองส่วนท้องถิ่นในประเทศไทย. วารสารนิติศาสตร์ มหาวิทยาลัยนเรศวร, 10(2), 93-120.