5. Public Private Partnership

Public-Private Partnership (PPP) was formally introduced in 1992 with the Private Participation in State Undertakings Act BE 2535 (PPSU Act ).

For two decades, the PPSU Act has been the legislative foundation governing PPPs in Thailand; however, there was a lack of clear criteria addressing issues of scope, duration and authority regarding the initiation and implementation of PPPs. To clarify these criteria, the Private Investments in State Undertakings Act was enacted in 2013. Act BE 2556 (2013) (PISU Act ). The PISU Act explicitly states that Thailand needs the construction of infrastructure and various other forms of public services, an imperative that is echoed in many other state policies, objectives and development plans.

As a result, PPPs have become more common nationwide as the government has relied on them as the primary mechanism for developing national infrastructure. As the use of PPPs has increased, it has become clear that the framework set out in the PISU Act needed to be further developed. As a result, the Public–Private Partnership Act BE 2562 (the New PPP Act ) was enacted in 2019 , replacing the PPSU Act , thereby enabling PPPs to be conducted in accordance with international standards.

The New PPP Act was drafted in such a way that a series of subsidiary laws would follow its promulgation. Subsequently, new laws were published in the form of notifications issued in 2020 and 2021 by the State Enterprise Policy Committee and Office (the Office), and ministerial regulations. These notifications and regulations clarify certain rules governing certain procedures in relation to PPPs. Several projects have recently been launched under the New PPP Act , such as the Bang Pa -in- Nakhon interurban highway Ratchasima (M6) and the Bang Yai-Kanchanaburi Interurban Highway (M81)