PPP in Thailand: Policy Development and Challenges - Enabling Finance for Private Finance of Infrastructure
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2011/FMP/CON/003 Session 3
PPP in Thailand: Policy Development and Chall...
PPP in Thailand: Policy Development and Challenges - Enabling Finance for Private Finance of Infrastructure Submitted by: Thailand
Conference on the Framework and Options for Public and Private Financing of Infrastructure Washington, D.C., United States 22-23 June 2011
PPP in Thailand: P li D l Policy Development & Challenges t & Ch ll (Enabling Finance for Private Finance of Infrastructure) APEC Finance Ministers’ Process Workshop, The World Bank 22‐23 June 2011
DR. SSEREE NONTHASOOT Legal Counsel, State Enterprise Policy Office Ministry of Finance, Thailand
Current PPP Framework
A
single legislation called ‘Private Participation in State Undertakings Act’ in use since 1992 ain rationale is to prevent corruption by transferring project approval to the Cabinet and create ex‐ante check and balance procedures, curbing discretion of the project agency the project agency
Applicable on ‘big’ projects valued over 1 billion Baht over 1 billion Baht PROJECT INITIATION Broad scope of law Approve covering all types principle of PPPs concession, licensing asset licensing, asset lease) Draft TOR & contract Linear process with three steps: project PARTY SELECTION initiation party initiation, party selection and Final project Approval monitoring Sign Contract
PROJECT MONIToring
Dr. Seree Nonthasoot (June 2011)
Project Agency Line Ministry
Advisor
Feasibility Study
NESDB
‘New’ Project
MOF
Project with ‘existing’ assets
Cabinet
Project Agency
Selection Committee
• Approve TOR & draft contract • Fix guarantee • Select party
Issues & Drivers for Change No systematic planning for PPP Lack of clarity on project valuation Lengthy process (no time limit for line ministry decision‐making) No provision for contract amendment/renewal Non‐compatibility with PPP concept (no formal mechanism for risk allocation)
Small amount of provisions (25 sections) but numerous cases (over 100 requests for Council of S State opinions) i i ) Limited number of successful projects/ unknown number of non‐PPSU projects Agencies preferring conventional procurement procedures to PPSU process Dr. Seree Nonthasoot (June 2011)
PPP as an instrument for balanced budget Need to increase investments Development of y necessary economic infrastructure (especially logistics)
3
Proposed New Framework
Replacing the PPSU Act
Adding PPP‐Compatible Measures
Incorporation of ‘established’ PPSU Measures
Dr. Seree Nonthasoot (June 2011)
Repeal the PPSU Act 1992 and enact a new PPP-conducive law New bill contains 10 chapters, p , 65 sections Transitory provisions put in place to support ongoing existing projects/contracts Establish a central PPP agency Preparation P ti off PPP ‘M ‘Master t Pl Plan’’ Establish ‘Project Development Fund’ Criteria for contract amendment and renewal Requirement for project agencies to consider PPP alternative and justify non-PPP option Transparency measures
Definitional structures Three-step procedures with appropriate modifications
4
Challenges Ahead Intermediate
Medium
• Getting the new Getting the new law passed • Political/policy changes post July3rd election • Substantive changes by the Council of State & Parliament
• Establishment of Establishment of PPP Unit & Passing by‐laws • Personnel sufficiency • Hiring of advisors/ Hiring of advisors/ consultants • Preparation of ‘PPP Master Plan’ • Preparation of by‐ laws (drafting/ public hearings) • Streamlining PPP process among relevant agencies relevant agencies
Long term
• Implementation I l t ti • Social PPP (conventional focus on economic PPP/ novelty of social PPP/ clarity of framework) • Project selection • Project Development Fund sufficiency/ management • Handling of contracts concluded under previous framework
Capacity‐building/PPP familiarization for Regulators (SEPO), Line Ministries, Project Agencies, Lawmakers
Inter‐agency/ International Cooperation & PPP Promotion Dr. Seree Nonthasoot (June 2011)