THE PROPOSED LEGAL FRAMEWORK FOR LIBERALIZATION OF THAI POSTAL SERVICE

Abstract

This research aimed to explore the legal evolution concerning the postal regulation in Thailand, factors affecting the change, and legal limitations, as well as relevant laws of postal regulation in Thailand comparing to those in overseas. Hence, from the research, this author found that purpose to establish the postal business was generally aimed at providing public services, maintaining security of state, peace and order as well as social morality. Originally, postal business was set up as a government agency, i.e. a ministry or a department. However, this form of postal business had created a delay in operation, overlapping procedures, and the lack of business flow.  Thailand had adopted this form in the beginning under the state operation by the Post and Telegraph Department under the Postal Act. Now, the Thai postal business is being operated by the Thailand Post Company as a monopoly in the state enterprise status.

At present, postal business is under the control of the state.  With the increase in advanced technologies, e–commerce business and electronic post, this has resulted in the decline of the letter delivery business. On the other hand, certain demand in some postal business such as logistic has created certain competition such as the transport business. Moreover, there is a need to reduce the government workload by revising the laws that will enable free trade, allow independent operation, and promote fair competition.

Based on the analysis result, recommendations were provided. In order to solve mentioned problem  support smooth postal business operation, promote neutrality, reduce power overlapping, and to encourage the private sector’s engagement in postal service competition, Thailand Post and the government should reorganize a regulating agency as an independent agency and revise the authority of the postal commission, including its structure and qualification of commission members to facilitate the effectiveness of postal operation. In doing this, the power and duty of independent agency can be identified in similar to those of foreign countries. The power of service operator with legal benefit should be reduced, i.e. Thailand Post, the sole operator. Legal framework should be redefined to reduce the monopoly in postal business and stimulate the liberalization.