Abstract:
To study legal problems on the use of electronic transaction in public sector for seeking the guidance for using electronic transaction in any government authorities offices. The guidance will promote the efficiency and provide the whole process of the use of electronic transaction. The study methods were documentation analysis, questionnaires and interview. In studying and preparing this thesis, the case study is limited to only the use of electronic transaction in the Custom Department and any relevant problems incurred. The study shows that although the Electronic Transaction Act of B.E. 2544 (2001) ("Act") became in force and Section 35 thereof provides a certain provision stipulating that the use of electronic transaction in public sector must be in compliance with the Act and any regulations or the Royal Decree to be issued, there is a problem incurred. This is because, currently, there is no any regulation or the Royal Decree providing the procedure of the use of electronic transaction in public sector be yet issued pursuant to the Act. This causes the uncertainty for private sector in dealing with the government authorities via electronic transaction as to whether the business dealt with the government authorities via electronic transaction is binding, lawful, valid and enforceable. As a consequence of which, there is inefficiency in using electronic transaction in public sector as well as there is no certain procedure for the same. As this thesis limited its study to only the use of electronic transaction in the Custom Department and any relevant problems incurred, this study also shows another problem of the use of electronic transaction in such authority. The problems includes the liabilities under the Custom Act of BE 2469 (1926), the security system in keeping and maintaining the information, the ability of both public and private sectors in handling and dealing with the electronic transaction and the misconduct of the government officials