Abstract:
Thailand has a public-private partnership law or Public-Private Partnership: PPP - i.e. the Public-Private Partnership Act B.E. 2019, which provides for the use of state powers to amend contracts in the public interest Section 50 (2) leads to educational issues. Is an analysis of the administrative contractual of the public-private joint partnership agreement. Analysis of the scope of exercise of the powers of the administrative party in Section 50 (2), as well as an analysis of the process of reviewing the exercise of the powers of the administrative party and the determination of the effective starting period of the contract, as amended in section 50 (2). The study found that public-private partnership agreements it is characterized as an administrative contract by condition, and considering the provisions of Section 50 (2) of the Public-Private Partnership Act B.E. 2019, it can be found that the amendment of the contract under Section 50 (2) is of the nature of the unilateral exercise of the power to amend contracts by the ruling party, in which the exercise of that power is subject to the scope of Amendments to contracts in accordance with contractual principles and public law principles, as well as amendments to contracts, shall be due to reasons that the parties could not have anticipated at the time of entering into a contract, and must not materially amend the contract to the extent of becoming a new contract, and it also appears that the provisions of Section 50 (2) lack a process for reviewing and balancing the exercise of administrative powers and the lack of a process for determining the criteria for determining the validity of the contract, as amended by Section 50 (2). The author proposes to enact a public-private joint investment contract, an administrative contract by the provisions of the law and proposes to establish rules. The extent to which the exercise of the exclusive power of the administrative party to amend public-private joint partnership agreements in material cases is provided. It is also proposed that the procedures or procedures for reviewing the exercise of power to amend public-private joint partnership agreements by requiring the administrative parties to submit a draft public-private joint partnership agreement, which will be proposed for amendment under Section 50 (2), to the Office of the Attorney General for consideration as well as proposing that the Administrative Court be an organization having the power to inspect the exercise of administrative power in amending the contract under section 50 (2) and saw it should be proposed to be enacted, and enforce the law as a general rule. In the matter of Administrative contracts, provide guidance and minimum standards for determining the scope of rights and obligations of administrative parties.