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Date Post :  07-12-2014

Icon1 About State Property
         What are State Property Register?

         The State Property Register is a document created by the government, through the Treasury Department, Ministry of Finance, for the registration of State Property as a benefit for administration and maintenance. The State Property Register is divided into four categories according to type of ownership:

         1) the general register: for the registration of government lands and structures built on lands owned by the government, either general assets or assets used for the purposes of the State;

         2) the private sector register: for the registration of structures built on lands other than State Property;

         3) the industrial register: for the registration of lands and structures used for industrial purposes;

         4) the public register: for the registration of lands and structures used for public purposes.

Icon1 State Property and Governmental Real Estate in Foreign Countries

         State Property is domestic real estate owned by the Royal Thai Government. Government real estate in foreign countries is also owned by the Ministry of Finance but is not included as State Property. The Treasury Department, Ministry of Finance, and other government units authorised by the Ministry of Finance serve as the curators for storing the original title documents and documenting the administration and maintenance of the real estate for the Ministry of Foreign Affairs. Purchase of the real estate is conducted by the Ministry of Foreign Affairs for the Ministry of Foreign Affairs’ purposes or by other governmental units for their own purposes. The Ministry of Finance is authorised to conduct juristic acts, transfer ownership, sell, exchange, give, and dispense or benefits (as required). A permanent committee has been established, composed of the Permanent Secretary of the Ministry of Finance as the chairman;, and a representative from the Ministry of Foreign Affairs, a representative from the Bureau of the Budget, a representative from the government unit that owns and benefits from the property as committee members; and Director-General of the Treasury Department as committee members and committee secretary. The committee is responsible for submitting proposals to the cabinet for the approval of sales, exchanges, gifts, dispensation, or transfer of the real estates, or for the creation of benefits from the real estate that the government unit owns, makes use of or no longer wants to make use of. That government unit has to submit its proposal to the committee which will in turn submit it to the cabinet. After approval from the cabinet, the Ministry of Finance will authorize the head of the government unit or a person authorized by the head of that government unit to carry out the transaction. When the transaction has been completed, that government unit must inform the Ministry of Finance.

Icon1  The income occurred from any such transaction must be returned to the country.
         The origin of State Property is not clearly documented by the law.It was first mentioned in a Royal Command from King Rama VI on March 25, 1921, a response to a request from the Minister of the Great Royal Treasury at that time, as follows:

         (a) is a royal treasure.

         (b) is owned by a ministry, acquired as national property, reserved for the exclusive use of the government, expropriated by the country from citizens or taken by tax officers.

         (c) is dispersed among the various ministries.

         (d) is derived by the Ministry of the Great Royal Treasury which has the responsibility for assets belonging to ministries; all the assets derived from State Property will be governed and maintained solely by the Ministry of Finance, The Great Treasury.

         
         (e) is for the use of different ministries which may borrow these properties without paying rent (when no longer needed, the property has to be returned the Ministry of the Great Treasury.).


         (f) is for use by the government;, it is the duty of the Ministry of Finance, The Great Treasury, to administer and manage it to generate income for the country if it is not used for governmental purposes.

 

         (g) is to be sold as required. Royal Commands issued during in the absolute monarchy are considered to have the effect of laws because they gave orders to ministries, sub-ministries and departments comparable to the Act on the Organization of Ministries, Sub-Ministries and Departments at present, which determines the authority and responsibilities of each ministry. Therefore, without a law abolishing this Royal Command from King Rama VI, any part of the Command that does not contradict or is not mentioned in The Ratchaphatsadu Land Act, 1975 (B.E. 2518) is still in effect.

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