The Cabinet has approved the guidelines for the dissolution of the House of Representatives. related to cabinet and ministers status of cabinet and ministers
Mr. Anucha Burapachaisri Deputy Secretary-General to the Prime Minister for Political Affairs acting as spokesperson for the Prime Minister’s Office Announcement of the Cabinet resolutions today (21 March 2023) approving the guidelines for the dissolution of the House of Representatives related to cabinet and ministers The status of the Cabinet and Ministers can be summarized as follows:
– Cabinet ends But must be in position to continue to perform duties, not called acting. Not acting or acting in a position And still receive a salary, but do not have to submit a statement of assets and liabilities.
– The Cabinet still has the duty to administer state affairs for the utmost benefit of the country as necessary in all respects. In the case of a situation that threatens national security have the authority to declare Measures to maintain national security, such as declaring a state of emergency or declaring martial law, etc.
performance of the duties of the Cabinet
(1) Cabinet meetings: meetings can continue as usual until the Royal Command is issued. Appointing a new cabinet Matters proposed to the Cabinet and having the effect of approving work or projects or having the effect of creating a binding relationship with the new Cabinet The Secretariat of the Cabinet will review and submit to the Cabinet. Prime Minister or Deputy Prime Minister assigned to supervise public administration on behalf of the Prime Minister To have a resolution or an order to propose a new cabinet.
(2) Approval of work or project: Do not approve the work or project or have a binding effect on the next Cabinet. Unless already specified in the annual expenditure budget. do not take any action Any actions that have a binding effect on the next Cabinet, such as setting policies or guidelines that has the effect that must be continued
(3) appointment and transfer of government officials or removal of such persons from the performance of duties or vacating office;
– Not to appoint or transfer government officials with permanent positions or salaries, or employees of government agencies, state enterprises, or businesses in which the state holds major shares. or remove such person from the performance of duty or retire from office or allow others to perform duties on their behalf Unless it has been approved by the Election Commission first.
– Appointment and transfer of government officials must be done as necessary and to protect the interests of the state security of the country public safety stability in the country’s economy or to prevent public disasters Get prior approval from the Election Commission.
(4) Approval of budget expenditure reserves for emergencies or necessity
– Disapproving the budget for emergency or necessary expenditures. Unless it has been approved by the Election Commission first. or do as necessary to protect the interests of the state security of the country public safety
stability in the country’s economy or prevent public disasters or to prevent damage to the government or to alleviate disasters to the public and must be approved by the Election Commission first. This can only be done in connection with the performance of missions of government agencies, state enterprises and state agencies. where there is a need to use a budget other than the allocated Or that has already been allocated but is insufficient and there is an urgent need to apply for the expenditure budget, the central budget, reserve funds for emergency or necessary expenses
(5) use of government resources or personnel
– Do not use government resources or government personnel. to take any action that may affect the election and does not violate prohibitions in accordance with the regulations prescribed by the Election Commission.
The 2020 Election Commission Regulations stipulate that the Cabinet must not use government resources or government personnel to do anything that will affect the election by the following methods:
-Use government resources or government personnel in a way that creates opportunities for inequality in elections
– Organize off-site cabinet meetings in addition to regular meetings. to create opportunities for inequality in elections
-Schedule, order or assign meetings, trainings or seminars for public or private personnel. by using the budget of the state agency or the money of the state-owned entity. which may require the distribution of assets or any other benefits Unless it is a meeting for a period specified by law. or there is an urgent necessity to protect the interests of the state or the public But it must not create an opportunity for inequality in elections.
– Assign, direct or assign approvals transfer or change the expenditure budget items of government agencies or entities in which the state holds major shares; or allow government agencies or entities with major shares of the state to distribute assets or other benefits to the public. Unless there is an urgent need to protect the interests of the state or the people. But it must not create an opportunity for inequality in elections.
– Determine, order or assign the distribution or allocation of government resources to any person. without reasonable cause Unless it is a case where action must be taken as required by law. or there is an urgent necessity to protect the interests of the state or the public But it must not create an opportunity for inequality in elections.
for the use of government resources such as frequencies or equipment equipment used to transmit radio broadcasting Radio, television and telecommunications or public relations budget of government agencies or state-owned enterprises For the benefit of public relations that will create opportunities for inequality in elections.
(6) Compliance with organic laws, namely – Organic Act on Political Parties B.E. 2017, for example, political officials are prohibited from using their political status or position, soliciting or soliciting donations to political parties or candidates for election as members of the House of Representatives. but not including political officials That person participates in fundraising activities of a political party.
– Organic Act on Election of Members of the House of Representatives B.E. 2018
Do not take any action to induce voters to vote for themselves or any other candidate. or refrain from voting for candidates or persuading to vote not to choose anyone Member of the House of Representatives By making, offering, promising to give or arrange to give assets or any other benefits that are calculated in money to anyone Or give directly and indirectly to communities, associations, foundations, temples, educational institutions, welfare institutions or any other institutions. Campaign advertising by organizing entertainment or various festivities.
(7) legislation
-Proposal of new laws, especially the Act This is a policy that should not be proposed during the dissolution of the House of Representatives. Draft laws and subordinates that the Cabinet had approved in principle and submitted to the Office of the Council of State or the Committee for Examining draft laws and subordinates submitted to the Cabinet for review.
(8) Appointment of the Board of Directors
– Able to procure and appoint legal committees in accordance with criteria, methods, conditions, and procedures prescribed by law. Once appointed, the committee under the aforementioned laws Able to perform duties according to the provisions of each law which is a regular job
(9) the implementation of other matters according to the resolutions of the Cabinet
– In the event of a seminar workshop academic conference If an appointment is made before the Royal Decree to dissolve the House of Representatives takes effect And it is a normal practice as previously practiced. Ministers can attend such meetings. However, this must not be an election campaign.
– Ministers running for election to members of the House of Representatives Do not use official time for election campaigns. If wishing to spend time campaigning for elections, leave for the Prime Minister and in case the Prime Minister wishes to take a business leave The Secretariat of the Prime Minister shall inform the Secretariat of the Cabinet. To implement the regulations of the Office of the Prime Minister on the leave of civil servants, B.E. 2555, category of leave of political officials.
-Minister’s press interview should be especially careful Especially in the case of being invited to interview on television. As a ministerial position, interviews can be made only for ministerial duties.
In addition, the minister was cautious in the actions taken during the Royal Decree to dissolve the House of Representatives, including public relations of various agencies with pictures of the minister appearing. billboards or public relations advertisements on radio and television Should remove the banner or cancel all such public relations, except public relations that uses the money of the political party that they are affiliated with. Use of government official vehicles that is not used in the performance of his duties and responsibilities as a minister Giving interviews to radio and television programs and being invited to give lectures at various places on programs purchased or organized by government agencies, except non-government-run radio and television stations.
(10) submitting an account showing particulars of assets and liabilities
– The current Cabinet will submit an account showing a list of assets and liabilities. to the NACC. as follows: in the case of a minister having a status as a member of the House of Representatives as well Accounts showing assets and liabilities must be submitted within 60 days from the day following the date of retirement from the position of Member of the House of Representatives. (The date of the dissolution of the House of Representatives) and must submit an account showing assets and liabilities again within 60 days from the day following the date of vacating the ministerial position. (Date of the new cabinet taking the oath of allegiance)
– In case the Minister is not a member of the House of Representatives Accounts showing assets and liabilities must be submitted within 60 days from the day following the date of retirement from the ministerial position. (Date of the new cabinet taking the oath of allegiance)
Prime Minister’s Office Spokesperson Referring to this practice and procedure that it is an operation in accordance with Section 169 (2) and (3) of the Constitution of the Kingdom of Thailand, 2017 and the Election Commission’s regulations on the use of state resources or state personnel. to take any action that will affect the election year 2020, as well as referring to the regulations and resolutions of the Cabinet. Related For being a guideline for the Cabinet during the expiration of the term of the House of Representatives or the dissolution of the House of Representatives.-Thai News Agency
Source: Thai News Agency