Thailand Law Library

by Thailand Lawyer

Chapter 5: The Anti Trafficking in Persons Fund

There shall establish a Fund in the Ministry of Social Development and Human Security to be called "the Anti Trafficking in Persons Fund” to be used as capital for the prevention and suppression of trafficking in persons and the management of the Fund. The Fund shall consist of;

1. initial capital contributed by the Government;
2. subsidy from the Government, distributed from the annual budget;
3. money or property received as a donation;
4. money contributed internationally or by an international organization;
5. interest or other benefits accruing to the Fund;
6. money received from the sale of property of the Fund or received by means of fund raising;
7. money or property vested in the Fund or received by the Fund under the other law.

Money and interest received by the Fund under Section 42 shall not be required to be remitted to the Ministry of Finance as state revenue.

Money and property of the Fund shall be used for the following purposes:

1. providing assistance to the trafficked person under Section 33;
2. providing safety protection of the trafficked person under Section 36;
3. providing assistance to the trafficking person in a foreign country to return to the Kingdom or domicile under Section 39;
4. preventing and suppressing of trafficking in persons according to the regulations prescribed by the CMP Committee;
5. managing the Fund.

There shall be a Fund Management Committee to be composed of the Permanent Secretary for Social Development and Human Security as the chairman, the Permanent Secretary for Foreign Affairs, the Permanent Secretary for Justice, a representative from the Bureau of the Budget, representative from the Comptroller General’s Department, and three qualified persons appointed by the Committee, provided that at least two qualified persons must be the representatives from the private sector active in social development, social work, prevention and suppression of trafficking in persons, or financing, as members, and the Deputy Permanent Secretary for Social Development and Human Security assigned by the Permanent Secretary shall be a member and the secretary.

Section 17, Section 18, Section 19, Section 20, Section 21 and Section 25 shall apply mutatis mutandis to the assumption of office, vacation of office of a qualified member, meetings of the Fund Management Committee and appointment of any sub-committee of the Fund Management Committee.

The Fund Management Committee shall have powers and duties as follows:

1. to consider the approval the payments stipulated in Section 44;
2. to manage the Fund in accordance with regulations specified by the Committee;
3. to report to the Committee on the financial status and performance of the Fund in accordance with regulations prescribed by the Committee.

The receipt, payment, keeping, fund raising, and management of the Fund shall follow the regulations set forth by the Committee, with the consent of the Ministry of Finance.

There shall be a Monitoring and Evaluation of Fund Performance Committee consisting of five persons, comprising a chairman of the Committee and qualified members appointed by the Committee from those with knowledge and experiences in the field of finance, social work and evaluation, one from each field, and the Deputy Permanent Secretary for Social Development and Human Security assigned by the Permanent Secretary shall be a member and the secretary.

Section 17, Section 18, Section 19, Section 20 and Section 21 shall apply mutatis mutandis to the assumption of office, vacation of office and meetings of the Monitoring and Evaluation Committee.

The Monitoring and Evaluation of Fund Performance Committee shall have powers and duties as follows:

1. to monitor, inspect and evaluate the performance of the Fund;
2. to report to the Committee on the performance of the Fund, together with any recommendations;
3. to have the power to request the provision of documents or evidence in connection with the Fund from any person or to summon any person to give statements to further complement its evaluation of the Fund.

Section 51

The Fund Management Committee shall present balance sheet and accounts to the Office of the Auditor-General of Thailand for audit and certification within one hundred and twenty days from the end of a financial year.

The Office of the Auditor-General of Thailand shall prepare a report on the findings and certification of the Fund’s accounts and finances for submission to the Committee, within one hundred and fifty days from the end of a financial year, for submission to the Cabinet for information.

The Minister shall present the audit report under paragraph two to the Prime Minister for submission to parliament for information and publication in the Government Gazette.