Thailand Law Library

by Thailand Lawyer

The Government shall set aside a budget for the establishment of a fund at the Office of the Permanent Secretary of the Ministry of Social Development and Human Security called the “Child Protection Fund” for use as capital for providing welfare assistance, safety protection and behaviour promotion of a child, including the child’s family and foster family under this Act.

The Fund shall consist of:

1. Start-up money contributed by the Government;
2. Money received from the annual budget distribution;
3. Money or property donated;
4. Money contributed internationally or by an international organisation;
5. Money or property belonging to the Fund or received by the Fund by lawful means or any other legal acts;
6. Money forfeited as a result of violations of bond of performance according to Article 39;
7. Interests accruing on the monies in the Child Protection Fund.

The monies and interest received by the Fund under Article 69 shall not be required to be remitted to the Ministry of Finance as state income.

There shall be a Fund Management Committee to be composed of the Permanent Secretary of the Ministry of Social Development and Human Security as Chairperson of the Committee; members comprising the Permanent Secretary of the Ministry of Interior, Permanent Secretary of the Ministry of Education, representative from the Bureau of the Budget, representative from the Comptroller-General’s Department, and no more than three distinguished persons appointed by the Committee, one of whom must be a representative from the private sector active in child welfare; and the Deputy Permanent Secretary of the Ministry of Social Development and Human Security designated by the Permanent Secretary as member and Secretary of the Committee.

Provisions under Articles 9, 10, 11, 12, 13 and 15 shall apply mutatis mutandis to the assumption of office, vacation of office, meeting of the Fund Management Committee, and appointment of any sub-committees of the Fund Management Committee.

The Fund Management Committee shall have the authority and duties as follows:

1. To manage the Fund in accordance with regulations specified by the Committee;
2. To consider the approval of payments for the purpose of welfare assistance, protection of safety and behaviour promotion of the child, including the child’s family and foster family, according to the regulations specified by the Committee or by court order.
3. Report to the Committee on the financial status and performance of the Fund according to the regulations set forth by the Committee.

The receipt, payment, maintenance, fund raising, and management of the Fund shall follow the regulations set forth by the Committee.

There shall be a Monitoring and Evaluation of the Fund Performance Committee consisting of five persons, comprising the Chairperson and distinguished members appointed by the Committee from those with knowledge and experience in finance, child welfare and evaluation, and the Deputy Permanent Secretary of the Ministry of Social Development and Human Security designated by the Permanent Secretary as member and Secretary of the Committee.

Provisions under Articles 9, 10, 11, 12 and 13 shall apply mutatis mutandis to the assumption of office, vacation of office, and meetings of the Monitoring and Evaluation Committee under paragraph one.

The Monitoring and Evaluation Committee under Article 75 shall have the authority 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.

The Office of the Auditor-General of Thailand shall audit the Fund annually and 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 the financial year for submission to the Cabinet.

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.