The Thailand Public Private Partnership Act B.E. 2562 (2019) (“PPP Act”) came into force on 11 March 2019, governing PPP projects exceeding a value of THB 5 billion, as well as projects valued at less than THB 5 billion that meet prescribed criteria.
Section 7 of the PPP Act itemizes 12 categories of infrastructure projects and public services that are subject to its requirements, namely:
✓ Roads, highways, special ways and land-transportation;
✓ Trains, electric trains and other rail-transportation;
✓ Airports and air-transportation;
✓ Ports and water-transportation;
✓ Water management, irrigation, waterworks and wastewater treatment;
✓ Energy works;
✓ Telecommunications and general communications;
✓ Hospitals and public health;
✓ Schools and education;
✓ Housing and facilities for low or medium wage earners, the elderly, the underprivileged, or disabled;
✓ Exhibition centers and conference centers; and
✓ Other projects to be announced by Royal Decree.
The Public Private Partnership Committee has recently augmented the scope of the PPP Act to include private-sector activities which are crucial to realizing several categories of infrastructure projects itemized in Section 7. Three notifications published in the Government Gazette on 9 November 2020 delineate business activities related to rail, land, and water transportation. As of 10 November 2020, the following activities are now subject to the PPP Act:
