Problems on Electronic Auctions of the Thai Legal Execution Department (E-Offering)

Abstract

          This research focuses on the problems of electronic auction conducted by the Legal Execution Department of Thailand. More specifically, it scrutinizes the issues of legal status and form of auction, verification, intent, and auction validation, including restrictions on bidding and documentation problems. The researcher has conducted research on laws relating to electronic auction in comparison with international best practices and laws of the People’s Republic of China, the Republic of Korea, the United States, and Australia.

            From the abovementioned studies, it is found that, at present, there is no sufficient law to support a fully-fledged system of electronic auctions. There are only ministerial regulations of the Legal Execution Department that cover the electronic bidding system. While the COVID-19 pandemic has caused widespread economic disruption, it also presents a good opportunity to encourage the general public, including the executing officer, to cooperate in the use of electronic enforcement systems. However, the general law cannot be applied properly. In addition, the use of technology may result in system instability or data security problems.

          For the suggestion for the improvement of the electronic auction conducted by the Legal Execution Department to be more efficient, this study recommends revision of regulations for clarity and the establishment of minimum standards for data security and protection to promote system reliability which will result in a fair enforcement process for all parties involved. The advantages of an all-electronic approach will be cost-savings in various aspects allowing the auction process to be more transparent, which is beneficial to all stakeholders. In addition, because of the speedy and efficient operation with sufficient legal framework, the assets sold at auction can be swiftly returned to the national economy.