April 25, 2022 – Khon Kaen University by the Division of Law held a training session to enhance knowledge and understanding of trainees on: “Principles of Laws Related to Administrative Contracts”. Assoc. Prof. Charnchai Panthongviriyakul, M.D., President of Khon Kaen University made the opening address, while Ajarn Natsamol Tanakulrungsarit, Assistant to the President for Special Affairs made the reporting speech. Dr. Ruthai Hongsiri, Chief Justice, gave the special talk. Participants included University administrators, deans and directors of different divisions and personnel of Khon Kaen University. The event took place at Sirikunakorn Room 3, Office of the President, Khon Kaen University.
Assoc. Prof. Charnchai Panthongviriyakul, M.D., President of Khon Kaen University said in his opening address that this occasion was another important chance for Khon Kaen University staff to promote knowledge and understanding of laws that are related to administrative contracts so that all would be able to perform the University’s operations efficiently under the principle of good governance. As the Assistant to the President for Special Affairs reported, the laws related to administrative contracts should be something that the University is aware of and sees the importance. These contracts are important in two aspects, the first is that the contract is the starting point of a mission that affects the development of the University and the country, such as procurement and construction of public utilities, research scholarship contracts for personnel and students, and employment contracts. Whenever an administrative contract has been signed, what follow are the public service system and the mechanisms that make the public service successful. This affects the infrastructures and helps developing the society and the country. The next is that an administrative contract is the starting point of a dispute that sometimes leads to court’s judgment, such as a case of prosecution from a violation act, which is frequently found, for example, a dispute in construction contract, or a prosecution of scholarship awarding. Therefore, the key mission in administrative contracts should be based on the intention for primary implication and reduction of the outcome from the second implication. The contract-making process and contract management, therefore, should be based on the principle of laws and the practices of court as well as the court’s judgment. As such, the administrative contract made can be effective without problem and with fewer complaints. The dispute that may otherwise lead to a court case will thus be solved. Finally, it means that the operations under the administrative contract will be in accordance with the intention for the benefits of the public and continuity of services provided for students and the civil people as a whole.
Ajarn Natsamol Tanakulrungsarit, Assistant to the President for Special Affairs reported, “Khon Kaen University’s status in an “Administrative Organization” according to the Act of Administrative Court and the Administrative Case Judgment of 1999. This covers the operations under different missions of the University, especially the ones under contracts. The contracts that the University has signed are categorized mostly as administrative contracts, such as a scholarship recipient contract, a research contract, a contract for further study, a construction contract, a consultant contract, an employment contract, etc. The administrative contract is different from a civil contract, in terms of the status of the parties where law provides greater power for the administrative party than for the private party, since the objectives are for public service and continuity of the work. Such contract can always be amended for the benefits of the public. Therefore, a governmental organization, its administrators and heads of all levels including the personnel who work under the contract, need to possess accurate knowledge and understanding of this matter, including the principles or theories, laws, practices and the judges of the court, so that they are aware of the importance in all steps of operations according to the law, the regulations and principles set. This leads to correct administrative contracts, and the management of the contract becomes efficient, justice, effective and is under the principle of good governance. The Special Affairs Section and the Law Division are aware of the importance in dissemination of knowledge about laws that are related to operations in the University. The University’s administration, of all organizations, is expected to be under the laws, the regulations and principles set so that all missions will completely reach the laid goals. It is a good chance that the University’s personnel can improve their potentialities and knowledge for their works in accordance with the principle of good governance and the University’s strategic plans.”
News / Photos: Communications Division, Khon Kaen University
