เปิดขั้นตอน ‘กู้’ 5 แสนล้านแจกดิจิทัลวอลเล็ต
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00:00 about the digital wallet project that may affect the future of the Ministry of Finance and the Ministry of Justice.
00:06 Yes, we will talk about the legal issues later.
00:09 After the government has chosen to pass a bill to pay off the debt,
00:14 what legal issues will it involve?
00:17 And can it be done?
00:19 Today, we are talking with Dr. Supriya Kaewlaiat,
00:23 the Deputy Director of the Department of Law and the Department of Justice,
00:27 at the University of Thammasat.
00:30 Hello, teacher.
00:31 Hello, teacher.
00:32 Hello.
00:33 Hello, I'm Supriya Kaewlaiat.
00:35 First, I would like to ask you,
00:37 the government has chosen to pass a bill
00:40 to pay off 500 million baht in debt to pay off the digital wallet.
00:43 What legal issues will it involve?
00:46 Yes, from the information I have heard,
00:50 the legal issues that will involve are the first one,
00:53 which is the 62nd Statute, which sets the duty for the state to receive financial support by the state.
01:00 Receiving financial support by the state is a continuation of the state's financial support policy.
01:08 The second law will be the National Financial Support Act, Article 2, Section 161.
01:14 And the third law that will involve is the 48th National Revenue and Expense Act, Article 2, Section 151.
01:20 Yes.
01:21 And can this bill be passed?
01:24 And what legal issues will it involve?
01:28 Yes, if we look at the legal issues,
01:32 we will find that there are legal limitations.
01:36 The first one is the payment of money.
01:41 The payment of money by the state,
01:43 even though it is equal to or more than 20% of the state's budget,
01:49 is the payment of money for the development of the economy.
01:53 But it does not fall under Article 22 and Article 23 of the National Revenue and Expense Act.
02:01 Because in Article 22,
02:04 the rule is that money must be used for foreign exchange,
02:09 and must be paid in foreign currency.
02:11 Yes.
02:12 In our case, it is paid in cash.
02:14 Yes.
02:15 And another thing is that it must be paid to strengthen the stability of the country's economy.
02:22 In this case, we are not trying to stimulate the economy to spend money,
02:27 but it is about strengthening the stability of the country's economy.
02:30 Yes.
02:31 And the payment of 500 million baht,
02:33 when compared to the budget of about 3 years,
02:35 may exceed 100 baht per 10 years.
02:37 Yes.
02:38 But Article 22 states that money is not included in Article 22.
02:43 Yes.
02:44 Article 23 may have a point that if we can pay in baht.
02:48 Article 23 states that we can pay in baht.
02:51 But it is a case that the balance of the country's currency is not enough.
02:57 And it is about the payment to work on the system of cash and cash market.
03:02 In the case of payment by digital wallet,
03:06 the money sold under Article 23 is not included.
03:08 Therefore, it is a violation of the NIS.
03:12 It is a violation of the NIS.
03:16 Yes.
03:17 This is the point that many people and citizens have talked about.
03:21 It is a violation of the NIS.
03:25 Yes.
03:26 If we look at the NIS, Article 52 states that the government's payment should be carried out according to the law of the NIS.
03:36 Yes.
03:37 We said that it cannot be carried out because it is not included.
03:41 Article 53 is excluded.
03:44 Article 52, Article 53 is excluded.
03:47 If a person is not a member of the NIS,
03:51 he must be included in the payment process.
03:54 It must be carried out according to the law.
03:56 The NIS will be a member of the NIS.
04:00 Yes.
04:01 Another payment process is that it must be a necessary process.
04:05 Yes.
04:06 It must be carried out immediately.
04:08 It must be carried out immediately to solve the crisis in the country.
04:12 Yes.
04:13 It must be protected and cannot be established for a few years.
04:16 Yes.
04:17 Now we have to see if this is a matter of immediate action.
04:23 The principle of saving money to stimulate short-term economic growth is to use it and finish it.
04:29 It is not a principle that requires immediate action.
04:36 The crisis is a crisis.
04:38 The Prime Minister said that this is a crisis.
04:41 It is a crisis in Article 53.
04:45 It is a crisis.
04:46 It must be a situation that is severe.
04:48 It is a crisis.
04:52 For example, the crisis of the economy in 2014.
04:55 Yes.
04:56 Or when we have a COVID-19 outbreak.
05:00 This is a severe epidemic.
05:03 This is a crisis.
05:04 We are considering the budget for the 2017 budget.
05:11 In fact, we can set up a budget for the next two years.
05:15 Therefore, looking at Article 53, the special law, even if it is a budget, will not be applicable to Article 53.
05:28 Yes.
05:29 And there may be a problem with Article 9.3 of the National Security Council.
05:35 Article 9.3 prohibits the Cabinet from implementing a policy of land management that may have an impact on the long-term economy.
05:46 If there is evidence in the economic policy, it indicates that this policy may cause damage to the long-term economy and may lead to a problem with Article 9.3.
05:59 Yes.
06:00 From what you told me, it does not apply to the law.
06:05 It is not applicable to the law on the compensation of bankruptcy.
06:09 Will the government continue to move forward?
06:11 In addition to the violation of the law and the rule of law on the management of debt that cannot be done, there may be violations of the law as well.
06:23 Therefore, if we want to continue, there is a risk that the rule of law may have a problem with the favorability of the law.
06:31 Article 62, as I have learned from the beginning, Article 61, states that there must be a maintenance of the financial system of the country, and the violation of the financial system of the country.
06:44 Therefore, the violation of the financial system of the country is a reflection of the principle of the law.
06:50 When we violate the financial system of the country, we violate the principle of the law.
06:56 This means that the property may be claimed as a financial institution.
07:03 The financial institution may use the law to violate the law.
07:10 This may result in the failure of the property.
07:15 This is another risk that may occur.
07:18 Has there been any violations of the law in the past?
07:25 Yes, there have been.
07:27 If we go back to the financial system of the country, Article 2, Article 211, which began in the year 1991,
07:35 after that, we have a provision that gives the power to the financial institution to pay money to solve the COVID-19 problem in 2 states.
07:43 At that time, the payment was based on the provision of COVID-19 payment.
07:52 The money we use is not only used to buy vaccines, but also used in the same project.
08:01 The same project is to pay money to a state and a half of the population.
08:08 In this case, it is the same amount of money as the state.
08:15 At that time, the payment of COVID-19 payment was a form of vaccination.
08:27 COVID-19 is a serious disease not only in Thailand, but also in the world.
08:33 It affects public safety and the world economy.
08:39 The government has now changed the provision of money to pay the money to solve the COVID-19 problem.
08:49 The situation has changed a lot.
08:54 The economic situation is now more stable.
08:58 We can still pay the money in time.
09:04 The provision of money to pay the money to solve the COVID-19 problem is not the same.
09:14 Can you tell us about the next step?
09:28 The main responsibility of the Ministry of Finance is to create a new government.
09:38 The Ministry of Finance has to give the government a responsibility.
09:43 The Ministry of Finance will have a questionnaire about the impact of the law.
09:58 The Ministry of Finance will send a draft law to the Ministry of Finance.
10:13 The Ministry of Finance will send a draft law to the Ministry of Finance.
10:33 The Ministry of Finance has to spend time with the Ministry of Finance.
10:48 The Ministry of Finance has to spend time with the Ministry of Finance.
11:08 The Ministry of Finance has to spend time with the Ministry of Finance.
11:28 The Ministry of Finance has to spend time with the Ministry of Finance.
11:48 If the draft law is not passed, will the government continue to operate?
12:03 The Ministry of Finance has to spend time with the Ministry of Finance.
12:23 The Ministry of Finance has to spend time with the Ministry of Finance.
12:43 The Ministry of Finance has to spend time with the Ministry of Finance.
13:03 The Ministry of Finance has to spend time with the Ministry of Finance.
13:23 The Ministry of Finance has to spend time with the Ministry of Finance.
13:43 The Ministry of Finance has to spend time with the Ministry of Finance.
14:03 The draft law will be passed by the Ministry of Finance.
14:23 The draft law will be passed by the Ministry of Finance.
14:43 The draft law will be passed by the Ministry of Finance.
15:03 The draft law will be passed by the Ministry of Finance.
15:23 The draft law will be passed by the Ministry of Finance.
15:43 The draft law will be passed by the Ministry of Finance.
16:03 The draft law will be passed by the Ministry of Finance.
16:23 The draft law will be passed by the Ministry of Finance.
16:43 The draft law will be passed by the Ministry of Finance.
17:03 The draft law will be passed by the Ministry of Finance.
17:23 The draft law will be passed by the Ministry of Finance.
17:43 The draft law will be passed by the Ministry of Finance.
18:03 The draft law will be passed by the Ministry of Finance.
18:23 The draft law will be passed by the Ministry of Finance.
18:43 The draft law will be passed by the Ministry of Finance.
18:53 Sawasdee krub.
18:54 Chon neet tittam, krab.