Thailand's Economic Reform

Progress Report
January 1999

Contents

Message from the Minister of Finance
1. Macroeconomic Framework and Policy
1.1 Economic Performance and Outlook
1.2 Fiscal Policy
1.3 Monetary and Exchange Rate Policy
2. External Sector
3. Financial Sector Restructuring
3.1 Segregation of Viable and Unviable Financial Institutions
3.2 Measure to Strengthen the Remaining Financial Institutions
3.3 Capital Market Development
4. Corporate Debt Restructuring
4.1 Progress of CDRAC
4.2 Elimination of Tax Disincentives
4.3 Legal Amendment
5. Social Safety Net
6. Market Opening Policy
6.1 Privatization
6.2 Foreign Ownership of Business Activities
6.3 Foreign Ownership of Real Estate
7. Political Environment

Tables

Table 1 : Macroeconomic Framework 1997-1999
Table 2 : Public Sector Fiscal Operations
Table 3 : External Account
Table 4 : Auction Result of FRA
Table 5 : Banks and Finance Companies in Thailand
Table 6 : Progress of August 14th Package
Table 7 : Progress of Corporate Debt Restructuring
Table 8 : Legislation to be Amended

Boxes

Box A : August 14th Package I

Capital Support Facilities

Box B : August 14th Package II

Resolution Strategy for the Intervened Banks and Finance Companies

Figure

Figure 1 : Money Market Rate and Exchange Rate

* * *  Download File (Ms-Word) : Thai_ER.zip (size: 72  kb) * * *

Edited by 
Fiscal Policy Office
Ministry of Finance
Kingdom of Thailand


Message from the Minister of Finance

         Since the crisis broke out in mid-1997 in Thailand and spread widely across the region and the globe, the market confidence in the baht and the Thai economy in general was largely damaged. The economic restructuring program, then, must be strong and comprehensive.

        During the first year of Prime Minister Chuan Leekpai’s government, Thailand has introduced a series of measures, with support from the IMF, the World Bank, the Asian Development Bank and bilateral sources, to overcome its currency and financial crisis, and to build a strong fundamental for the resumption of growth in 1999. To date, many encouraging signs of stability have emerged, reflecting stronger market confidence in our economic reform program despite the deteriorating external conditions.

         This progress report, the first in a series of biannual publications, provides an updated review of Thailand’s economic reform program as well as the progress we have made to date. This includes macroeconomic policy; the progress of financial sector and corporate debt restructuring; the social safety net; and market liberalization policy.

It is my pleasure to have this opportunity to detail our economic restructuring program in this first issue. I hope that “Thailand’s Economic Reform” will serve as a useful reference on Thailand’s efforts to overcome the crisis.

 

Tarrin Nimmanahaeminda
Minister of Finance
Kingdom of Thailand

January 1999


1. Macroeconomic Framework and Policy

1.1 Economic Performance and Outlook

     After having enjoyed a real compound annual growth rate of 9.6 percent between 1986 and 1996, Thailand suffered a sharp economic downturn with the combination of currency and financial crises in 1997 as a result of the unsuccessful defense of the currency and the weak banking system. Thailand faced four major macroeconomic problems :

  1. Net international reserves were depleted because of the unsuccessful defense of the Thai baht.
  2. There were systemic problems in the financial sector.
  3. The real sector faced a serious liquidity shortage.
  4. Regional economic turmoil was a significant constraint in the country’s ability to resolve its economic difficulties.

      Therefore, the government has taken a systematic but flexible approach in addressing these problems and strictly adhered to the economic program agreed with the International Monetary Fund. To date, Thailand has made steady progress in resolving the above problems.

       The economy has been weaker than anticipated, with a decline in real GDP of 0.4 and 8 percent in 1997 and 1998 respectively. A number of external and domestic factors are contributing to this outlook. The continued unsettled conditions in the region are a key factor, reducing export value below previous projections, and delaying the recovery in private capital flows. Domestically, both consumption and investment demand have been weaker than previously expected.

        Nevertheless, in recent months financial conditions have continued to improve. The strengthening of market confidence has extended beyond the exchange rate to declining inflation and interest rates, a rise in the stock market, and a leveling off in indicators of production and demand.

         Under the momentum of the policy initiatives described in this and the following chapters, output could begin rising steadily during 1999. Although growth for the year as a whole is likely to be about 1 percent, this implies a fairly rigorous rebound, reaching 3-4 percent by the fourth quarter of 1999 relative to the fourth quarter of 1998. The external reserve position will be further strengthened, while inflation will be further reduced.

Table 1 : Macroeconomic Framework 1997-1999

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1.2 Fiscal Policy

         Given the weakness in economic outlook, fiscal policy has continued to be assigned the task of supporting domestic demand. The larger fiscal deficit targets for fiscal years 1997/1998 and 1998/1999 are therefore appropriate and consistent with the overall macroeconomic framework.

          The Thai government has adopted an expansionary fiscal policy for fiscal year 1998/1999 to stimulate domestic demand and employment and to finance economic and financial restructuring. The overall public sector deficit for fiscal year 1998/1999 was increased to 5 percent of GDP, compared to about 3 percent of the previous fiscal year. Note that these deficit targets do not include the fiscal cost of financial restructuring.

           In order to achieve the numerical targets, the government has implemented various revenue and expenditure measures including tax refunds due to exporters and corporations, temporary postponement of both the payment of corporate income tax and the remittance of state enterprises’ profits, and removing tax disincentives to corporate debt restructuring. Furthermore, as for fiscal year 1998/1999, the government plans to use foreign financing , about 1% of GDP, to support specific spending projects directed toward social safety net and related labor-intensive investment projects. The government will also continue to accelerate the disbursement of budgetary and nonbudgetary expenditures.

           The two major measures to restructure the financial system that have incurred fiscal costs to the government include (1) the restructuring of the debt structure of the Financial Institution Development Fund (FIDF) and (2) the August 14th Financial Restructuring Package. Such fiscal costs to the government include the principal and interest payments of government bonds issued for the restructuring purposes.

Table 2 : Public Sector Fiscal Operations

Billions of Baht

Fiscal Years

1996/1997

1997/1998

1998/1999

(estimated)

Central Government

1. Total revenue and grants

849

732

789

1.1 Total revenue

844

727

784

1.2 Grants

5

5

5

2. Total expenditure and net lending

916

854

939

2.1 Total expenditure

902

854

929

2.2 Net lending

14

-

10

3. Extrabudgetary fund balance

29

13

-

4. Central government balance

(38)

(109)

(150)

% of GDP

(0.8)

(2.2)

(3.0)

Local governments

0

0

0

Non-financial public enterprises

5. Retained income

117

142

108

6. Capital expenditure

179

174

216

7. Non-Financial public enterprise balance (5-6)

(62)

(32)

(108)

% of GDP

(1.3)

(0.7)

(2.2)

8. Public sector balance (4+7)

(100)

(141)

(258)

% of GDP

(2.1)

(2.9)

(5.2)

       The total value of the bonds issued for the restructuring of the FIDF is 500 billion baht. The issuance of all the FIDF’s bonds will be completed within fiscal year 1998/99. The total value of the bonds for the August 14th package is 300 billion baht, and they will be issued in fiscal years 1998/99 and 1999/2000.

        As noted above that the deficit targets do not include the fiscal costs of financial restructuring, such restructuring tasks actually induce fiscal burdens to the central government in the national budget each year until the debts are fully amortized. In fiscal year 1998/1999, the government will fiscalize financial restructuring cost of around 1.5 percent of GDP. The preliminary estimates suggest that the interest costs associated with all restructuring operations could average around 3-4 percent of GDP on an annual basis in the next few years.

1.3 Monetary and Exchange Rate Policy

         When the actual magnitude of the net official reserves was disclosed for the first time in August 1997 showing the steep decline from over 33 billion USD at the end of 1996 to less than 1 billion USD at end-August 1997 as result of unsuccessful defense of the baht, the market panicked. Even though the government came up with a strong stabilization program supported by the IMF to regain international confidence, the baht continued to lose its value.

          Then, the government set highest priority on regaining confidence and stabilizing the currency value by successfully implementing a tight and prudent monetary policy which so far has delivered very positive outcomes in terms of controlling inflation; stabilizing exchange rate; and lowering interest rates.

         The increased in international confidence is reflected in the appreciation of the baht from 53.7 baht to the USD in January 1998 to around 36 baht to the USD in December. The government has also reduced interest rates without sacrificing exchange rate stability. The money market rates are now in the 4 - 6 percent range, levels below those prevailing prior to the crisis. Bank lending rates have also started to decline, allowing for emerging recovery.

          In view of weak bank lending, the government is now improving terms and mechanisms underlying the loan for export financing, supported by ADB and the Export -Import Bank of Japan, to remove bottlenecks of the expansion of credit to viable firms. Moreover, the government has adopted a program to recapitalize and strengthen the operation of the specialized financial institutions and their regulatory framework, with the cooperation of the World Bank, in order to expand their operation to sectors such as low income housing and small borrowers.

Figure 1 : Money Market Rate and Exchange Rate

2.External Sector

      The balance of payment’s position of Thailand after the crisis has been mixed with rapid adjustments in both the current and capital account. The deteriorating international situation and falling export price have dampened export value for Thai goods and services and caused higher volatility to the rollover rate of maturing liabilities. Nevertheless, the current account balance of 1998 is estimated at 13.5 billion USD in surplus or about 11 percent of GDP, with adjustment coming mostly from the import side. With falling export prices from lowering overseas demand offsetting the relatively slight increased in export volume, the export value in dollar terms decreased by -3.1 percent this year. On the import side, the ongoing recession plunged the import value, down 32 percent this year. The current account balance is expected to record a surplus of about 11 billion USD or 8.5 percent of GDP in 1999 based on continued strength in export volumes and a possible rebound in import demand.

        The capital account balance position in 1998 is expected to record a larger deficit despite an increase of FDI and a recent rebound in the stock market. Regarding the outlook of the capital account in 1999, the deficit is likely to decrease, as the large stock of offshore forward and swap obligations will have been settled by end-1998 and the ongoing corporate debt restructuring package from 1998 will stimulate significant inflow of FDI into Thailand.

         The Bank of Thailand’s gross reserves level at end 1998 is projected at around 28.5 billion USD. Reserves will continue to provide more than full coverage of short-term debt and projected to reach 32 to 34 billion USD at the end of 1999.

          Thailand’s total external debt is at 86.7 billion USD. Although the total sum of external debt did not change much, its composition changed markedly. Short-term private debt decreased by 25 percent ( 34.3 to 25.9 billion USD). Reserve / private short-term debt ratio has increased from 0.79 in 1997 to 1.1 in 1998.

Table 3 : External Account

(Billions of USD)

1997

1998

actual

estimated

Exports

56.7

55.0

Growth rate percentage

3.8

-3.1

Imports

61.3

41.5

Growth rate percentage

-13.4

-32.4

Current account balance

-3.0

13.5

(percent of GDP)

-2.0

11.0

Capital account balance

-15.6

N/A

Overall balance

-18.6

N/A

Gross official reserves (end year)

27.0

28.5

(Months of imports)

5.3

8.3

(Percent of short-term external debt)

127

113

Forward position of BOT (end year)

-18.0

-10.0

External debt *

93.4

86.7

Public sector

24.3

28.5**

Private sector

69.1

58.1

Medium- and long-term

34.8

32.2

Short-term

34.3

25.9

Debt service ratio

(percentage of export earnings)

15.6

24.1

Notes:

* As of September 30th, 1998 only.

** External debt of public sector includes use of IMF credit and other monetary authorities.

3. Financial Sector Restructuring

       Thailand’s financial sector restructuring is the cornerstone of the economic adjustment program and is premised on three main tracks: segregation of viable and unviable financial institutions; strengthening the operations and prudential supervision and regulation of the remaining institutions; and capital market reforms. Through this approach, the Government proceeded with clear principles of transparency, prevention of moral hazard, and consolidation.

3.1 Segregation of Viable and Unviable Financial Institutions

          Prior to entering the IMF Stand-by arrangement in August 1997, the Bank of Thailand recognized the necessity to segregate viable financial institutions from unviable ones in order to maintain the integrity of the overall financial system and provide the basis for the subsequent reforms and rehabilitations. A total of 58 insolvent and liquidity strapped finance companies were suspended, 16 of them on 27th June 1997 and another 42 on 5th August 1997, leaving only 33 finance companies in operation. To prevent further bank runs and systemic risk, as well as to quickly restore public confidence, the Financial Institutions Development Fund (FIDF) was entrusted to provide a guarantee of the deposits and liabilities of the remaining financial institutions. This blanket guarantee will later be phased into a self-financed and limited deposit insurance scheme.

Disposition of the Assets of the Closed Finance Companies

          In October 1997, two important institutions were created as part of the financial restructuring efforts, namely, the Financial Restructuring Authority (FRA), and the Asset Management Corporation (AMC). The FRA was established to review the rehabilitation plans of the 58 suspended finance companies and oversee their liquidation process. The FRA, on 8 December 1997, made an announcement to allow only two of the 58 suspended companies to resume business, Kiatnakin Finance and Securities Public Company and Bangkok Investment Company, while the remaining will undergo a liquidation process. Their assets worth about 860 billion baht were transferred to the FRA to be auctioned off in an orderly and transparent manner and proceeds subsequently repaid to the creditors.

         As of November 1998, the FRA has auctioned assets with a value of about 63 billion baht, comprising 36 billion baht in core assets (which are financial loans and securities loans, e.g. hire purchase loans, mortgage and commercial loans) and 27 billion baht in non-core assets (which are foreclosed assets and companies’ assets, e.g. repossessed vehicles, equity and debt paper, and art objects).

        The third asset sale on 15 December 1998, involved business loan tranches with an aggregate outstanding principal balance of approximately 10 billion USD as of 30 September 1998. The FRA published an the following day the partial results for nine of the totalling 45 tranches in the Business Loan and Unsolicited Bid sale to a total of four bidders and disclosed that negotiations are underway with a number of other bidders on a profit sharing arrangement for a significant portion of the remaining tranches. However, the unsold assets will be repackaged for a second round auction to be held within 3 months.

         The aggregate amount of the winning bids totaled 11,660 million baht, or average 37 percent of the aggregate outstanding balance of 31,757 million baht.

          The second institution, the AMC, is entrusted with the responsibility of bidding for the lowest quality assets of the 56 closed finance companies. They act, therefore, as a buyer of last resort to prevent fire sale of assets, which in turn could undermine underlying collateral values in the total financial system. The assets bought will be managed for resale later.

           Meanwhile, the Radanasin Bank, originally set up as a good bank in January 1998, has found its role somewhat modified in the light of the August 14th package. The Bank was subsequently entrusted to merge with a small-sized bank which had been unable to raise capital in line with its MOU signed with the authorities and was therefore intervened.

Table 4 : Auction Result of FRA

as December 17th, 1998

(millions of baht)

Outstanding balance

Auctioned value

% of outstanding

/appraisal value

Core asset
- hire purchase loans

51,867

24,859

47.9

-mortgage loans

24,600

11,520

47

- business loans and unsolicited bid

31,757

11,660

37

Total

48,039

Non-core assets
- vehicles

N/A

1,302

N/A

- furniture and

N/A

161.6

N/A

office equipment
- arts

11

59.3

539

- text books,

N/A

4.5

N/A

mobile phones and pagers
- golf club

13.9

22.3

160.4

- property

1,064

1,562

146.8

Capital Investment
- government securities

19,489

17,268

88.6

- listed securities

N/A

1,874

N/A

- non-listed securities

N/A

1,382

N/A

- corporate debenture

9,605

4,438.06

58.76

Total

28,073.76

Grand Total  

76,112.76

 

 

3.2 Measures to Strengthen the Remaining Financial Institutions

3.2.1 Loan Classification and Provisioning Standard

        For the remaining domestic financial institutions, the strategy has been to progressively strengthen their capital bases through a combination of more realistic loan classification and provisioning (LCP) and private sector-led recapitalization. Work is also ongoing with regard to the strengthening of the supervisory independence, authority, procedures, and technical capabilities of the bank supervisory function. In connection with this, the restriction on foreign ownership in Thai financial institutions was also relaxed, thereby allowing foreign investors to acquire majority shareholding in local financial institutions for up to 10 years, after which they will be grandfathered as to the amount of shares held and will not be permitted to take up new shares until their ratio is brought down to 49 percent. This was substantially higher than the 25 percent limit applicable previously.

         With a view to upgrading the LCP rules and accounting standard to the international level within the year 2000, the Bank of Thailand announced new asset classification and provisioning requirements. Recognition of accrued interest income was shortened from 12 months to 6 months, and subsequently 3 months, while provisioning requirements were tightened in line with international best practices according to the new categorization of asset classification of current, special mention, sub-standard, doubtful, doubtful of loss and losses. At the same time, the new provisioning rule provides latitude for the gradual phased-in provisioning requirements of 5 accounting periods from the second accounting period (ending December 1998) to the last accounting period (ending December 2000).

         This new requirement inevitably poses a burden on financial institutions in their negotiation with either foreign or local strategic partners, and in raising capital through public offering, especially in an environment of sluggish economic performance and instability in the region. Recognizing this difficulty, the government, on August 14th, announced a package of capital support scheme to assist financial institutions in the recapitalization efforts, both for the tier 1 and tier 2 capital.

         Recognizing the need to strengthen capital bases to cushion against further deteriorating loan portfolio, a series of Memoranda of Understanding were periodically signed between the Bank of Thailand and commercial banks requiring the banks to maintain their capital adequacy ratio at a minimum of 8.5%. As of end-September 1998, commercial banks have successfully raised over 300 billion baht of new capital.

3.2.2 Emergency Decree Enabling Issuance of Government Bond to Restructure the Liabilities of the FIDF

         The ultimate costs of financial restructuring will be offset, to some extent, by asset recovery, dividend and interest payments from institutions, privatization receipts and, ultimately, by the recovery of the economy. Nevertheless, it is recognized that there could be substantial remaining costs which will be borne by the government. As a first step toward meeting these costs, the government agreed to issue 500 billion baht of government bonds to restructure the liabilities of the Financial Institutions Development Fund. Additional losses will be fiscalized by the government over the next two years. Thus far, 400 billion baht worth of bonds have been issued, with a maturity ranging from 1 year to 10 years. This would provide a benchmark yield curve for the corporate sectors to re-access the capital market through the issuance of medium to long-term debentures.

3.2.3 Intervention in Banks and Finance Companies Unable to Recapitalize

           The authorities had hoped that the closure of unviable finance companies together with the strengthening of prudential supervision and regulation would permanently segregate the viable and performing financial institutions from unviable ones. However, with deepening economic recession and escalating non-performing loans, strong and solvent financial institutions can also turn unviable if recapitalization efforts do not proceed on a timely basis. It was precisely this that, despite persistent efforts in finding strategic partners to help recapitalize, several financial institutions remained unable to recapitalize according to the timeframe. The Bank of Thailand was, therefore, left with no choice but to decisively intervene in a total of 6 commercial banks and 12 finance companies in 1998. The problem of moral hazard was mitigated by first writing down the registered capital and removing management before the injection of new capital through debt-to-equity swaps. This action was premised on the principle that existing shareholders will be the first to bear losses while depositors will be protected in full, and the integrity of the financial system shall be preserved at all times.

Table 5 : Banks and Finance Companies in Thailand

 

Banks

Finance Companies

 

Intervened

Total Remaining

Closed / Intervened

Total Remaining

End-1996

-

15

-

91

Dec 1997

-

15

56 closed

35

Jan 1998*

1

16

-

36

Feb 1998

3

16

-

36

May 1998

-

16

7 intervened

36

Aug 1998

2

16

(13 after consolidation is completed)

5 intervened

36

(24 after consolidation is completed)

* Cabinet approved the proposal of establishing the Radanasin Bank and its subsidiaries, Radanatun Finance and Radanasup Securities, in January 1998. Radanasin Bank started operation on March 16th, 1998 and Radanatun Finance on February 23rd, 1998.

3.2.4 August 14th Package and Financial Sector Consolidation

        On 14th August 1998, the government announced a comprehensive financial restructuring package to provide resolute and forceful actions to address the outstanding weaknesses in the financial sector. The financial restructuring plan focused on 4 main aspects: (1) accelerated consolidation of bank and finance companies through additional interventions; (2) encouragement of private investment to the banking system; (3) provision of public funds to recapitalize all remaining financial institutions; and (4) development of framework for the creation of private asset-management companies.

         With the above objectives, the augmented restructuring strategy is focused on the following elements: (i) the commitment of funds to assist in the restructuring efforts of viable banks and finance companies; (ii) incentives for accelerating corporate debt restructuring pari passu with recapitalization; (iii) the efficient management of non-performing assets; (iv) the exit, merger, or sale of nonviable banks and finance companies; (v) equitable loss-sharing arrangements, containment of public sector costs, and the avoidance of moral hazard; (vi) the strengthening of prudential supervision and the accelerated adoption of international best practice; and (vii) operational restructuring of state banks and their preparation for eventual privatization.

Box A: August 14th Package I - Capital Support Facilities

        The capital support schemes are aimed to provide funds to assist with the recapitalization of the viable financial institutions, and to resume normal but prudent lending. One scheme is aimed at catalyzing entry of private capital. The other scheme provides financial resources and incentives to accelerate corporate debt restructuring and encourage new lending.

Tier 1 capital support facility

       Objectives: Under this scheme, the government essentially helps to recapitalize the good assets of the institutions. As a first step, they will be required to adopt up-front the end-2000 LCP rules. Although this will bring forward provisioning requirements, it will remove uncertainties associated with bad loans, and provide the basis for resumption of normal lending practices.

      Safeguards: This facility includes the following safeguards: First, the costs associated with bringing forward the end-2000 LCP rules will be borne by existing shareholders. Second, the new injections of public and private capital will have preferred status over existing shareholders, thus ensuring that the existing shareholders will be the first to bear losses on the old portfolio. Third, the government or the new investor will have the right to change existing management. Fourth, resources will be made available to these institutions provided their restructuring plans have been approved by the BOT.

      Capital injections: The capital injections under this facility will take the form of the placement of tradable government bonds, and subject to the following conditions: (i) after full provisioning and up-front write-off , if the Tier 1 capital adequacy ratio (CAR) falls below 2 ½ percent, the government would be prepared to recapitalize the institution up to this level; (ii) beyond this level, the government would inject Tier 1 capital up to the amount provided by private investors. We will be supportive of institutions’ efforts to recapitalize above the regulatory minima, thus providing them with room necessary for adequate provisioning and new lending.

Tier 2 capital support facility

       Objectives: This facility provides additional incentives to facilitate corporate recovery through the provision of Tier 2 capital.

       Safeguards: The safeguards include the requirement that eligibility is dependent upon a legally binding debt restructuring agreement between the financial institution and the debtor. In addition, the institutions will need to satisfy the BOT that the debtor has been able to service the loan according to BOT regulations on corporate debt restructuring (which require that borrowers meet their obligations for three consecutive payment periods or at least three months). The BOT will regularly conduct ex-post audits of the restructuring agreements.

       Capital injections: Capital injections under this facility will take the form of the exchange of nontradable government bonds for bank’s debentures, subject to the following terms and conditions: (i) the total amount eligible for Tier 2 capital injection would comprise write-offs, net of amounts provisioned, as well as 20 percent of the net increase in outstanding loans to the private sector; (ii) while each institution would be eligible to receive a maximum amount equal to 2 percent of risk weighted assets, total Tier 2 support for increase in net lending will be capped at 1 percent of risk weighted assets; (iii) no single debt restructuring agreement would be eligible for more than 10 percent of the amount available to the institution; and (iv) as an additional incentive to stimulate early corporate debt restructuring and to increase net lending, the injection of Tier 2 capital will be graduated. Since drawn downs under this facility would be in the form of Tier 2 capital, based on commercial terms, this facility would not impose a burden on public finances.

       Additional incentives: Financial institutions which adopt up-front the end-2000 LCP rules will be allowed to phase write-offs for debt restructuring over a five year period, hence providing some additional, temporary relief to capitalizing banks.

 

Box B: August 14th Package II -

Resolution Strategy for the Intervened Banks and Finance Companies

     Resolution strategy for the intervened banks must adhere to the following key principles:

    • Be cost efficient
    • Facilitate consolidation of the banking sector
    • Allow for new domestic and foreign investment
    • Be credible and transparent
    • Enhance confidence in the whole banking system
    • Be consistent with the capital support facilities

      With the above objectives, the following resolution strategies have been developed:

Bangkok Metropolitan Bank (BMB) and Siam City Bank (SCIB): It is proposed to privatize these banks. In preparations for this, the end-2000 LCP rules will be brought forward and the banks recapitalized through a debt to equity conversion of outstanding FIDF lending. The new investors could bid for up to 100 percent of the entire bank, and absorb all assets and liabilities, including the nonperforming assets. However, the government will be prepared to provide a loss-sharing or stop-loss guarantee on nonperforming assets, as well as a guaranteed annual yield to service the liabilities. Potential investors will have to specify in their bids the type of stop-loss and yield guarantee they require.

First Bangkok City Bank (FBCB): FBCB has been absorbed by Krung Thai Bank (KTB) under the same loss sharing arrangement as the privatization of the above two mentioned banks. The integration of FBCB with KTB has been proposed because FBCB’s branch network complements that of KTB. KTB has taken over the staff and all the FBCB branches and will have the right to later rationalize staffing and the branch network.

Bangkok Bank of Commerce (BBC): All performing assets and liabilities of BBC have been transferred to KTB. The staff, branches and non-performing assets remain in BBC, which have been turned into a special financial institution, AMC, owned by FIDF. FIDF will determine the process of winding down BBC (by end-1999) with the aim: (i) to maximize loan recoveries; (ii) to rationalize the staff; and (iii) to wind down and sell off branches.

Union Bank (UBB): and the newly intervened finance companies will be managed and eventually integrated with Krungthai Thanakit (KTT).

Laem Thong Bank (LTB): has been integrated with Radanasin Bank. While this has further raised the share of the state in the banking system, it remains our intention to seek a strategic investor for Radanasin Bank and to prepare KTB and KTT for privatization.

As illustrated in Table 6, the Thai Government has made notable progress in the implementation of August 14th Package. The process of consolidation of the intervened financial institutions is satisfactorily on track and plans for their subsequent privatization are being designed.

Table 6 : Progress of August 14th Package

(1) Intervened banks

Measures

Status

BMB and SCIB : privatization
  • Recapitalization to 8.5% of risk-weighted asset.
  • Selection of financial advisors for privatization.
  • Cabinet approval of modalities for the resolution of non-performing loans of BMB and SCIB.
  • Evaluation of bids.
  • Selection of the winning bids.
 

Completed

Completed

Dec 31st,1998

Feb-Mar,1999

Mar 31st,1999

BBC : transformed to a non-bank financial institution (AMC)
  • BBC operation restricted.
  • Announce the absorption of performing assets, deposits and other liabilities.
  • Terminate the management contract with IFCT.
  • Transfer of performing assets, deposits and other liabilities to KTB.
  • BBC’s AMC established and banking license revoked.
  • Adopt plan for effective closure of BBC by the end of 1999.
 

Completed

Completed

Completed

 

Completed

Ongoing

Dec 31st, 1998

FBCB : integrated with KTB :

  • KTB management to take charge of all FBCB operation.
  • Announce modalities for the integration with KTB.
 

Completed

Completed

  • Fully integrated with KTB
Completed
  • First round of recapitalisation of KTB
  • Cabinet approval of loss sharing arrangement for KTB.
  • Revocation of FBCB’s license.
Completed

Jan 31st,1999

Mar 31st, 1999

LTB : integrated with Radanasin Bank
  • After full provisioning, recapitalization of LTB to 8.5 % of risk-weighted assets based on BOT examination.
  • Adopt plan for completing LTB’s integration with RAB.
  • Recapitalization upon BOT’s approval of operational plan.
  • Privatization of RAB
 

Completed

 

Completed

Completed

Mar 31, 1999

UBB : integrated with KTT

  • Recapitalization of UBB to 8.5 % of risk-weighted assets, based on BOT examinations.
  • MOF and BOT to finalize plans for KTT’s recapitalization and its integration with the twelve intervened finance companies.
  • Complete the integration of KTT with the twelve finance companies.
  • complete UBB’s integration with combined KTT, including recapitalization of the combined entity.
 

Completed

Ongoing

 

Jan 15th, 1999

Feb 28th, 1999

(2) Implementation of Tier 1 and Tier 2 Capital Support Facilities

Measures

Status

  • Appointment of Financial Restructuring Advisory Committee (FRAC) to monitor Tier 1 and Tier 2 capital support schemes and other aspects of financial and other aspects of financial sector restructuring.
  • Issuance of detailed guidelines for participating in the recapitalization schemes by FRAC
Completed

 

 

 

Completed

(3) Tighten Prudential Regulation and Supervision: Loan Classification and Provisioning Standard

Measures

Status

  • Announcement of new asset classification and provisioning requirement from 12 months to 6 months and subsequently 3 months.
  • The overall CAR ratio to remain at 8.5 percent for banks; 8 percent for finance companies, with the Tier 2 component increasing from 30 percent to 50 percent of the capital base, in line with BOT announcement.
  • 1 percent provisioning requirement for performing loans to qualify for Tier 2 capital
  • Issue new prudential regulations, including foreign exposure and lending to related parties, based on new Financial institutions Law.
Completed

 

Completed

Completed

 

Mid-1999

3.3 Capital Market Development

     Key policy objectives of capital market reform are the promotion of transparency and promotion of direct financing or disintermediation. In this connection, amendment of the Securities and Exchange Act is in process which would focus on disclosure of information. In addition, through collaboration with international experts, the Ministry of Finance and the Bank of Thailand are currently working on the promotion of the primary market for domestic government bonds; an efficient domestic secondary government bond market; and a sustainable domestic bond market and comprehensive debt management capacity.

     The Government also established the Secondary Mortgage Corporation (SMC) in June 1997 to securitize housing loans by issuing mortgage-backed securities of up to B 40 billion. In terms of progress to date, the Bank of Thailand has accorded SMC bonds – the instrument to be used in the exchange for mortgage loans - the same status as state enterprise bonds which would make them eligible for financial institutions to hold as reserve assets.

4. Corporate Debt Restructuring

    The process of corporate debt restructuring is an integral part of the restructuring of the non-performing loans, hence the overall financial system. To this end, the Bank of Thailand, in cooperation with the 5 associations, namely the Board of Trade, Federation of Thai Industries (representing debtor companies) and the Thai Bankers’ Association, Association of Finance Companies and the Foreign Banks’ Association (representing the creditor groups) have set up a Corporate Debt Restructuring Advisory Committee (CDRAC). On 3rd August 1998, these associations signed on to a Framework for Corporate Debt Restructuring - the so-called Bangkok Approach, modeled along the London Approach.

4.1 Progress of CDRAC

         On 13th October 1998, the CDRAC accepted 200 target cases of debt workouts proposed by the member associations. These target cases involve 353 companies with debt and overdue obligations totaling 674,326 million baht. The cases have been proposed and accepted as they involve complicated multicreditor-type of debt restructuring that requires outside mediator role. As of December 15th, 1998, 5 cases have successfully agreed on the terms of the restructuring: a local cement company, two steel companies, a mining company, and a telecommunications firm. The Committee is also closely monitoring the progress on the amendments of the various tax and fee structures for the transfer of ownership of assets (underlying collateral) that would facilitate the process of debt restructuring. Subsequently, the Joint Public-Private Sector Committee established debt restructuring forum at the provincial level to be chaired by provincial governors.

         Separately, financial institutions creditors and debtors are also negotiating simpler debt restructuring cases and are required to report the results to the authorities. As of end-October 1998, financial institutions have completed 660 cases of debt restructuring, totaling 36,557 million baht (comprising of 9,707 million baht in the manufacturing sector; 3,355 million baht in construction; 6,189 million baht in real estate; 361 million baht in the exports sector; and 16,945 million baht in other sectors). There are 2,390 other cases still in process of restructuring, totaling 569,484 million baht.

Table 7 : Progress of Corporate Debt Restructuring

Elimination of tax disincentives

Measures

Status

  • Removal of tax impediments to corporate debt restructuring with appropriate safeguards and applicable only to restructuring plans consistent with BOT regulations applicable to all creditors who participate in a restructuring agreement with a financial institution.
  • Tax code: Implement full tax deductibility for provisioning to meet the year 2000 standard, even if provisioning is accelerated
Completed

 

 

Completed

Monitoring system
  • Based on data from CDRAC’s enhanced monitoring system, the government will update its estimate of progress in corporate debt restructuring as of November 30th, 1998 and will thereafter provide monthly updates.
  • On this basis, CDRAC will announce improved sequencing of voluntary workouts.
Completed

 

 

December 31st, 1998

Mechanism to resolve disputes among creditors December 31st, 1998
BOT will review options as follows:  
  • To encourage creditors to choose between a voluntary restructuring process, court -supervised reorganization, or bankruptcy within 90 days of the initial meeting between lead creditor and debtor.
  • To encourage creditors to develop a mechanism for arbitrating disagreements between themselves. In this regard, BOT will provide creditors with a draft arbitration contract for their consideration.
  • If creditors are unable to devise a mechanism for facilitating agreement on a restructuring plan, BOT will use its own authority to resolve disputes among financial institution creditors that arise during voluntary corporate workouts.
 

 

 

 

 

Delinquent debtors

December 31st, 1998

CDRAC will explore possible actions with respect to firms that willfully neglect to resolve or restructure seriously delinquent debt obligations.

 

Information sharing among creditors

December 31st, 1998

BOT will direct the establishment of a Credit Bureau, for full exchange of information among creditors (for all banks, including finance companies, trade creditors, and branches of foreign banks, to participate).

 

Debt/equity conversions and efficient sale of assets

 
  • Remove the investment limits for financial institutions’ holdings in companies, in the context of debt restructuring.
  • The formation of a Working Group, with public and private sector representation, to identify potential impediments to the efficient sale of distressed debt, sale of converted equity, or professional management of converted equity on behalf of financial institutions.
  • If necessary, the Cabinet will amend relevant regulations or submit necessary legislation to Parliament to facilitate the disposition and effective management of converted equity.
Done

 

Done

 

March 31st, 1999

State-owned financial institutions

Ongoing

The government will authorize state-owned financial institutions to exercise their role as creditors to speed up corporate debt restructuring. This strategy is intended to support the position of majority creditors in restructuring.

 

 

4.2  Elimination of Tax Disincentives

       The government is committed to facilitating the process of corporate debt restructuring through tax and legal reforms. Toward this end, the government has eliminated impediments to restructuring by removing tax disincentives, with appropriate safeguards and applicable only to restructuring plans consistent with the Bank of Thailand regulations. These apply to all creditors who participate in a restructuring agreement with a financial institution. These measures include:

Temporary measures, expiring December 31st, 1999:

    1. Deduction of written-off debt from taxable income for the creditor.
    2. Elimination or deferral of corporate income tax on written-off debt for the debtor.
    3. Elimination of all taxes on asset transfer from debtor to creditor (income tax, special business tax, stamp duties, and VAT).
    4. Elimination of taxes on accrued but unpaid interest, and the limitation of taxation on restructuring involving interest rate reductions by creditors.

Permanent measures to facilitate restructuring:

  1. Provision for tax-free mergers and noncash acquisition of assets, in cases of 100 percent mergers.
  2. Elimination of income tax on short-selling transactions.
  3. Elimination of VAT and specific business tax on the transfer of assets to Special Purpose Vehicles (SPV).

4.3 Legal Amendment

       The market-based strategy to corporate debt restructuring can only succeed if the incentive structure drives both debtors and creditors to accelerated negotiation and resolution. Thus, it remains crucial to strengthen bankruptcy legislation and to reform judicial foreclosure proceedings and secured lending legislation as much as possible. Additional amendments to the bankruptcy law to facilitate corporate rehabilitation and debt restructuring are now in the process of second and third readings in the House of Representatives after passing first reading on September 24th, 1998.

       Regarding foreclosure and the enforcement of security rights, the House of Representatives is now considering the amendments to the Code of Civil Procedure which should significantly accelerate judicial proceeding applicable to the enforcement of mortgages. Additional amendments are in preparatory stage, particularly to the current regime of security rights, seeking to broaden the range of assets that could serve as collateral, and introduced regime of centralized registration.

Table 8 : Legislation to be Amended

Legislation

Objective

Status

Bankruptcy Law To facilitate corporate rehabilitation and debt restructuring In the process of second and third readings.
Foreclosure proceedings (Code of Civil Procedures) To streamline court process for settlement of claims Two of three amendments passed first reading in Lower House
Foreclosure Law (Civil and Commercial Code) To increase the provision of secured credit Preparatory stage

 

5. Social Safety Net

     With the depth of the recession more severe and prolonged than anticipated, the development of an adequate social safety net to minimize the impact of the crisis on the most vulnerable remains a key priority of the Chuan’s administration.

      The bulk of the additional fiscal stimulus in 1998/1999 focuses on social safety net, including job training and labor intensive projects. This program has been carefully designed in consultation with major nongovernmental organization and labor leaders, to avoid distortions into Thailand’s relatively free and well functioning labor market.

      The social safety net regime is being implemented, with the support of the World Bank, the ADB, and the Overseas Economic Cooperation Fund to provide 2 years employment to a significant proportion of those who have become unemployed during the crisis and to provide free medical treatment and the improvement of rural health-care facilities.

      The government has also decided to enhance opportunities for the unemployed to become entrepreneurs through expanded micro-credit programs and training program and to upgrade skills of a target group of new entrants into labor market .

      In addition, since the reduction in incomes has resulted in a sharp rise in the dropout rate of students and an increase in child labor, the government has provided additional budgetary allocation for the secondary education loan program to students whose families can no longer afford tuition payments. This program will supplement an existing grant program for primary education financed by the ADB. The school lunch program is also being expanded its coverage from 30 percent of all students to 35 percent.

      Furthermore, the provision of Labor Protection Act will soon be implemented to provide a public compensation fund for unpaid severance payments. It will be financed by fines from violations of the Labor Protection Act and the income tax on severance payments will be exempted.

      Besides the above additional national spending to alleviate social impacts during this major recession, the government has also externally financed an independent project to further strengthen the social safety net. The Social Investment Program (SIP) is aimed to help protect the unemployed, the underprivileged, and the poor from the emerging adverse social impacts.

      The SIP is a project loan from the World Bank and the OECF that finance 90 percent from loan disbursement and 10 percent as the counterpart fund from the national budget. The project management activities are also financially granted by UNDP and AusAid. The total cost of the SIP is approximately 22 billion baht. The project activities and disbursement are expected to start in January 1999.

 

6. Market Opening Policy

6.1 Privatization

     Privatization of state enterprises remains the government intention to increase the role of the private sector in the economy which can make a significant contribution to solving the crisis, increasing efficiency of the economy, and improving the welfare of all Thai citizens.

     The Master Plan for State Enterprise Reform approved by the Cabinet on September 30th, 1998 set out the framework for privatization of key sectors, principles of regulatory bodies, and sequencing of divestiture. This plan will serve as the basic guideline for the reforms, and as a reference document for government agencies as well as the public sector.

      The government has also introduced a fast track schedule for the sale of shares of several state enterprises and has made their divestiture visible. The enterprises currently on the fast track which are expected to complete within 1999 include Thai Airways International Plc., Airport Authority of Thailand, ESSO (Thailand), and Ratchburi Power Plant.

      Most of the sale progress is in the energy sector. Petroleum Authority of Thailand (PTT) is in the process of restructuring its subsidiaries before being privatized in 2000. The restructuring requires rationalization of its investment portfolio and debt restructuring. PTT will be set to emerge as a national integrated oil and gas company after being privatized.

      To date, PTT has sold its stake in PTT Exploration and Production (Public) Co.Ltd. according to the Cabinet Resolution on November 4th, 1997.

      In addition, there was a sale of the Electricity Generating Authority of Thailand (EGAT)’s stake in the Electricity Generating (Public) Co.Ltd. (EGCO).

      For other state enterprises, their development remains at the preliminary stage of rationalization of organizational structure and system to accommodate privatization program.

      Public share offerings for certain state enterprises are confined to those who have corporate status. Therefore, there is a necessity to introduce a Corporatisation Law as an alternative in transforming the whole equity of state enterprises into share equity, converting authorized state enterprises into “Company Limited” or “Public Company Limited” and corporate under the Civil and Commercial Code.

      According to the Act, the government would be 100 percent shareholder to maintain rights and privileges of state enterprises in the early stage of transformation. The transformation process would not cause any immediate change in management structure and employee status.

      The Cabinet approved the principle of Corporatisation Act on June 2nd, 1998. It is currently in the process of approval by the Parliament.

      Furthermore, the amendment of the 1954 Aviation Act to permit Thai Airways International (Public) Co.Ltd. to sell a significant stake to domestic and foreign investors is also under the consideration of the Parliament.

6.2 Foreign Ownership of Business Activities

     The Cabinet approved on August 18th, 1998 the amendment of the Alien Business Law to enhance competitiveness and to promote transparency with regard to increase liquidity in key sectors and to comply with international obligations. It is currently in the process of Parliamentary approval.

     The amendment has the following criteria:

    • set up principle of freedom of business activities by foreigners except in those cases specifically restricted under two existing lists.
    • Further liberalize a number of business activities, including brokerage services, wholesale and retail trade, construction, non-silk textile, garment, footwear, hotel, beverage production, auction business, etc.
    • Reserve for Thai nationals (but open to foreign investment if approved by the Cabinet/Minister of Commerce) activities relating to: (1) national safety and security, culture, traditional folk handicraft, as well as national resources and environment; and (2) activities restricted because of specified and well justified strategic reasons.
    • Classification of activities will be reviewed by an advisory committee of both public and private sector representatives, and eminent persons on an ongoing basis.

6.3 Foreign Ownership of Real Estate

      On August 4th, 1998, the cabinet approved the amendments of Land Code and Condominium Act which are currently in the process of parliamentary approval to eliminate restrictions on foreign ownership of property. The amendments are as the followings:

    • allow individual foreign investors investing specified amounts in activities of productive interest for Thailand to own up to one rai (0.4 acre) of residential land;
    • allow Thai citizens married to foreigners to own land;
    • permit foreigners to purchase 100 percent of condominium buildings of 5 rai (2 acres) or less during the next five years; and
    • amend the lease provisions of the Civil and Commercial Code to provide personal right appretaining to real estate property instead of real right and the period of lease of selected real estate property has been limited to no less than 15 years but no more than 30 years, may be renewable for additional 30 years. The exact modalities will be defined in the law.

7. Political Environment

        Prime Minister Chuan Leekpai came to power in November 1997, leading a five-party coalition government with a slim majority of 208 votes in a 393 seat Parliament. In October 1998, the sixth party, Chatpattana Party was invited to join the coalition, bringing the number to a comfortable 259 votes. As such the present government enjoys a very high level of political stability with strong support both from the Parliament and from the public at large.

       The coming into effect of the New Constitution in October 1997 would bring about many positive and desirable changes to the domestic political system such as a new election process with party lists, people’s rights to inspect administrative power, and government service reform. The government, working in cooperation with the Parliament, is making preparations including enacting many organic laws, to lay a strong foundation for effective government.


FOR FURTHER INFORMATION, PLEASE CONTACT:

International Economic Policy Division
Fiscal Policy Office
Ministry of Finance
Rama VI Road.
Bangkok 10400 Thailand
Tel. (02) 273-9020 Ext. 3601
Fax. (02) 273-9059
chularat@vayu.mof.go.th
http://www.mof.go.th

 

Financial Market Development Group
Economic Research Department
Bank of Thailand
273 Samsen Road, Bangkhunprom
Bangkok 10200 Thailand
Tel. (02) 283-5641
Fax. (02) 282-5082
Chantavs@bot.or.th
http://www.bot.or.th


Posted: 06/01/99 14:53:12 SE Asia Standard Time