Abstract:
At the present time, Small and Medium Enterprises (hereinafter: SMEs) are facing a marketing problem, especially a marketing on channel distribution like places of selling or service. Furthermore, such problem also leads to a lack of competitiveness problem and a problem of reliability on an online commercial. To analyze legal measures on this issue, which promotes marketing distribution in Thailand, namely the Act on Promotion for Small and Medium Enterprise B.E. 2543t, requires to be a promotion plan and seems to be a well encourage in promoting marketing on channel distribution. However, such policies, in reality, are discontinuity caused by lack of political stability, lack of integration between policy executors and lack of legal measures, these are causing an ineffective to the promotion of Thai SMEs. Taking into account legal measures used in general business in order to apply for support the marketing on channel distribution for the SMEs, it is found out that, the Act on Direct Sale and Marketing B.E. 2545, it is a law provision obliges entrepreneur to hand a written document of sale to consumer, this is, therefore coming into collision with the Electronic Transactions Act B.E. 2544, which a sending of electronic document like email is certified. Moreover, the draft of Retail and Wholesale Business Act and the draft of Franchise Act that deal with middleman in channel distribution cannot give support to SMEs entrepreneurs because of obstacle provisions, for instant, a provision to force SMEs engaging in retail and wholesale to run business in distance area, or the specification required to apply for franchise is not suit to the characteristics of SMEs. Likewise, a legal measure that targets to promote online commerce for SMEs, explicitly the Escrow Agent Act B.E. 2551 is thus not appropriate to the SMEs business, because of high fees of service person and lacking of liquidity in revolving fund for the business. Also, while the Trade Competition Act B.E. 2542, which is still an ineffectiveness of enforcing the law. In comparison, South Korea and Japan use legal measures to specially promote the marketing on channel distribution for SMEs so as to find market or place of selling or services for the SMEs. Additionally, make confidence to the SMEs and consumers in consuming an online merchandise or service. In conclusion, the current using of legal measures to fix the problem of channel distribution in Thailand is lack of effectiveness, the domestic law revision is needed in order to excellently support and promote the channel distribution in selling goods or services for the SMEs.