You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

September 10, 2024

Fintech Insights: E-payments in Thailand

In recent years, Thailand has witnessed a significant transformation in its financial landscape, particularly in the rapid adoption of financial technology (fintech). At the forefront of this evolution are electronic payment systems and services, which have revolutionized how individuals and businesses conduct financial transactions.

This transformation has been driven by both traditional financial institutions and alternative financial service operators. Overseeing this dynamic landscape are two primary regulators: the Bank of Thailand (BOT) and the Securities and Exchange Commission (SEC).

This article explores the development of electronic payment systems in Thailand, with a particular focus on the Payment Systems Act (PSA) of 2017 and its role in shaping the fintech ecosystem.

Payment Systems Act

In October 2017, Thailand took a significant step forward in regulating its burgeoning electronic payment sector by adopting the Payment Systems Act. This landmark legislation was designed to create and ensure electronic payment system stability and enhance consumer protection in the digital financial realm. The PSA establishes a comprehensive framework by categorizing electronic payment businesses into two main categories: payment systems and payment services.

Electronic Payment Systems under the PSA

The PSA recognizes two types of electronic payment systems that require specific licenses or registration:

  • Central or network systems. These include systems that act as a center or network between service users for fund transfers, clearing, or settlement. Examples include:
    • Inter-institution Fund Transfer System
    • Payment card networks
    • Settlement systems
  • Systems of public interest. This category encompasses any other payment systems that may affect public interest, public confidence, or the stability and security of the payment infrastructure.

Electronic Payment Services under the PSA

The PSA also identifies several electronic payment services that require specific licenses or registration:

  • Credit cards, debit cards, and ATM cards
  • Electronic money
  • E-payments
    • Acquisition
    • Payment facilitation
    • Receipt of payment on behalf of others
  • Electronic fund transfer
  • Other payment services that may affect financial systems or public interest

Looking Ahead

As Thailand continues to embrace digital transformation in its financial sector, the PSA serves as a solid foundation for future developments in payment technologies. The regulatory framework established by this law provides a structure for the ongoing evolution of electronic payment systems in the country.

The BOT and SEC continue to play pivotal roles in shaping the future of electronic payments in Thailand. Their ongoing efforts to balance innovation with stability and consumer protection will be crucial in maintaining Thailand’s position as a fintech leader in Southeast Asia.

For businesses operating in or looking to enter the Thai fintech space, understanding and navigating the PSA is essential. As the electronic payment landscape continues to evolve, companies should stay informed about regulatory updates and be prepared to adapt their services to comply with the PSA’s requirements. This proactive approach will not only ensure regulatory compliance but also position businesses to capitalize on the growing opportunities in Thailand’s evolving electronic payment ecosystem.

RELATED INSIGHTS​ 

July 25, 2022
Vietnam’s current Law on E-Transactions was passed in 2005 and has been effective since March 1, 2006. This law is considered a framework law, developed based on the Model Law on E-Commerce of the United Nations Commission on International Trade Law (UNCITRAL). According to the Ministry of Information and Communications (MIC), over the past 17 years, the implementation and application of e-transactions has shown significant evolution in certain areas demanding high levels of international integration, such as banking and e-commerce, but has faced difficulties in other areas due to a lack of detailed guidance. In addition, with the strong growth and breakthrough development of digital technologies such as artificial intelligence, big data, biometrics, and blockchain, and in the context of the ongoing Industrial Revolution 4.0 and the development of digital government, digital economy, and digital society, the 2005 Law on E-Transactions has revealed its shortcomings. Therefore, the government of Vietnam has entrusted the MIC to take the lead in drafting a new Law on E-Transactions, which will replace the old 2005 law in order to meet the country’s development needs. Accordingly, the MIC published a Draft Law on E-Transactions (“Draft Law”) for public consultation from May 4 to July 4, 2022. The latest accessible version of the Draft Law at the time of writing is Version 4. The effective date of the Draft Law is still not yet determined, though this law is expected to be submitted to the National Assembly for its review and comments in October 2022 and approval in May 2023. The following are some key contents of the Draft Law: 1. Scope of Application Unlike the current law, which explicitly excludes certain areas such as the issuance of certificates of land use rights and marriage certificates from the scope of application, the Draft Law attempts
July 19, 2022
On June 23, 2022, Thailand’s Securities and Exchange Commission (SEC) opened a public hearing period on regulatory controls for initial coin offering (ICO) portals that serve as financial advisors to digital token issuers. The proposed measures aim to prevent conflicts of interest; allow ICO portals to outsource certain functions; and establish additional notification obligations for ICO portals. The public hearing is open for general comments until July 23, 2022, and the new legislation is expected to be issued soon after that. During the public hearing period, any interested parties can comment on the SEC’s proposed principles. The key proposed points are outlined below. Conflicts of Interest Similar to SEC-approved financial advisors for securities offerings, ICO portals must be clear of conflicts of interest when representing issuers in a coin offering. According to the draft regulation, the following conflicts of interest are prohibited: The ICO portal (and certain individuals as specified by the SEC) directly or indirectly holds a prohibited amount of shares in the issuer, its affiliates, or its subsidiaries. If the issuer is not a listed company, any shareholding or portion thereof is prohibited. If the issuer is a listed company on the Stock Exchange of Thailand (SET), the shares held by the ICO platform may not total more than five percent of the total voting rights. The issuer (and certain individuals as specified by the SEC) directly or indirectly holds shares in the ICO portal in any amount if the ICO portal is not a listed company, or totaling more than five percent of the voting rights if the ICO portal is listed on the SET. Any of the ICO portal’s directors or executives, or the head of the department responsible for screening the ICO project, is also a director in the issuer. The ICO portal has
June 30, 2022
On May 30, 2022, Thailand’s Securities and Exchange Commission (SEC) announced that it would start regulating ready-to-use utility tokens, a type of digital token that had previously been exempted from the SEC’s approval and regulatory control. A public forum was open for comments from various stakeholders until June 29, 2022, and the draft regulation is expected to be issued soon. So far, the SEC has only supervised the issuance of not-ready-to-use utility tokens—digital tokens with the underlying right to acquire specific goods or services, which cannot be utilized upon issuance but at a later date. Due to the growing digital asset industry and lack of regulatory control, ready-to-use utility tokens have become more popular and many are listed for trading in digital asset exchanges. The SEC claimed that it is now necessary to regulate ready-to-use utility tokens as some issuers appeared to be exploiting the regulatory loophole to manipulate the price and supply of these tokens in both the primary and secondary markets, while providing insufficient data disclosure to investors. The SEC’s proposed principles include the following key points: Pre-Approval Requirements The same pre-approval requirement applicable to not-ready-to-use utility tokens will apply to ready-to-use utility tokens which an issuer intends to list on a digital asset exchange. This means that the issuer must proceed with the standard formalities, i.e., obtaining prior approval from the SEC, filing a draft prospectus, and offering the approved tokens via a SEC-approved ICO portal operator only. The SEC offers a fast-track (15 days) approval for qualifying ready-to-use utility tokens, which are those with plain-vanilla characteristics; with an offering price corresponding to the value of the underlying goods/services; for which the supply of goods and services does not vary with the price of the tokens (i.e., fixed coins); and which are not intended to be
February 21, 2022
On February 14, 2022, Thailand’s Securities and Exchange Commission (SEC) announced a public hearing period on proposed advertising regulations for digital asset businesses. The public hearing period is now open for general comments until March 15, 2022. In the announcement, the SEC expressed their intention to provide clear digital asset advertising principles that conform to regulations in other countries, such as Singapore, the UK, and Japan. The SEC, in a meeting on February 3, agreed that the principles to be developed should apply to all digital asset businesses operating in Thailand. During the public hearing period, any interested parties may comment on the SEC’s proposed principles, which include the following key points: Advertisements that educate, inform, or give facts about digital assets, investments or services, or that provide an overall picture of digital assets, must not exaggerate, distort, or conceal information, or otherwise mislead consumers. In addition, advertisements that refer to customer numbers must only indicate the number of customers who have received approval to open an account and who are ready to use the service. Advertisements must be clear and appropriate, provide a warning on investment risks, and include clear and noticeable SEC-mandated statements in the font size stipulated by the SEC. Advertisements that present positive information or suggest an opportunity to receive returns must provide a balanced view that also discloses negative information or states investment risks. Advertisements relating to cryptocurrencies can only be made via a business operator’s official channels (e.g., the operator’s website, app, or other official online channel), and cryptocurrency cannot be advertised in public areas (e.g., billboards, public transportation, websites, newspapers and periodicals, etc.). However, advertisements for the services of a digital assets business can still be made in public areas and other channels. For example, this can be understood as meaning that