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

March 19, 2014

Lex Mundi Global Practice Guide: Restrictions and Incentives on Ownership of Farmland

Lex Mundi and Tilleke & Gibbins

Agricultural expansion through farmland has been a key driver of growth in several parts of the world to cope with the increasing needs for food. In many jurisdictions, the ownership and possession of farmland by foreigners has been subject to restrictions and incentives. This Global Practice Guide: Restrictions and Incentives on Ownership of Farmland, prepared members of the Lex Mundi Agribusiness practice group, provides insights for agribusiness companies and investors regarding potential opportunities and restrictions in this burgeoning area. The overview for Thailand is provided below, while the full guide can be found on the Lex Mundi website.

1. How is farmland typically defined? Please include details of any usage and size requirements if applicable.

Under the Agriculture Land Reform Act B.E. 2518 (1975), “farmland” can be typically defined as land used predominantly for agriculture. Additionally, “agriculture” covers paddy cultivation, plantations, orchards, animal rearing, fisheries, and aquatic animal breeding.

The Agriculture Land Reform Office (ALRO) is a government authority that obtains land by taking it from the public domain or purchasing and expropriating it from landowners. ALRO reforms the land into agricultural areas to provide for people who are deemed appropriate.

Section 30 of the Agriculture Land Reform Act regulates all land or immovable property which has been obtained by ALRO. ALRO has the power to allocate this land to agricultural workers (i.e. farmers) or agricultural institutions according to the rules, methods, and conditions prescribed by the responsible committee. The following qualifications shall be met:

  1. Not to exceed 50 rai* for an agricultural worker and persons in the same family engaging in other fields of agricultural work, except as in (2);
  2. Not to exceed 100 rai for an agricultural worker and persons in the same family engaging in animal husbandry classified as large animals according to the notification of the Ministry of Agriculture and Cooperatives; 
  3. The land area must be used as the committee deems appropriate for an agricultural institution considering their category and procedures. 

Other than ALRO’s allocation of land to agricultural workers and the agricultural institutions as mentioned above, any person or legal entity who wishes to lease, hire-purchase, buy, or use agricultural land or immovable property to engage in business supporting or relating to agriculture must obtain approval from ALRO according to the regulations and conditions approved by the committee. However, the size of the land shall not exceed 50 rai.

2. Is government approval required in order to take an interest in farmland (by means of acquisition, lease or otherwise)?

As mentioned above, the right to use farmland under the Agriculture Land Reform Act shall be approved by ALRO.

3. If government approval is required, are there procedural requirements, licences and/or permits to be obtained or waiting periods which may affect the transfer of the interest in farmland?

A person who wishes to take interest in agricultural land from ALRO must submit the application to either the Central ALRO or the Provincial ALRO in which the land is located.

It generally takes about 1.5-2 years to obtain approval and/or the Sor Por Gor 4-01 certificate.

4. Is local presence required in order to take an interest in farmland?

The applicant must be Thai (either a juristic person or an individual) to take interest in farmland but does not require a local presence in Thailand.

5. Which governmental authorities are involved in the determination of the regulations of ownership of farmland?

Regulations on ownership of farmland are determined by ALRO of the Ministry of Agriculture and Cooperatives.

6. Does the government offer any incentives or encourage the acquisition of farmland? For example, the government may offer tax exemptions on the purchase of farmland.

The registration fee of the rights over land related to agricultural land reform under the Agriculture Land Reform Act is eligible for exemptions.

7. What kind of encumbrances typically affect farmland?

A person or legal entity who is granted rights under the Agriculture Land Reform Act shall not have the right to subdivide or transfer rights to such land to others except by way of inheritance or transference to an agricultural institution or ALRO.

8. What is the process for finding out about the existence of encumbrances affecting farmland?

The existence of encumbrances can be checked at the Department of Land and the Provincial ALRO where the land is located.

9. What kind of permits and/or licenses are you required to hold if you have an interest in farmland?

“Sor Por Gor 4-01” is a certificate to enter and use certain reformed land, which will be issued to the agricultural worker or agricultural institution who received the land allocated by ALRO, while other persons approved by ALRO to lease, hire-purchase, or buy land will receive title deed and an agreement entered into between ALRO and the applicant.

10. Is any reform expected to the laws affecting the ownership of farmland?

No reform is currently expected.

* 1 rai = 400 square wah (1600 sq. meters) = 0.4 acres = 0.16 hectares
1 ngan = 100 square wah
1 square wah = 4 sq. meters

RELATED INSIGHTS​ 

December 19, 2025
Prior to the dissolution of the House of Representatives, Thailand’s cabinet approved a draft amendment to the Administrative Procedure Act, following review by the Council of State. If enacted, this reform will fundamentally change how state agencies process business applications and appeals by imposing enforceable timelines and legal consequences for inaction. The draft directly targets a longstanding commercial frustration: applications and appeals that vanish into administrative silence, stalling investment and foreclosing judicial review across sectors ranging from real estate and manufacturing to healthcare and finance. The “Silence Means Yes” Rule for Applications At the core of the reform is a new automatic “approval by implication” for applications subject to statutory processing deadlines. If an official fails to notify an applicant of a decision within the legally prescribed period, the application will be deemed approved as a matter of law. This presumption shifts the costs of delay from businesses to the bureaucracy and gives applicants a definitive legal position once time expires. The mechanism applies to routine licensing and registration matters governed by explicit consideration periods in existing statutes or ministerial regulations. Officials may extend the decision period by up to thirty days, but only if they notify the applicant before the original deadline and substantiate that the delay arises from genuinely exceptional circumstances beyond their control. Certain sensitive applications are expressly excluded from automatic approval, including those that may significantly affect national security or defense, public safety and health, the environment or natural resources, or national cultural heritage. Once the deadline passes without a decision, businesses can proceed with deployment of capital and operations—construction, hiring, procurement, and market entry—without waiting for formal permission that may never arrive. For time-sensitive projects, this materially reduces regulatory timing risk. The “Deemed Rejection” Rule for Appeals The draft introduces a parallel “deemed rejection”
December 16, 2025
Tilleke & Gibbins has contributed the Cambodia, Laos, Myanmar, Thailand, and Vietnam chapters to Infrastructure and Construction in Southeast Asia, a comparative guide developed by Drew Network Asia (DNA). The publication brings together insights from leading ASEAN law firms to address common legal and practical issues faced by participants in the construction and engineering sector across the region. Covering nine major Southeast Asian jurisdictions, the guide provides concise answers to frequently encountered questions relating to infrastructure and construction projects. Topics addressed include the regulatory environment, procurement practices, project structuring, risk allocation, contracting terms, dispute resolution mechanisms, and the enforcement of arbitral awards. Each jurisdictional chapter follows a consistent question-and-answer format, enabling readers to compare legal approaches and market practices across countries. This structure highlights both areas of convergence and key differences between jurisdictions, supporting more informed decision-making in cross-border projects and investments. While the guide offers a practical regional overview, it also underscores that legal frameworks and market practices vary significantly between jurisdictions and may be shaped by local principles and industry norms. Readers seeking jurisdiction-specific advice are encouraged to contact the practitioners listed at the end of each chapter. The full guide is available for download through the button below or directly from the DNA website.
December 15, 2025
On December 10, 2025, the National Assembly of Vietnam officially passed the amended Law on Construction, marking the culmination of a multiyear reform process aimed at modernizing Vietnam’s construction legal framework, streamlining administrative procedures, and aligning with digital transformation and sustainability goals. The amended law, which replaces the current Law on Construction No. 50/2014/QH13, will take effect on July 1, 2026. The Ministry of Construction (MOC) is also preparing several guiding decrees covering project classification, digital submissions and database management, and technical standards for design documentation. Key Changes in the Amended Law While the executed version of the amended Law on Construction has yet to be released to the public, reports have confirmed that it includes the following key changes introduced under the latest draft submitted by the MOC in September: Project classification: The amended Law on Construction classifies construction projects by investment form (public, PPP, business investment, and others), which aligns with the Law on Public Investment, the Law on Investment, and the Law on PPP Investment. This reduces regulatory overlap and clarifies responsibilities. Project preparation and appraisal: The requirement for prefeasibility reports for business investment projects is abolished, as this requirement is now governed by the Law on Investment and the Law on Public Investment. This change shortens the preparation timeline and reduces duplication of procedures. In addition, the authority’s appraisal is streamlined to a single feasibility stage. Also eliminated is the appraisal process conducted following basic design approval, shifting more responsibility to investors and consultants, with targeted post-audit mechanisms for high-risk projects. Construction permits: One of the most significant new changes of the amended Law on Construction is the expansion of exemptions from construction permit requirements to the following eight distinct groups of construction works: State-secret works, emergency or urgent constructions, works under special public investment
December 15, 2025
Thailand is taking steps to energize its startup scene by drafting the Startup Promotion Law. This draft law aims to remove obstacles, open new funding opportunities, and provide coordinated government support. The goal is to make it easier for Thailand-based startups to grow and compete on a global stage. Why Is This Law Needed? For many years, Thai startups have operated under traditional company law frameworks that were not designed with high-growth businesses or with fundraising opportunities in mind. Restrictions on issuing bonds, offering shares to outside investors, and repurchasing shares for employee incentive programs made it challenging for emerging companies to access capital and accelerate their growth. The draft Startup Promotion Act seeks to remove these obstacles and foster a more competitive, entrepreneur-friendly environment in Thailand. Who’s in Charge? Two main organizations will oversee the startup ecosystem: Startup Promotion Committee: This group, to be appointed by the National Science, Research, and Innovation Policy Council, will set national strategies, policies, and budget; design promotional campaign and incentives; and propose further legislative amendments to promote startups. National Innovation Agency (NIA): Under the draft act, the NIA will be the main contact for startups and will serve as the secretariat office of the Startup Promotion Committee, coordinating data, advising startups, maintaining the public registry, and providing funding and investment (grants, repayable grants, loans, and equity) under committee criteria and, where applicable, cabinet approval. What Startups Are Eligible for Benefits? To be officially recognized and access benefits, a company must: Be a private limited company less than 10 years old at the time of application. Existing companies that already exceed the 10-year threshold may still apply for startup statues within one year of the law’s enactment, as long as they otherwise still qualify for the new regime. Have average annual revenue not