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

October 14, 2021

Lex Mundi Guide to Doing Business in Thailand 2021

Tilleke & Gibbins and Lex Mundi

As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2021. This guide outlines all of the key factors for starting and operating a business in the Thai market. Issues covered include:

  • Investment incentives
  • Financial facilities
  • Exchange controls
  • Import and export regulations
  • Structures for doing business
  • Requirements for the Establishment of a Business
  • Operation of the Business
  • Cessation or Termination of the Business
  • Labor legislation, relations, and supply
  • Tax
  • Immigration requirements

This publication is part of Lex Mundi’s Guides to Doing Business series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource when planning an international business strategy or researching a new market.

RELATED INSIGHTS​ 

April 30, 2025
The Bank of Thailand (BOT) is accepting public comments until May 2, 2025, on three draft notifications that will institute an enhanced supervision scheme and impose additional requirements for systemically important retail payment system (SIRPS) operators to align with international standards and encourage open infrastructure and competition. The SIRPS operators will be determined by the BOT from the “designated payment system operators” under the Payment Systems Act B.E. 2560 (2017). SIRPS Designation The BOT will announce a list of payment system operators designated as SIRPS operators and thus subject to enhanced supervision. The BOT will evaluate whether the payment system operator should be deemed a SIRPS operator when it meets the criteria in either the BOT’s quantitative or qualitative assessments, which cover the following: Quantitative assessment: The payment system’s transaction values, market share, cross-border payment network scale and value, and settlement with other financial market infrastructure. Qualitative assessment: The payment system’s function as a part of the country’s payment system infrastructure, the significance of the system users’ roles in the payment services, the substitutability of the payment system, and the impact level on the public and users in the event of an emergency or system suspension. Supervision of SIRPS Business Operations SIRPS operators will be subject to heightened supervision in three areas, in addition to various BOT regulations on designated payment system supervision, as follows: Governance: SIRPS operators will be required to have a balanced board composition with an independent director and directors with varied expertise, establish subcommittees to assist the board in supervising the operator’s compliance with its policy and strategy, and have senior executives overseeing risk and technology security separately from the executives overseeing business operations. Risk management and security: SIRPS operators will be required to have comprehensive risk management to ensure system stability and security. This
April 29, 2025
On April 11, 2025, Thailand’s Office of Insurance Commission (OIC) released draft principles for two notifications for public comment, open until the end of April. These aim to amend the OIC Notifications on Guidelines for Customer Personal Data Protection for life and non-life insurance businesses, which were issued in 2021. Key Principles Both life and non-life insurance companies will be required to obtain consent for the following processing activities: Processing of general personal data: When requesting the OIC to disclose information related to a customer’s insurance policy for the purpose of underwriting or claims consideration. Processing of sensitive personal data: When requesting the OIC to disclose information related to a customer’s insurance policy for the purpose of underwriting or claims consideration; and When requesting the OIC to disclose information about a customer’s insurance fraud behavior for fraud monitoring, fraud risk management, and assessing and preventing insurance fraud risk for underwriting or claims payment. The consent for the above processing activities must be in accordance with the consent requirements prescribed by the OIC, and the disclosure of personal data must also comply strictly with the conditions set by the OIC. Life insurance companies may obtain consent for other purposes as long as they comply with Thailand’s Personal Data Protection Act B.E. 2562 (2019), and companies will be liable in the event of a personal data breach. Additional Principles for Non-Life Insurance Businesses Non-life insurance companies will be required to provide a privacy notice and a summary of the privacy notice for each type of insurance policy in accordance with the form prescribed by the OIC. The privacy notice and its summary must be provided prior to or at the time of offering insurance policies, or together with the consent form for data processing through any channels used for offering insurance.
April 28, 2025
In recent years, Vietnam has positioned itself among the leading countries in the world in terms of digital asset ownership and trading volume. This rapid adoption reflects the country’s growing digital economy and the increasing engagement of individuals and businesses in blockchain-based financial activities. Central to this growth are Resolution No. 57-NQ/TW of the Politburo dated December 22, 2024, on breakthroughs in science, technology, innovation, and national digital transformation with a vision to 2045 (“Resolution 57”) and Resolution No. 03/NQ-CP of the Government dated January 9, 2025, promulgating the Action Plan to Implement Resolution 57 (“Resolution 03”), which outline a flexible and innovative policy framework that embraces pilot programs for emerging technologies to lay the groundwork for Vietnam’s legislative framework concerning cryptocurrency and blockchain technologies. Regulatory clarity in terms of digital assets and blockchain technologies is now more critical than ever for businesses and investors. In light of this, Vietnam is currently in the process of introducing three key legal instruments, with drafts of the Law on Digital Technology Industry (“Draft DTI Law”), Resolution of the National Assembly on the Establishment of Regional and International Financial Centers in Vietnam (“Draft Financial Center Resolution”), and Resolution of the Government on the Pilot Implementation of Crypto Asset Markets in Vietnam (“Draft Crypto Pilot Resolution”) nearing promulgation. Current Regulatory Direction and Schedule Vietnam’s regulatory framework for crypto assets and blockchain has been in a developmental stage since 2017, focusing on directions, plans, and schedules rather than established regulations. In February 2024, under Decision No. 194/QD-TTg of the Prime Minister, the Ministry of Finance (MOF) was assigned to draft a legal framework to either prohibit or regulate virtual assets and service providers by May 2025, signaling a clearer regulatory direction. In March 2025, Directive No. 05/CT-TTg of the Prime Minister directed the MOF
April 23, 2025
On April 13, 2025, the government of Vietnam issued Decree No. 89/2025/ND-CP to amend and supplement Decree No. 92/2016/ND-CP dated July 1, 2016, concerning conditional business lines within the civil aviation sector (“Decree 89”). This update was implemented through an expedited procedure with immediate effect and has drawn public attention as it broadens the types of aircraft eligible for import into Vietnam, thereby promising to inject greater diversity into the country’s aviation market. What has changed? Decree 89 expands the recognition of aircraft type certificates—documents ensuring that the design of the aircraft, aircraft engine, or propeller meet airworthiness standards—from two to seven foreign aviation authorities. While Vietnam previously only accepted type certificates from the U.S. Federal Aviation Administration (FAA) and the European Union Aviation Safety Agency (EASA), the country now further accepts type certificates issued by five additional foreign aviation authorities: National Civil Aviation Agency of Brazil (ANAC) Transport Canada Civil Aviation (TCCA) Federal Agency for Air Transport of the Russian Federation (Rosaviatsiya) U.K. Civil Aviation Authority (UK CAA) Civil Aviation Administration of China (CAAC) Additionally, on April 14, 2025, Vietnam’s Ministry of Construction issued Circular No. 03/2025/TT-BXD (“Circular 03”) with immediate effect, amending and supplementing several articles under Circular No. 01/2011/TT-BGTVT previously issued by the Ministry of Transport (which was merged into the Ministry of Construction on March 1, 2025) in 2011 on the promulgation of the Civil Aviation Safety Regulations for aircraft and aircraft operations. Echoing Decree 89, Circular 03 allows the Civil Aviation Authority of Vietnam (CAAV) to issue or recognize Certificates of Airworthiness to aircraft that hold type certificates issued by the aviation authorities of Brazil, Canada, Russia, the United Kingdom, or China, in addition to those issued by the FAA or EASA. Following the entry into force of Decree 89 and Circular 03, the