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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.

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February 6, 2025
The Thai government has proposed amendments to the Gambling Act B.E. 2478 (1935), aiming to address the growing influence of online gambling activities and strengthen regulatory oversight. These amendments, if enacted, would introduce significant changes, particularly concerning online gambling operators, participants, and related advertising activities. The draft amendment is currently in the public hearing process, which is scheduled to conclude on February 14, 2025. Key highlights of the proposed amendments are discussed below. Online Gambling In the proposed amendment, “online gambling” refers to gambling via a computer system or electronic system either through the internet or through remote communication. Organizing, participating in, or engaging in any type of online gambling is prohibited unless authorized by the competent authority. This opens the door for the authorization of casino-style online gambling in Thailand. However, the proposed amendment also imposes strict penalties on both operators and gamblers engaging in unauthorized online gambling: Anyone who organizes unauthorized online gambling is subject to imprisonment for 7–12 years. This penalty also applies to those responsible for managing electronic systems or tools used to facilitate gambling, as well as anyone involved in advertising, promoting, or deceiving others, either directly or indirectly, to engage in online gambling without proper authorization. Any person who engages in unauthorized online gambling is subject to imprisonment for 1–3 years. Dealers, supervisors of gambling or gambling activities, runners conveying wagers or other betting information, and owners of premises who knowingly permit such unauthorized activities are subject to imprisonment for 5–7 years. Penalties for Unauthorized Offline Gambling Operators The proposed amendment revokes the previous penalties under the Gambling Act and proposes stronger penalties. Both the original penalties and the proposed replacements depend on the type of gambling activity under the law, which classifies gambling activities into two types—list A and list B. List
February 3, 2025
On January 28, 2025, the Office of the Personal Data Protection Committee (PDPC) hosted Data Privacy Day 2025, bringing together over 1,000 participants from both the public and private sectors. The event underscored the importance of personal data protection and aimed to raise nationwide awareness while fostering a culture of compliance. During the event, the PDPC reaffirmed its commitment to strengthening Thailand’s data protection framework to align with international standards. The initiative also emphasized the collective goal of achieving zero data breaches. During the first session of the event, Mr. Prasert Jantararuangtong, deputy prime minister and minister of digital economy and society, delivered a speech highlighting the role of personal data protection in fostering Thailand’s digital economy. He emphasized that strong data protection measures enhance business credibility, build consumer trust, and attract foreign investment. He also addressed the PDPC’s “zero data breach” policy and the ongoing issue of data leaks, which have been exploited by call-center scam operations to deceive the public and cause financial harm. Additionally, Mr. Prasert announced that the Thai cabinet has approved a draft amendment to the Emergency Decree on Cyber Crime Prevention and Suppression B.E. 2566 (2023), commonly referred to as the “Cyber Crime Decree.” The draft will now proceed to the Council of State for review before its official enactment. Key provisions of the amendment include holding financial institutions, telecom providers, and social media platforms accountable for technology-related crimes; requiring compensation for victims; and enforcing stricter security measures. Cyber offenses, including personal data trading, face harsher penalties of up to THB 5 million in fines or five years of imprisonment. Authorities are also empowered to suspend suspicious SIM cards for committing illegal activities and expedite monetary refunds for victims without court approval. In the second session, the Office of the PDPC presented its
January 30, 2025
The Thai cabinet has approved a draft amendment of the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes as proposed by the Ministry of Digital Economy and Society to strengthen measures against technological crimes, particularly targeting call center scams and cyber fraud. Following the Council of State’s review, the emergency decree will be become effective immediately upon its enactment and publication in the Government Gazette. While the draft amendment is not yet publicly available, the government recently indicated that the emergency decree aims to empower authorities with decisive measures to combat cybercrime effectively. It underscores the shared responsibility among various sectors, including banking, telecommunications, and online platforms, in safeguarding against technological crimes. Key provisions of the draft amendment of the emergency decree include: Telecommunications provider obligations: Telecommunications service providers must suspend SIM cards associated with criminal activities. The National Broadcasting and Telecommunications Commission and mobile service providers themselves are authorized to temporarily suspend mobile phone numbers if there is reasonable suspicion of involvement in criminal activities. Banking responsibilities: Financial institutions are required to promptly report mule accounts to the Anti-Money Laundering Office to facilitate quick restitution to victims. The Anti-Money Laundering Transaction Committee is empowered to order the return of funds to victims without requiring a final court ruling. Penalties for noncompliance: The amended emergency decree introduces penalties for noncompliance by regulated entities that fail to prevent criminal activities for offenses related to technology crimes in the following cases: Digital asset services: Those engaged in the buying, selling, or exchanging of digital assets, such as cryptocurrencies and digital tokens, as well as digital asset businesses that launder money obtained from online crimes by converting it into digital currency, will be subject to imprisonment for up to one year, a fine of up to THB 100,000,
January 27, 2025
Thailand’s Ministry of Energy (MOE) has announced the launch of the 25th bidding round for petroleum exploration and production. This round offers nine greenfield onshore blocks—seven in northeastern Thailand and two in central Thailand—encompassing over 33,000 km². The bids can be submitted from July 1 to July 16, 2025. The sizes and locations of these blocks are: Northeast Thailand Block L1/66: 3,223.51 km² (Khon Kaen, Nong Bua Lam Phu, Udon Thani) Block L2/66: 3,917.03 km² (Kalasin, Sakon Nakhon, Udon Thani) Block L3/66: 3,918.22 km² (Kalasin, Khon Kaen, Maha Sarakham, Udon Thani) Block L4/66: 3,656.65 km² (Amnat Charoen, Mukdahan, Nakhon Phanom, Yasothon) Block L5/66: 3,436.01 km² (Chaiyaphum, Khon Kaen, Nakhon Ratchasima) Block L7/66: 3,438.51 km² (Buri Ram, Maha Sarakham, Nakhon Ratchasima, Roi Et, Surin, Khon Kaen) Block L9/66: 3,885.44 km² (Nakhon Ratchasima) Central Thailand Block L6/66: 3,966.86 km² (Chaiyaphum, Lop Buri, Phetchabun) Block L8/66: 3,957.41 km² (Kanchanaburi, Nakhon Pathom, Ratchaburi, Suphan Buri) Bidding Process Interested companies must submit their bids to the Department of Mineral Fuels (DMF) between July 1 and July 16, 2025. Bids should include: Application form (ChorThor/Por1) Proof of eligibility: Corporate documentation, audited financial statements, and proof of resources Technical and commercial proposals: Exploration plans, geological surveys, financial and work commitments, and special benefits such as signing bonuses of at least USD 100,000. There is a nonrefundable THB 50,000 application fee per block, and applicants must provide a bid bond of THB 3 million per block via an unconditional bank guarantee from a commercial bank with branches in Thailand, valid for at least one year from the bidding submission date. The guarantee will be returned to unsuccessful bidders upon request and to successful bidders upon the signing of the concession agreement. Eligibility Bidders must meet the following main eligibility criteria: Bidders must be limited companies with the following qualifications: The company must have the objective of