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August 20, 2026

Lex Mundi: Guide to Doing Business in Thailand 2026

As part of its membership in Lex Mundi, Tilleke & Gibbins has released the latest edition of its Guide to Doing Business in Thailand, providing an overview of the legal, regulatory, and commercial considerations for companies establishing or expanding operations in Thailand. The 2026 edition offers practical insight into the country’s business environment, investment framework, and operational requirements.

The guide covers a wide range of topics relevant to foreign and domestic investors, including:

  • Investment incentives and promotion schemes
  • Financial facilities and banking regulations
  • Exchange controls and money transfers
  • Import and export regulations
  • Business structures and incorporation options
  • Requirements for establishing a business
  • Operational and compliance considerations
  • Business cessation and insolvency procedures
  • Employment and labor laws
  • Taxation
  • Immigration and visa requirements

Prepared by Tilleke & Gibbins lawyers across multiple practice areas, the publication outlines key aspects of doing business in Thailand, including foreign investment restrictions, regulatory compliance obligations, corporate structures, employment requirements, and recent legal and economic developments affecting investors.

The publication forms part of Lex Mundi’s Country Guides series, a global collection of jurisdiction-specific reference materials prepared by member firms around the world. Together, these guides help companies evaluate opportunities, compare regulatory environments, and plan international business activities across multiple markets.

The full Guide to Doing Business in Thailand 2026 is available through the button below.

RELATED INSIGHTS​ 

September 17, 2025
Thailand’s Ministry of Finance has introduced a five-year personal income tax exemption on capital gains from the disposal of cryptocurrency or digital tokens. The Ministerial Regulation No. 399, published in the Government Gazette on September 5, 2025, offers the personal income tax exemption for transfers occurring between January 1, 2025, and December 31, 2029. The ministerial regulation was enacted to promote Thailand as a global financial center and digital asset business hub while encouraging increased domestic investment in digital assets. Key Conditions The exemption, which covers capital gains from cryptocurrency and digital token disposals during the specified five-year period, applies only to individuals. Companies that trade in digital assets are not eligible for this tax exemption. With the tax holiday set to expire in 2029 (unless extended), individual traders should plan ahead for postexemption taxation to ensure full compliance with Thailand’s personal income tax requirements. Proper documentation of digital asset transactions during the exemption period will be essential for future tax compliance. For more details on this tax exemption, or on any aspect of Thailand’s tax law and regulations, please contact Saravut Krailadsiri at [email protected] or Papavarin Sarawongsuth at [email protected].
September 16, 2025
Thailand has enacted amended alcohol control legislation that significantly tightens restrictions on marketing and advertising, strengthens enforcement, and creates mechanisms to support the country’s tourism objectives. The Alcoholic Beverage Control Act (No. 2) B.E. 2568 (2025), published in the Government Gazette on September 9, 2025, will take effect on November 8, 2025. Key aspects of the new law are outlined below. Continuation of Sales-Hour Restrictions Sales-hour restrictions remain in effect, though now under an updated regulatory pathway. Alcohol sales are permitted only between 11:00 a.m. and 2:00 p.m. and between 5:00 p.m. and midnight, with exceptions for airport terminals, entertainment venues under the Entertainment Place Act 1966, and hotels. Despite earlier discussions about relaxing these hours, no changes have been implemented under the new law. Enhanced Seller Responsibilities Sellers are now expressly permitted to check identification cards to verify purchaser age and may assess the condition of intoxicated customers. The assessment conditions will be announced in a forthcoming notification from the director of the Department of Disease Control. Sellers who willfully or negligently violate the law and cause damage to life, health, or property face possible penalties. Alcohol Vending Machines Permitted The law allows alcohol to be sold in vending machines that can verify buyer information and comply with rules, procedures, and conditions to be prescribed by the Alcoholic Beverage Control Committee. This means the industry must await the committee’s implementing regulations before deploying such machines. Expanded Marketing and Advertising Restrictions The amended law introduces a new suite of advertising restrictions, including more detailed and expansive definitions involving marketing and promotions. “Marketing communication” is broadly defined to include any direct or indirect act of publicizing, presenting, or disseminating information about alcoholic beverages through advertising, public relations, sales promotions, sponsorships, or any other means that may induce or encourage the
September 16, 2025
Since Thailand formally removed Mitragyna speciosa (kratom) from the list of narcotic drugs, the country has progressed from outright prohibition to a structured, license-based regime. While the Ministry of Public Health oversees cannabis plant regulation, the Ministry of Justice (MOJ) is the regulatory authority overseeing kratom plants. For the avoidance of doubt, separate Ministry of Public Health notifications prohibit the use of kratom as a food ingredient unless a food safety evaluation has been conducted; however, this restriction does not affect trade in unprocessed leaves per se. For businesses in Thailand dealing exclusively in kratom leaves, the most consequential development is the Ministerial Regulation on the Application for Permits and Notifications for the Importation and Exportation of Kratom Leaves B.E. 2568 (2025), a bylaw of the Kratom Plant Act 2022. The ministerial regulation establishes the following notable definitions: “Kratom leaves”: Fresh or dried leaves in their natural, unprocessed state (no extracts, concentrates, or infused products). “Import/Export”: Any act of bringing kratom leaves into or out of Thailand, whether for commercial sale, industrial processing abroad, or research. Import/Export Licensing Under the Kratom Plant Act, a license is mandatory for importing or exporting kratom leaves. Individuals, juristic persons, community enterprises, and state agencies in Thailand are eligible to obtain a license to import (or a license to export) kratom leaves. Licenses are available to qualified individuals and juristic persons. Individuals must satisfy the following qualifications to be eligible for a license: Thai nationality, ≥ 20 years old, resident in Thailand. Not incompetent, quasi-incompetent, or under legal guardianship. No license suspension currently in force under the Kratom Act or Narcotics Code. No license revocation in the previous two years. No conviction under the Kratom Act or Narcotics Code within the previous two years (unless fully released from punishment). Juristic persons must satisfy
September 11, 2025
Thailand’s Securities and Exchange Commission (SEC) has amended its digital asset regulations to permit the offering, trading, and provision of services related to tokenized environmental commodities by licensed digital asset exchanges, brokers, and dealers. This regulatory development is aimed at facilitating Thailand’s green economy and net-zero goals while diversifying the products available in the regulated digital assets market. The environmental commodities currently being traded on certain market platforms and via over-the-counter channels include: Carbon credits: Tradable certificates representing a reduction of CO₂ emitted into the atmosphere. Renewable energy certificates (RECs): Tradable proof of electricity generated from renewable energy sources. Carbon allowances: Tradable permits to emit a capped amount of greenhouse gases. The tokenization of these instruments is essentially the process of converting them into digital tokens, making it possible to list them on blockchain exchanges for trading purposes. Background Tokenized carbon credits, RECs, and carbon allowances fall under the category of utility tokens for consumption purposes or tokens representing entitlement certificates—that is, group 1 utility tokens, which are not considered financial products. The offering, trading, and provision of secondary-market services of this type of token are exempted from licensing requirements for regulated digital asset businesses under the Emergency Decree on Digital Asset Businesses B.E. 2561 (2018). Under the previous regulatory framework, licensed digital asset business operators were not allowed to provide services involving such unregulated tokens, as it was deemed to be engaging in “other businesses,” which digital asset operators generally cannot engage in without prior SEC approval. Regulatory Amendment Under the amended digital asset regulations, licensed digital asset exchanges, brokers, and dealers may now apply for SEC approval to offer services related to these tokenized assets as “other businesses,” including listing them for trading on digital asset exchanges. Apart from requiring operators to comply with the general conditions