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

June 21, 2018

Liberalization Planned for Five Businesses under List 3 of the Foreign Business Act

Subscribe to Updates

Thailand’s Department of Business Development (DBD) is currently reviewing the possibility of liberalizing five businesses under List 3 of the Foreign Business Act B.E. 2542 (1999) (FBA), which currently restricts  foreigners from having ownership of more than 49%.

It has been widely reported in the media on June 17, 2018, that the five businesses to be liberalized are: (1) accounting services; (2) legal services; (3) money lending services; (4) space leasing and facility services; and (5) consultancy services. According to government sources, it should be noted that the services of the to-be-liberalized five businesses may only be provided by an entity to an affiliated company or within the entity’s group of companies. If the entity wishes to provide any of these services to a party that is not an affiliated company or outside the entity’s group of companies, the entity has to apply for a foreign business license from the DBD.  

The DBD is collecting opinions from relevant authorities, such as the Board of Investment, the Bank of Thailand, the Federation of Accounting Professions, the Lawyers Council, and the Industrial Estate Authority of Thailand, and the opinions on liberalization of these services will be submitted to the Foreign Business Committee later in July 2018 for consideration. If approved by the Foreign Business Committee, the opinions will be submitted to the Cabinet for endorsement, and if approved by the Cabinet, a new ministerial regulation shall be issued by the Minister of Commerce and become effective thereafter.

Current Restrictions under FBA

Currently, the FBA categorizes restricted businesses into three lists, as follows:

  • List 1 covers businesses that are strictly prohibited to foreigners;
  • List 2 covers businesses that are prohibited to foreigners, unless they obtain permission from the Minister of Commerce with the approval of the Cabinet; and 
  • List 3 covers businesses that are prohibited to foreigners, unless permission is granted by the Director-General of the DBD with the approval of the Foreign Business Committee. 

At present, List 3 of the FBA includes accounting, legal, consultancy, and any kind of service activities.

Liberalization of List 3 of the FBA

After the FBA was promulgated in 1999, the DBD has liberalized the following businesses under List 3 of the FBA over the years:

  • 2013. Services related to securities business and other businesses under the law on securities and securities exchange, derivatives business, and serving as a trustee under the law of trust for transactions in capital markets.
  • 2016. Commercial bank business, and life and non-life insurance businesses. 
  • 2017. Banking and financial institution businesses, businesses which are connected to or necessary for the operation of financial institutions as listed in Ministerial Regulation (No. 3) B.E. 2560 (2017), provision of services as a foreign entity’s representative office or regional office, and service businesses that have a government authority or a state enterprise as a party to the contract.
Related Professionals

Practices

Corporate/M&A

Location

RELATED INSIGHTS​ 

July 18, 2025
Vietnam’s electric vehicle (EV) industry is experiencing rapid growth, driven by a strong wave of new legislation, strategic plans, and government incentives. The government’s clear commitment to electrification is attracting foreign investment, supporting advanced production, and reducing reliance on internal combustion engine (ICE) imports. Recent national strategies, sector regulations, and technical standards demonstrate a rare level of regulatory momentum in Southeast Asia, positioning Vietnam as a competitive player in the global EV supply chain and an attractive market for foreign investors. An overview of legal developments for the EV sector in Vietnam is presented below. National Action Program for Green Transportation A key driver of Vietnam’s EV growth has been the National Action Program for Green Transportation through 2050 stipulated in Decision No. 876/QD-TTg of the prime minister dated July 22, 2022. The National Action Program sets a detailed roadmap for the green energy transition in road transport. For the period 2022–2030, the focus is on promoting the manufacturing, assembly, import, and conversion of road motor vehicles to electric power, expanding the use of 100% E5 gasoline for road vehicles, developing charging infrastructure to meet the needs of residents and businesses, and encouraging both new and existing bus stations and rest stops to meet green criteria. For the period 2031–2050, the roadmap aims to gradually restrict and ultimately cease by 2040 the manufacturing, assembly, and import of fossil fuel-powered cars, motorcycles, and mopeds for domestic use. By 2050, the goal is for 100% of road motor vehicles and construction vehicles participating in traffic to use electricity or green energy, for all bus stations and rest stops to meet green criteria, and for all machinery and equipment for loading and unloading to transition from fossil fuels to electricity or green energy. The program also calls for the completion of nationwide
Read More
July 10, 2025
For companies and individuals doing business in Vietnam, a common question is whether electronic signatures (e-signatures) are legally recognized under Vietnamese law. This matter is governed by Law No. 20/2023/QH15 on Electronic Transactions issued on June 22, 2023 (ETL 2023) and its guiding legal documents such as Decree No. 23/2025/ND-CP dated February 21, 2025, and Circular 06/2024/TT-BTTTT dated July 1, 2024 (Circular 06). Recognition of Validity of E-signatures in Vietnam As a general principle, the ETL 2023 confirms that an e-signature cannot be denied legal validity solely due to its electronic form. The law categorizes e-signatures into three types: Type 1: Specialized e-signatures for organizations Type 2: Public digital signatures for individuals and organizations Type 3: Specialized digital signatures for government agencies Among these types, only secure specialized e-signatures (a secure e-signature of type 1) and digital signatures (type 2) are explicitly granted the same legal validity as handwritten (wet) signatures. This distinction is particularly important in legal disputes and for transactions with government agencies. (For more details, please refer to our previous article.) Domestic e-signatures A domestic organization can choose to use secure specialized e-signatures (type 1) and/or digital signatures (type 2) while a Vietnam-based individual can choose digital signatures (type 2) for their transactions—particularly for those involving government agencies and transactions of high value and complexity which require stronger legal protection. Specialized e-signatures (type 1) can be created by the organizations themselves, and additionally must be “secure” to be explicitly recognized as having the same legal validity as handwritten signatures. For clarity, “secure” specialized e-signatures are those certified (granted a safety certificate) by the Ministry of Science and Technology (MST). (This was formerly the responsibility of the Ministry of Information and Communications, which was merged with MST under Vietnam’s 2025 administrative restructuring.) Digital signatures (type 2) are
Read More
July 9, 2025
On June 16, 2025, the National Assembly of Vietnam adopted Law No. 75/2025/QH15 amending and supplementing a number of articles of the 2012 Advertising Law, with an effective date of January 1, 2026. The amended Advertising Law was enacted to further refine the legal framework for advertising activities in the modern era. Online Advertising Under the amended Advertising Law, “online advertising” is defined to encompass not only advertising on electronic newspapers and electronic information pages (as provided under the 2012 Advertising Law) but also advertising on other electronic venues, including social media, online applications, and digital platforms with internet connection. The amended Advertising Law also imposes new requirements for online advertising, including: Identification signs: Advertisements must have clear identifiable signs in numbers, letters, symbols, images, or sounds to distinguish them from non-advertising content. Control features: For advertisements not in fixed areas, there must be easily recognizable features and icons that allow recipients to turn off the advertisement, notify the service provider of violating advertising content, and refuse to view inappropriate advertising content. Linked content: Content in the links embedded in advertisements must comply with the law. Advertising service providers and publishers must have measures to check and monitor the linked content. Advertising on social media: Organizations and enterprises providing social media services must offer users features to distinguish advertising content from other content. Signage for sponsored content: When advertising, users of social media services must use signs to differentiate advertising or sponsored content from other content they provide. In response to the above requirements for online advertising, the amended Advertising Law sets out obligations of advertisers, advertising service providers, advertising publishers, and advertising conveyors in relation to online advertising. Among these, it is notably the responsibility of individuals and organizations engaging in online advertising to prevent and remove violating
Read More
July 7, 2025
On June 20, 2025, Cambodia’s Ministry of Economy and Finance issued Instruction No. 19116 to clarify when board members and company directors must receive salaries and pay payroll taxes. Board members and company directors who are not considered employees are subject to a withholding tax. This category consists of people who complete services for a nonresident individual and people who perform independent work for a company in Cambodia. Board members and company directors who are considered employees, including those appointed by a foreign head office to temporarily manage a company in Cambodia, must pay payroll taxes on any salary they receive, regardless of whether they are paid by a local or foreign branch of the company. The above obligations apply regardless of whether the person has a work permit. Board members and company directors are exempt from paying payroll tax if they: Are not present and not performing a regular management role at the company despite being registered on the company’s statutes or patent tax card; Participate only in board meetings and occasional shareholder meetings; and Do not receive a salary from a company in Cambodia. Overall, this instruction provides an important clarification regarding the tax obligations of board members and company directors. Companies should pay attention to the classification of their board members and directors and be mindful of the exemption.   This article was written with the assistance of Tilleke & Gibbins interns Amelia Gemma Erickson and Amrin Keat.
Read More