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December 23, 2011

PLC Doing Business in … Multi-Jurisdictional Guide 2012 – Thailand Chapter

Practical Law Company in association with Lex Mundi

This chapter provides an overview of the legal system and key laws for foreign companies doing business in Thailand. Presented in a question-and-answer format, the chapter examines the rules governing foreign investment, business vehicles, employment, tax, competition, intellectual property, marketing agreements, e-commerce, data protection, and product liability.

RELATED INSIGHTS​ 

July 17, 2025
On July 9, 2025, Thailand issued a notification that introduces comprehensive operational requirements for digital platform service providers operating as goods marketplaces, effective December 31, 2025 (i.e., 180 days after its publication in the Government Gazette). The regulation’s official name is Notification of the Electronic Transactions Committee Re: Other Actions for Digital Platform Service Operators in the Category of Marketplace for Goods with Specific Characteristics under Section 18(2) of the Royal Decree on the Operation of Digital Platform Service Businesses that are Subject to Prior Notification B.E. 2565 (2022), B.E. 2568 (2025). Scope of Application The notification applies exclusively to goods marketplace operators formally designated by the Electronic Transactions Development Agency (ETDA), which on the same day designated 19 platforms that had previously notified the ETDA of their operations. The goods requiring enhanced oversight by these operators are limited to those regulated by the Thai Food and Drug Administration (FDA) and the Thai Industrial Standards Institute (TISI). Development from Earlier Draft An earlier draft of the notification had included a requirement for offshore platforms to establish a local entity, but this requirement was removed from the final notification. Key Obligations Despite the removal of the local entity requirement, the notification imposes a range of additional obligations on designated goods marketplace operators: Transparency. Operators must implement robust transparency measures, including clear, accessible, and understandable disclosures to users in Thai. These disclosures must cover all relevant terms and conditions, comprehensive product information, and complaint management procedures. Operators must also submit an annual compliance report to the ETDA within 60 days after the end of their accounting period, including statistics on regulated goods. Business user registration and identity verification. Before permitting the sale or advertisement of regulated goods, operators must collect and verify business user information, including contact details, identification documents, registration
July 16, 2025
On June 27, 2025, the National Assembly of Vietnam officially passed the amended Law on Atomic Energy, which will take effect on January 1, 2026. This legislative milestone follows the release of the fourth draft in June 2025, which was circulated for public consultation and builds upon earlier drafts from February, April, and early June. (See our previous article on the draft version here), Many provisions have been retained or refined to ensure greater specificity and alignment with Vietnam’s current legal framework. Once in force, the amended law will replace the 2008 Law on Atomic Energy (No. 18/2008/QH12), marking a significant step forward in modernizing Vietnam’s legal infrastructure for nuclear energy. The new law aims to harmonize with international standards, promote the safe and sustainable development of nuclear power, and facilitate future nuclear projects in the country. Noteworthy Updates in the Final Legislation Definition of National Radiation and Nuclear Safety Authority (NRNSA): The law introduces a clear definition of the NRNSA, outlining its roles and responsibilities in line with IAEA standards. Currently, this function is performed by the Vietnam Agency for Radiation and Nuclear Safety (VARANS) under the Ministry of Science and Technology. Digital Transformation Requirements: New provisions mandate the development of an integrated digital platform for data management, administrative procedures, and safety oversight, enhancing transparency and security. Policy Support for Training and Privatization: The law sets out principles for workforce incentives and sector privatization, with detailed regulations to be issued by the government. Dedicated Safety and Security Mechanism: A new section outlines inspection, supervision, violation handling, and enforcement procedures in the field of atomic energy, particularly for nuclear power plants. The NRNSA is empowered to conduct unscheduled inspections, suspend operations, and recommend license revocation when safety risks are identified. Key Provisions Retained or Clarified from the Draft Licensing
July 15, 2025
On July 1, 2025, Vietnam’s Ministry of Health issued Circular No. 30/2025/TT-BYT providing updated guidance on the application of drug quality standards, testing of drugs and pharmaceutical ingredients, and procedures for the recall and handling of noncompliant drugs (Circular 30). Circular 30 officially came into effect on the same day and replaces Circular No. 11/2018/TT-BYT and its amendments. Key highlights of Circular 30 are presented below. Drug and Pharmaceutical Ingredient Quality Standards Circular 30 maintains consistency with previous regulations regarding the selection of an applicable quality specification. Pharmaceutical businesses and drug preparation establishments may still choose to apply standards from the Vietnamese Pharmacopoeia, reference pharmacopoeias (including the United States Pharmacopoeia, the European Pharmacopoeia, the British Pharmacopoeia, the Japanese Pharmacopoeia, and the International Pharmacopoeia), or an in-house specification. Priority is given to the Vietnamese Pharmacopoeia and reference pharmacopoeias, encompassing quality indicators, quality levels, and testing methods. If alternative pharmacopoeias or in-house specifications are used, they must meet the requirements outlined in the corresponding monographs of the Vietnamese or reference pharmacopoeias. At the time of registration, the quality standards of drugs and pharmaceutical ingredients must comply with either the current version of the pharmacopoeia or a previous version of the pharmacopoeia that is no more than two years older than the current version. The requirement for updating quality specifications in line with the quality under the corresponding pharmacopoeia also applies to products that have already been granted marketing authorization. Testing Drugs and Pharmaceutical Ingredients in Quality Management Similar to the regulations under the previous circular, if pharmaceutical businesses disagree with the sample testing results, they may, within five working days of receiving the test report, request that the state quality inspection authority designate an alternative testing facility. The testing period for establishments listed as foreign drug manufacturers with quality violations remains
July 15, 2025
Thailand has established new safe harbor rules that require social media platforms to remove specified content within 24 hours of government notification. On July 5, 2025, the Notification of the Electronic Transactions Commission on Measures to Prevent Technological Crimes for Social Media Service Providers was issued and took effect. This followed a hearing in May 2025 where only a select group of social media and online communication platform operators were invited to attend and comment on draft rules that could exempt social media platform operators from joint liability under the amended Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes in cases involving victims of technological crimes. Safe Harbor Rules The notification stipulates procedures that must be followed in order to receive the protection of the safe harbor rules. Upon being notified by the Division of Prevention and Suppression of Cybercrime, Office of the Permanent Secretary of the Ministry of Digital Economy and Society (MDES) of the presence of false or misleading information that may lead to the commission of a technological crime, social media service providers must immediately take down the specified content, with a maximum allowable turnaround time of 24 hours from the time of receiving the notification. Social media service providers are required to promptly report the outcome of each takedown to the MDES Division of Prevention and Suppression. This shift in Thailand’s regulatory approach to social media content moderation establishes clear government oversight mechanisms while providing platforms with liability protection for compliance. As the new rules took immediate effect, social media platforms need to ensure that they have adequate systems and processes in place to comply with the requirements.