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

April 5, 2021

Stablecoin Policy Guidelines Issued by Bank of Thailand

On March 19, 2021, the Bank of Thailand (BOT) issued policy guidelines on how stablecoins are to be regulated. These were issued following the BOT’s recent ruling that stablecoins pegged to the Thai baht violate the Currency Act B.E. 2501 (1958).

Stablecoins were developed to offer a more price-stable alternative to traditional cryptocurrencies, which are defined under Thai law as digital units created to serve as means of exchange for goods, services, or any other rights. As traditional cryptocurrencies (such as Bitcoin) have no underlying assets, they are subject to such extreme fluctuations in value, and therefore people often hold them as investments rather than spend them as currency.

Some stablecoins are pegged to the value of a specific fiat currency, such as the Thai baht, and are sometimes even intentionally created to mirror that fiat currency in name, denomination, and value.  The BOT reasoned that such stablecoins—seemingly created to replace Thai baht currency—violate the Currency Act B.E. 2501 (1958), because the public might incorrectly consider them a parallel baht currency.

The BOT’s subsequent policy guidelines on how stablecoins are to be regulated address both baht-pegged stablecoins and those pegged to other currencies or assets.

Stablecoins pegged to the Thai baht (or “baht-backed stablecoins”) that are intended to be used as a means of payment may be considered electronic money (e-money) under the Payment Systems Act B.E. 2560 (2017), which is regulated by the BOT. This type of stablecoin has similar characteristics and risk factors to existing e-money, for which the BOT has issued regulations governing various aspects such as settlement, money laundering, cybersecurity, and consumer protection. Consequently, business operators who intend to launch baht-backed stablecoins in the Thai market should consult with the BOT before doing so. To support their determination on this issue, the BOT notes that their position is consistent with those of other countries, such as Singapore, the UK, and Japan.

The BOT confirmed that stablecoins pegged to foreign currencies or other assets, including those with value backed by a digital mechanism rather than an asset (i.e., algorithmic stablecoins) are currently unregulated. However, the BOT is studying this topic and is open to receiving comments and feedback before deciding whether and how these stablecoins should be regulated.

The BOT itself is developing a cryptocurrency called a retail-type central bank digital currency (CBDC), similar to Digital Yuan of the People’s Bank of China and other government-developed digital currencies, to be freely used by the general public as a stable exchange of value for goods and services. The BOT believes that, when compared to privately issued stablecoins, a CBDC will be more secure and efficient and can meet the demands of all users and business operators.

Cryptocurrency and stablecoins are now at a regulatory crossroads, with Thai regulators set to determine their future. Conceptually, neither traditional cryptocurrency nor stablecoins are regulated under the Emergency Decree on Digital Asset Business Operation B.E. 2561 (2018), but businesses related to them are. The recent BOT rulings indicate some skepticism by Thai regulators toward stablecoins—especially those pegged to the Baht—and the possibility that their widespread introduction into Thailand could create a new and unregulated financial ecosystem that adversely impacts the stability of the financial sector, and by extension the country’s economic development. Nevertheless, the BOT well recognizes this technological development and is therefore actively engaging with it.

RELATED INSIGHTS​ 

June 19, 2025
The Bank of Thailand (BOT) has released draft guidelines establishing principles for managing artificial intelligence (AI) risks in the financial sector. The draft guidelines provide a structured framework for the responsible adoption of AI technologies. Financial service providers will be able to use the guidelines as a reference to appropriately manage their risks in a manner that aligns with internationally recognized best practices. The BOT is accepting public comments on the draft guidelines until June 30, 2025. Scope and Application The draft guidelines apply to all financial service providers, including financial institutions and special financial institutions under the Financial Institution Business Act, as well as payment providers under the Payment Systems Act. These guidelines supplement existing BOT risk management guidelines covering IT risk management, third-party risk management, data governance, and market conduct. The guidelines define AI systems as systems that mimic human intelligence, including machine learning, deep learning, generative AI (such as large language models), and agentic AI. This definition specifically excludes rule-based automation systems like robotic process automation and condition matching. Key Risk Management Principles The guidelines lay out two main principles in managing AI risk. Governance: Financial service providers should define and establish clear roles and responsibilities for their personnel and AI system supervision structures to uphold FEAT (fairness, ethics, accountability, and transparency) principles as follows: Stakeholder roles and responsibilities. Financial service providers should define roles and responsibilities for boards and executives on AI risk oversight. Responsibilities include establishing an AI system usage policy, designating personnel responsible for AI risk management, and building awareness of AI-related risk within the organization. AI system usage policy. The AI system usage policy should be aligned with organizational objectives, regulatory requirements, and FEAT principles. These policies should be reviewed regularly to respond to technological advancements and evolving risk profiles. Risk management
June 19, 2025
Thailand’s Electronic Transactions Development Agency (ETDA) has announced plans for increased enforcement of the Royal Decree on the Operation of Digital Platform Service Businesses That Are Subject to Prior Notification B.E. 2565 (2022). The ETDA outlined a comprehensive enforcement framework and review process during an online meeting with digital platform service operators on June 11, 2025. The ETDA’s enhanced enforcement approach includes systematic reviews of notification submissions, formal correction orders, and potential criminal penalties for noncompliance. Digital platform operators should immediately assess their current notification status and prepare for increased regulatory scrutiny. Review and Amendment of Previously Submitted Notification Data The ETDA will begin reviewing operation notification forms and annual reports submitted by digital platform service operators to assess each platform’s risk level and develop tailored regulatory obligations. In this comprehensive review process, the ETDA will: Examine the accuracy and completeness of submitted notification data; Request additional information as needed by phone or email; and Issue formal orders as needed requiring operators to correct or complete missing information. Operators who fail to comply with ETDA orders may face suspension of operations, revocation of their notification receipt, and public disclosure of their noncompliant status on the ETDA’s website. The ETDA will conduct follow-up workshops in July 2025 for operators whose data remains unclear or incomplete. Enforcement Framework and Penalties The ETDA outlined a three-tiered enforcement framework with escalating consequences for different types of violations, as follows: Failure to notify before commencing operations: Operators who begin services without proper notification may face criminal penalties under the Electronic Transactions Act, including up to one year of imprisonment, fines of up to THB 100,000 (approx. USD 3,070), or both. Additional consequences include suspension of operations and potential liability for company directors. Failure to correct or comply with official orders: Noncompliance with ETDA correction
June 13, 2025
In today’s digital age, cyberattacks have become a real threat to organizations worldwide. These attacks can range from phishing and malware to ransomware and distributed denial of service (DDoS) attacks. As the frequency and sophistication of these attacks increase, so does the importance of cybersecurity compliance. In the corporate world, compliance refers to the process of ensuring that a company and its employees adhere to all relevant laws, regulations, standards, and ethical practices—but it should not stop there. Compliance should also encompass asset recovery and disciplinary measures, which can both help organizations address incidents effectively and promote good governance. Cyberattacks are malicious attempts to access or damage a computer system or network, often carried out for financial gain, for political activism, or simply to cause disruption. For instance, a successful attack might involve an attacker creating an email address that closely resembles a legitimate one, perhaps by changing only one or two characters. That email address is then inserted into an existing conversation thread, making it appear as if the user with this email address was already part of the discussion. This tactic can easily deceive a recipient into believing the email was sent from a trusted source, thereby leading them to click on malicious links, provide sensitive information, or even make payments in accordance with the attacker’s request or instructions. Phishing attacks like these are particularly dangerous and can have a serious impact on the ongoing business of a corporation because they exploit the trust and familiarity established in the original email chain. Effective Mitigation Approaches Mechanisms for addressing the aftermath of a crisis provide important recourse to affected organizations, but effective compliance mechanisms can minimize the risk of such crises ever occurring. Companies should therefore prioritize preventative measures and implementation of effective crisis management schemes. Various legal
May 28, 2025
Tilleke & Gibbins attorneys in Vietnam have contributed the 2025 edition of Doing Business in Vietnam, a comprehensive Q&A-style resource from Thomson Reuters Practical Law that provides essential insights for companies navigating business operations in Vietnam. The guide presents a detailed overview of the country’s legal framework and regulatory environment, reflecting recent updates in Vietnamese legislation and practice. This annually updated guide offers key information on the following areas: Legal system: Structure of the Vietnamese judiciary and the role of codified law. Foreign investment: Conditions for market access, licensing requirements, foreign ownership restrictions, and investment incentives. Business vehicles: Formation and operation of legal entities, including limited liability companies, joint-stock companies, and representative offices. Employment: Employment contracts, social insurance, labor rights, and procedures for hiring foreign nationals. Tax: Overview of corporate income tax, personal income tax, value-added tax, and other tax obligations. Intellectual property: Procedures for protecting and enforcing patents, trademarks, copyrights, and other IP rights. Data protection: Compliance requirements under Vietnam’s data privacy laws, including the Personal Data Protection Decree. Competition law: Antitrust rules and regulatory oversight under the Law on Competition. Anti-bribery and corruption: Legal framework and enforcement practices aimed at curbing corrupt activities. E-commerce and digital business: Regulations governing online platforms, digital content, and cross-border services. Marketing and advertising: Laws and guidelines on advertising standards and consumer protection. Product regulation and liability: Safety requirements, product liability issues, and roles of relevant authorities. Doing Business in Vietnam is part of Practical Law’s global series of legal guides designed to support international practitioners and businesses. To access the most recent edition of the Vietnam guide, visit the Practical Law website and sign up for a free trial.