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 3, 2025

Thailand Includes Same-Sex Couples in Anticorruption Criteria on Spouses

Subscribe to Updates

On February 26, 2025, Thailand’s National Anti-Corruption Commission (NACC) issued a notification titled “Criteria for Individuals Living Together as Husband and Wife that Are Considered as De Facto Spouses (No. 2) B.E. 2568 (2025).” This new notification, published in the Government Gazette on March 7, 2025, took effect retroactively from January 22, 2025.

Prior to this notification, the term “spouses” specifically included “individuals living together as husband and wife” without registering marriage, referring to similar language at the time in Thailand’s Civil and Commercial Code. However, it was unclear whether this term included same-sex and other nontraditional couples. After the Marriage Equality Act revised this language in the Civil and Commercial Code to only refer to “spouses” (with a gender-neutral Thai word), the NACC took the opportunity to issue a new notification that simply replaces any mention of “husband and wife” with “spouses,” thereby removing the ambiguity.

As a result, this new notification covers same-sex de facto spouses of politicians and high-ranking officials. These spouses’ assets must now be declared together with the officials’ assets. Additionally, same-sex de facto spouses of state officials are prohibited from engaging in business with the Thai government that may present conflicts of interest.

Importantly, the notification also impacts the interpretation of the Office of the Prime Minister’s (OPM) Regulation on the Giving or Receiving of Gifts by Public Officials B.E. 2565 (2022). In this regard, same-sex de facto spouses of government officials are now also prohibited from accepting gifts or other benefits related to official duties. This is because the OPM regulation references the NACC definitions when defining “family members” to include “de facto husband and wife.”

Under the OPM regulation, public officials and their supervisors are strictly prohibited from permitting or condoning family members’ acceptance of gifts or other benefits related to official duties from individuals who have business dealings with, receive benefits from, or have interests under consideration by the public official. With the NACC’s new notification in effect, a public official permitting their same-sex de facto spouse to accept such a gift would violate the OPM regulation.

For further information regarding these updated regulations, or assistance in complying with Thailand’s rules related to gift acceptance and anticorruption standards, please contact Tilleke & Gibbins at [email protected].

Related Professionals

Practices

Compliance and Investigations

Location

RELATED INSIGHTS​ 

October 31, 2018
Successive Thai governments have consistently emphasized the importance of improving Thailand’s standing as a foreign direct investment (FDI) destination, due to its significant impact on economic growth and stability, and a host of other beneficial factors. These ongoing efforts have seen great success in luring investors, due in part to consistent improvements to Thailand’s increasingly attractive and modern legal framework, manageable costs, and an ideal geographic location.
Read More
October 31, 2018
The National League for Democracy government has brought remarkable reforms to Myanmar’s legal, social, and economic commitments over the past year. The government has specifically focused on the liberalization of the market and the promotion of foreign direct investment—highlighted by the Myanmar Investment Law (2016) in October 2016, and the new Myanmar Companies Law (2017) in December 2017.
Read More
October 31, 2018
Surrounded by economic powerhouses and other growing economies, Laos is often overlooked by foreign direct investors in ASEAN. However, Laos’ geographical location, situated comfortably between Cambodia, China, Myanmar, Vietnam, and China, paves the way for its strong potential to be a massive trading center, bridging China to the rest of the ASEAN countries.
Read More
October 31, 2018
Foreign direct investment (FDI) has become increasingly more attractive in Cambodia for the better half of a decade due to consistent, robust growth rates, increased purchasing power of the population, and diversification of the economy. In addition, the Cambodian government has been steadfast in maintaining an open market for investment, and has put forth great effort in expanding the tax regime and implementing reforms to encourage corporate compliance.
Read More