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

January 20, 2026

Thailand Restricts Foreign Land Ownership and Shareholding for Certain Promoted Investments

Subscribe to Updates

Thailand’s Board of Investment (BOI) has imposed new restrictions on foreign-majority shareholding and land ownership for companies in certain promoted activities. The changes took effect on September 1, 2025, but were not published in the Government Gazette until December 30, 2025, under Notification of the Board of Investment No. Sor. 7/2568 on the Amendment to List of Activities Eligible for Investment Promotion under Notification of the Board of Investment No. 9/2565, dated July 22, 2025.

Foreign Land Ownership Restrictions

Generally, foreign land ownership is one of the privileges granted to BOI-promoted companies, allowing them to own land to engage in the promoted activities. However, with these new restrictions, the BOI will no longer grant land-ownership privileges to foreign-majority-owned companies that conduct business activities in the following categories:

  • Rolling, drawing, casting, or forging of nonferrous metals (category 5.4.9)
  • Manufacturing of ferrous metal products or ferrous metal parts (category 5.4.11.2)
  • Manufacturing of nonferrous metal products and/or nonferrous metal parts for industrial use (category 5.4.11.4)
  • Manufacturing of other metal products, including other metal parts for industrial use (category 5.4.11.5)
  • Manufacture of chemical products for industry (category 6.2)
  • Manufacture of plastic products for industrial goods and parts (category 6.4.1)

These restrictions do not apply to existing BOI-promoted companies that have at least three projects granted promotion under the same juristic person during the past 15 years (2011–2025) with total investment of at least THB 5 billion, excluding the cost of land and working capital.

Foreign Shareholding Restrictions

For companies to be eligible for BOI promotion in three other categories of business activities, at least 51% of the company’s registered capital must be held by Thai individual shareholders, unless the BOI-promoted activity is located within a special border economic zone as designated by the BOI. These three categories are:

  • Manufacture of bags made of leather or artificial leather (category 9.8; not included in this restriction are shoes and other products made of these materials)
  • Manufacture of furniture or parts (category 9.12)
  • Manufacture of printed materials (category 9.14)

Applications and Next Steps

These restrictions apply to all BOI applications submitted from September 1, 2025, onward. Foreign business operators engaging in the restricted activities and aiming to seek BOI promotion should carefully review alternative options for foreign shareholding structures and foreign land ownership through permissions and privileges granted under other relevant laws and regulations.

Related Professionals

Practices

Corporate/M&A

Real Estate

Location

RELATED INSIGHTS​ 

April 29, 2025
To foster foreign investment and attract leading international universities to establish campuses in Vietnam, the government has recently adopted several regulations, including Decree No. 124/2025 on foreign cooperation and investment in the field of education, Decree No. 125/2024 on regulatory requirements for educational investment and operation, and Decision No. 452/QD-TTg approving the Planning of the Network of University and Teaching Institutions for the Period 2021–2030, with a Vision to 2050 (the “University Network Plan”). However, foreign investors and private higher educational institutions must still navigate regulatory complexities, build strong academic reputations, and ensure financial sustainability to compete effectively in an increasingly competitive landscape. Below are highlights of recent developments in university-related regulations that may open new opportunities for foreign investment in Vietnam. Adopting the University Network Plan The University Network Plan encourages the development of private higher education institutions (“HEIs”), especially not-for-profit ones, and welcomes top foreign HEIs to open their own foreign branch campuses (“FBCs”) in Vietnam, with the following targets. Until 2030: Encouraging new establishment and expansion of the network of private HEIs (including their branch campuses) and FBCs of top foreign HEIs, especially those offering training majors of science, engineering, and technology. Developing regional HEI networks along economic corridors centered on large cities—not only the traditional economic hubs of Hanoi and Ho Chi Minh City, but also other provinces and cities throughout the country such as Hai Phong, Nghe An (Vinh), Thanh Hoa, Hue, Da Nang, Khanh Hoa (Nha Trang), Binh Đinh (Quy Nhon), Dak Lak (Buon Ma Thuot), Lam Dong (Da Lat), Binh Duong, and Can Tho. Vision to 2050: Increasing the number and proportion of private HEIs, especially not-for-profit ones. Having private HEIs account for about 50% of learners. Requirements for Foreign Investment in Higher Education Foreign investors can engage in higher education business
Read More
April 28, 2025
While Thailand’s Foreign Business Act B.E. 2542 (1999) (FBA) has been in place for over two decades, the issue of nominee arrangements remains a hot topic—especially as authorities continue to crack down on businesses that use Thai nationals to hold shares in violation of foreign ownership restrictions under the FBA. The FBA was enacted to limit foreign parties (which includes foreign individuals, offshore legal entities, and foreign majority-owned companies in Thailand) ability to conduct certain business activities in Thailand without authorization. This legal restriction has led many business operators to use nominees to operate their businesses. Similar to many other countries, nominee arrangements are illegal in Thailand. The FBA expressly prohibits foreigners from using Thai nationals to hold shares on their behalf in a way that enables them to own and operate reserved businesses under the law. Engaging in such arrangements (including conducting a business without the necessary license under the FBA) can result in severe penalties, including imprisonment, fines, and the forced dissolution of the business. The authorities, particularly the Ministry of Commerce and the Department of Special Investigation, continue to actively pursue cases involving suspected nominees. The FBA categorizes businesses into three lists, each outlining different levels of restrictions on foreign ownership and participation: List 1: Foreign business operators are strictly prohibited from engaging in any of the business activities on list 1, such as media outlets (newspapers, radio, and television), rice farming, forestry, extraction of Thai medicinal herbs, and land trading. List 2: Foreign business operators must obtain a foreign business license (FBL) from the Department of Business Development (DBD) and secure approval from the Thai cabinet to engage in a business activity on list 2. In addition, the company must be at least 40% Thai-owned (this may be reduced to 25% with special approval from
Read More
April 24, 2025
On April 8, 2025, Thailand passed a resolution to reduce the government fees for registering the sale and mortgage of immovable property. These reductions are outlined in two notifications issued by the Ministry of Interior and published in the Government Gazette on April 22, 2025. The measures are part of the government’s ongoing efforts to support the real estate sector and promote property ownership. The reduced fees apply to sale and mortgage registrations for certain types of properties—detached houses, semidetached houses, row houses, commercial buildings, accompanying land, and condominium units—with a sale price, official assessed value, or mortgage amount not exceeding THB 7 million. The reduced fees apply only when the buyer is an individual with Thai nationality. The reduced rates for registration fees are as follows: Sale: 0.01% of the officially assessed value (reduced from the normal rate of 2%) Mortgage: 0.01% of the mortgage amount (reduced from the normal rate of 1%) when registered at the same time as the sale of the property. These reduced rates are in effect from April 22, 2025, to June 30, 2026.
Read More
April 22, 2025
Thailand’s Immigration Bureau has announced the launch of the Thailand Digital Arrival Card (TDAC) as part of ongoing efforts to improve entry procedures and streamline immigration processing. Effective May 1, 2025, all foreign nationals with any type of visa entering Thailand by any means will be required to complete the TDAC online prior to arrival. This requirement does not apply to individuals transiting or transferring through Thailand without passing through immigration control, or to those entering with a border pass. Foreign nationals planning to enter Thailand must complete and submit their TDAC within the three days prior to their arrival date. The form, which collects passport information, personal details, travel information (e.g., flight number), Thai accommodation information, and a health declaration—can be filled out in English online at https://tdac.immigration.go.th. Once the form is submitted, an acknowledgment will be sent to the email address entered on the form. This acknowledgment must be presented at the immigration checkpoint in Thailand along with travel documents for verification. The Thai government strongly encourages all foreign passport holders to complete the TDAC ahead of their departure to prevent any entry delays or issues at the checkpoint.
Read More