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

March 20, 2026

Thailand Ties Data Center Tax Breaks to Workforce and Supply Chain Development

Thailand’s Board of Investment (BOI) now requires data center projects to demonstrate measurable benefits for local workforce development, R&D, SME capability, and domestic supply chains to qualify for corporate income tax (CIT) exemptions. BOI Notification No. Por. 3/2569, issued on February 6, 2026, updates the requirements for projects seeking promotion under BOI category 8.2.1 (data centers).

All data center projects must now submit and implement plans covering development of Thai human resources and domestic supply chain support before benefiting from any CIT exemption.

Human Resources Development Plan

The BOI seeks to promote local talent development beyond basic training. Plans must include the following elements:

  • Training for data center design, construction, and operations targeting vocational students, engineering and ICT undergraduates and postgraduates, and energy and building personnel in Thailand.
  • Joint curricula with Thai universities and technical institutes.
  • Collaborative R&D with Thai nationals or institutions in areas including AI, resource allocation, high-performance computing, and data center hardware and systems.
  • Thai SME upskilling in electrical and energy systems and IT services.

Domestic Supply Chain Support Plan

Plans must demonstrate knowledge transfer in design, construction, cooling, security, and power and water management. Projects must also include usage or installation of domestically manufactured equipment or engage specialist domestic entities.

Criteria for BOI Evaluation

The BOI will assess data center operators’ eligibility for CIT incentives based on two criteria:

  • Scale requirement: Training and joint-curriculum initiatives must reach a total participants equal to at least 10 times the project headcount and run for the duration of the CIT incentive. If this threshold is not met, the applicant must also implement continuous R&D or SME skills-development plans throughout the incentive period.
  • Substantiality test: Supply-chain plans must be substantive, meet industry standards, and show measurable development of the domestic digital and data center supply base.

To ensure compliance, the BOI will conduct two-stage verification. Before using CIT exemptions, applicants must provide evidence of binding commitments, such as agreements with educational institutions or agencies. At full project startup, the BOI will cross-check plans against the BOI application, including any amendments, financial statements, accounting records, and partner confirmation letters.

Outlook

The BOI now ties incentives to measurable local impact. Projects must commit to sustained investment in Thai talent, R&D, and domestic suppliers. Investors should integrate these requirements into project planning from the start to secure and fully benefit from BOI tax incentives.

RELATED INSIGHTS​ 

January 30, 2025
The Thai cabinet has approved a draft amendment of the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes as proposed by the Ministry of Digital Economy and Society to strengthen measures against technological crimes, particularly targeting call center scams and cyber fraud. Following the Council of State’s review, the emergency decree will be become effective immediately upon its enactment and publication in the Government Gazette. While the draft amendment is not yet publicly available, the government recently indicated that the emergency decree aims to empower authorities with decisive measures to combat cybercrime effectively. It underscores the shared responsibility among various sectors, including banking, telecommunications, and online platforms, in safeguarding against technological crimes. Key provisions of the draft amendment of the emergency decree include: Telecommunications provider obligations: Telecommunications service providers must suspend SIM cards associated with criminal activities. The National Broadcasting and Telecommunications Commission and mobile service providers themselves are authorized to temporarily suspend mobile phone numbers if there is reasonable suspicion of involvement in criminal activities. Banking responsibilities: Financial institutions are required to promptly report mule accounts to the Anti-Money Laundering Office to facilitate quick restitution to victims. The Anti-Money Laundering Transaction Committee is empowered to order the return of funds to victims without requiring a final court ruling. Penalties for noncompliance: The amended emergency decree introduces penalties for noncompliance by regulated entities that fail to prevent criminal activities for offenses related to technology crimes in the following cases: Digital asset services: Those engaged in the buying, selling, or exchanging of digital assets, such as cryptocurrencies and digital tokens, as well as digital asset businesses that launder money obtained from online crimes by converting it into digital currency, will be subject to imprisonment for up to one year, a fine of up to THB 100,000,
January 24, 2025
Following Vietnam’s adoption of the new Law on Data (“Data Law”) on November 30, 2024, there remained uncertainty as to what impact the new framework would have on businesses in Vietnam and abroad. The government has now released a package of four draft legal documents aimed at guiding the implementation of the Data Law: (1) a decree on the National Data Development Fund (“NDDF Decree”), (2) a decree related to regulations on scientific, technological, and innovation activities and data products and services (“Decree on Specific Activities”), (3) a decree detailing a number of articles and measures to implement the Data Law (“Implementation Decree”), and (4) a decision on the lists of important data and core data. This article will provide an overview of the draft legislation. 1. NDDF Decree The draft NDDF Decree relates to the establishment, management and use of a National Data Development Fund (“NDDF”), which is a non-profit and non-budgetary state financial fund established and managed by the Minister of the Ministry of Public Security (MPS). The NDDF has legal personality and is fully state owned, operating similarly to a single-member limited liability company. Its main objectives are to support, promote, and invest in artificial intelligence (AI), the Internet of Things (IoT), and other new technologies and innovation. The NDDF may lend to, invest in, or otherwise support eligible organizations. The draft NDDF Decree also proposes a series of regulations on donations to the NDDF and from the NDDF (through expense support), the lending activities of the NDDF to commercial banks, which will in turn lend to eligible organizations, the investment activities in data products and services innovative start-ups, and other kinds of support. The government commits to provide VND 1 trillion (approx. USD 40 million) to the NDDF, evidencing the importance the government places on
January 23, 2025
Thailand’s Ministry of Digital Economy and Society, through the Digital Economy Promotion Agency (DEPA), recently held a focus group hearing on the draft Gaming Industry Promotion Act. This legislation seeks to strike a balance by promoting the growth of the online game industry while safeguarding society, with a particular focus on protecting youth from potential negative impacts and enhancing a positive gaming environment. From the public releases, the draft act is expected to address several key aspects, including: Registration requirements for key industry players, such as developers and platform providers. It is also worth monitoring whether these requirements will also apply to offshore entities offering services to users in Thailand. Governance measures, such as game rating systems and measures to address online gambling and violence in games. Incentives, such as the establishment of a fund to support the gaming industry, and tax incentives to promote Thai gaming businesses. DEPA plans to incorporate feedback from the focus group hearing to refine the Draft Act. The legislation is expected to be submitted to the cabinet for approval by April 2025, with enactment expected by the end of 2025. As this draft law is still at an early stage, amendments may be introduced during the legislative process. Businesses and stakeholders in the gaming industry are encouraged to monitor the matter closely and assess how the developing legislation may impact their operations.
January 22, 2025
Tasked with implementing the Politburo’s policy outlined in Notice No. 47-TB/TW dated November 15, 2024, the prime minister of Vietnam issued Decision No. 1718/QD-TTg on December 31, 2024, appointing himself as the head of a steering committee dedicated to the establishment of an international financial center in Ho Chi Minh City and a regional financial center in Da Nang by 2025. The Ministry of Planning and Investment has subsequently drafted an outline for the National Assembly’s Resolution on the Establishment of Regional and International Financial Centers in Vietnam (“Draft Resolution”). This Draft Resolution introduces two key policy groups: (i) policies governing the quantity, location, structure, organization, functions, and responsibilities of the financial centers; and (ii) policies applicable to various areas and matters within the financial centers. Notably, under the Draft Resolution, fintech has been identified as a key sector, with a specific focus on the implementation of a “controlled sandbox” policy for business models involving virtual assets and cryptocurrencies. Under this framework, transactions related to virtual assets and cryptocurrencies will be permitted from July 1, 2026, subject to licensing, management, impact assessment, and risk oversight by the financial centers’ Management and Operations Committee. Scope of Application and Key Principles The Draft Resolution applies to a wide range of stakeholders, including investors, regulatory agencies, organizations, and individuals involved in the establishment, organization, and operation of regional and international financial centers in Vietnam. These financial centers will have clearly defined geographical boundaries and specific locations, which will be further specified and detailed by the People’s Committees of Ho Chi Minh City and Da Nang. Companies successfully registered as members of these financial centers will benefit from special investor-friendly policy principles, which may differ from the general legal and regulatory framework applicable in other parts of Vietnam. Most notably, the state will