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 16, 2025

Thailand’s Cabinet Approves Principles of the Draft Entertainment Complex Act

Subscribe to Updates

On January 13, 2025, Thailand’s cabinet approved in principle the draft Entertainment Complex Act, as proposed by the Ministry of Finance. This landmark legislative proposal, which would allow casinos as part of larger “entertainment complexes,” will now proceed through further parliamentary review and approval.

Key provisions of the draft act are described below.

  • Corporate structure: Entertainment complexes must be operated by Thai-registered limited companies or public limited companies with a minimum paid-up capital of THB 10 billion. Directors of the licensed entity must be individuals and have the qualifications and none of the prohibited characteristics specified in the draft act. The draft act does not impose restrictions on foreign-majority ownership structures; however, it is worth monitoring whether any amendments addressing this matter are introduced during the legislative process.
  • Operating conditions: Each entertainment complex must be located in an area designated under a royal decree. It must also include at least four types of entertainment businesses listed in the annex to the draft act (e.g., shopping mall, hotel, sports stadium, amusement park), along with a casino. The allocation of casino space must comply with regulations to be specified at a later date.
  • Licensing conditions: Licenses will be valid for 30 years, renewable in increments of up to 10 years. The license issuance fee is THB 5 billion, the annual fee is THB 1 billion, and the renewal fee is THB 5 billion. The Entertainment Complex Policy Committee, chaired by the prime minister, will review and approve applications.
  • Online gambling restrictions: Licensees are prohibited from offering gambling through internet-connected systems or electronic devices that allow access from outside the casino premises.
  • Labor requirements: Thai and foreign employee ratios must adhere to prescribed regulations.
  • Land privileges: Lease agreements for land use are limited to 50 years. Renewal is permitted for up to 49 additional years, starting from the end of the initial term.
  • Entry fee for Thai nationals: Thai nationals must register and pay a fee of THB 5,000 per visit to access casino facilities.

Legislative Process and Timeline

As this matter continues to be widely reported on in the press, it is worth keeping in mind the stages that the draft Entertainment Complex Act has left to go through:

  • Council of State review: The cabinet will submit the amended draft to the Council of State within the next few weeks.
  • Second cabinet review and approval: After review by the Council of State, if no further comments are made, the bill will be resubmitted to the cabinet for final approval—expected to occur possibly around late February or early March 2025.
  • House of Representatives deliberation: Once approved, the bill will proceed to the House of Representatives for a deliberation period that may last for up to 180 days. The deliberation period comprises three readings.
  • Senate review: After passage by the House of Representatives, the bill will be submitted to the Senate for three additional readings, which may take up to 60 days.
  • Royal assent: Upon Senate approval, the bill will be forwarded to the king for royal assent and published in the Government Gazette.

The exact timing of these stages may vary widely, but passage of the draft act likely will not be possible until at least the second half of 2025.

For more details on the draft Entertainment Complex Act, or on any aspect of gaming regulations in Thailand, please contact Tilleke & Gibbins at [email protected].

Related Professionals

Industries

Technology

Practices

Corporate/M&A

Real Estate

Location

RELATED INSIGHTS​ 

June 30, 2022
Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) became fully effective and enforceable on June 1, 2022. To ensure that the PDPA will be smoothly and efficiently enforced, the Personal Data Protection Commission (PDPC) is issuing various subordinate regulations. On June 20, 2022, the first set of these regulations was issued and published in the Government Gazette, and according to the Ministry of Digital Economy and Society (MDES), another set of subordinate regulations is expected to be issued by the end of June 2022. The first set consists of the following four subordinate regulations:   1) Notification of the PDPC Re: Exemption to the Record of Processing Activities Requirement for Data Controllers that Are Small Businesses B.E. 2565 (2022) (“ROPA Exemption Notification”) Under the PDPA, data controllers are obligated to prepare and maintain a record of processing activities (ROPA) containing information specified in Section 39 of the PDPA, including the personal data collected, the purposes of the processing of the personal data, the retention period, etc. However, under this ROPA Exemption Notification, a data controller will be exempted from the obligation to prepare and maintain a record of such required information (except information related to the rejection of a request from a data subject to exercise (i) right of access; (ii) right to data portability; (iii) right to object; and (iv) right to rectification), if its business falls within the scope of any of the following: Small or medium-sized business according to the law on small and medium-sized enterprise promotion, defined as follows: Community enterprise or social enterprise, as referred to under the law on community enterprise promotion. Social enterprise, as referred to under the under the law on social enterprise promotion. Cooperative, cooperative union, or agriculturist’s group under the law on cooperatives. Foundation, association, religious body, or
Read More
June 6, 2022
Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) entered into force in full on June 1, 2022. The PDPA, which contains similarities to the EU’s General Data Protection Regulation (GDPR) introduces obligations and restrictions relating to the collection, use, and disclosure of personal data in Thailand. While the new law applies to franchisors and franchisees in the same way that it applies to other businesses, there are a number of issues that are of specific importance in franchise businesses. As franchisors and franchisees have the power and duty to make decisions concerning the collection, use, and disclosure of customers’ and employees’ personal data in the course of their operations, they are considered “data controllers” under the PDPA. The Trade Competition Commission of Thailand, via its Notification on the Guidelines for the Consideration of Unfair Trade Practices in Franchise Businesses issued under the Trade Competition Act B.E. 2560 (2017), defines a franchise relationship as one which, among others, involves an element of control by the franchisor over the business operations of the franchisee. It follows then that in some situations, franchisees’ collection, use, and disclosure of personal data will be according to the instructions of their franchisors. In such circumstances, a franchisee will be considered a “data processor” under the PDPA. Whether acting as data controllers or data processors, franchisors and franchisees must nonetheless comply with the requirements of the PDPA in the course of their operations. To ensure their activities are in compliance with the law, franchise businesses should consider five major actions: 1. Auditing existing data collection and retention practices Whether operating online or via a brick and mortar shop, it is increasingly common for franchise businesses to store and process customers’ personal data. This may include the storage and transmission of credit card information for auto-billing
Read More
April 26, 2022
During the first quarter of 2022, Thailand’s Securities and Exchange Commission (SEC) announced a series of notifications aiming to strengthen the regulatory regime for digital assets while safeguarding investors’ interests. The updated rules and conditions apply to digital asset business operators licensed by the SEC. The key features of the new notifications, which took effect in March and April 2022, are summarized below. Custody of customers’ assets (effective March 1, 2022) As custodians of their customers’ assets, digital asset business operators must: Segregate customers’ assets in their custody so that the operators can clearly identify which assets belong to which investors. If customers’ digital assets are to be deposited with a third party, the operators must inform the customers accordingly. Refrain from seeking benefits from customers’ assets in any manner other than the purpose for which the assets are held. This includes refraining from using customers’ assets to provide benefits to others or to the customers themselves, and from depositing customers’ digital assets with a custodian that intends to lend out the digital assets (but does not include giving the customer’s assets to a licensed digital asset fund manager for investment in digital assets). Reconcile customers’ assets and keep evidentiary documentation for a period of at least five years. Privacy coin services (effective April 1, 2022) Digital asset business operators are prohibited from providing privacy coin services that can conceal (or allow the concealing of) specific transactional information, such as data about the transferor, the transferee, and the transfer amount. Digital asset business operators that provided privacy coin services to customers before the effective date of these new regulations may continue to provide such services, but they must arrange for their customers to disclose at least the required transactional information or agree not to engage in information concealment. Digital
Read More
March 10, 2022
On March 7, 2022, the government of Vietnam issued Resolution No. 27/NQ-CP (“Resolution 27”) approving the promulgation of the latest version of the Draft Decree on Personal Data Protection (“Draft PDPD”) prepared by the Ministry of Public Security (“MPS”), and further instructed the MPS to pass this draft to the National Assembly’s Standing Committee for final consideration. Although the full content of the approved Draft PDPD has not been made available to the public, Resolution 27 clearly sets out several circumstances approved by the government in which processing of personal data can be carried out without the consent of the data subjects. In comparison with the corresponding provision under the widely seen version of the Draft PDPD made available to the public in February 2021 (“February Draft”), the main differences are as follows: If the data processing is necessary in response to an emergency situation that threatens the life, health, or safety of the data subject or other individual, the data controller, data processor, data controller/processor, or a third party can process the personal data without consent of the data subject, but they are responsible for proving that the situation is an emergency. The February Draft did not mention any requirement of proof. Moreover, “safety of the data subject or other individual” is a newly added criterion for personal data processing without consent under this circumstance. If the data processing is necessary because of national defense and security requirements, the processing must be carried out by competent authorities in accordance with other laws. The requirement that the processing must be carried out “by competent authorities” in this circumstance was not provided under the February Draft. Two circumstances have been removed: the processing of personal data in compliance with specific provisions that explicitly allow the processing of personal data without
Read More