Knowledge
Amendments to the Labour Protection Act to Enhance Employee Welfare, Ease Reporting Requirements
Subpoenaing Witnesses and Documents in Arbitration Proceedings
Guidance on the Thailand Digital Arrival Card (TDAC)
Same-Sex Marriage
Distinctiveness of Marks
FAST TRACK- Consideration of Trademark Application for New Year’s 2025
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Setting Up a Data Center in Thailand: Key Legal and Practical Insights
Introduction Following a recent announcement by a leading global technology firm (Mircosoft) of its intention to establish an international data center in Thailand, the importance of understanding the regulatory landscape relating to data centers in Thailand has intensified. The investment …
Thailand Privilege Card Program by Thailand Elite
Since 2003, Thailand Elite, an organization supported by the Thai government and a wholly owned subsidiary of the Tourism Authority of Thailand (“TAT”), has offered the opportunity to eligible foreigners to obtain a Thailand visitor visa for 5, 10 or …
Long-Term Resident (LTR) visa has been granted to a highly-skilled professional. How does the 17% personal income tax flat rate work in practice?
Congratulations to highly-skilled professionals whose Long-Term Resident (“LTR”) visa is approved and stamped in their passport. Those LTR professionals with potential eligibility to pay personal income tax at a 17% flat rate may however now have questions about how this …
Personal Data Protection Regulations
The Personal Data Protection Act (PDPA) came fully into effect on 1 June 2022, and four new regulations under the PDPA have recently been issued and took effect on 21 June 2022. We understand that more regulations are expected soon. …
Developments in Judicial Interpretation of Labor Law
Although one sometimes encounters reference to a “precedent” decision from the Thai courts, in fact the decisions of the Thai courts – although frequently persuasive – do not form part of the body of the law. Divergences in judicial interpretation …
Thailand’s Personal Data Protection Act – hazards and perils for data holders!
Introduction: Prior to 2019, there was no specific law in Thailand to protect personal data. A person who sought to protect the acquisition, storage or distribution of his/her data had to base an action in contract, or under the doctrine …
Thailand encourages mediation of certain disputes as an alternative to litigation
Introduction: Many have commented on the delays and inefficiency that are encountered in civil litigation in Thailand. There are numerous changes that could be made to the Civil Procedure Code to make it more fit for the purpose of deciding …
Why more foreign investors in Thailand are including international arbitration clauses in their contracts which include Bangkok as the venue to settle disputes
In 2020 foreign investors into Thailand will increasingly choose Bangkok as a venue to settle disputes, rather than going to settle their disputes at arbitration in Singapore or other cities in South-East Asia (such as Singapore), which are more costly …
How to use intellectual property to strengthen your business
Use a provisional patent application A provisional patent application will help prevent your invention from being stolen. If you discover a new invention, even if it still has room for improvement, you should consider filing a provisional patent application. The …
Lawyers Are Targets in FCPA Investigations Too
“I should have refused to draft the contract that we used for paying bribes.” – Former Keppel Offshore & Marine Ltd., In-House Counsel Jeffery Chow. Lawyers, particularly in-house lawyers, are supposed to be the first line of defense in preventing FCPA …
Thailand’s TPI Corruption Perception Score Essentially Remains Unchanged
The respected anti-corruption organization, Transparency International, released its 2017 ranking of countries based on perceived levels of public sector corruption. The TPI employs a scale of 0 to 100, where 0 is highly corrupt and 100 is very clean. Thailand’s …
Registering Sounds as Trademarks
As part of recent amendments to the Trademark Act B.E. 2534 (A.D. 1991), sounds may be registered as trademarks in Thailand. While there was a significant lag between enactment of the amendments and the creation of the relevant infrastructure at …
The Revenue Department’s Latest Move To Tackle Transfer Pricing
Over the past few years Thailand has moved towards creating a framework for addressing transfer pricing. In 2015, a draft version of new transfer pricing laws were approved by the Thai Cabinet and forwarded to the National Council of State …
Protecting Trademarks In Thailand Through the Madrid Protocol
Having to protect trademarks in multiple jurisdictions has historically been a headache for multinationals. The Madrid Protocol for the International Registration of Marks has made the process easier by allowing applicants to file a single international application and pay a …
Urgent Work Permit Requirements Revised
While it is relatively easy for foreigners to come to Thailand as tourists, potential issues often arise when they come for “work”, which includes such activities as academic seminars, business meetings, or market research, just to name a few. These …
Employees Entitled To Voluntary Retirement at 60
By Piyawannee Watanasakolpunt and Suthasinee Neamsum Assisting individuals who reach retirement age has long been discussed. Thailand has introduced a modest state pension scheme as well as saving incentives for employees in the form of welfare funds and provident funds. An …
Enhanced Protections For Consumers Targeted By Direct Sales and Marketing Operators
By Piyawannee Watanasakolpunt and Suthasinee Neamsum Amendments to Thailand’s Direct Sales and Direct Marketing Act (No.3) B.E. 2560 (2017) became effective on 14 September 2017. The new amendments make significant changes to the definition of “direct marketing” and impose additional duties and …
New Customs Act Provides Some Relief for Importers
Importers have been clamoring for changes to Thailand’s customs laws for years, arguing against the severity of penalties for violation and lack of clarity in the appeals process. After many years of debate and various draft proposals, a new Customs …
Deemed Retirement Age Now 60 – Right to Statutory Severance
The Labor Protection Act of 1998, Section 118, (LPA) requires all employers in Thailand to pay severance to employees who are “terminated” by the employer without legal cause (as described in LPA Section 119). The Thai courts interpret “termination” to include scenarios …
Mergers in Thailand – Soon To Become Reality?
By Piyawannee Watanasakolpunt and Sudthapa Thanathanya Thailand-based businesses looking to combine operations have been unable to take advantage of a tool found in many other jurisdictions – merger. Instead, businesses have often been forced to choose from less attractive choices, such …
Significant Changes in Store Under New Trade Competition Act
Trade competition in Thailand has been regulated under the Trade Competition Act B.E. 2542 (1999) (the “Current Act”), which has remained unchanged for almost twenty years. On 7 July 2017, a new trade competition act, known as the Trade Competition …
Additional Changes to Civil and Commercial Code Proposed
By Piyawannee Watanasakolpunt and Sudthapa Thanathanya The Thai Office of the Council of State has made further proposals to simplify corporate administration by proposing a bill to amend the Civil and Commercial Code (CCC), the main statute governing the incorporation and …
FCPA Enforcement under the Trump Administration
There has been considerable speculation about how vigorously the Trump administration will enforce the Foreign Corrupt Practices Act (“FCPA”) given Trump’s past criticism of this law. In 2012, Trump famously called the FCPA a “horrible law”. But thus far senior …
New Alien Workers Law
The primary Thai laws and ordinances governing “aliens”, or non-Thai nationals, working in Thailand are the Alien Workers Act, B.E. 2551 (“Alien Workers Act”) and the Royal Ordinance on Bringing Alien Workers to Work with an Employer in the Kingdom …
Finality of Awards: Investor-State Disputes. ICSID?
One of the key virtues of any dispute resolution mechanism is finality. Will the dispute resolution mechanism lead to a final result in a relatively short amount of time and avoid endless and expensive reviews, appeals and challenges? If a …
Electronic Filing of Thai Court Documents
By Auttasak Sulaiman and Sudthapa Thanathanya Filing court documents in Thailand has, until recently, required an in-person trip to the applicable court, which can be both time consuming and expensive for ongoing litigation involving multiple hearings. While the Civil Procedure …
Thailand’s New E-Work Permits Bring An End To Blue Books
By Piyawannee Watanasakolpunt and Suthasinee Neamsum Foreigners employed in Thailand are required to obtain an appropriate visa as well as a work permit. Work permits are issued by the Ministry of Labor and take the form of a small, passport sized …
Cabinet Approves Updates to Thailand’s Labour Relations Act
Thailand’s Labour Relations Act B.E. 2518 (1975) (“LRA”) governs the collective bargaining relationship between employers and employees as a group (such as employee unions or committees), not to be confused with the Labour Protection Act B.E. 2541 (1998) (“LPA”), which …
Thailand’s Latest Efforts to Facilitate Business Operations – Bankruptcy Laws
By Piyawannee Watanasakolpunt and Sudthapa Thanathanya This is our third and final installment highlighting efforts of the National Council for Peace and Order (“NCPO”) to facilitate business operations in Thailand. The NCPO issued order no. 21/2560 on 4 April …
Arriving in Thailand at a Land Border Without a Visa?
Foreign nationals from nearly 50 countries as well as Hong Kong are able to enter Thailand and stay for up to 30 days for tourism purposes without having to obtain a visa, instead receiving what is known as a “permit …
Thailand’s Latest Efforts to Facilitate Business Operations – Work Rules, Public Company Management, Social Security
By Piyawannee Watanasakolpunt and Sudthapa Thanathanya This is our second installment highlighting efforts of the National Council for Peace and Order (“NCPO”) to facilitate business operations in Thailand. As mentioned in our first installment covering changes to the Civil and …
Department of Justice Attache to Deliver Remarks on Criminal Enforcement of FCPA
On 15 May 2017 the Legal Committee of the American Chamber of Commerce in Thailand (AMCHAM) will welcome U.S. Department of Justice Attaché Catharine Hartzenbusch, who will deliver remarks on current trends in the criminal enforcement of the Foreign Corrupt …
Thailand’s Latest Efforts To Faciliate Business Operations – The Civil and Commercial Code
By Piyawannee Watanasakolpunt and Sudthapa Thanathanya In a move aimed to facilitate business operations in Thailand, the National Council for Peace and Order (“NCPO”) issued order no. 21/2560 on 4 April 2017 with immediately effect to amend provisions of the …
Thailand Consolidates Its Excise Tax Laws While Introducing New Rates
A new Excise Tax Act was enacted on 18 March 2017 and published in the Royal Gazette on 20 March 2017. The new law will become effective in September 2017 (180 days after publication in the Royal Gazette) and will …
Former TAT Gov & Daughter Receive Lengthy Sentences – Thai Film Festival Corruption Case
The former Governor-General of the Tourism Authority of Thailand, Ms. Juthimas Siriwan, and her daughter, Jittisopha Siriwan, were given lengthy prison sentences on 29 March 2017 in connection with kickbacks paid to procure contracts from Bangkok Film Festival from 2003 …
Cabinet Approves Draft for Single Person Company Incorporations
On 24 January 2017, the cabinet approved a draft of the Incorporation of Single Person Companies Act (the “Draft Act”). The purpose of this Draft Act is to support small and medium enterprises (“SMEs”) by allowing a legal entity to …
The SEC’s New Weapons In The Fight Against Market Manipulators
Preventing market manipulation is key to maintaining the credibility of capital markets. Insider trading, wash trading, churning, and pumping and dumping are just a few of the types of manipulation regulators need to attack in order to ensure that capital …
Amendments to Computer Crimes Act better arm authorities to fight cyber crime
On 24 January 2017, amendments to the Computer Crimes Act B.E 2550 were enacted as the Computer Crimes Act No.2 B.E.2560 (2017) (the “Act”) and will officially come into force 120 days thereafter. When the Act becomes law, it will …
Amendment to the Computer Crimes Act & Section 20
Amendment to Thailand’s Computer Crimes Act (CCA) was approved by the legislature in December 2016 and published in the Government Gazette on 24 January 2017, so will officially become law in May 2017. Few laws have attracted so much controversy; more than 300,000 …
Death Penalty for Some Corruption Cases in Thailand?
According to the Bangkok Post Thai officials convicted in corruption cases involving more than one billion baht could face the death penalty. Previous Thai legislation provided for the death penalty for officials convicted of bribery, but the Bangkok Post reports …
Mandatory Provident Fund Coming in 2018?
Like many other countries, Thailand faces a demographic crisis where a rapidly aging population is belatedly preparing for a long post-retirement life. By some estimates, the proportion of those over 65 will be 19.5 percent in 2030 and 25 percent …
New Court Established To Assist In Thailand’s Fight Against Corruption
The Criminal Court for Corruption and Misconduct Offences represents Thailand’s latest effort in its battle against corruption. The new court, established under the recently enacted Act on the Establishment of Criminal Court for Corruption and Misconduct Offence B.E. 2559 (2016), …
Annual Permanent Residency Application Process Begins Early for 2016
Foreigners seeking to apply for Permanent Residency in Thailand have in the past faced a short one-month time frame in December to begin the process. This year, the Immigration Bureau has granted potential applicants more leeway by extending the application period …
Rehabilitation Process For SMEs
The Bankruptcy Act has been amended to help small and medium size entities (SMEs) enter into the rehabilitation process in Bankruptcy Act No. 9 B.E. 2559 (2016) (“the amendment”), which became effective on 25 May 2016. Debtor Various types of …
Thai Anti-Corruption Law – An Overview
Corruption has much the same effect on the development of a nation that cancer has on the life of a biological organism. Recognizing this, Thailand has various laws criminalizing corruption, recently enacted new anti-corruption laws and plans to expand the …
Severance Agreements and the FCPA
A recent U.S. Securities and Exchange (SEC) administrative proceeding against California based Health Net illustrates a challenge when documenting settlements with exiting employees in Thailand. Heath Net used severance agreements that required employees to waive their rights to obtain monetary …
Corporate Governance and Filing Obligations for Thai Private Limited Companies
Under Thai law, the corporate governance and filing requirements for a Thai private limited company (the Company) can be classified into two categories, namely: (a) regular items, and (b) occasional items. Regular corporate governance matters and filings consist of the …
Land and Building Tax Proposal Clears Thai Cabinet
Following a meeting on June 7, 2016, the Thai Cabinet has approved, in principle, a draft “Land and Buildings Tax Act”, which is intended to take effect in 2017. The new act would replace the current Land and Building Tax …
Agricultural Land Leases Off Limit to Foreigners
Amendments to the Agricultural Land Lease Act effective as of 30 April 2016 introduce a broad prohibition on “foreigners” from leasing land for agricultural purposes. The amendments define “foreigner” generally along the same lines as Thailand’s Foreign Business Act, with one …
Qualifying as a “Security Enforcer” under the Business Security Act
On 7 August 2015 the National Legislative Assembly (NLA) approved new legislation called the Business Security Act (BSA), which will come into force in July. The BSA is intended to provide Thailand with a form of personal property security interest …
SEC Proposes Fast Track Scheme For Public Offerings
In an effort to streamline the public offering process for listed companies with good corporate governance records, the SEC has proposed a set of new rules that will be subject to public comment until 19 May. Under the new rules, those …
More Government Control Over Online Content?
As reported in the Nation, the Thai legislature is considering possible amendments to Thailand’s Computer Crimes Act that would allow the government to remove content on blogs, websites and social media platforms such as Facebook and Line if deemed “inappropriate” …
Labour Department Goes Paperless For Work Rules
Late last year, the Department of Business Development introduced an e-filing service for the filing of annual financial reports, as highlighted here. The Department of Labour Protection and Welfare (the Labour Department) recently took similar steps for filing work rules …
Thai Bankruptcy Rehabilitation Proceedings – Claims by Foreign Creditors
Foreign companies dealing with Thai companies that are having financial problems should be alert to notices that the Thai company is the subject of an Order for Reorganization under the Thai Bankruptcy Act. This is particularly true if the Thai …
When Employees Leave: What Employers in Asia/Pacific Need to Know about Protecting Company Rights and Confidential Information
PriceSanond partners Andrew Wynne and Pramote Srisamai recently authored the Thai section of a publication based on a 2015 webinar presented by a representative group of the Asia/Pacific members of the Employment Law Alliance focusing on “When Employees Leave: What Employers …
Thailand Grappling with Labour Shortage in the Tourism Sector
The Thai Hotel Association (THA) reports that there is a labor shortfall in the hotel industry in Thailand. Thailand has seen a rise in hotel occupancy rates from last year and the THA is predicting a further increase in occupancy rates …
NBTC Sets Targets for 4G Auction
The National Broadcasting and Telecommunications Commission (NBTC) has set targets to revise auction details for the 1800 and 900 megahertz spectrum in January 2015, and to make a new schedule for the auction in July 2015, reports The Bangkok Post. …
NBTC Rejects DTAC’s 4G Proposal
DTAC’s request to develop its idle 25-megahertz band on the 1,800MHz spectrum to provide a 4G cellular service, has been rejected by the National Broadcasting and Telecommunications Commission (NBTC), reports the Bangkok Post. DTAC – Thailand’s second largest telecom – …
Corporate Income Tax Reduced to 20%
The National Legislative Assembly passed an amendment to the Revenue Code reducing the corporate income tax rate to 20%. The reduction will start on the fiscal year beginning 1 January 2016. The amendment is expected to be published in the …
Trade Group to Propose Five-Year Professional Visa
In an effort to lure more highly skilled professionals to Thailand, the Joint Standing Committee on Commerce, Industry and Banking is reported to have prepared a proposal for five-year visas. The Thailand Development Research Institute is also reported to be …
PriceSanond Labour Partner Presents at AMCHAM Joint Committee Event
Mr. Pramote Srisamai of PriceSanond spoke at an AMCHAM Joint Legal/ICT/HR Committee Event on 12 February 2013 on “Tricky World of Work Permits”. A copy of his PowerPoint can be accessed here. A copy of the paper distributed on Thai …
Workplace Relations in Thailand
American Chamber of Commerce in Thailand 12 February 2016 Annual HR/Legal Update High Level Guidance on Thai Labor Law 1. Generally The climate for workplace relations in Thailand is generally stable and hence favorable for foreign investors. Large-scale, acrimonious labor disputes …
Permission Now Required For Supreme Court Appeals
Unlike the Supreme Court in the U.S., Thailand’s Supreme Court has provided a right of appeal for most cases heard by the Thailand’s lower courts. In particular, any factual issue heard by the Court of Appeals would be entitled to …
Amendments to Trade Competition Act Approved by Cabinet
Thailand’s Trade Competition Act (TCA) has been labeled an unenforceable law since it went into effect in 1999, as there have no been no prosecutions under the TCA. But on 2 February 2016 the Cabinet approved draft amendments to the …
New Article on Anti-Corruption Law in Thailand
Corruption has much the same effect on the development of a nation that cancer has on the life of a biological organism. Recognizing this, Thailand has various laws criminalizing corruption, recently enacted new anti-corruption laws and plans to expand the …
Government Aims to Further Promote SMEs
In addition to its recent tax incentives targeting small and medium-size entities (SMEs) as reported here, the Thai government, through the Small and Medium Enterprise Promotion Committee, approved a nearly 2 billion THB budget to finance SME related projects. As …
Tax Incentives Offered to Qualifying SMEs
Thailand has an estimated 2.8 million small and medium size entities (SMEs), with many having multiple financial accounts and which use with the smallest one used in order to understate tax liability. Effective as of 1 January, 2016, SMEs and …
The Business Security Act – Personal Property Security Interests
On 7 August 2015 the National Legislative Assembly (NLA) approved new legislation called the Business Security Act (BSA), which will come into force on 1 July 2016. The BSA is intended to provide Thailand with a form of personal property …
Siriwans Claim Innocence
The Bangkok Post reported on 9 November 2015 that: “[f]ormer Tourism Authority of Thailand governor Juthamas Siriwan and her daughter on Monday plead innocent at the Criminal Court to bribery charges in the Bangkok International Film Festival scandal.” Over five years …
New Law Impacts Operators of Warehouses, Silos and Cold Storage Facilities
The Warehouse, Silo and Cold Storage Act (the “Act”) was signed into law on 22 August 2015 and will come into effect one hundred days following publication in the Government Gazette, which publication occurred on 27 August 2015. The Act’s …
New Law Impacts Operators of Warehouses, Silos and Cold Storage Facilities
The Warehouse, Silo and Cold Storage Act (the “Act”) was signed into law on 22 August 2015 and will come into effect one hundred days following publication in the Government Gazette, which publication occurred on 27 August 2015. The Act’s …
Telecommunications Overview
Up until relatively recently, telecommunications in Thailand were mostly operated by the government via state-owned enterprises but increasingly the private sector has come to dominate, with the major state-owned telecom operators – the TOT Plc (formerly the Telephone Organization of Thailand) …
Amendment to Machinery Registration Act
The Act amends the Machinery Registration Act B.E. 2514 (1971), as amended by the Machinery Registration Act (No. 2) B.E. 2530 (1987), by: allowing private individuals who are duly licensed by the Central Machinery Registrar to inspect machinery in connection …
DBD Goes Paperless for Financial Statement Filings
As part of their annual corporate compliance requirements, Thai private limited companies have been required to file a copy of their audited financial statements along with a form Sor Bor Chor 3 with the Department of Business Development (DBD). Starting …
Amendments to the Building Control Act
The Building Control Act, B.E. 2522 (1979) (the BCA) has been amended by the Building Control Act (No.5), which took effect on 28 August 2015. The most significant change concerns the liability of a building owner who does not provide building insurance …
Expansion of Thai Anti-Corruption Laws
Recent amendments to the Organic Act on Counter Corruption, B.E. 2542 (the “Organic Act”) have expanded the scope of Thai anti-corruption laws (the “Amendments”). The provisions of the Amendments that are most important or have received the most press concern: …
Single Shareholder Companies in Thailand?
Thai law historically required that a Thai private limited company have at least seven shareholders. In 2008, a change in the law reduced the minimum number of shareholders to three. However, even this reduced requirement can create problems for foreign …
What a Difference Discovery Makes
Discovery under the U.S. federal and state law is broad, providing plaintiffs with a variety of tools to assemble evidence for their cases, such as depositions, requests for production of documents, subpoenas, and interrogatories (written questions) and requests for admissions. …
NACC Now Requiring Filing of Income & Expenses Statements from Some Contractors
The National Anti-Corruption Commission (NACC) has begun enforcing a notification that require private parties with a contract with a state agency or state owned enterprise (SOE) to submit an income and expense statement with the NACC if that contract has …
NACC Now Requiring Filing of Income & Expenses Statements from Some Contractors
The National Anti-Corruption Commission (NACC) has begun enforcing a notification that require private parties with a contract with a state agency or state owned enterprise (SOE) to submit an income and expense statement with the NACC if that contract has …
Are There Limits To The Creeping Extraterritorial Application Of U.S. Law?
In May 2015, the U.S. Department of Justice (DOJ), in connection with investigations by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation Division, indicted fourteen people in connection with wire fraud, racketeering and money laundering as …
Are There Limits To The Creeping Extraterritorial Application Of U.S. Law?
In May 2015, the U.S. Department of Justice (DOJ), in connection with investigations by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation Division, indicted fourteen people in connection with wire fraud, racketeering and money laundering as …
Thailand Tackles Transfer Pricing
On May 7, 2015, the Cabinet approved amendments to the Thai Revenue Code aimed to clarify Thailand’s position on transfer pricing. Previously, the only guidance on transfer pricing has come more informally in via Revenue Department instructions (namely, Departmental Instruction …
What is the Department of Industrial Works
The Department of Industrial Works (DIW) (กรมโรงงานอุตสาหกรรม) is a department under the supervision of the Thai Ministry of Industry (MOI). When the MOI was spun off from the Ministry of Commerce in 1942, the DIW was one of the first …