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Revised Digital Government Standard Updates Public Sector Data Governance Framework

The Digital Government Development Agency (DGA) continues to advance digital transformation across the public sector by releasing an updated framework for data governance. This revision strengthens structured, ethical, secure, and interoperable data management practices, serving as a vital foundation for efficient public services, evidence-based policymaking, and trusted collaboration between government and the private sector.

The Announcement of the Digital Government Development Committee on Digital Government Standards Regarding the Public Sector Data Governance Framework (Revised Edition: Practical Guidelines) (Mor Dor. 6 : 2566), commonly referred to as DGF V.2.0, replaces the earlier version and introduces significantly more actionable implementation support for government agencies.

Background and Purpose of the Revision:

The update is grounded in the Digital Government Administration and Services Act B.E. 2562 (2019), which requires public agencies to adopt sound data governance practices. While the original framework (V.1.0) focused primarily on establishing theoretical foundations, the 2023 revision (Mor Dor. 6 : 2566) retains core principles while substantially expanding practical guidance based on implementation experience and agency feedback.

The revised standard is designed for a wide audience — ranging from non-IT personnel and field operators to policymakers, data analysts, and senior executives. Its main objectives include:

  • Improving data quality, security, accessibility, and usability
  • Facilitating seamless data integration and sharing across agencies
  • Advancing open government data initiatives
  • Enabling advanced analytics and data-driven decision making
  • Building public confidence through transparent, accountable, and privacy-respecting data practices

Notable enhancements include clearer definitions of key terms (such as “government agency,” “public sector data governance,” “data strategy,” “data owner,” and “data agent”), refined data classification categories (public, internal, personal, official secret, and national security data), and the addition of practical implementation tools, readiness assessments, maturity models, and real-world case studies.

Core Components of the Revised Framework:

The standard takes a comprehensive lifecycle approach to data management — from collection, processing, and storage to sharing, archiving, and disposal. It is structured in two main sections:

  1. Theoretical Foundations — Core principles of lawfulness, transparency, accountability, data quality, security, privacy protection (fully aligned with the Personal Data Protection Act — PDPA), interoperability, ethical use, and stewardship. These principles have been clarified and made more accessible.
  2. Practical Guidelines — Newly expanded content offering step-by-step implementation support, including:
    • Establishing effective data governance structures and committees
    • Defining clear roles and responsibilities (data owners, custodians, stewards, and processors)
    • Developing agency-specific data strategies, policies, and procedures
    • Metadata management, data cataloguing, and data quality control
    • Readiness assessment and progressive maturity evaluation
    • Auditing, monitoring, compliance mechanisms, and risk management
    • Practical case studies and solutions to common implementation challenges

The framework promotes integration with national platforms such as the Government Data Exchange (GDX) and the Government Data Catalog (GD Catalog), enhancing discoverability and secure data sharing.

Alignment with National Digital Infrastructure and Investment Goals:

This data governance update supports the government’s broader strategy to upgrade critical infrastructure and attract high-value investments in future-oriented industries. Recent policy announcements emphasize strengthening digital foundations alongside clean energy development to support sectors such as data centers, semiconductors, electric vehicles, artificial intelligence, smart cities, and other high-technology industries.

Robust public sector data governance provides the essential trust layer required for secure public-private partnerships, large-scale digital projects, and the responsible use of data in analytics and AI applications.

Key Takeaways for Businesses and Investors:

  • Elevated Compliance Standards: Government agencies are expected to enforce stricter requirements on data security, privacy, quality, and interoperability in all interactions, procurement processes, and partnerships.
  • New Business Opportunities: Rising demand for data governance platforms, training services, metadata tools, analytics solutions, compliance consulting, and implementation support services.
  • Smoother Collaboration: Enhanced interoperability reduces friction in government procurement, licensing, reporting, data-sharing agreements, and joint digital projects.
  • Risk Reduction: Companies that align with the new public sector benchmarks can better manage compliance risks, especially in regulated industries such as financial services, healthcare, telecommunications, and energy.
  • Innovation Enablement: Improved availability and governance of public data open new avenues for developing value-added services, open data applications, and AI-driven solutions.
  • Strategic Positioning: Early alignment with these standards strengthens competitiveness when bidding for government contracts and participating in Thailand’s expanding digital economy ecosystem.

Outlook and Recommendations:

The public sector data governance landscape continues to evolve rapidly. The DGA is expected to roll out additional supporting tools, training programs, and related standards on open data and data cataloguing.

Businesses should consider the following actions:

Explore partnership opportunities in supporting digital government transformation projects.

Benchmark internal data governance practices against the revised public sector framework, particularly when handling government data or participating in public-private initiatives.

Monitor the publication of agency-level data strategies and any forthcoming implementation guidelines.

Engage with DGA resources, workshops, and capability-building programs.

Author: Panisa Suwanmatajarn, Managing Partner.

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Guidelines on State Litigation and Administrative and Constitutional Court Proceedings

On 21 April 2026, the Thai Cabinet approved consolidated guidelines governing litigation involving state agencies, encompassing procedures applicable to proceedings before the Administrative Courts and the Constitutional Court, as proposed by the Secretariat of the Cabinet (SOC).

This Cabinet Resolution repeals and supersedes all prior Cabinet resolutions issued between 2018 and 2022, thereby establishing a single, unified legal framework for state litigation. The reform is designed to enhance clarity, procedural consistency, operational efficiency, and legal certainty — particularly in administrative and constitutional proceedings involving executive authorities.

1.   Guidelines Governing Litigation by State Agencies

These guidelines apply broadly to all government entities, including central government agencies, regional and local administrative authorities, state enterprises, public organizations, and other state bodies.

Criminal Proceedings

  • Where a criminal offence is committed against a state agency, it is required to file a complaint with the competent inquiry official.
  • Where a state agency is named as a defendant in criminal proceedings, representation and conduct of the case shall be undertaken by the public prosecutor.
  • State agencies are prohibited from initiating criminal proceedings through privately retained legal counsel, except in circumstances where the public prosecutor declines to act or is otherwise unable to undertake representation.

Disputes Between State Agencies

  • State agencies shall exercise due diligence to ensure that disputes and claims are managed in a timely manner and do not become statute-barred.
  • Where a limitation period is approaching expiry and the agency is unable to promptly refer the matter to the Office of the Attorney General due to budgetary constraints, the relevant government agency shall arrange for an acknowledgment of debt to preserve the right on the claim and prevent loss.

Time-Barred Claims

  • The Cabinet has expressly directed that state agencies must not initiate or pursue claims that are already statute-barred.
  • The pursuit of time-barred claims constitutes an improper use of public funds and resources, and risks undermining public confidence in the administration of justice.
  • State agencies must not seek to exploit procedural advantages, or take advantage of any lack of legal knowledge on the part of private parties, with respect to claims for which the limitation period has already expired.

2.   Proceedings Before the Administrative Courts

The resolution revises the procedures applicable to administrative proceedings in which the Cabinet, the Prime Minister, Deputy Prime Ministers, or Ministers attached to the Prime Minister’s Office are parties to the litigation. The key features are as follows:

  • Where a dispute arises from a Cabinet’s Resolution and no specific agency bears direct responsibility for the matter, the Secretariat of the Cabinet (SOC) or the Office of the Permanent Secretary to the Prime Minister’s Office (OPM), as applicable, shall serve as the coordinating authority.
  • Public prosecutors are vested with full power of attorney to represent the Cabinet and holders of political office before all levels of the Administrative Courts.
  • Such authority extends to the negotiation of settlements, withdrawal of claims or defenses, waiver of rights, and the filing of appeals, thereby ensuring centralized case management and consistency in litigation strategy.

3.   Proceedings Before the Constitutional Court

The resolution provides significant clarification of the procedures applicable to proceedings before the Constitutional Court — an area previously governed by fragmented and dispersed rules.

Cases Involving the Executive

In cases where the Cabinet, the Prime Minister, Deputy Prime Ministers, or Ministers attached to the Prime Minister’s Office are named as respondents:

  • The Secretariat of the Cabinet (SOC) or the Office of the Permanent Secretary to the Prime Minister’s Office (OPM), as applicable, shall act as the principal coordinating authority.
  • Public prosecutors are authorized to conduct the defense on behalf of such parties, including the preparation and filing of pleadings, motions, and objections.
  • These measures are intended to ensure consistency, procedural uniformity, and the professional management of constitutional litigation involving executive authorities.

Constitutional Review of Legislation

The resolution retains and consolidates existing procedures governing the constitutional review of legislation, including:

  • Bills and organic laws approved by Parliament; and
  • Existing laws or draft legislation alleged to be inconsistent with, or contrary to, the Constitution.

In such cases:

  • The Secretariat of the Cabinet (SOC) shall coordinate the collection of opinions from all relevant government agencies and the Council of State.
  • A single, unified position on behalf of the Government shall be prepared and submitted to the Constitutional Court.
  • All decisions of the Constitutional Court must be reported to the Cabinet for formal acknowledgment and further consideration, as appropriate.

Key Takeaways

The new guidelines reflect three principal policy directions:

1.   Centralization and Consistency in State Litigation

The resolution establishes a unified framework for litigation involving state agencies, ensuring consistency in legal strategy and greater certainty in the management of state disputes.

2.   Strengthening the Role of Public Prosecutors

Public prosecutors are reaffirmed as the State’s principal legal representatives in criminal, administrative, and constitutional proceedings, with broad authority to conduct and manage litigation on behalf of the State.

3.   Enhancing Readiness for Administrative and Constitutional Litigation

The resolution strengthens coordination in cases involving executive authorities by designating the Secretariat of the Cabinet (SOC) and the Office of the Permanent Secretary to the Prime Minister’s Office (OPM) as the principal coordinating agencies.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s Proposed Updates to the Non-Preferential Certificate of Origin Framework for Exports to the United States and the European Union

The Department of Foreign Trade (DFT) is conducting a public hearing from 1 April to 15 April 2026 on a draft notification concerning the verification of product origin for the issuance of Non-Preferential Certificates of Origin (“C/O“) for exports to the United States and the European Union (the “Draft Notification“).

The Draft Notification seeks to strengthen the criteria, procedures, and verification mechanisms governing origin certification for surveillance goods in relation to C/O issuance, in alignment with prevailing international trade measures. Key objectives include reinforcing monitoring systems, enhancing inter-agency coordination, and improving the verification of high-risk goods. These measures are intended to address risks of transshipment, origin misrepresentation, and evasion of anti-dumping duties and elevated tariffs, as well as to prevent circumvention of trade measures through the misuse of C/Os in customs declarations.

Key Principles and Implementation Framework

The Draft Notification introduces a mandatory origin verification mechanism for exporters seeking to obtain C/Os for surveillance goods destined for the United States and the European Union. Under this framework, exporters intending to declare Thai origin to foreign customs authorities via a C/O are required to undergo prior origin verification of the goods with the DFT. This requirement applies to goods listed in the annex as surveillance products, comprising 9 product groups for exports to the EU and 67 product groups for exports to the United States, all of which are subject to trade measures due to risks of origin misrepresentation.

1. Verification Procedure

Exporters must submit an application for origin verification through the DFT’s electronic system, together with relevant information and supporting evidence pertaining to the production process. The DFT will assess the origin qualifications of the goods and communicate the verification results through the same system. The results will serve as supporting evidence for subsequent C/O applications and will remain valid for a period of two years.

2. Enforcement

To monitor and enforce compliance with the mechanism, the DFT is empowered to conduct on-site inspections of business premises, production facilities, and storage locations where doubt arises regarding the production process — whether before or after the issuance of a verification result — in order to verify adherence to the applicable rules of origin.

3. Revocation

The DFT is further empowered to revoke a verification result where it is established that goods have been falsely declared as originating from Thailand through the use of a C/O, or where changes in production or export information result in non-compliance with the relevant rules of origin. In such cases, the revoked verification result may no longer be relied upon for future C/O applications.

Conclusion

The Draft Notification represents a significant tightening of Thailand’s non-preferential certificate of origin regime, particularly with respect to high-risk export categories. By introducing a mandatory pre-verification mechanism supported by electronic processing, enhanced inspection powers, and revocation authority, the DFT aims to strengthen the integrity of origin certification and ensure greater compliance with international trade rules. If implemented, the measure is expected to increase regulatory scrutiny for exporters while simultaneously enhancing the credibility and transparency of Thai export documentation in key markets, namely the United States and the European Union.

Key Takeaways

The primary objective is to prevent origin misrepresentation and circumvention of trade measures.

Mandatory origin verification is required prior to the issuance of non-preferential C/Os for exports to the United States and the European Union.

The requirement applies to surveillance goods across 9 EU product groups and 67 US product groups.

Applications are submitted and processed through an electronic system, with verification results valid for two years.

The DFT retains authority to conduct on-site inspections and revoke verification results where warranted.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s DBD Launches Public Hearing to Evaluate the Effectiveness of the Foreign Business Act B.E. 2542 (1999)

The Department of Business Development (“DBD”), under the Ministry of Commerce of Thailand, is currently conducting a nationwide public hearing from 30 March to 30 April 2026 (the “Public Hearing”) to evaluate the effectiveness and practical implications of the Foreign Business Act B.E. 2542 (1999) (the “FBA”) in the current economic context. The FBA, which serves as the cornerstone of Thailand’s legal framework governing foreign participation in business activities, seeks to balance the protection of Thai business operators with the promotion of foreign investment. It not only regulates market access but also ensures that foreign participation contributes to the Thai economy through job creation, technology and knowledge transfer, and an expanded range of goods and services.

The Public Hearing aims to assess whether key aspects of the current legal framework — including the definition of “foreigner,” business classifications, licensing requirements, and enforcement mechanisms — remain appropriate in today’s evolving economic environment. It also reflects the government’s commitment to keeping the law aligned with changing business practices and international obligations. Feedback gathered through this process will inform targeted amendments intended to improve legal clarity, close existing loopholes, strengthen enforcement, and streamline regulatory procedures, ultimately establishing a more balanced and effective framework that protects Thai interests while remaining conducive to foreign investment.

Scope of the Public Hearing to Assess and Revise the FBA

The Public Hearing conducted by the DBD is designed to gather stakeholder feedback on key provisions of the FBA in order to assess their effectiveness and practical suitability. The feedback collected will assist the DBD in determining whether the FBA and its subsidiary regulations function as intended, and in identifying areas where adjustments may be required to enhance clarity, compliance, and enforcement. The matters under consideration include the following:

1. Definition of “Foreigner” (Section 4): Whether the current definition provides sufficient clarity and consistency, particularly in the context of complex shareholding structures.

2. Business Classification (Section 8): The continued categorisation of business activities into three lists:

  • List 1: Business activities strictly prohibited to foreigners, covering sensitive sectors that affect Thai livelihoods.
  • List 2: Business activities affecting national security, cultural heritage, or natural resources, which require Cabinet approval.
  • List 3: Business activities in sectors where Thai operators are not yet sufficiently competitive, which require DBD approval.

3. Regulatory Framework for the Foreign Business Certificate (“FBC”) (Sections 10–12): Whether the procedures for obtaining an FBC are practical and consistent with Thai law, international treaties, and special circumstances such as those applicable to foreign-born individuals residing in Thailand.

4. Approval Criteria: Whether the requirements imposed on applicants — including legal status, absence of prohibitions, and financial standing — effectively serve the objectives of national security, economic development, and public order.

5. Compliance Requirements: Whether obligations relating to the display of licenses, reporting of material changes, and applications for replacement licenses are clear and operationally feasible for businesses.

6. Minimum Capital and Capital Injection: Whether current thresholds and timelines for capital investment remain appropriate for business operations across the different classification categories.

7. Enforcement and Penalties: The effectiveness of administrative fines and court-based penalties, including measures to address unauthorized operations and nominee arrangements.

Authorizations under the Current FBA

According to DBD data updated as of March 2026, the majority of approvals under the FBA are concentrated in Foreign Business Licenses (“FBL”) for service businesses classified under List 3. This category accounts for the highest number of approved FBLs, with figures approximately double those of the next most common category — representative offices, which was also used to classified under List 3 of the FBA (currently the representative offices category is exempted from obtaining the FBL).

By contrast, the highest number of Foreign Business Certificates (FBCs) are issued to legal and accounting service firms. These certificates are primarily obtained under the Treaty of Amity between Thailand and the United States, which grants American companies national treatment in Thailand and exempts them from many of the restrictions otherwise imposed by the FBA.

Summary and Outlook

The ongoing Public Hearing presents an important opportunity for Thailand to review and modernize the FBA. Through this process, the DBD has identified several key areas for reform, including clarifying the definition of “foreigner,” updating enforcement and penalty provisions, standardizing licensing, and registration procedures, and addressing mechanisms to prevent legal circumvention. These reforms are aimed at closing existing legal gaps and improving regulatory clarity, thereby creating a framework that effectively protects Thai business interests while remaining supportive of foreign investment.

Under the FBA, violations may result in imprisonment, fines, or both, depending on the severity of the offence and judicial discretion. To reduce the burden on the courts, Section 42 of the FBA empowers the DBD’s Director-General to impose settlement fines for certain categories of offences, enabling cases to be resolved administratively upon payment of the applicable penalties under the Criminal Code. This approach underscores the need to strengthen enforcement mechanisms while maintaining the efficiency of administrative processes.

Author: Panisa Suwanmatajarn, Managing Partner.

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Trade Competition: Multi-Sided Platforms

Overview

The rapid expansion of the digital economy—particularly in e-commerce and multi-sided platform businesses—has significantly reshaped market structures and competitive dynamics. Multi-sided platforms operate as intermediaries connecting multiple groups of users, including sellers, consumers, logistics providers, payment channels, and advertisers. While such platforms generate economic efficiencies and drive innovation, they also introduce heightened risks under competition law.

To ensure the effective enforcement of the Trade Competition Act B.E. 2560 (2017) in the digital context, the Trade Competition Commission of Thailand (“TCCT”) has issued the Guidelines on the Assessment of Monopolistic Conduct, Reduction or Restriction of Competition, and Unfair Trade Practices in Multi-Sided Platform Businesses, Digital Services, and E-Commerce Businesses (published in the Royal Gazette on 24 March 2026). These Guidelines establish a regulatory framework for evaluating platform conduct in light of evolving digital market realities.

1. Monopoly and Reduction of Competition

The Guidelines recognize the structural characteristics inherent to multi-sided platforms, particularly the presence of network effects, whereby growth on one side of the platform increases value on the other sides. This dynamic can lead to market concentration, create significant barriers to entry, and foster dependency on a limited number of dominant platforms.

In assessing whether a platform holds dominant market power, the TCCT does not rely solely on price-based indicators. Additional factors considered include:

  • Control over data and algorithms;
  • The ability to determine or influence commercial terms;
  • The degree of user dependency on the platform.

Conduct that may constitute monopolization or a reduction or restriction of competition includes predatory pricing, excessive pricing, exclusionary contractual conditions, refusal to deal, and exclusive arrangements that prevent users or business partners from engaging with competing platforms.

2. Unfair Trade Practices

Even where a platform does not qualify as a dominant operator, certain conduct may still constitute an unfair trade practice—particularly where a significant imbalance of bargaining power exists between the platform and its business users, such as small- and medium-sized sellers.

The Guidelines identify the following conduct as potentially unfair:

  • The imposition of rate parity clauses restricting sellers from offering lower prices on other platforms;
  • Charging excessive or discriminatory commission fees, advertising fees, logistics fees, or other service charges;
  • Unilateral modification of contractual terms;
  • Discriminatory product ranking, visibility reduction, or self-preferencing of the platform’s own products or affiliated businesses;
  • Arbitrary suspension or removal of seller accounts without fair and transparent procedures.

Such conduct may distort competitive conditions and undermine fairness in digital markets, even where it does not rise to the level of monopolistic abuse.

3. Multi-Sided Platform Considerations

The Guidelines underscore that multi-sided platforms differ fundamentally from traditional businesses, as they operate across multiple interdependent markets—including those for sellers, consumers, advertisers, logistics providers, and payment services.

Accordingly, the assessment of platform conduct requires an analysis of overall competitive effects across all sides of the platform, rather than a single-market approach. Particular attention is given to data-driven practices, including the use of third-party data (data leveraging), algorithm-based decision-making, ranking systems, and platform design features that may materially affect competition.

Key Takeaways

Regulators assess competitive effects across all sides of the platform, with particular focus on the use of data, algorithms, and self-preferencing practices.

Multi-sided platforms are subject to heightened competition law scrutiny due to network effects, data control, and user dependency.

Market power may exist even in the absence of direct fees, requiring assessment beyond traditional price-based indicators.

Monopolistic and exclusionary conduct—such as predatory pricing, exclusivity arrangements, or refusal to deal—may constitute a reduction or restriction of competition.

Unfair trade practices can arise independently of dominance, particularly where there is a significant imbalance of bargaining power between platforms and business users.

Author: Panisa Suwanmatajarn, Managing Partner.

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Fast-Tracking Investment in Thailand: How BOI’s “Fast Pass” Is Unlocking Growth

Introduction

Thailand’s Board of Investment (BOI) is recalibrating its investment promotion strategy in response to mounting global uncertainty. Heightened geopolitical tensions — particularly in the Middle East — are accelerating supply chain diversification and prompting multinational corporations to reassess their production footprints. Against this backdrop, Thailand is positioning itself as a “Safe and Secure Production Base” and a preferred investment destination within the region.

To address key structural bottlenecks, the BOI has introduced the “Fast Pass” system — an integrated framework designed to expedite approval processes and remove constraints that have historically impeded foreign investment. The initiative strengthens coordination with key regulatory authorities, including the Energy Regulatory Commission (ERC) and the Electricity Generating Authority of Thailand (EGAT), and focuses on three priority areas: access to reliable and clean energy, industrial land availability, and workforce readiness.

Concerted action across these pillars is intended to attract high-value industries, including electric vehicles (EVs), semiconductors, digital infrastructure, and renewable energy, while reinforcing Thailand’s standing as a resilient and competitive global manufacturing hub.

Addressing Investment Constraints Through BOI’s Fast Pass

The Fast Pass program is designed to streamline approvals and permitting processes for large-scale investment projects, reflecting Thailand’s ambition to become a “Preferred Regional Investment Destination.” The BOI has identified three strategic priorities: maintaining leadership in the EV sector through comprehensive ecosystem support and localization; accelerating semiconductor industry development to establish a high-technology manufacturing base; and advancing clean energy initiatives alongside the expansion of data center capacity to 2,000 megawatts.

In parallel, the BOI is implementing targeted reforms under the Fast Pass framework to address the three principal constraints facing foreign investors.

1. Electricity and Clean Energy

Rapid industrial expansion in the Eastern Economic Corridor (EEC) has strained power supply, particularly for high-technology and data center projects. In response, the BOI is working in close coordination with the ERC to accelerate the implementation of both near-term and long-term energy strategies.

Key measures include the pre-confirmation of electricity availability through an optimized “power map” prior to BOI application submission, the facilitation of Direct Power Purchase Agreements (PPAs) for renewable energy, and the integration of energy management frameworks developed in collaboration with the ERC and EGAT.

2. Land Zoning and Site Development

The availability of industrial land remains a critical enabler of investment; however, regulatory processes related to zoning and the conversion of public land have historically caused significant delays. Under the Fast Pass framework, the BOI is expediting reviews of industrial zones, urban plans, and relevant regulatory guidelines, while promoting the conversion of public land for industrial use within a condensed timeline of approximately one year.

In addition, new regulatory guidelines governing excavation, land reclamation, and Environmental Impact Assessments (EIAs) — effective April 2026 — are expected to streamline site preparation. Broader urban planning reforms are also underway to expand the supply of industrial land and accommodate future large-scale investments.

3. Workforce Development

The BOI has set a target of developing 20,000 skilled personnel in the semiconductor sector within five years. For BOI-promoted projects in advanced industries such as semiconductors and electronics, the Fast Pass framework mandates structured training programs for Thai workers, alongside measures to facilitate the conversion of select work permits into visa arrangements for highly skilled foreign professionals.

These initiatives support Thailand’s broader policy objectives across emerging sectors — including medical and wellness industries — while enhancing national resilience in the areas of food security, energy security, supply chain continuity, and human capital development.

To date, Fast Pass projects with a combined investment value exceeding USD 5 billion have received BOI promotion approvals, with several projects already completed and others under active monitoring. By addressing these structural constraints, the BOI is reinforcing four key pillars of national stability — food security, clean energy and electricity, supply chain resilience (spanning industries such as hard disk drives and circuit boards), and human capital — to attract risk-averse multinational investors seeking long-term certainty.

Key Takeaways for Investors

Thailand’s BOI is moving beyond conventional tax incentives to focus on resolving the real operational challenges investors encounter — a shift that makes projects easier to implement and more predictable over the long term.

1. More Coordinated and Practical Problem-Solving

The BOI is adopting a more integrated approach by simultaneously addressing critical issues such as energy supply, land availability, and workforce readiness. This coordinated strategy reduces uncertainty and enables investors to plan and execute projects with greater confidence from inception through to completion.

2. A Faster and Smoother Investment Process Through “Fast Pass”

The Fast Pass system accelerates approvals and removes major bottlenecks — particularly for large-scale projects in priority sectors such as electric vehicles, semiconductors, clean energy, and data centers.

3. A Stronger and More Resilient Manufacturing Base

Ongoing reforms in energy security, supply chain management, and workforce development are consolidating Thailand’s position as a stable, sustainable, and future-ready manufacturing hub.

Conclusion

Thailand’s BOI “Fast Pass” framework represents a meaningful strategic shift — from a purely incentive-driven model to an execution-focused approach that directly tackles key structural constraints. By streamlining regulatory processes and enhancing coordination among relevant authorities, Thailand is materially improving the ease of doing business for large-scale, high-value investments.

Through targeted reforms in energy access, land development, and workforce readiness, the Fast Pass system not only accelerates project delivery but also strengthens long-term operational certainty. These developments carry particular significance amid ongoing global supply chain realignment and elevated geopolitical risk.

In this environment, Thailand is emerging as a strategically positioned and increasingly compelling investment destination. Early engagement with the BOI — particularly regarding its Fast Pass pipeline and priority sectors — may offer investors a meaningful first-mover advantage as the country cements its role as a resilient, future-ready manufacturing hub in Southeast Asia.

Author: Panisa Suwanmatajarn, Managing Partner.

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MOFA Eyes Shorter Visa-Free Stays of 30 Days to Close Loopholes

Thailand’s Current Visa Exemption Policy

On 20 March 2026, Thailand’s Minister of Foreign Affairs, Sihasak Phuangketkeow, announced at a press briefing in Bangkok that the Ministry is preparing to submit a proposal to the government to reduce the visa-free stay period from 60 days to 30 days.

The current policy, which took effect on 15 July 2024, allows citizens of 93 countries and territories to enter Thailand without a prior visa for stays of up to 60 days, covering tourism, short-term business travel, and certain related activities. This was introduced under then-Prime Minister Srettha Thavisin, the 60-day visa exemption doubled the previous 30-day limit with the aim of boosting post-pandemic tourism, short-term business visits, and meetings. However, concerns have since emerged that the extended stay period has created loopholes susceptible to misuse, prompting the government to review whether the permitted duration should be reduced to 30 days.

The key considerations underpinning this proposed revision are as follows:

Misuse of Visa Privileges

Authorities have raised concerns over foreign nationals entering under the visa-exemption scheme but engaging in illegal work, unauthorized businesses, or using Thailand as a transit hub for crimes in neighboring countries, with reported adverse effects on local economies, national security, and Thailand’s international image. In tourist-heavy areas such as Phuket, concerns have been reported regarding inappropriate tourist behavior, illegal employment, business competition affecting local operators, and issues related to community safety. Reducing the permitted stay to 30 days is viewed as a targeted measure to curb such conduct and to strengthen oversight and enforcement by the relevant authorities.

Alignment with Actual Travel Patterns

Authorities note that tourists entering Thailand generally stay around 30 days, and the current 60-day period does not reflect the actual behavior of most travelers, whose stays are typically shorter. A reduction to 30 days would better align the permitted stay with observed travel patterns and help prevent individuals from extending their presence in Thailand beyond genuine tourism purposes.

Impact of the Policy Change

  1. Impact on Tourists: For the majority of visitors, the proposed change is unlikely to be significant, as typical stays fall well within a 30-day window. Tourists would remain eligible for a 30-day extension, which may be obtained at a local immigration office for a fee of THB 1,900, bringing the total possible stay to 60 days.  However, travelers should note that Thai immigration authorities have tightened enforcement of repeated visa-exempt entries; those seeking to extend their stay beyond a single visit are encouraged to apply for an appropriate visa category.
  2. Economic Impact: The measure is expected to have a limited effect on overall tourism revenue, given that most visitors stay for shorter durations. At the same time, it may help reduce informal economic activity and unfair competition in sectors such as short-term accommodation. Some reduction in revenue from long-stay visitors is nonetheless anticipated.
  3. Impact on the Public Sector: Implementation of the measure will increase the workload of relevant government agencies, particularly in relation to visa screening, monitoring, and the processing of extension applications. While this will require enhanced enforcement capacity in the short term, it is expected to improve the systematic management of foreign nationals over time.

Conclusion

The proposed reduction seeks to strike a balance between Thailand’s commitment to promoting tourism and the need to strengthen regulatory oversight of its visa exemption framework. The proposal does not target any specific nationality and is described by authorities as a structural policy adjustment aimed at immigration control and security oversight, with Thailand’s overall tourism policy remaining unchanged in principle.  As of the time of writing, the change has been agreed upon in principle by the relevant committee but has not yet received formal Cabinet approval, and no implementation date has been announced.  Its long-term effectiveness will depend on the quality of implementation — particularly efficient visa administration and consistent law enforcement — in support of a more sustainable and well-regulated tourism framework.

Author: Panisa Suwanmatajarn, Managing Partner.

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Super License: The Draft Act on Facilitation in the Consideration of Licenses and Provision of Services to the Public

The Draft Act on Facilitation in the Consideration of Licenses and Provision of Services to the Public, widely known as the “Super License” law, constitutes a major reform to Thailand’s administrative licensing and public service framework. It revises and expands upon the Facilitation of Licensing by Government Agencies Act B.E. 2558 (2015), aiming to reduce bureaucratic obstacles, enhance transparency, integrate digital processes,  foster a more efficient and applicant-centered administration.

1. Background:

The initiative traces its origins to evaluations of the 2015 Act, which demonstrated effectiveness in facilitating public interactions with government agencies but revealed opportunities for improvement amid evolving economic, social, and technological conditions. The Office of the Public Sector Development Commission (OPDC) proposed revisions to minimize unnecessary procedures, discretionary decisions, and compliance burdens while aligning with digital government objectives under the Electronic Government Operations Act B.E. 2565 (2022).

The draft was approved in principle by the Cabinet on April 2, 2024, and underwent public hearings (including a third round from September 20 to October 11, 2024) before review by the Office of the Council of State. It advanced through parliamentary consideration in 2025, passing reviews in both the House of Representatives and the Senate. Progress paused due to parliamentary dissolution prior to final enactment.

2. Key Provisions:

The draft organizes reforms across general principles, procedural enhancements, licensing mechanisms, service delivery improvements, periodic evaluations, centralized systems, and accountability measures. Core provisions include:

•  Expanded Scope: Application extends beyond licenses to registrations, notifications, approvals, and broader public services provided by state agencies, ensuring uniform standards.

•  Mandatory Public Handbooks: Authorities must publish detailed, standardized handbooks specifying criteria, procedures, documents, fees, timelines, conditions, and electronic options, with prohibitions on redundant requests and immediate deficiency notifications.

•  Streamlined Processing: Immediate verification of completeness upon receipt; strict timeline adherence with delay notifications (every 15 days) and explanations for extensions beyond 30 days; oversight by the Commission on Public Sector Development for persistent issues.

•  Automatic Renewal via Fee Payment: Renewal deemed effective upon fee payment for designated licenses (per ministerial regulations), reducing formal re-applications while maintaining compliance monitoring.

•  Super License (Principal License) Mechanism: The Cabinet may designate a principal license for activities requiring multiple approvals; issuance automatically grants subsidiary permissions, enabling single-point completion for sectors like factory construction, hotels, spas, and energy projects.

•  Extended or Permanent Validity: Licenses to have indefinite duration or a minimum five-year term where appropriate, replacing frequent short-term renewals.

•  Provisional/Trial Operations: Low-risk activities permitted temporarily via notification or registration pending full approval, with refinements toward notification systems recommended.

•  Centralized One-Stop and Electronic Centers: Joint physical/digital centers for submissions, inquiries, payments, and tracking; a national electronic central reception center (potentially with private involvement under data protection) forwards applications within one working day and monitors progress.

•  Fast-Track and Multilingual Support: Accelerated channels for urgent cases; forms and information available in English and other languages upon request.

•  Accountability Measures: Procedural violations (e.g., untimely processing, redundant demands) constitute disciplinary offenses for officials.

These elements collectively promote efficiency, digital integration, and reduced discretion while safeguarding public interests.

3. Impact to the Public:

The reforms promise tangible benefits for citizens, entrepreneurs, and investors:

•  Simplified access to services through consolidated processes and single-point submissions, reducing time, costs, and repeated interactions.

•  Greater transparency via mandatory handbooks, clear timelines, and limited discretion, minimizing opportunities for arbitrary decisions or corruption.

•  Faster business commencement, particularly for low-risk activities via provisional operations and automatic mechanisms, supporting economic activities in manufacturing, tourism, hospitality, and emerging sectors.

•  Enhanced competitiveness by improving Thailand’s ease of doing business rankings, attracting domestic and foreign investment, especially in high-value industries such as data centers, semiconductors, and modern agriculture.

•  Improved accessibility for non-Thai speakers and international applicants through multilingual support and digital channels.

Overall, the legislation prioritizes user convenience and national economic growth without compromising regulatory integrity.

4. Current Status:

As of mid-March 2026, the draft has secured prior approval from both the House and Senate but requires reaffirmation following parliamentary dissolution. Public discussions and media coverage in early March 2026 highlight cross-party recognition of its value, positioning it as a continuation of established reform efforts. No enactment has occurred, but momentum suggests active preparation for legislative progression.

5. Key Takeaways:

•  The Super License initiative modernizes governance by emphasizing efficiency, digital tools, and centralized services over fragmented approvals.

•  It exhibits policy continuity across administrations, demonstrating that beneficial reforms transcend political boundaries for national advantage.

•  Successful enactment could substantially alleviate bureaucratic burdens, boost investment attractiveness, and elevate public service quality.

•  Effective rollout will hinge on robust inter-agency coordination, digital infrastructure development, and periodic reviews (every five years) to adapt to future needs.

This proposed legislation underscores Thailand’s commitment to administrative modernization and enhanced competitiveness.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand Plans to Reform Excise Tax System to Increase Revenue

Excise tax is one of the principal sources of revenue for the Thai Government (“Government”). For fiscal year 2026 (B.E. 2569), the Government has set a target to collect approximately THB 578.2 billion in excise tax revenue.

In the first quarter of fiscal year 2026 (October 2025 – January 2026), excise tax collection was in total amount of THB 191.3 billion, exceeding the Government’s projection by THB 8.3 billion. The higher-than-expected revenue was largely driven by strong domestic consumption and increased spending during the year-end tourism season and the New Year holidays.

To further strengthen fiscal revenue for fiscal year 2026, the Government is considering several reforms to Thailand’s excise tax system.

Plan to Increase Excise Tax Revenue

The Ministry of Finance aims to increase excise tax revenue by approximately 7.6% through several policy measures, including:

  • restructuring the excise tax framework;
  • adjusting tax rates for certain goods and services; and
  • improving tax administration and enforcement.

The Excise Department has conducted policy studies and is expected to submit the proposed reform plan to the Cabinet for consideration soon.

Proposed Reform of Cigarette Excise Tax

Thailand currently applies a two-tier excise tax system for cigarettes, consisting of the following components:

1. Ad Valorem Tax (Based on Retail Price)

  • 25% for cigarettes priced at not more than THB 72 per pack
  • 42% for cigarettes priced above THB 72 per pack

2. Specific Tax (Based on Quantity)

  • THB 1.25 per cigarette (approximately THB 25 per pack)

According to studies conducted by the Fiscal Policy Office, the current two-tier system has reduced government revenue because cigarette manufacturers often maintain retail prices below the THB 72 threshold in order to benefit from the lower tax rate.

To address this issue, the Excise Department is considering the introduction of a single-tier tax rate, under which cigarettes would be taxed at the same rate regardless of retail price. This approach is expected to reduce price distortions and improve tax collection efficiency.

The Excise Department has requested legal clarification from the Council of State regarding whether the proposed tax structure can be implemented. Further progress will likely depend on the policy direction of the new government.

Automobile Excise Tax Changes

The Government has revised the automobile excise tax framework, with tax rates varying depending on the type of vehicle and its environmental performance. The new tax structure came into effect on 1 January 2026.

Under the revised framework, the excise tax rate is determined primarily based on carbon dioxide (“CO₂”) emission levels, replacing the previous approach that focused mainly on engine displacement (cc). As a result, certain vehicle categories are now subject to higher tax rates compared with those applied in 2025.

Key changes include:

  • Internal combustion engine vehicles (“ICE”) with CO₂ emissions of 100 g/km: the tax rate increased from 12% to 13%.
  • ICE vehicles with engines exceeding 3.0 liters, such as luxury cars and supercars: the tax rate increased from 40% to 50%.
  • Hybrid electric vehicles (“HEV”) with CO₂ emissions not exceeding 100 g/km: the tax rate increased from 4% to 6%.
  • HEV with CO₂ emissions between 101–120 g/km: the tax rate increased from 8% to 9%.
  • HEV with CO₂ emissions between 121–150 g/km: the tax rate increased from 8% to 14%.
  • Electric pickup trucks, which were previously exempt from excise tax, are now subject to 2% tax rate.

As a result of this policy shift, the excise tax rate for vehicles in the eco-car segment has increased from 12% to approximately 13–34%, depending on emission levels.

The Government also plans to gradually increase automobile excise tax rates in two additional phases, during 2028–2029 and again in 2030, as part of its long-term environmental and fiscal policy.

Automobile excise tax collection in the first quarter of fiscal year 2026 increased partly because manufacturers and consumers accelerated vehicle purchases ahead of the tax increase. Following the implementation of the new tax structure on 1 January 2026, tax revenue from automobiles is expected to increase further in the remaining quarters of fiscal year 2026 due to the higher tax rates introduced under the revised framework.

Other Potential Excise Tax Measures

In addition to the proposed reforms to cigarette excise tax and automobile taxation, the Excise Department is also considering further adjustments to excise taxes on several categories of goods and services. However, the specific criteria and potential tax rate changes have not yet been clearly determined.

These potential measures may include:

  • restructuring excise taxes on petroleum and petroleum products;
  • increasing excise tax rates on sin goods, such as alcohol and beer;
  • introducing taxes on products harmful to health, such as a potential salt tax;
  • imposing taxes on environmentally harmful goods, including possible battery or carbon taxes; and
  • reviewing the taxation of luxury goods and services.

Conclusion

Thailand is considering several reforms to its excise tax system in order to strengthen government revenue and improve tax collection efficiency. Key measures include the potential introduction of a single-tier cigarette tax, revisions to the automobile excise tax framework based on vehicle type and CO₂ emissions, and possible adjustments to taxes on petroleum products, alcohol, health-related products, environmentally harmful goods, and luxury goods and services.

These reforms aim not only to increase government revenue but also to support broader policy objectives, such as promoting environmentally friendly vehicles and reducing harmful consumption. However, higher excise tax rates may also increase costs for businesses and retail prices for consumers.

With the revised automobile tax framework already taking effect on 1 January 2026, together with other proposed measures currently under consideration, excise tax revenue is expected to continue increasing throughout fiscal year 2026. Businesses operating in industries subject to excise tax should closely monitor future policy developments, as upcoming regulatory changes may significantly affect tax costs and compliance obligations in Thailand.

Author: Panisa Suwanmatajarn, Managing Partner.

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BOT: Policy Rate Reduced to 1.00% to Support Economic Recovery Amid Heightened Downside Risks

On 25 February 2026, the Monetary Policy Committee (MPC) of the Bank of Thailand resolved, by a vote of 4 to 2, to reduce the policy interest rate by 0.25 percentage point, from 1.25% to 1.00%, effective immediately. This adjustment shifts the monetary policy stance from neutral to accommodative.

Economic Context and Rationale:

Although, Thai economic growth in the fourth quarter of 2025 surpassed earlier projections—driven by temporary end-of-year factors and firmer underlying momentum in private investment and merchandise exports—overall expansion is forecast to remain below potential in 2026 and 2027. Growth continues to exhibit uneven sectoral performance, constrained by structural impediments, intensified global competition, and concentration in lower value-added segments. Private consumption is expected to moderate, while small and medium-sized enterprises (SMEs) face persistent challenges, including restricted credit access, tight liquidity conditions, and pressure from the appreciated Thai baht.

Headline inflation is subject to heightened downside risks relative to prior assessments, stemming from declining energy prices, potential additional government measures, increased competition, and subdued demand amid below-potential growth. Headline inflation is now projected to return to the target range in the second half of 2027, later than previously anticipated. Core inflation is also expected to remain low. Although deflationary risks are assessed as limited—owing to the absence of widespread price declines—medium-term inflation expectations have moderated slightly yet remain anchored within the target range.

The rate cut is intended to sustain supportive financial conditions, alleviate debt burdens on households and SMEs, and reinforce medium-term inflation expectations in an environment of rising downside risks.

Transmission to the Banking System:

Previous policy rate reductions have already translated into lower interest rates across the banking system and financial markets, thereby reducing financing costs for many borrowers. Nevertheless, overall credit extension continues to contract, and borrowing costs remain elevated for higher-risk SMEs due to prudent lending practices by financial institutions. The Committee underscores the importance of monitoring policy transmission and advocates for additional targeted financial measures to support vulnerable segments.

Commercial banks have responded promptly to the latest policy adjustment by lowering their lending rates, thereby ensuring effective transmission of the easing measure to households and businesses.

Effect and Impact to Investors:

The reduction in the policy rate and the accompanying adjustments by commercial banks hold several implications across asset classes:

•  Equities
Interest-rate-sensitive sectors—such as property development, consumer finance, and retail—are likely to benefit from lower financing costs and potential increases in consumer spending. These dynamics may support improved corporate earnings and valuations, particularly for domestically oriented firms.

•  Fixed Income
Bond yields are anticipated to decline in response to the more accommodative policy stance, generating capital appreciation for holders of existing bonds. However, the widening yield spread between Thai and U.S. government securities may influence foreign capital flows and affect demand for Thai debt instruments.

•  Currency
The Thai baht may face short-term depreciation pressure against major currencies due to the narrowed interest rate differential with key trading partners. While this could enhance the competitiveness of export-oriented companies, it may simultaneously raise input costs for firms reliant on imported materials.

Policy Considerations and Outlook:

The prevailing policy rate is regarded as sufficiently accommodative, consistent with the economic and inflation outlook, and supportive of the gradual return of inflation to the target range over the medium term. At the same time, the Committee remains attentive to preserving limited monetary policy space amid global uncertainties, safeguarding medium-term financial stability, and preventing the accumulation of imbalances associated with prolonged low interest rates.

Structural economic challenges cannot be addressed through monetary policy alone. Complementary measures across fiscal, structural, and targeted support policies are essential to enhance productivity, strengthen competitiveness, and foster sustainable growth.

Key Takeaways:

•  The policy rate has been lowered to 1.00% to adopt a more accommodative stance and bolster economic recovery.

•  The measure addresses below-potential growth, sectoral imbalances, and increasing downside risks to inflation.

•  Debt relief for households and SMEs remains a central objective, supported by effective transmission through commercial bank lending rates.

•  Investors in interest-sensitive equities, fixed income, and export-oriented sectors may experience differentiated impacts.

•  Continued vigilance is required regarding financial stability, exchange rate developments, and the necessity of coordinated multi-policy responses.

Author: Panisa Suwanmatajarn, Managing Partner.

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