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Thailand PDPA – DPO Qualifications

The Personal Data Protection Act B.E. 2562 (2019) (“PDPA“), which became effective on 1 June 2022, specifies the rules and restrictions that Data Controller and Data Processor must adhere to. One important rule and regulation regarding the Data Protection Officer (“DPO“) is specified in Section 41 of PDPA that “The Data Controller and the Data Processor shall designate a data protection officer…” Therefore, many organizations might wonder, what is a DPO? What is its responsibility? And what qualifications are required to become one?

A DPO is a person who is responsible for the data protection of all personal data collected, used and disclosed by a legal entity, whether it is internal personal data or third-party personal data collected by the legal entity. Section 42 of the PDPA specifies the duties of the DPO as follows:

  1. Providing advice to the Data Controller and Data Processor, as well as all employees and service providers of those parties involved in the data processing, in order to ensure PDPA compliance, such as providing them with PDPA information and training sessions, particularly to those who directly operate with data processing, in order to ensure adherence to the legal entity’s privacy policy and follow the rules and regulations pertaining to the personal data protection.
  2. Monitoring the operation and the performance of the parties mentioned in item 1 regarding personal data collection, use and disclosure to be in accordance with the PDPA.
  3. Coordinating with the regulator, the Personal Data Protection Committee (“PDPC”) on any issues that arise in relation to item 2 such as a data breach.
  4. Maintaining the confidentiality of personal data known and acquired while performing the duties.

There are no officially announced sub-regulations governing DPO qualification; the PDPA only specifies the duties of the DPO as mentioned above. As a result, the following is only a guideline by Thailand Data Protection Guidelines regarding this such matter, which Data Controller and Data Processor should consider.

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  1. Having background knowledge of the PDPA and other applicable laws
  2. Understanding of technologies, IT, and data security measures. The DPO may need to fully understand this matter because the IT system and technological capabilities may be involved in personal data collection, use, disclosure and processing in order to perform its obligations in terms of technology under the PDPA.
  3. DPO should not be a person who directly benefits from collecting personal data, and DPO shall not be able to audit its own actions involving the collection, use or disclosure of personal data. As a result, the duties of the DPO and those who process personal data should not overlap.
  4. Good communication and collaboration skills with internals, externals and regulators because the DPO must collaborate with all departments within the organization and the PDPC pertaining to PDPA matters. Furthermore, the DPO should be the person who has direct access to the executives because many aspects of PDPA compliance may need to be taken urgently.
  5. DPO is not required to be an employee of the legal entity for which he or she works.

After the designation of a DPO by legal entities, the Data Controller and the Data Processor are also required by Section 41 paragraph 5 of the PDPA to inform the PDPC and Data Subject of the information, i.e. DPO’s information, contact address and contact channels. Plus, Any Data Controllers and Data Processors who are in the same affiliated business or group of undertakings and designate the same jointly DPO must also provide a list of all Data Controllers and/or Data Processors with whom such DPO works for. For the contact channel for informing the said information, it can be sent to PDPC via an email and telephone number as specified in the Announcement of the Office of the Personal Data Protection Committee Concerning Electronic Channels for Contacting the Office of Personal Data Protection Committee B.E. 2562 (2019) For an obligation to inform the Data Subject of the DPO’s information as mentioned above, this can be included in the privacy notice or privacy policy published by the Data Controller and Data Processor, as the same matter is also required by Section 23 (5) of the PDPA. Despite the fact that no sub-regulation regarding DPO qualifications has been announced, all Data Controllers, Data Processors, DPOs and other relevant parties should keep an eye on these upcoming regulations in order to comply with the PDPA and designate an appropriate DPO for your legal entity because DPO shall play an important role and directly affect your legal entity’s compliance with PDPA.

Author: Panisa Suwanmatajarn, Managing Partner.

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Royal Decree To Prevent Call Center Scams

A call center scam is a type of fraud that occurs when a caller, posing as a representative from a legitimate business or government agency, attempts to trick the person on the receiving end into giving away personal information and/or money. The scammer may claim to be providing a service such as a customer service, technical support, or debt collection. They may also offer products or services at a discounted rate in order to convince the person to provide payment information. The scammer may also request additional personal details such as social security numbers or bank account information by claiming that this is necessary for the transaction to be completed. In some cases, the scammer may even ask for money to be wired directly to a “Horse Account”. Once the person has provided the requested data or money, the scammer typically disappears without providing any of the promised services or products. The Horse Account is usually opened for the purpose of receiving money from the victim. The money will stay in the Horse Account only for a few seconds or so, then it will be transferred to another account of scammer.

Online threats that come in the form of call centers, deceiving them to click on various links to steal money from bank accounts are considered a cybercrime. Seriously, many people were affected and caused damage to the country’s economy. According to the statistics of scams online in the period of March 2022 – October 2020, deceiving the public online by transferring money costs around 22,000 billion baht which averages 800 cases a day. 

Recently, the cabinet has approved in principle of draft Royal Decree on Measures for Prevention and Suppression of Technology Crime (“Draft Royal Decree”) which was proposed by the Ministry of Digital Economy and Society.

This draft Royal Decree serves the purpose to prevent and suppress the public from defrauding by transferring funds and also to penalize the offenders by having a “Crime Prevention and Suppression Technology Committee” mechanism in order to determine the prevention guideline, stipulating the authorized institution to access the exchange information, authorize the power to the financial institutions and entrepreneurs to exchange the information on  accounts and transactions of clients including authorizing the power to telecommunication services to exchange the services information among  the Royal Thai Police, Anti-Money Laundering Office and the authorized institutions. Moreover, this draft Royal Decree stipulates an exemption from Personal Data Protection Act B.E. 2562 (2019) regarding transferring data and accessing data in order that government institutions, financial institutions or entrepreneurs can order the National Broadcasting and Telecommunications Commission to establish a database system regarding registration information, messages and logfile from Mobile Network Operator for investigation. It is worthwhile to note that not only Thailand suffers from telephone scams but also other countries like the US. In 2019, President Trump signed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act to become enforced. Telephone companies will now be required to use a system called SHAKEN/STIR, which helps protect people from scam calls. If a call is potentially suspicious, it will be marked as “scam likely” or “spam likely”, enabling consumers to quickly recognize and ignore robocalls.

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Benefits of Using E-Tax System

Since 2019, the e-tax system has helped a lot of entrepreneurs. Since they do not have to carry a huge amount of documents and it is easy to use. They still can send an e-tax invoice, e-tax receipt and e-withholding tax to the Revenue Department through email rapidly. This implementation system has increased the number of e-tax invoices, e-receipt, and e-withholding tax users steadily compared to 2021 as follows:

  1. The number of entrepreneurs who used the e-tax invoice and e-receipt increased to 1,657 cases from 1,252 cases.
  2. Payers of withholding tax who paid through the e-withholding system increased to 2,304 cases from 1,513 cases.
  3. Payees of withholding tax who paid through the e-withholding system increased to 714,683 cases from 915,997 cases.

Thus, the cabinet has recently approved the principle of draft royal decree by virtue of the Revenue Code regarding the tax exemption and the draft ministerial regulation by virtue of the Revenue Code regarding income tax, total of 2 legislations, as being proposed by the Ministry of Finance for the reason to promote the digital transformation and the incessant use of e-tax invoice, e- tax receipt and e-withholding tax system. Moreover, the Ministry of Finance decided to extend the period of tax measures to promote the e-tax system by virtue of the tax exemption from the Revenue Code (No. 718) B.E. 2564 (2021) and the usage of e-withholding tax system by virtue of the income tax from the Revenue Code until December 31st, 2025. They reduce the withholding tax rate for paying assessable income through e-withholding tax to 1 percent from 2 percent, they believed that this would trigger the entrepreneur to remit taxes through e-withholding tax system more.

Besides, the Ministry of Finance also considered the loss of income and the expected benefits by virtue of section 27 and section 32 of the State Fiscal and Financial Disciplines Act B.E. 2561 (2018) as follows.

1. Estimate of the loss of income

The extension of tax measures to promote investment in an electronic tax system would cost the loss of corporate income tax around 20 million baht. However, the extension period of tax measures to promote investment in e-withholding tax would not cost any taxes since the entrepreneurs have to calculate the assessable income with income tax.

2. Estimate of the benefit

It would widely spread how to use e-tax invoice, e-receipt, and e e-withholding tax system between the private sector and the public sector which could trigger digital economic and digital transformation from either the private sector or the public sector. Moreover, this extension period could help reduce the cost of document storage.

To conclude, the principle of this draft royal decree is about to extend the period of tax measures for promoting investment in the e-tax system by deducting expenses 2 times whilst this draft ministerial regulation is about to extend the period of tax measures for promoting the usage of e-withholding tax system by reducing the withholding tax rate from 5%, 3% and 2% to 1% for paying assessable income through e-withholding system.

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Embracing the Use of Digital ID Card

Thai people can now access government services with their digital ID. Thanks to Section 14 of the Digital Public Service Act B.E. 2565 (2022). To use this service, you are required to present a physical ID card to the registrar at any registration division of district office for verifying the information and then you need to download the application namely “D. DOPA”. The following is required to do:

  1. Select “self-registration” and accept the terms and conditions of the service;
  2. Submit a front and back of a physical ID card, verify the information and confirm;
  3. Take a selfie of your full face and confirm;
  4. Set the password; and
  5. Consent to upload the information and fill out a consent form under Personal Data Protection Act B.E. 2562(2019.).
code projected over woman

The digital ID card is a useful and innovative way to verify a person’s identity quickly and securely. It eliminates the need for physical identification cards, which can easily be lost or stolen and keeps personal information safe from unauthorized access. With the digital ID card, users can authenticate their identity with a simple scan of their phones or other devices using biometric authentication such as facial recognition or fingerprint scanning. The system is also secure and reliable with data stored in an encrypted format that prevents tampering or manipulation. With this technology, businesses can quickly and efficiently verify one’s identity and streamline their operations. Additionally, the digital ID card can be used to improve customer services by providing quick and seamless access to information.

Author: Panisa Suwanmatajarn, Managing Partner.

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Digital Devices to Be Used to Locate and Track the Whereabouts of Goods under the Authorities of the Customs Department

Digital devices can be used to transmit information on the whereabouts of shipments of goods under the control of the Customs Department. GPS technology, for example, can be used to accurately track the shipment’s position in real-time, allowing for precise updates that can be monitored from a remote location. This technology provides customs officials with more efficient tracking capabilities and can reduce the physical time and labor associated with tracking shipments. Furthermore, digital devices can be used to manage customs paperwork and store valuable data that can be accessed for future reference. This enables customs officials to quickly process documents and identify discrepancies that could delay shipment clearance. Several countries are using blockchain technology. For example, the United Arab Emirates is using blockchain to track international shipments and China has started using blockchain-powered technology.

As for Thailand, for the first time, the Ministry of Finance has recently issued a ministerial regulation regarding controlling the transportation of goods held in customs custody which will affect cross-border transportation, transportation to the bonded warehouse or duty-free zone, transportation of goods between ports and depots, multimodal transportation and other types of transportation as prescribed by the Director of Customs Department.

The control of this ministerial regulation was divided into two types, namely controlling the transportation of goods with a specific device such as GPS and controlling the transportation of goods with digital technology such as blockchain, which can be explained below.

Controlling the transportation of goods with a specific device is about using equipment indicated on the package or cargo or using other equipment which may be different according to the container or vehicle of transportation.  Meanwhile, controlling the transportation of goods with digital technology is about using technology equipment to control, follow and verify the transportation of goods in customs custody. During transporting of goods, a customer has a right to access the information in order to track the status of transportation.

For using these services, a customer such as an importer needs to declare the intention of using this service and pay a service fee before customs clearance. Furthermore, this ministerial regulation was issued to control and monitor the transportation of goods in customs custody and also prevent avoidance of payment by modern technology.

Author: Panisa Suwanmatajarn – Managing Partner, The Legal Co., Ltd.

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Bangkok Metropolitan Administration to Pursue New Tax Schemes

The Bangkok Metropolitan Administration (BMA) is looking into new ways to increase revenue collection. At a meeting with the BMA Finance Department, Governor Chadchart Sittipunt set out three objectives:

  1. Completely collect all statutory tax.
  2. Consider amending the Bangkok Metropolitan Administration Act B.E. 2528 (1985) to grant authority for BMA to collect additional tax, such as the tourist tax and pollution tax, in order to increase revenue without causing undue hardship to the people.
  3. Approximately five million people have their registered addresses in Bangkok. At the same time, there are many residents in Bangkok with registered addresses in other provinces. As a result, the BMA is considering the way of changing their registration to Bangkok in order to reflect the actual population and allocate an appropriate budget based on such actual population of Bangkok.
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As we all know, the BMA receives revenue from a variety of sources, including land and building tax, signboard tax, property income (i.e. the rental fee collected from the rent of a BMA’s building), VAT, vehicle tax, fees and others. Despite the fact that the BMA has been able to collect such revenue in accordance with its target, the BMA, led by the Governor of Bangkok, is considering an increase in revenue collection, as mentioned in item 2, so that such revenue amount shall be used to provide comprehensive and efficient benefits to the actual numbers of people in Bangkok, as mentioned in item 3, given the possibility of increasing expenses in the future.

The new tax collection scheme will include a robust online tax filing system called BMA TAX MAP and an array of payment options. This will allow taxpayers to conveniently file and pay their taxes online and reduce the need for physical visits to the BMA offices. The BMA will also provide 24/7 customer service for taxpayers who require assistance. The BMA believes that this new tax collection scheme will significantly improve efficiency and reduce operational costs, while providing taxpayers with a more convenient and secure way of filing and paying their taxes. It is also expected that this new system will help in increasing compliance with tax obligations, as well as promoting transparency and greater accountability of the system.

Author: Panisa Suwanmatajarn, Managing Partner.

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Digital Platform Service Operation to Be Regulated

With the rise of modern technology and the spread of COVID-19, businesses are increasingly turning to online platforms as a way to operate without needing to travel. These platforms cover a wide range of services, such as online marketplaces, social commerce and food delivery. In general, terms of use imposed by service operators should be transparent with their users. They should provide clear information about their policies, pricing, data usage and other relevant information. They should also give users the opportunity to make decisions about how their data is used and how they are served by the service. This will ensure that users are aware of how their data is being used and that they are not being taken advantage of.

The regulation of digital platform services to be imposed by the government should be based on a set of fair and transparent rules that are applicable to all parties. These rules should ensure the safety of users, ensure data privacy and security, protect against anti-competitive practices and ensure that the user experience is not compromised. Additionally, government should take an active role in monitoring the digital platform services and enforcing these regulations, as well as providing a framework for dispute resolution between users, companies and government.

The regulation should also consider the innovative nature of digital platform services and allow room for experimentation and innovation. Additionally, the government should also provide incentives for companies to innovate and create new services. This will ensure that digital platform services remain competitive and continue to innovate in order to provide the best user experience possible.

As for Thailand, the Royal Decree on Supervision of Digital Platform Services Operation Requiring a Notification (“Royal Decree”) was announced on 23 December 2022 and will be effective 240 days after the announcement (i.e., 20 August 2023) in order to govern this matter.

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Digital Platform Services shall refer to the provision of electronic platform services as a medium with data management that connects Digital Platform Service Operators (“Platform Operator”), consumers or users via a computer network in order to enable electronic transactions, whether or not a service charge is charged. Digital Platform Service under this Royal Decree excludes the Digital Platform Services that are intended to be used to offer such Platform Operator’s or its affiliates’ goods or services, regardless of whether such goods or services are offered to third parties or its affiliates.

The Platform Operator under the Royal Decree must report its operations to the Electronic Transactions Development Agency (“ETDA”) and examples of qualifications are as follows:

  1. A natural person who operates digital platform service in Thailand and earns more than 1,800,000 THB per year or more than 50,000,000 THB if the Platform Operator is a legal entity; and
  2. Digital platform service with average monthly users in Thailand over 5,000 users.

As the Royal Decree’s main objective is to protect consumers within Thailand, regardless of Platform Operators operating outside of Thailand, this Royal Decree determines that the digital platform services that operate outside Thailand and provide services with one of the following characteristics shall be deemed to provide services to users in Thailand, namely, (1) Thai language digital platforms,  (2) digital platforms with the domain name “.th” or “.ไทย” (3) digital platforms that accept payment in Thai baht, (4) Digital platforms governed by laws of Thailand and subject to the exclusive jurisdiction of the courts of Thailand and others as specified in this Royal decree.

Platform Operators who will operate digital platform services must report the following information and evidence to ETDA:

  1. Platform Operator’s information such as name, surname or legal entity’s name, identification number or company registration number, address, accounting period and contact channel;
  2. Digital platform service information such as platform’s name, type of the platform, platform service channel (i.e., URL or application), value of transaction made on digital platform service (if any), etc.; and
  3. Users’ information such as user type (i.e. person who offers goods or services to consumer through digital platform service, customers and etc.), the total number of user and the total amount for each type of user, service provider’s information (i.e. freight forwarder and warehouse service provider), the total number of service provider and the total amount for each type of service provider, information and type of complaint, along with the handling of the complaint and the settlement of such dispute, the information of representative in Thailand (for the Platform Operator who operates inside Thailand) and the Platform Operator’s consent to for ETDA to access such reported information.

The Platform Operator will be issued a registered receipt and will be able to begin operating the digital platform services once ETDA receives the aforementioned report and evidence. Any major change must be reported to ETDA within 30 days as specified in this Royal Decree. Furthermore, ETDA will provide a channel for publicizing the digital platform services’ list and status (for example, the current list of Platform Operators and those whose receipt has been revoked). Please note that the information and evidence listed above must be reported annually within 60 days from the end of the calendar year (Natural Person Platform Operator) or fiscal year (Legal Entity Platform Operator).

Platform Operators may also be required to provide users with terms and conditions of service, assess risk, prepare risk management measure, system security measure, mitigation measure and other duties as specified in the Royal Decree in order to compensate or remedy those damaged by the use of digital platform services. Plus, the ETDA shall consider announcing the rules, procedures and conditions governing the period for business termination, the transfer of digital platform services to another licensee, the management and collection of data relating to digital identity proofing and authentication and any other matters deemed appropriate in order to prevent damage, protect users and ensure that users can use the services continuously.

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Platform Operators whose qualifications are required to report ETDA may continue to operate their businesses only if they report their digital platform business operations to ETDA within 90 days of the Royal Decree’s effective date. On the other hand, those who wish to discontinue such operations must notify ETDA within 90 days of the Royal Decree’s effective date as well.

There are also other details regarding the types of digital platform services, duties and various procedures which should be studied further by Platform Operators. Please note that if any law specifically governs over a specific type of digital platform services, the Platform Operator must comply with such law only if it practices in accordance with and in a manner that does not fall below the provisions of this Royal Decree.

Author: Panisa Suwanmatajarn, Managing Partner.

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Assets Exemption from Land and Building Tax

The new Land and Building Tax Act B.E. 2562 (2019) (the “Act”) has come into effect since March 13, 2019. Section 8 of the Act specifies the properties that will be exempted from the land and building tax payment. On January 10th, 2023, the Cabinet approved a draft ministerial regulation specifying a property exempted from land and building tax (no. [unidentified]) B.E. 2565 (2022) (“Draft Ministerial Regulation”) as proposed by the Ministry of Finance (“Ministry”). This article provides an example of the property owned by a state enterprise approved for tax payment exemption by way of issuing of the ministerial regulation under Section 8 (12) of the Act.

Dhanarak Assets Development Co., Ltd. (“DAD”) is a state enterprise owned by the Ministry and tasked with managing and maintaining the government’s real estate. Established in 2004, it serves two main purposes: to manage government assets in accordance with governmental policies and to construct and operate the Bangkok Changwattana Government Building Complex as a new type of government building. DAD earns rental revenue from leasing DAD’s lands and buildings located in the Government Complex Commemorating His Majesty The King’s 80th Birthday Anniversary, 5th December, B.E. 2550 (2007) (“Government Complex”) to various government agencies for use as offices.

Previously, DAD had enjoyed a tax reduction of 90%, but the tax reduction measure applicable to DAD ceased to be enforced. As a result, DAD lands and buildings are not currently exempted from the collection of land and building tax under the Act.

Therefore, in this regard, the Ministry proposed this Draft Ministerial Regulation by virtue of the Land and Buildings Tax Act to the Cabinet for its approval and the Draft Ministerial Regulation shall come into force backdated from January 1st, 2023 onwards.

This Draft Ministerial Regulation proposes a land and building tax exemption for DAD’s lands and buildings located in the Government Complex, which was constructed using the fund from securitization funding, only for the lands and buildings leased by the Treasury Department to provide office places and public utilities for various government agencies. According to the Draft Ministerial Regulation, the said public utilities shall refer to Building A, Building B, the Administrative Court Buildings, sewage disposal buildings, waste yards, security engineering buildings, parking buildings and also the areas within Building A, Building B and Administrative Court Buildings using for electrical systems, plumbing systems, engineering systems, fire protection systems, security systems, maintenance systems, air conditioning, and ventilation systems, wastewater treatment systems, garbage disposal systems, telecommunication systems, internal transportation systems, buildings, toilets, parking places and corridors within the buildings which are not used for benefit.

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New Regulation Governing the Services Related to Digital Identity Proofing and Authentication System

Most people nowadays conduct their transactions through electronic means. Before engaging in such electronic transactions, they must go through the process of verifying the person’s identity, which is currently supported by the digital system and is an important step in assisting the party to know their customers.

The Digital Identity Proofing and Authentication System is designed to provide a secure and efficient process for validating the identity of users who are attempting to access sensitive information. This system employs cutting-edge technology to ensure that only users with legitimate credentials can access the data they need. The system allows organizations to reliably authenticate user identities using a variety of methods such as biometrics, physical documents, government-issued IDs and other types of identification.

The Digital Identity Proofing and Authentication System also features robust data encryption techniques to protect the sensitive information from unauthorized access. This ensures that only users with appropriate credentials can access the data. Additionally, the system has been designed to be tamper-resistant and provide comprehensive reports that allow organizations to track user activity and access history.

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In addition to security features, the system includes a range of tools for user management. Administrators can manage user roles, access rights, and account information quickly and easily. They can also enable or disable users in bulk and set temporary passwords for new users.

The main regulations on digital identification include the European eIDAS Regulation, the General Data Protection Regulation, the Identity Theft Prevention Act, the EU Payment Service Directive and the Anti-Money Laundering Directive. These regulations set out requirements for digital identities, such as customer authentication, data protection and fraud prevention. Companies providing digital identification services in EU must ensure compliance with these laws. Additionally, some countries have their own regulations in place that must be adhered to when offering such services.

The Digital Identity Proofing and Authentication System is an essential tool for any organization that needs to maintain accurate records and secure access to sensitive data. It provides a simple yet powerful solution for verifying user identities while also ensuring the security.

In this regard, the Royal Decree on Supervision of Services Related to Digital Identity Proofing and Authentication System B.E. 2565 (2022) (“Royal Degree“) was announced on 23 December 2022 and will be effective 180 days after the announcement (i.e. 21 June 2023) to govern an operation of a legal entity who provides services related to digital identity proofing and authentication systems.

The Royal Degree Decree specifies the characteristics of the service provider who must obtain a license to operate digital identity proofing and authentication, i.e. (1) Identity proofing services, (2) Authenticator, (3) Identity authentication services and (4) services of exchanging the digital proofing and authentication data through the network or system. Furthermore, applicants must be a limited company, public limited company or other legal entity that meets the qualifications defined by Electronic Transactions Development Agency (“ETDA“) by submitting all required documents and information to the ETDA, such as information about the system and technology used to provide services, a risk assessment and management plan, a personal data protection plan and security plans and measures for information systems.

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The licensee has duties to report as follows:

  1. Submitting a Business Readiness Assessment Report to Electronic Transactions Development Agency (“ETDA”) within 180 days of receiving a license. Otherwise, EDTA may consider revoking the license.
  2. Notifying ETDA if a third party collects or retains Digital Identity Proofing and Authentication System Information on its behalf. Any changes to such third-party must be reported to EDTA within 15 days of the change.
  3. Notifying ETDA of any changes in registered capital, director, manager or person in charge of operating the services, as well as system and technology that may have an impact on service provision.
  4. Notifying ETDA if they receive a complaint or a lawsuit relating to the licensee’s business operations.
  5. Submitting an annual report to ETDA in the format, content and method prescribed by ETDA.
  6. Inspecting the digital identity proofing and authentication system and report the same to the ETDA.
  7. Notifying ETDA at least 60 days before the expected date of discontinuation of business.

The ETDA shall consider announcing the rules, procedures and conditions concerning the period for business termination, transfer of services to another Licensee, management and collection of information relating to digital identity proofing and authentication and any other matters that ETDA deems appropriate in order to prevent damage, protect service users and ensure that users can continue to use the services.

The service providers who require the license and have been in operation prior to the effective date of this Royal Decree may continue to do their businesses. However, they must apply for a license and submit a business readiness assessment report within 90 days of the Royal Decree’s effective date. Therefore, if you are required to obtain this license, please read this Royal Degree and begin preparing your application, as well as keep up to date on any new sub-regulations that may be announced.

Author: Panisa Suwanmatajarn, Managing Director.

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Changing in Liquor License Fees under the Excise Law

The Cabinet has approved a draft Ministerial Regulation intended to pave the way for small scale local liquor producers to produce local liquors.

The essence of this draft Ministerial Regulation is determining the fee rate of permission to produce non-commercial liquor and permission to produce commercial liquor according to the Ministerial Regulation of Liquor Production B.E. 2565 (2022) which are as follows:

  1. The license fee to produce a non-commercial fermented liquor is 360 baht.
  2. The license fee to produce a non-commercial distilled beverage is 1,500 baht.
  3. For a small-sized liquor industrial factory that has combined machines lower than 5 horsepower or has less than 7 workers or both, the license fee is 1,800 baht.
  4. Under this draft Ministerial Regulation, the definition of medium-sized liquor industrial factory has been added which is specified that using  from 7 but less than 50 workers or having combined machines from  5 but less than 50 horsepower or both. The license fee for this category but not including beer production is 3,600 baht.
  5. For rice whisky that is produced from a small sized liquor industrial factory and has combined machines from 5 but less than 50 horsepower or has workers from 7 but less than 50 or both, the license fee is 15,000 baht.
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The government hopes that these changes will help the production of traditional liquors produced by small and medium producers.