Foreign investment in Thailand under the investment promotion scheme has continued to gain significant momentum. The Board of Investment (BOI) recently reported a 138% increase in investment promotion applications compared to the same period in the previous year.
However, despite this surge in applications, the actual value of realized investments remains relatively modest. This is primarily attributable to approximately 70 projects with a combined value exceeding THB 300 million that have submitted applications for BOI promotion but remain pending approval.
To address this challenge, the Deputy Prime Minister and Minister of Finance has introduced a “Fast Pass” initiative designed to expedite the BOI’s review and approval process, with the objective of accelerating capital inflows and strengthening Thailand’s overall investment climate.
Over the next four months, the BOI will focus on three key priorities:
1. Accelerating Investment Through the Fast Pass Policy
The Fast Pass initiative aims to expedite investment project approvals by identifying and resolving bottlenecks within government agencies. The Ministry of Finance and the BOI will collaborate to streamline procedures, enabling investors to proceed more efficiently and increase investment inflows into Thailand. The Fast Pass framework comprises three main components:
Direct submission of required documents to the relevant agencies
Document approval within specified timeframes
Establishment of a Public-Private Fast Track Committee (PPP Fast Track) to facilitate coordination between government agencies and investors
2. Workforce Skills Development
To support emerging industries—including clean energy, semiconductors, electric vehicles (EVs), printed circuit boards (PCBs), Bio-Circular-Green (BCG) sectors, and advanced digital/AI technologies—the BOI is advancing comprehensive programs to upskill Thai workers and position Thailand as a competitive international business hub.
Recognizing the acute shortage of skilled workers in these sectors, the Ministry of Finance and the BOI are collaborating to bridge the skills gap and maintain investor confidence. The BOI will subsidize training and development programs to enhance workforce readiness, including:
Bootcamps – intensive, fast-track skill development programs
On-site factory internships provide hands-on experience
Flexible online training courses
3. Empowering Thai Entrepreneurs
To strengthen domestic competitiveness, the BOI is implementing measures to assist Thai entrepreneurs in adopting advanced machinery, automation systems, and digital technologies. These initiatives are designed to improve operational efficiency, enhance adaptability, and build resilience in an increasingly dynamic global marketplace.
Conclusion
Through the Fast Pass policy, targeted workforce development, and comprehensive support for entrepreneurial modernization, the BOI is accelerating Thailand’s transformation into a premier regional investment and innovation hub. By streamlining approval processes, cultivating a highly skilled workforce, and empowering local businesses with modern capabilities, Thailand is positioned to enhance its global competitiveness and sustain long-term economic growth.
Startup Promotion and Development Act: Facilitating Growth and Innovation
The Draft Startup Promotion and Development Act (“Draft”) aims to bolster Thailand’s startup ecosystem by addressing legal and operational challenges that hinder growth and competitiveness. Recognizing the pivotal role startups play in driving economic progress and innovation in an increasingly dynamic global landscape, the Draft seeks to create a supportive legal framework to enhance entrepreneurial capacity, funding access, and business networking. The public consultation period for the Draft is open until 27 October 2025.
Regulatory Framework and Authorities:
The Draft establishes the Startup Promotion Committee, tasked with overseeing and formulating policies to foster startup development. The National Innovation Agency (NIA) acts as the primary coordinator, bridging public and private sectors to streamline access to benefits and incentives for qualifying startups. The NIA also operates a one-stop service center, disseminates information on rights and benefits, and facilitates connections to funding opportunities.
Eligibility Criteria for Startups:
To qualify for the benefits outlined in the Draft, startups must meet specific criteria and submit a self-declaration to the NIA, including:
• Establishment Period: The startup must be a limited company incorporated for no more than 10 years at the time of application.
• Revenue Threshold: An average annual revenue not exceeding 300 million baht over the past three consecutive years.
• Dividend Status: The startup must not have paid dividends.
• Ownership Structure: The startup must not be controlled by another company, except in cases where the controlling entity is itself a startup or a company established by, or in partnership with, a higher education institution to promote research and innovation.
Startups are required to annually update their information and supporting documents through the NIA’s electronic system. Upon verification, eligible startups are officially recognized and granted access to the prescribed benefits.
Rights and Benefits for Startups:
The Draft provides several key benefits to recognized startups, including:
Exemption from Shareholding Restrictions: Startups are permitted to hold their own shares to support fundraising, operations, and expansion, or to offer shares to the public and issue debentures, subject to Securities and Exchange Committee regulations.
• Additional Entitlements: Benefits related to taxation, immigration, funding, and intellectual property are managed by relevant agencies, ensuring a comprehensive support system.
These benefits are available for five years from the Draft’s official publication date, with an extension of up to 10 years for startups engaged in agricultural activities.
Penalties for Non-Compliance:
The Draft includes provisions for penalties to ensure adherence to its regulations, maintaining transparency and integrity within the startup ecosystem.
What Startups Should Prepare:
To take full advantage of the Draft, startups should:
1. Verify Eligibility: Ensure compliance with the establishment period, revenue threshold, dividend status, and ownership structure requirements.
2. Prepare Documentation: Gather and maintain accurate records for submission to the NIA, including financial statements and ownership details, to support the self-declaration process.
3. Engage with the NIA: Utilize the NIA’s one-stop service center and electronic system for updates and to access funding and networking opportunities.
4. Understand Benefits: Familiarize themselves with available exemptions and incentives, particularly regarding shareholding, taxation, and intellectual property, to maximize strategic growth.
5. Stay Compliant: Adhere to the Draft’s regulations to avoid penalties and sustain eligibility for benefits.
Conclusion
The Draft represents a significant milestone in modernizing Thailand’s legal framework to support startups, foster innovation, and strengthen national competitiveness. By establishing a more transparent, flexible, and growth-oriented regulatory structure, the Draft provides a robust foundation for a thriving and dynamic startup ecosystem in Thailand. Upon enactment, it is anticipated to cultivate a more vibrant and investor-friendly environment that will accelerate the growth and success of emerging businesses throughout the country.
Department of Business Development Establishes Division to Combat Illegal Business Practices
On October 2, 2025, the Department of Business Development (DBD) announced the formation of the Division for the Prevention and Suppression of Illegal Businesses, aimed at strengthening enforcement mechanisms to address unlawful business activities in Thailand. This initiative underscores the DBD’s commitment to safeguarding economic integrity and ensuring compliance with legal standards.
Addressing Illegal Business Practices:
The newly established Division focuses on tackling fraudulent practices, particularly the use of “juristic person mule accounts” and nominee shareholding arrangements. Juristic person mule accounts involve the registration of corporate entities to open bank accounts for deceptive purposes, exploiting the DBD’s streamlined and accessible registration processes. Additionally, some foreign nationals have been found to use Thai nominees to register companies, concealing true ownership in violation of Thai law. These practices threaten national security, economic stability, and public trust.
To counter these issues, the Division will coordinate with relevant authorities to pursue legal action against offenders, ensuring accountability to the fullest extent of the law.
Organizational Structure and Strategy:
On October 1, 2025, the DBD convened its inaugural meeting to outline the Division’s objectives and operational framework. A central committee was appointed, supported by four subcommittees specializing in:
Business Registration Prevention: To strengthen pre-registration verification and prevent misuse of the registration system.
Business Data Analysis: To identify patterns and anomalies indicative of illegal activities.
Business Auditing: To conduct thorough inspections of business operations and financial records.
Legal Affairs: To develop legal frameworks and ensure compliance with existing regulations.
These subcommittees will formulate policies, establish inspection protocols, and foster collaboration with other agencies to enhance law enforcement efficiency. The Division will also devise measures to prevent and suppress businesses that evade or violate legal requirements.
Objectives and Broader Implications:
The Division’s primary goal is to curb illegal business activities that undermine transparency, create unfair competition, and jeopardize economic stability. By addressing practices such as nominee shareholding and fraudulent registrations, the DBD aims to promote good governance, enhance investor confidence, and support equitable economic development.
This initiative aligns with the government’s long-term vision of fostering a transparent and fair business environment, reducing disparities, and promoting sustainable growth. It ensures that all market participants operate on a level playing field, benefiting stakeholders across sectors.
Impact on Stakeholders:
The establishment of the Division will have significant implications for various parties involved in Thailand’s business ecosystem:
• Business Owners and Investors: Enhanced verification processes will be implemented to prevent the misuse of juristic person registrations, ensuring legitimate operations.
• Foreign Nationals: Those attempting to bypass legal requirements through nominee arrangements will face increased scrutiny and potential penalties.
• Financial Institutions: Banks and financial service providers will be required to adopt stricter due diligence measures when opening accounts for juristic persons.
Conclusion:
The creation of the Division for the Prevention and Suppression of Illegal Businesses reflects Thailand’s commitment to fostering a transparent, compliant, and equitable business environment. By addressing illicit practices such as juristic person mule accounts and nominee shareholding, the DBD seeks to protect public trust, uphold national security, and promote sustainable economic growth. Stakeholders are urged to comply with the strengthened regulations, while the Division will continue to monitor, collaborate, and enforce measures to ensure a lawful and fair business landscape in Thailand.
Thailand’s Progress on Accession to the Cross-Border Paperless Trade Agreement
The Framework Agreement on Facilitation of Cross-Border Paperless Trade in Asia and the Pacific (CPTA) is an international agreement developed under the auspices of the United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP). The CPTA entered into force on 20 February 2021, with the objective of promoting the digitalization of cross-border trade while fostering legal and technical interoperability among participating countries.
Key Objectives of the CPTA
The CPTA aims to achieve the following strategic objectives:
Facilitate international trade – Streamline cross-border trade processes by promoting digital systems and reducing reliance on paper-based documentation.
Promote the use of electronic trade documents – Encourage member countries to recognize electronic documents as legally equivalent to their paper counterparts.
Improve efficiency and transparency – Accelerate customs procedures, minimize processing errors, and enhance visibility in international trade transactions.
Reduce trade costs and processing time – Eliminate the need for printing, mailing, and storing paper documents while optimizing overall trade workflows.
Accession Procedure
While the CPTA was opening for execution from 1 October 2016 to 30 September 2017, countries that did not enter into the CPTA during this period, including Thailand, may consider becoming contracting parties to the CPTA through the formal accession process.
Accession Requirements
Submission of Instrument of Accession – The country must prepare and submit this formal document to the Secretary-General of the United Nations.
Effective Date – The CPTA becomes legally binding for the acceding country following a 90-day period after the Secretary-General receives the Instrument of Accession.
Legal and Regulatory Framework – No requirement for the contracting party to amend its domestic laws prior to accession. However, upon becoming a party, it is obligated to align its local legal framework with the obligations set forth in the agreement.
Thailand’s Current Position and Progress
On 26 August 2025, the Thai Cabinet resolved to approve Thailand’s accession to the CPTA, assigning the Ministry of Foreign Affairs to prepare the Instrument of Accession and submit it to the Secretary-General of the United Nations.
Implementation Timeline for Thailand
Preparation and Submission – The Ministry of Foreign Affairs is currently in the process of preparing the Instrument of Accession for submission to the Secretary-General of the United Nations.
Waiting Period – Observe the mandatory 90-day period following submission, after which the CPTA will become legally binding on Thailand.
Domestic Coordination – Following the 90-day period and the entry into force of the CPTA, Thailand will begin a phased implementation process. While the CPTA does not set a fixed deadline, the implementation is expected to proceed progressively based on the country’s readiness.
Conclusion
The Cabinet’s approval for Thailand to initiate the CPTA accession process demonstrates the country’s commitment to enhancing trade systems and strengthening digital cooperation in the region. While Thailand is not yet a Party to the agreement, this development represents a significant milestone that warrants close monitoring, as it may substantially influence the future of cross-border trade between Thailand contracting parties.
Cloud: Government Poised to Launch ‘Go Cloud First’ Policy – Implications and Preparations
In a significant step toward digital transformation, the Thai government is poised to fully implement its “Go Cloud First” policy, mandating the prioritization of cloud computing for public sector IT infrastructure and services. Approved by the Cabinet in September 2023 and further reinforced in June 2024, this initiative aligns with the National Strategy (2018–2037) and the Digital Government Organization Act B.E. 2562 (2019). The Digital Government Development Agency (DGA) has released key drafts in July 2025, including frameworks and guidelines, with implementation slated to begin on October 1, 2025. This move aims to enhance efficiency, security, and service delivery across government agencies, marking a pivotal shift from traditional on-premises systems to scalable cloud solutions.
The policy encompasses a comprehensive framework for cloud management, data classification, and usage guidelines, ensuring that cloud adoption supports national goals of digital economy growth while safeguarding data sovereignty. As Thailand joins global peers in leveraging cloud technology, this article explores the policy’s details, its anticipated effects, and the necessary preparations for cloud service providers.
Overview of the Cloud-First Policy and Guidelines:
The “Go Cloud First” policy requires all government entities—including central administrations, local governments, state enterprises, and independent organizations—to adopt cloud services as the primary IT approach. Key documents outline the roadmap:
Cloud Management Framework (Version 7): This draft announcement establishes preferences for public clouds, mandates data centers within Thailand (with exceptions requiring DGA approval), and requires sovereign clouds for highly sensitive data. Agencies must design cloud-native systems, implement security measures, and connect to a central management platform overseen by the DGA.
Cloud Data Classification Guideline (Version 1.0): Data is categorized into three levels—Official (low-risk), Protected (medium-risk), and Highly Protected (high-risk)—based on the CIA triad (Confidentiality, Integrity, and Availability) and risk assessments. Highly Protected Data must use community or sovereign clouds to maintain sovereignty and comply with laws like the Personal Data Protection Act B.E. 2562 (2019).
Government Cloud Usage Guideline (Version 1.0): This provides principles for procurement, security, and best practices, emphasizing public clouds first, followed by private, community, or hybrid models. It covers service types (IaaS, PaaS, SaaS), migration strategies, cost management, backup protocols, and exit planning to avoid vendor lock-in.
These guidelines, developed by the DGA and approved for consultation by the Digital Government Development Committee (DGDC) in July 2025, ensure procurement aligns with the Public Procurement and Supplies Administration Act B.E. 2560 (2017), promoting transparency and value for money.
Effects of the Policy Implementation:
The adoption of cloud usage under the “Go Cloud First” policy is expected to yield multifaceted benefits, transforming government operations and the broader economy. Key effects include:
Enhanced Efficiency and Service Delivery
By shifting to cloud-based systems, government agencies can achieve greater scalability and flexibility, enabling faster deployment of digital services. This will reduce downtime, streamline data sharing among agencies, and improve citizen access to services such as e-government portals, potentially cutting administrative delays by up to 50% in routine processes. The policy’s emphasis on cloud-native designs will foster innovation, allowing for rapid updates and integration with emerging technologies like AI and big data analytics.
Cost Savings and Resource Optimization
Traditional IT infrastructure often involves high upfront costs for hardware and maintenance. The pay-per-use model of cloud services is projected to lower expenses by 20-30%, freeing up budgets for other priorities. Tools like pricing calculators and billing alerts will enable real-time monitoring, preventing overspending and promoting fiscal responsibility.
Improved Security and Data Sovereignty
With mandatory data classification and security standards aligned with the Cybersecurity Act B.E. 2562 (2019), the policy will bolster defenses against cyber threats. Requiring data storage in Thailand enhances sovereignty, reducing risks from foreign data breaches and ensuring compliance with national laws. This could lead to fewer incidents of data loss, build public trust in digital government services.
Economic and Societal Impacts
On a macro level, the policy will stimulate the domestic cloud market, creating jobs in IT and related sectors while attracting investments from global providers. It supports Thailand’s digital economy ambitions, potentially boosting GDP growth through increased productivity. However, challenges such as the need for workforce upskilling and potential initial disruptions during migration must be managed to mitigate short-term effects.
Overall, these effects position Thailand as a regional leader in digital governance, aligning with ASEAN’s digital integration goals.
Addressing Potential Concerns and Global Precedents:
While the “Go Cloud First” policy promises substantial advantages, it has sparked debates regarding potential risks, particularly in areas of national security, data sovereignty, and privacy. Critics argue that relying on cloud services, especially from foreign providers, could lead to loss of control over sensitive data transferred abroad, increasing vulnerabilities to cyber-attacks or unauthorized access. Concerns include jurisdictional ambiguities, where foreign governments might compel access to data under their laws, potentially violating Thai data secrecy and personal privacy protections. Additionally, there are worries about unencrypted data exposure, misuse through AI analysis by providers for business or intelligence purposes, and broader implications for financial institutions handling critical economic data. These issues underscore the need for robust local cloud development, stringent data classification, encryption, multi-factor authentication, and continuous monitoring to safeguard national interests.
However, these concerns can be effectively mitigated, as evidenced by successful cloud adoptions in Western financial sectors. Major banks in the US and Europe have embraced cloud technologies from providers like AWS, Azure, and Google Cloud, demonstrating that with proper safeguards, the benefits outweigh the risks. For instance, JPMorgan Chase and Bank of America have partnered with Microsoft Azure to enhance their operations, leveraging the platform for improved resilience and innovation in services like fraud detection and customer analytics. Wells Fargo employs a multi-cloud strategy with both Azure and Google Cloud, focusing on scalability and data management while maintaining compliance with stringent regulations such as the Gramm-Leach-Bliley Act. In Europe, HSBC and Barclays have integrated AWS for core banking functions, achieving cost efficiencies and faster digital transformations without compromising security. Capital One, a prominent US bank, completed a full migration to AWS, resulting in enhanced agility and reduced infrastructure costs, serving as a model for secure cloud usage in regulated environments. These examples illustrate how Western banks navigate similar sovereignty and privacy challenges through hybrid models, data localization where required, and advanced encryption, leading to operational improvements and regulatory adherence.
Cloud providers further bolster these efforts with robust policies designed to resist unwarranted government or third-party data access. Amazon Web Services (AWS) adheres to the Clarifying Lawful Overseas Use of Data (CLOUD) Act, which requires legal processes like warrants for data disclosure, and publishes transparency reports detailing government requests while challenging overbroad demands in court. Microsoft Azure emphasizes data sovereignty through regional data centers and commitments to only disclose data when legally compelled, often pushing back against requests lacking proper authorization under frameworks like the EU’s GDPR. Google Cloud similarly prioritizes user privacy, offering tools for data residency and encryption keys managed by customers, and has a history of litigating against U.S. government surveillance orders to protect client information from unauthorized access. These policies, combined with compliance certifications like ISO 27001 and SOC 2, enable providers to safeguard data against external pressures, providing reassurance for Thai agencies adopting cloud solutions.
Preparations for Cloud Providers:
To capitalize on this opportunity, cloud service providers must align with the policy’s stringent requirements. The DGA will evaluate and certify providers, publishing an approved list for government procurement. Key preparations include:
Aspect
Requirements
Actions for Providers
Compliance and Certification
Providers must meet DGA standards for security, data classification, and management. Certification may involve fees and annual reviews.
Undergo DGA evaluations, implement controls per the Cybersecurity Standards for Cloud Systems (2024), and prepare documentation for audits.
Data Localization
Data centers and storage must be in Thailand, with sovereign cloud options for sensitive data.
Invest in local infrastructure or partner with Thai entities to ensure compliance, avoiding offshoring without approvals.
Security and Best Practices
Support VPCs, encryption, vulnerability testing, and backup/recovery tools.
Enhance offerings with features like AWS Backup or Azure Backup, provide training on secure configurations, and develop exit strategies to prevent lock-in.
Service Models and Scalability
Offer IaaS, PaaS, SaaS with flexible pricing and migration support.
Customize solutions for government needs, including pricing calculators and alerts, while ensuring interoperability with existing systems.
Ecosystem Engagement
Participate in public consultations and DGA collaborations.
Engage in training programs, contribute to the cloud ecosystem, and monitor updates via DGA resources like https://kb.dga.or.th/cloud/.
Providers who proactively address these areas will gain a competitive edge in serving Thailand’s public sector, estimated to expand significantly under the policy.
Conclusion:
The Thai government’s launch of widespread cloud usage through the “Go Cloud First” policy represents a forward-thinking commitment to digital excellence. By fostering efficiency, security, and innovation, it promises substantial benefits for citizens and the economy. While valid concerns exist, global precedents from Western banking sectors and strong provider policies demonstrate viable paths to secure implementation. Cloud providers, in turn, must prioritize compliance and localization to thrive in this evolving landscape. As implementation unfolds, ongoing collaboration between the DGA, agencies, and industry stakeholders will be crucial to realizing the full potential of this transformative initiative.
Key Takeaways:
Enhanced Data Security: Compared to the current decentralized systems used by individual agencies, the cloud-based approach with standardized security protocols and centralized oversight will provide stronger protection for government data.
Strategic Shift: Thailand’s “Go Cloud First” policy, effective October 2025, mandates cloud prioritization for government IT, aligning with national digital economy goals.
Operational Benefits: Cloud adoption will enhance efficiency, reduce costs by 20-30%, and improve service delivery through scalable, cloud-native systems.
Security and Sovereignty: Strict data classification and local storage requirements ensure compliance with Thai laws, reducing cyber risks and enhancing trust.
Global Precedents: Western banks like JPMorgan Chase and HSBC demonstrate secure cloud use, mitigating concerns about data privacy and sovereignty.
Provider Readiness: Cloud providers must invest in local infrastructure, comply with DGA standards, and offer robust security to serve Thailand’s public sector effectively.
Government Control: Regardless of which cloud provider the government uses, the government retains sovereignty and control over its data through mandated localization and policy safeguards.
Trade Competition: Draft Guideline on Unfair Trade Practices in Digital Platforms
Introduction:
The rapid expansion of digital markets, particularly in e-commerce and multi-sided platform businesses, has raised significant concerns regarding unfair trade practices and monopolistic behaviors. To address these issues, the Trade Competition Commission of Thailand (TCCT) has issued the Draft Guidelines for Considering Unfair Trade Practices and Monopolistic Acts in Multi-Sided Platform Businesses, Digital Services, and E-Commerce (the “Draft Guideline”). Open for public consultation from August 19, 2025, to September 18, 2025, these guidelines aim to strengthen regulatory oversight under the Trade Competition Act B.E. 2560 (2017) (the “Act”). This document outlines the key provisions of the Draft, the types of anti-competitive conduct it targets, and its implications for stakeholders in the digital economy.
Purpose of the Guidelines:
The Act seeks to promote free and fair competition in multi-sided platform markets, including e-commerce and digital services, by establishing clear guidelines for business conduct. The Draft Guideline addresses collaborative agreements or legal arrangements between digital platform operators and other businesses in related markets, ensuring compliance with the Act and associated legal frameworks. By doing so, the TCCT aims to prevent monopolistic practices and foster a competitive environment that benefits all market participants.
Categories of Anti-Competitive Conduct:
The Draft Guideline identifies two primary categories of conduct that may undermine competition or constitute unfair trade practices: price-related and non-price-related behaviors.
The following practices are highlighted as potentially anti-competitive:
Predatory Pricing: Setting prices below the average total cost without legitimate economic justification, with the intent to eliminate competitors.
Rate Parity Clauses: Mandating uniform pricing across all sales channels, prohibiting sellers from offering lower prices on competing platforms.
Resale Price Maintenance: Imposing fixed resale prices on sellers and enforcing compliance through penalties, such as refusal to supply.
Unjustified Commissions and Fees: Levying excessive or discriminatory fees, including commissions, advertising, logistics, promotional, or payment processing fees, without reasonable justification. Examples include:
Setting fees at excessively high levels;
Aligning fees with competitors’ rates (parallel pricing);
Charging fees below average total cost to engage in predatory pricing; or
Practicing price discrimination, such as charging different rates to “mall sellers” compared to regular sellers.
Algorithmic Price Manipulation: Utilizing algorithms or automated tools to distort market prices unfairly, such as manipulating price rankings to favor certain sellers.
2. Non-Price-Related Conduct:
The Draft Guideline also addresses non-price behaviors that may restrict competition, including:
Self-Preferencing: Prioritizing the platform’s own products or those of affiliated sellers, while reducing the visibility of competitors’ offerings.
Bundling or Forced Usage: Imposing mandatory conditions, such as requiring sellers to use the platform’s proprietary payment gateway or participate in specific promotional events (e.g., “double date sales”).
Exclusive Dealing: Enforcing unconditional or predetermined exclusivity arrangements that limit sellers’ ability to engage with other platforms.
Discriminatory Practices: Engaging in unfair product rankings among sellers of identical goods or favoring the platform’s in-house logistics provider over competitors.
Data Leveraging: Using seller data collected on the platform to gain an unfair competitive advantage for the platform’s affiliated businesses.
Collusion: Coordinating with rival platforms or sellers on competitive elements, such as advertisement keyword bidding.
Other Restrictive Practices: Any conduct that results in monopolization, reduces competition, or restricts fair market practices.
Stakeholders Impacted:
The Draft Guideline will be enforced in a broad range of stakeholders who are considered to hold a dominant position in the market, including:
Digital platform operators in e-commerce and service sectors;
Sellers and merchants operating on these platforms;
Logistics and payment service providers; and
Advertisers and affiliate partners.
Businesses will face increased scrutiny, particularly where practices lack reasonable economic, business, or technological justification. Common practices, such as mandatory use of logistics partners or rate-parity clauses, may now be subject to regulatory challenge.
Conclusion:
The Draft Guideline reflects the TCCT’s heightened focus on regulating the digital economy, particularly platforms with significant market influence. Businesses operating in multi-sided platform markets must review their commercial strategies, pricing structures, and data practices to ensure compliance with the proposed regulations.
Key Takeaways:
Businesses must evaluate their practices to ensure compliance, particularly regarding pricing, data usage, and contractual arrangements.
The TCCT’s Draft Guideline targets unfair trade practices and monopolistic behaviors in digital platforms, with a focus on e-commerce and multi-sided markets.
Anti-competitive conduct is categorized into price-related (e.g., predatory pricing and rate parity clauses) and non-price-related behaviors (e.g., self-preferencing and exclusive dealing).
Stakeholders, including platform operators, sellers, logistics providers, and advertisers, will face increased regulatory scrutiny.
Digital Economy: Government Approves Comprehensive Three-Year Data Strategy and Advances AI and Smart City Initiatives
On August 21, 2025, the National Digital Economy and Society Committee convened to approve a series of transformative resolutions aimed at bolstering digital infrastructure, artificial intelligence (AI) development, and smart city initiatives. These decisions underscore the government’s commitment to fostering economic growth, enhancing national competitiveness, and ensuring a sustainable digital future for all citizens.
National Data Strategy:
The committee approved a three-year National Data Policy and Strategy, designed to provide a robust framework for digital transformation. The strategy focuses on four key pillars:
Data Infrastructure: Developing a resilient foundation for managing large-scale datasets to support digital innovation.
Data Governance: Establishing clear standards to enhance trust and efficiency in digital services.
Data Utilization: Promoting secure and widespread use of data across public and private sectors.
Digital Workforce: Cultivating a skilled workforce to meet the demands of the digital economy.
National Artificial Intelligence Committee:
A National AI Committee was established to oversee the implementation of the country’s AI action plan. The committee’s objectives include:
Advancing local talent and technological innovation in AI.
Leveraging AI to drive economic competitiveness.
Utilizing AI to address social and environmental challenges, thereby improving the quality of life.
Smart City Development:
The committee extended Smart City certifications for 16 existing projects and granted a new Smart Area certification to the Phuket Tinicon Valley Project, increasing the total number of certified smart cities to 37 across 25 provinces. Notable projects include Mae Moh Smart Living City (Lampang), Khlong Phadung Krung Kasem (Bangkok), Yala Smart City for Civic Engagement, and Samyan Smart City (Bangkok), each achieving over 80% progress. Since 2021, private sector investment in smart city development has surpassed 30.9 billion baht, driven by tax incentives and public procurement privileges. These initiatives integrate advanced technologies, such as intelligent transportation systems and clean energy management, to enhance urban living standards.
Public Internet Network Expansion:
The committee endorsed the management of the National Broadband Network, “Net Pracharat,” under an Open Access Network model. This initiative aims to ensure equitable and universal internet access, particularly in underserved areas. The Office of the National Digital Economy and Society Commission will lead the implementation, focusing on:
Economic Empowerment: Enabling citizens in remote areas to access online markets, thereby increasing income opportunities through activities such as selling agricultural products and handicrafts.
Cost Reduction: Lowering internet service costs by expanding access through government-supported infrastructure and making digital services more affordable.
Economic and Social Impacts:
The approved initiatives are poised to deliver significant economic and social benefits. The public internet network will bridge the digital divide, fostering economic inclusion and reducing connectivity costs. Smart city developments will enhance urban management, attract private investment, and improve residents’ quality of life through sustainable and innovative solutions.
Key Takeaways:
These initiatives reflect a commitment to building a competitive, inclusive, and sustainable digital economy.
The three-year National Data Strategy emphasizes data infrastructure, governance, utilization, and workforce development to drive digital transformation.
The establishment of a National AI Committee will advance AI innovation, economic growth, and solutions for social and environmental challenges.
Smart city certifications have been extended to 16 projects, with a new certification for the Phuket Tinicon Valley Project, contributing to 37 smart cities across 25 provinces.
The Open Access Network model for “Net Pracharat” will enhance internet accessibility, reduce costs, and create economic opportunities for citizens.
Amendments to Thailand’s Act on National Competitive Enhancement: Aligning with OECD’s Global Minimum Tax
Background
The Act on National Competitive Enhancement for Targeted Industries B.E. 2560 (A.D. 2017) (the “Act“) was published in the Royal Gazette and became effective on 14 February 2017. The Act’s primary objective is to promote investment in targeted industries and enhance Thailand’s national competitiveness, with the overarching goal of transitioning the country beyond middle-income status. Under the Act, eligible targeted industries must either be newly introduced to Thailand or utilize new technologies or advanced production processes that contribute to the development and promotion of innovation.
Purpose of the Amendment
The Thai government has recently announced its intention to amend the Act to align the country’s legislative framework with the tax policy principles established by the Organization for Economic Co-operation and Development (OECD). In this regard, a draft Royal Decree has been issued to amend the Act on National Competitive Enhancement for Targeted Industries (No. …), B.E. …. (the “Draft Act“).
The proposed amendments aim to align Thailand’s legal framework with international tax standards in the digital economy, particularly those developed under the OECD’s Base Erosion and Profit Shifting (BEPS) 2.0 Pillar Two initiative—commonly referred to as the Global Minimum Tax (GMT).
Under BEPS 2.0 Pillar Two, multinational enterprise (MNE) groups with consolidated annual revenues of at least EUR 750 million (approximately THB 28 billion) are subject to a minimum effective tax rate (ETR) of 15% on their profits in each jurisdiction. If a subsidiary in any given jurisdiction is subject to an ETR below this threshold, a top-up tax may be levied by the jurisdiction of the ultimate parent entity or another qualifying group entity, pursuant to the OECD’s Model Rules.
In response to these global developments, Thailand is recalibrating its investment incentives regime to ensure continued competitiveness while maintaining compliance with emerging international tax obligations.
Key Proposed Amendments
The key proposed amendments include:
Granting of Tax Credit Rights and Benefits – Definitions are introduced for “Tax Credit,” “Remaining Tax Credit,” and “Tax Credit Refund.” The proposed amendments allow promoted entities to utilize tax credits instead of direct tax payments.
Refund of Remaining Tax Credits – The Policy Commission may consider granting refunds for unused tax credits to promoted entities, subject to the availability of funds and limited to the remaining tax credit balance.
Revocation of Tax Credit Rights and Benefits – If the Policy Commission revokes a promoted entity’s tax credit rights and benefits, the entity will forfeit all entitlement to tax credits for the relevant accounting period. Applicable tax laws will then be enforced accordingly.
Inter-Agency Data Coordination – For purposes of investment promotion and evaluation, the Board of Investment (BOI) may request relevant tax collection data from the Ministry of Finance.
Transitional Provision – If deemed necessary, the Policy Commission may authorize the retroactive application of tax credit rights and benefits to qualifying investments or expenditures incurred from 1 January 2025.
Current Status
The BOI serves as the principal agency responsible for the proposed legislative amendments, which are currently subject to a public consultation process taking place from 4 July to 18 July 2025.
Given the significant impact of tax credit utilization on government revenue and its relevance to the public interest, it is essential that the granting and use of tax incentives strictly adhere to the policies established by the National Policy Commission. Regulation through a structured permit or licensing system is necessary to maximize national development benefits, particularly in research and development (R&D), innovation, and the development of specialized talent in targeted industries.
Conclusion
Thailand’s adoption of the OECD’s GMT framework through the proposed legislative amendments underscores the country’s commitment to international tax cooperation while preserving its appeal as an investment destination. The introduction of the Qualified Refundable Tax Credit (QRTC) mechanism represents a strategic effort to foster innovation-led growth and align tax incentives with national economic and industrial priorities.
These reforms reflect Thailand’s broader objective of establishing itself as a regional hub for high-value, innovation-driven industries and as a responsible leader in economic development. The Draft Act is currently subject to a public hearing process, the outcome of which will be instrumental in determining the final shape of the legislation. As Thailand progresses toward implementation, sustained policy oversight and active engagement with stakeholders will be critical to ensuring the success and effectiveness of this landmark tax reform.
Thailand’s BOI 2025: Driving Sustainability and Local Content in EVs and Industry through Strategic Incentives
Thailand’s Board of Investment (BOI) is advancing transformative policies to modernize the nation’s economy by promoting sustainability, enhancing local value creation, and strengthening global competitiveness. At its meeting on June 27, 2025, chaired by the Deputy Prime Minister, the BOI approved three key strategic initiatives:
1. Promotion of Local Content Utilization
To promote and increase the utilization of local content in the electric vehicle (EV) and electrical appliance industries, the projects that satisfy the following local content thresholds will be eligible for an additional 50% reduction in corporate income tax (CIT) for a period of two years under this scheme:
BEVs and Electrical Appliances: The use of local components must exceed 40% of the total component value.
PHEVs: Local content must exceed 45% of the total component value.
EV Parts: Local raw materials usage must exceed 15% of the total raw material value.
In all cases, the products must be certified as “Made in Thailand” (MiT) by the Federation of Thai Industries (FTI).
2. Improvement of Conditions for Light Industrial Businesses and Certain Activities with Environmental Impacts
To ensure fair competition and support the development of domestic industries, the BOI has introduced new regulations requiring certain manufacturing sectors—specifically, the production of furniture and components, bag manufacturing, and printing—to maintain a minimum of 51% Thai ownership. This requirement does not apply to the projects located within Special Border Economic Zones.
In parallel, to reinforce environmental protection and community well-being, the BOI has strengthened regulatory conditions for industries identified as having significant environmental or social impacts. These include, but are not limited to, metal processing, chemical manufacturing, and industrial plastics production. The projects in these categories will no longer be eligible for land ownership rights and must be situated within designated industrial estates, which are subject to heightened regulatory oversight. These revised conditions will apply to all applications submitted on or after September 1, 2025.
3. Comprehensive Monitoring and Tracking of All Stages of the Investment Promotion Process
To strengthen enforcement, the BOI has established a “Special Audit Team” to closely monitor that projects at risk of violating conditions or misusing incentives. High-risk sectors under special scrutiny include tire manufacturing, solar cells, metal products, bags, and furniture.
Major Project Approvals
The BOI has approved two major projects worth a combined THB 28.64 billion which are a Tier 3 Data Center by Stratus Technology in Rayong (THB 23.69 billion), and an expansion of air transportation services by Thai VietJet Air (THB 4.96 billion), featuring six new aircraft to boost Thailand’s role as a regional aviation hub.
Conclusion
By combining significant infrastructure investments with local content incentives and targeted tax relief, the BOI is guiding Thailand toward sustainable industrial growth focused on domestic value creation and supply chain strengthening. As the BOI evolves from gatekeeper to integrator of investment flows, businesses and legal advisers must closely align with its updated compliance and certification requirements to capitalize on these strategic opportunities.
Proposed Amendments to Company Registration Rules: Addressing Foreign Investment and Nominee Structures
The registration of companies in Thailand involving foreign nationals as shareholders or authorized directors is currently governed by Order No. 205/2555 of the Central Partnership and Company Registration Office: Re Criteria and Supporting Documents Required for the Registration of Partnerships and Limited Companies in Cases Involving Foreign Investment or Authorized Persons (the “Existing Order“).
This regulatory framework is designed to verify the legitimate financial standing of such entities by mandating bank certification that confirms both the Thai shareholder’s nationality and financial capacity, supplementing standard registration documentation requirements.
Background and Rationale
Thailand has encountered persistent challenges concerning the utilization of nominee shareholders, Thai nationals serving as proxies for foreign investors, across diverse business sectors. This practice demonstrates particular prevalence in tourism, hospitality services, real estate development, and construction industries, presenting substantial risks to the nation’s economic integrity and national security framework.
In recognition of these concerns, the Ministry of Commerce has identified the necessity for enhanced regulatory oversight governing the registration of partnerships and limited companies involving foreign participation.
Proposed Regulatory Framework
To address these challenges comprehensively, the Draft Order No. [..] issued by the Central Partnership and Company Registration Office: Re Criteria and Supporting Documents for the Registration of Partnerships and Limited Companies (the “Draft Order“), has been developed to supersede the Existing Order.
The Draft Order is strategically designed to prevent the misuse of Thai nominees to obscure foreign ownership structures in Thai business operations. Consequently, the Draft Order establishes more rigorous documentation requirements compared to the current regulatory framework.
Key Provisions of the Draft Order
1. Enhanced Documentation Requirements
Where foreign investors constitute joint investors or serve as authorized signatory individuals empowered to legally bind partnerships or limited companies, registration applicants must submit comprehensive supporting documentation for each Thai partner or shareholder concurrent with the registration application.
2. Source of Investment Capital Verification
Registration applicants must provide substantive evidence of the legitimate source of investment funds for Thai shareholders or partners through submission of one of the following documents:
Financial Institution Certification: Bank certification issued by a Thai financial institution verifying the Thai shareholder’s financial standing and capacity;
Banking Transaction Records: Copies of the shareholder’s bank statements demonstrating account activity over the preceding six-month period;
Tax Documentation: Copies of the shareholder’s income tax returns (individual or corporate, as applicable); or
Alternative Documentation: Other relevant documents that adequately demonstrate the legitimate source and nature of investment funds.
Public Consultation Process
The Draft Order is currently subject to public consultation to solicit comprehensive feedback from relevant stakeholders and the broader business community. Following the conclusion of the consultation period, the Department of Business Development will conduct a thorough review and finalize the Draft Order to ensure its alignment with contemporary business practices and regulatory requirements, with implementation scheduled to occur upon completion of the review process.
Conclusion and Strategic Impact
The Draft Order constitutes a substantial advancement in regulatory oversight, designed to enhance transparency and eliminate the misuse of Thai nominee structures in business registrations involving foreign investment. Through the implementation of comprehensive documentation requirements and strengthened regulatory supervision, the Draft Order seeks to ensure that corporate ownership structures accurately reflect legitimate investment activities and maintain full compliance with Thai legal requirements.
Upon final adoption and implementation, this regulatory enhancement is anticipated to strengthen investor confidence while simultaneously protecting Thailand’s economic sovereignty and national security interests. The measure represents a balanced approach to foreign investment regulation, promoting legitimate business activities while preventing circumvention of existing ownership restrictions.
