Tag: Information Technology

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NBTC’s Third Broadcasting and Television Master Plan (2026–2030): Expanded Oversight of OTT Platforms and the Future of Digital Broadcasting

Introduction:

Thailand’s National Broadcasting and Telecommunications Commission (NBTC) is currently conducting public consultations on the Draft Third Broadcasting and Television Master Plan (2026–2030), which is intended to serve as the principal policy framework for the broadcasting sector over the next five years.

The draft plan reflects the NBTC’s recognition that the media landscape has undergone significant transformation as audiences increasingly consume content through online platforms and streaming services rather than traditional broadcasting channels. In response, the NBTC is proposing a broader regulatory approach that extends beyond conventional television and radio operators to encompass digital content ecosystems, online media platforms, and emerging forms of content distribution.

The proposed framework also addresses growing concerns regarding misinformation, the competitiveness of domestic digital platforms, and the future of the digital television sector as existing licenses approach expiry.

Greater Focus on OTT and Online Media Platforms:

A key feature of the draft plan is the NBTC’s intention to strengthen oversight of over-the-top (OTT) services and online media platforms.

The traditional broadcasting regulatory framework was designed primarily for licensed television and radio operators. However, the rapid growth of streaming platforms, social media services, and other online content providers has significantly altered viewing behavior and challenged the effectiveness of existing regulatory models.

The draft plan therefore contemplates the development of regulatory mechanisms appropriate for the digital environment, including measures aimed at enhancing accountability and governance of online content distribution platforms. While the specific regulatory tools remain under consideration, the proposal signals the NBTC’s intention to play a more active role in overseeing digital media services that reach Thai audiences.

This policy direction reflects a broader recognition that online platforms have become an integral part of the communications ecosystem and increasingly influence public discourse, information consumption, and media competition.

Measures to Combat Fake News and Harmful Content:

The draft plan identifies misinformation, disinformation, and content that may create social division or public disorder as important regulatory concerns.

The NBTC proposes closer cooperation with relevant government agencies, media organizations, and digital platform operators to strengthen mechanisms for monitoring and addressing false or misleading information disseminated through broadcasting and online channels.

Particular attention is expected to be given to content that may affect public safety, national security, social harmony, or public confidence in state institutions. The draft plan also contemplates the development of systems that promote responsible media practices and improve public awareness regarding information verification.

Although detailed implementation measures have not yet been announced, platform operators and content providers should anticipate increased regulatory attention to content governance and compliance frameworks in the coming years.

Promotion of Domestic Digital Platforms and Local Content:

Another important objective of the draft plan is the promotion of domestic digital platforms and the strengthening of Thailand’s content industry.

The NBTC has expressed support for initiatives that enhance the competitiveness of local media operators and encourage the development of platforms capable of serving Thai audiences while promoting domestic content creation.

The draft plan also seeks to encourage innovation in broadcasting technologies and digital content distribution. Such initiatives are intended to support sustainable growth within the media sector and reduce structural disadvantages faced by local operators in competing with large international digital platforms.

This policy direction aligns with broader national objectives relating to digital economy development and technological self-reliance.

Preparing for the Post-2029 Digital Television Landscape:

The draft plan also addresses the future of the digital television industry as existing digital television licenses are expected to expire around 2029.

Since the transition to digital broadcasting, television operators have faced substantial economic pressures arising from changing consumer behavior, fragmentation of audiences, and increasing competition from online media services. These developments have raised questions regarding the long-term sustainability of the current broadcasting model.

In response, the NBTC intends to develop a roadmap for the future of digital television. The roadmap is expected to examine the role of terrestrial broadcasting in an increasingly digital environment, potential adjustments to licensing frameworks, spectrum management strategies, and measures to support industry sustainability.

The outcome of these discussions is likely to influence the structure of Thailand’s broadcasting sector for years to come and may have significant implications for broadcasters, investors, content producers, and telecommunications operators.

Implications for Businesses:

The draft master plan demonstrates a regulatory shift towards a more integrated approach to media governance, where distinctions between traditional broadcasting services and online content platforms are becoming less pronounced.

Businesses that may be affected by future policy developments include:

  • OTT and streaming service providers;
  • social media and content-sharing platforms;
  • broadcasters and television operators;
  • telecommunications service providers;
  • digital advertising businesses; and
  • content creators and media companies.

Although the draft plan does not itself create immediate legal obligations, it provides a clear indication of the NBTC’s regulatory priorities and may serve as the foundation for future regulations, licensing requirements, and policy initiatives affecting the digital media sector.

Stakeholders should therefore monitor the consultation process and forthcoming regulatory developments closely.

Outlook:

The Draft Third Broadcasting and Television Master Plan (2026–2030) reflects the NBTC’s effort to modernize the regulatory framework governing Thailand’s broadcasting and media sectors in response to technological change and evolving consumer behavior.

By focusing on OTT regulation, combating misinformation, promoting domestic digital platforms, and preparing for the expiry of digital television licenses, the NBTC is signaling a broader and more proactive approach to media regulation in the digital era.

While many of the proposed measures remain at the policy stage, the draft plan provides important insight into the direction of future regulatory developments and the issues that are likely to shape Thailand’s communications and media landscape over the coming years.

Key Takeaways:

  • The NBTC is consulting on the Draft Third Broadcasting and Television Master Plan (2026–2030), which will guide broadcasting policy over the next five years.
  • Regulatory attention is increasingly shifting towards OTT services and online media platforms as digital content consumption continues to grow.
  • The draft plan proposes stronger measures to address fake news, disinformation, and other forms of harmful online content.
  • The NBTC seeks to promote domestic digital platforms and strengthen the competitiveness of Thailand’s content industry.
  • A roadmap is being developed to address the future of digital television ahead of the expected expiry of digital TV licenses around 2029.

Although no immediate legal obligations arise from the draft plan, businesses should monitor future regulatory initiatives that may affect platform governance, content regulation, and broadcasting operations.

Author: Panisa Suwanmatajarn, Managing Partner.

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ETDA: Proposed Overhaul of Thailand’s Electronic Transactions Act – Modernizing for the Digital Economy

Thailand’s existing Electronic Transactions Act B.E. 2544 (2001, as amended) has served as the foundational legal framework for electronic transactions for over two decades. Enacted in an earlier era of digital adoption, it primarily addressed basic electronic signatures, data messages, and recognition of electronic records. However, it increasingly struggles to accommodate rapid technological advancements, including automated contracting systems, electronic transferable instruments (such as e-bills of lading), cloud-based data storage, digital identity solutions, and complex cross-border digital platforms.

Limitations in the current law—such as uncertainty around the reliability and evidentiary weight of electronic data, rigid requirements that do not flexibly support emerging technologies without additional regulations, and enforcement gaps—hinder full digital transformation. This creates friction for businesses adopting paperless processes, e-commerce, fintech, logistics, and other innovative models central to Thailand 4.0 and the broader digital economy.

Many jurisdictions have proactively updated their frameworks to address these challenges. The United Nations Commission on International Trade Law (UNCITRAL) Model Laws on Electronic Commerce, Electronic Signatures, and Electronic Transferable Records have influenced reforms worldwide. Countries like Singapore, the EU (with eIDAS and related directives), and others have introduced technology-neutral rules, enhanced trust services, liability frameworks for service providers, and specific provisions for electronic equivalents of negotiable instruments. These updates boost legal certainty, reduce compliance burdens, facilitate international trade, and stimulate innovation while maintaining consumer and business protections.

Key Changes in the Draft Act and UNCITRAL Alignment:

The Electronic Transactions Development Agency (ETDA) has proposed a comprehensive Draft Electronic Transactions Act for public hearing (comments due by June 15, 2026). The draft represents a substantial rewrite rather than a simple amendment. It shifts Thailand toward a more technology-neutral, principles-based, and trust-oriented framework, building on the original law’s foundations while incorporating newer UNCITRAL instruments.

Major Changes from the Current Law:

Broader Legal Recognition of Electronic Data and Transactions: Electronic records that are accessible, reusable, and retain integrity will satisfy requirements for “writing,” originals, retention, and evidence across civil, criminal, and procedural contexts. Electronic transactions become the default/preferred mode. This significantly expands functional equivalence beyond the 2001 Act’s more limited scope.

Electronic Signatures, Seals, Timestamps, and Notices: Reliable electronic methods (or ETDA-prescribed ones) fulfill signature, seal, timestamp, and registered mail requirements. Public announcements can shift to verified online platforms. New emphasis on electronic seals and reliable timestamps strengthens evidentiary value.

Reliable Methods, Certification, and Burden of Proof: Introduction of “reliable electronic methods” with ETDA recognition/certification. When approved systems are used, the burden and cost of disproving reliability shift to the challenger. This provides stronger legal certainty and incentivizes certified solutions.

Automated and Electronic Contracting: Explicit validation of contracts formed by automated systems (with or without human intervention), plus detailed rules on attribution, receipt acknowledgment, timing/place of dispatch, input error correction, and verification methods.

New Regime for Electronic Transferable Instruments: A dedicated framework for e-bills of lading, warehouse receipts, promissory notes, etc., including exclusive control (equivalent to possession), transfer, endorsement, amendment, integrity, and paper-electronic conversion. This is a major addition.

Regulation of Service Providers: Broader coverage of identity proofing, e-signatures, timestamping, data storage, and related services. Replaces rigid licensing with a voluntary certification (“trust mark”) scheme, risk management, cybersecurity, and complaint-handling obligations. Liability protections for compliant providers, with transitional recognition for existing licensees.

Strong UNCITRAL Alignment:

Builds on the original Act’s foundation in the Model Law on Electronic Commerce (1996) and Electronic Signatures (2001).

Incorporates the Electronic Communications Convention (ECC, 2005) — Thailand acceded in 2025 — for automated contracting and international rules.

Adopts principles from the Model Law on Electronic Transferable Records (MLETR, 2017) for e-transferable instruments.

Aligns with the Model Law on Electronic Identity and Trust Services (MLIT, 2022) through trust services, certification, and technology-neutral identity frameworks.

Supports overall technology neutrality and functional equivalence, enhancing interoperability under initiatives like the Framework Agreement on Cross-border Paperless Trade (CPTA).

Business Impacts and Preparation Steps:

The Draft Act would lower barriers to digital operations, reduce paper dependency, streamline contracting and record-keeping, and improve cross-border compatibility. Sectors like trade finance, logistics, e-commerce, fintech, cloud services, and digital identity providers stand to benefit significantly.

New compliance expectations include system reliability, risk management, cybersecurity, audits, and vendor due diligence. Businesses may need to update processes, contracts, policies, and user interfaces.

Businesses should prepare by:

Reviewing current electronic systems against emerging “reliable method” standards.

Assessing exposure as service providers or users.

Monitoring ETDA subordinate regulations, certifications, and guidance.

Updating contracts, terms, privacy notices, and record-retention policies.

Enhancing cyber security and complaint-handling mechanisms.

Current Status and Next Steps:

The Draft Act is currently in the public hearing phase (comments due by June 15, 2026). Following consultation, it will undergo refinement, Cabinet approval, parliamentary review, and publication in the Government Gazette.

Implementation is not immediate: The law would generally take effect 180 days after Gazette publication, with ETDA issuing subordinate rules, standards, and certification procedures (targeted within 180 days post-publication, though effective timelines may extend). Full industry adaptation and technical rollout could span months to years. Existing providers receive transitional support.

Key Takeaways:

The Draft Act modernizes Thailand’s electronic transactions framework through broader recognition, new instruments for digital trade, and a flexible certification model — strongly aligned with evolving UNCITRAL standards.

It addresses longstanding limitations while promoting trust, innovation, and paperless processes across private and public sectors.

Businesses should proactively assess impacts, strengthen systems, and participate in the ongoing public consultation.

Successful implementation will enhance Thailand’s digital economy competitiveness, though it requires coordinated regulatory and industry efforts over the coming years.

Author: Panisa Suwanmatajarn, Managing Partner.

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AI-Powered Assistant “Nok Krasip” Launched to Empower SME Retailers Through Digital Tools

The government has introduced “Nok Krasip” (Whispering Bird), an AI chatbot assistant integrated into the “Thung Ngern” mobile application. This forms part of the “Thai Help Thai Plus 60/40” program, designed to support small retailers and community businesses with practical digital solutions.

Program Context:

This initiative underscores efforts to strengthen the grassroots economy by equipping micro, small, and medium-sized enterprises (MSMEs) — particularly traditional shops — with accessible technology. The Thung Ngern application serves as a central platform for financial and business management, with the AI feature representing a key advancement in providing real-time insights.

Core Features of the AI Assistant:

Nok Krasip delivers user-friendly tools tailored for retailers with limited technical expertise:

•  Sales Analysis: Automatic summaries of daily sales performance, transaction trends, peak periods, and inventory suggestions.

•  Raw Material Price Monitoring: Real-time market price data for essential commodities such as meats and other inputs, drawn from official sources.

•  Cost and Profit Analysis: Simple calculations that compare input costs with selling prices to support better pricing and margin decisions.

•  Intelligent Chatbot: Instant answers to questions about the program and application functions, featuring preset options for quick navigation.

The assistant is available in Thung Ngern version 5.50.0 and higher for eligible registered users.

Legal and Regulatory Considerations:

The introduction of this AI tool carries several implications for businesses operating in the digital economy:

•  Data Privacy Compliance: Processing of sales, inventory, and transaction data requires adherence to the Personal Data Protection Act B.E. 2562 (PDPA). Platform operators should maintain clear consent mechanisms and transparent data handling practices, especially when information is shared with government entities.

•  Digital Transaction Governance: The tool supports broader goals of fair digital commerce and MSME empowerment, aligning with regulations on electronic transactions, consumer protection, and platform responsibilities.

•  Cybersecurity and Procurement Standards: Government-backed digital services typically involve cybersecurity requirements and public technology procurement rules.

•  Intellectual Property Aspects: Issues may emerge concerning ownership of AI-generated insights, underlying datasets, and developed algorithms.

Practical Guidance for Stakeholders:

•  Retailers and MSMEs: Participants should review the application’s terms of service and data policies prior to extensive use. While the AI can enhance operational efficiency, it should supplement — not substitute — professional financial advice.

•  Platform Operators and Partners: Entities involved in such ecosystems should monitor evolving rules on data governance and electronic transactions.

•  Risk Management: Businesses adopting AI tools are advised to implement robust cybersecurity protocols and include appropriate contractual safeguards regarding accuracy and liability.

Key Takeaways:

•  The AI assistant Nok Krasip provides accessible, practical tools that help small retailers analyze sales, control costs, and make informed decisions.

•  Integration into the Thung Ngern application advances digital inclusion for MSMEs participating in government support programs.

•  Stakeholders should prioritize PDPA compliance, data security, and clear policies when leveraging such government-supported AI platforms.

•  This development signals continued focus on technology-driven support for the traditional retail sector, potentially improving competitiveness and access to future financing opportunities.

This article provides general information only and does not constitute legal advice. Readers should seek qualified professional counsel for matters specific to their situation.

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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Online Platform: ETDA’s Push for New Rules on Social Commerce to Safeguard Thai Consumers

In a move to tighten oversight on digital marketplaces, Thailand’s Electronic Transactions Development Agency (ETDA) is gearing up to introduce new regulations targeting social commerce platforms. This initiative aims to close loopholes in consumer protection, ensuring that online transactions meet stringent standards amid the growing popularity of buying and selling via social media. The announcement comes as platforms like Facebook argue they fall outside traditional e-commerce definitions, prompting ETDA to expand its regulatory net.

The backdrop for these changes is rooted in Thailand’s evolving digital economy. With e-commerce booming, the existing Electronic Transactions Committee’s announcement—set to take effect on December 31, 2025—already mandates that e-commerce platforms sell or advertise products adhering to standards from the Thai Industrial Standards Institute (TISI) and the Food and Drug Administration (FDA). However, social media giants such as Facebook have claimed exemption, citing the absence of integrated payment systems and separate user accounts for transactions. ETDA has countered this, stating, “Facebook has informed ETDA that they do not fall under the category. We are therefore preparing a new announcement to cover Facebook, as it cannot be denied that Facebook is widely used as a platform for buying and selling goods known as social commerce, which requires strict product standards.”

This conciliatory approach by ETDA also considers international trade dynamics, particularly U.S. policies under President Donald Trump, which threaten trade retaliation against countries restricting American platforms. By avoiding overly restrictive measures, Thailand seeks to balance consumer safety with open trade, preventing potential barriers for U.S.-based companies operating in the region.

Beyond social commerce, the new rules will extend to space-sharing platforms like Airbnb. ETDA plans to enforce standards for user safety, identity verification, and tenant rights, addressing common issues such as leaks or power outages. Additionally, concerns over monopolistic practices in delivery services—previously requiring platforms to offer at least three shipping options—have been shifted to the Trade Competition Commission (TCC) for handling and streamlining regulatory responsibilities.

These developments underscore Thailand’s commitment to fostering a secure digital ecosystem. As social commerce continues to thrive, with platforms blending social interaction and shopping, the need for robust oversight has become evident. ETDA’s efforts aim not only to protect consumers from substandard or unsafe products but also to promote fair competition and innovation in the online space.

Key Takeaways:

Future Implications: This could set a precedent for more comprehensive digital platform governance in Thailand, boosting trust in online transactions.

Expanded Regulation: ETDA’s new announcement will include social commerce platforms like Facebook, requiring them to enforce product standards from TISI and the FDA to plug consumer protection gaps.

Consumer Focus: The rules prioritize Thai buyers’ safety by mandating quality controls on goods sold online, effective from late 2025 onward.

International Considerations: A balanced approach avoids trade conflicts with the U.S., aligning with global digital trade norms.

Broader Scope: Space-sharing services like Airbnb will face new safety and rights standards, while delivery monopolies fall under TCC jurisdiction.

Author: Panisa Suwanmatajarn, Managing Partner.

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Government Measures to Promote Film Production in Thailand: Key Incentives and Regulatory Requirements

On 2 December 2025, the Cabinet of Thailand approved the Measures to Promote Film Production in Thailand (the “Measures“), designating the Ministry of Culture as the principal authority responsible for their implementation. The Ministry of Culture is mandated to prescribe the relevant eligibility criteria, incentives, and implementation procedures in accordance with the Cabinet’s approval.

The Thai film industry is recognized as a creative industry with substantial potential in terms of both economic contribution and the promotion of Thailand’s national image on the global stage. Pursuant to the government’s strategy to enhance the competitiveness of creative industries, Thai films have been designated as a Flagship Creative Industry with the capacity to compete with foreign productions and stimulate economic activity across multiple related sectors.

Objectives of the Measures

These Measures are designed to support and strengthen Thai film production at both domestic and international levels and encompass the following objectives:

  • Promote high-quality Thai film production – To support the production of films that meet international standards, thereby enhancing the competitiveness of Thai films in the global market.
  • Enhance industry competitiveness – To strengthen the capabilities of Thai film operators through skills development, infrastructure improvement, and market access expansion.
  • Support cultural exports and soft power – To leverage film as a medium for promoting Thai culture internationally and reinforcing Thailand’s soft power presence abroad.

Benefits Under the Measures

These Measures provide financial support to eligible Thai film productions to encourage high-quality content, enhance industry competitiveness, and promote Thai culture internationally.

Main Benefit

Eligible film projects with a production budget of at least THB 15 million are entitled to financial support equivalent to 15% of qualifying production expenses per project.

Additional Benefits

Supplementary financial support can be granted if certain conditions are met, as set out below:

  • Creative Content Incentive – Film projects presenting innovative storylines or creative content addressing the issues as prescribed by the Subcommittee on the Promotion of Film Production in Thailand under the Ministry of Culture, the applicant shall be eligible to apply for an additional incentive of 5%.
  • High-Budget Production Incentive – Film projects with production costs ranging from THB 40 million to less than THB 50 million will receive an additional 2.5% incentive. Film projects with production costs of THB 50 million or more will receive an additional 5% incentive.
  • International Screening Incentive – Film projects screened in cinemas or broadcast on television in at least four foreign countries or released on a streaming platform accessible in at least four foreign countries (with at least one country located outside Southeast Asia), will receive an additional 5% incentive.

Applicant Qualifications

Applicants seeking benefits under these Measures must satisfy the following criteria:

  • Thai Ownership – The applicant must be a legal entity in which more than 50% of the shareholding is held by Thai nationals, with at least one-half of the directors or managers being Thai nationals.
  • Operational History and Compliance – The entity must have been in operation for a minimum of two years and be duly registered with the Department of Business Development and other relevant government authorities. The applicant must have filed corporate income tax and value-added tax returns and maintained audited financial statements.
  • Copyright Ownership or Rights – The entity must either (i) own the copyright in the film, which must qualify as a Thai work, or (ii) lawfully hold the relevant copyright or exploitation rights obtained from a Thai copyright owner.
  • Business Purpose – The entity must operate in the film industry or related sectors, with such business objectives expressly stated in its business registration certificate filed with the Department of Business Development or other relevant authorities.
  • Office in Thailand – The entity must maintain its principal office or an establishment in Thailand that serves as an operational business location or official contact point.
  • Production Expense Threshold – The relevant film project must incur production expenses of at least THB 15 million per project within Thailand.

Conditions of the Measure

These Measures are implemented under the Thai Government’s framework. The Committee for the Consideration of Financial Support under these Measures (the “Committee”) is responsible for reviewing all financial documents and verifying compliance with regulations prescribed by the Revenue Department.

  • Legal Compliance – Film projects must fully comply with Thai laws and must not be subject to any legal disputes.
  • Eligible Expenses – Financial support covers costs incurred during the pre-production, production, and post-production stages. Expenses related to marketing and publicity, overseas expenditures, interest, gifts, entertainment, or prizes are excluded.
  • Exclusive Incentive – Film projects that received financial support or were granted incentives under other measures implemented by the Thai government shall not be eligible to apply for or receive support under these Measures.
  • Approval Requirement – Film projects must be reviewed and approved by the Film and Video Review Committee under the Film and Video Act B.E. 2551 (2008) or otherwise comply with the criteria prescribed by the Ministry of Culture.
  • Eligible Productions – Eligible productions include Thai films, Thai television series, and Thai music videos.
  • Revocation of Benefits – Approved incentives may be revoked under the following circumstances:
    • The applicant fails to produce the film or submit the required documents within the prescribed timeframe.
    • The content of the film violates Thai law or misrepresents, undermines, or damages Thailand’s image or national institutions.

Procedures for Submission of an Application for Entitlement to Financial Support

Application Submission

Applicants who meet the above-mentioned qualifications are able to submit the documents to apply for eligibility to receive financial support up to 2 times per year during the following periods.

  • Round 1: 1 January – 31 March
  • Round 2: 1 July – 30 September

Review and Approval

The Committee shall review the applications and approve eligible applicants as recipients of financial support within 60 days from the date of submission.

Production Timeline

Applicants approved as eligible recipients of financial support must complete the film production within 2 years from the date of approval. Applicants shall initially advance and bear all production costs at their own expense and subsequently submit an application for reimbursement.

Claiming Financial Support

  • Upon completion of the film production, applicants shall submit all required supporting documents for the application for financial support to the Committee within 90 days from the date of completion, in accordance with the approved production period.
  • An auditor appointed by the Committee shall review the submitted documents within 90 days.
  • The Committee shall review all documents verified by the auditor and approve the reimbursement in accordance with the said Measures within 60 days from the date of receipt of such documents with the said Measures and disburse the reimbursement to the eligible recipient of the financial support.
  • An eligible recipient who has already been granted the principal incentive (i.e., 15% of production costs per film) under these Measures and who wishes to apply for additional incentives under these Measures shall submit the relevant supporting evidence within 3 years from the date of approval of the financial support.

Current Program Status

The Cabinet has approved the underlying principles of these Measures, and the Ministry of Culture is currently preparing the detailed implementing measures for submission to the Cabinet for final approval. However, due to the dissolution of Parliament, final approval will be deferred until the formation of a new Cabinet.

Conclusion

These Measures aim to enhance the quality and competitiveness of Thai films while supporting the development of industry professionals. These Measures are expected to stimulate investment, create employment opportunities, and promote Thai culture through films, series, and music videos to audiences both domestically and internationally. Overall, these Measures contribute to strengthening Thailand’s national image and advancing the creative economy.

Author: Panisa Suwanmatajarn, Managing Partner.

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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.

intermodal container stacked on port

Key Proposed Amendments

The key proposed amendments include:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Author: Panisa Suwanmatajarn, Managing Partner.

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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.

factory worker reading the manual

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.

Author: Panisa Suwanmatajarn, Managing Partner.

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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.

three people sitting beside table

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.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand Strengthens Global Trade Strategy to Boost Exports and Navigate Global Challenges

Thailand’s Ministry of Commerce recently convened a high-level policy briefing for directors of the Department of International Trade Promotion (DITP) offices across 58 countries. The meeting brought together the Thai Ambassador and Permanent Representative to the World Trade Organization (WTO), the Ambassador for Commercial Affairs, provincial commercial officers from various regions throughout Thailand, and more than 200 participants, including private sector representatives.

The meeting’s primary objective was to enhance inter-agency coordination and adopt a more proactive approach to implementing government trade policies. It also sought to strengthen collaboration between Thai trade officials stationed abroad and the private sector, with particular emphasis on accelerating export growth in the second half of the year. This initiative responds to ongoing global economic uncertainty and emerging challenges, including tariffs imposed by the United States. Despite these obstacles, the government remains optimistic that Thailand’s export sector will achieve growth exceeding 4% by 2025.

Strategic Market Focus

Trade envoys from around the world presented targeted strategies designed to enhance trade opportunities in five key markets:

  1. The United States
  2. India
  3. The Middle East
  4. ASEAN
  5. China
a close up shot of people in agreement

10-Point Policy Framework: “Turning Crisis into Opportunity”

  • Strengthening Export Momentum – The framework capitalizes on Thailand’s consistent export growth to maintain positive economic momentum.
  • Advancing Trade Negotiations – The government is accelerating key Free Trade Agreement negotiations and addressing trade barriers, particularly with the European Union and the United States.
  • Boosting Agricultural Trade – Officials are managing domestic agricultural challenges while opening new markets for key products.
  • Leveraging Soft Power – Thailand is promoting its culture and cuisine through the rebranded Thai SELECT initiative.
  • Seamless Integration – The strategy enhances coordination between provincial and international trade offices for unified trade promotion.
  • Engaging the Private Sector – The government is working closely with businesses to co-develop export strategies and build confidence.
  • Proactive Communication – The Ministry is increasing public awareness of its role and achievements in global trade.

Key Initiatives and Forward Strategy

  • Value-Added Agriculture: Thailand is among the few countries capable of using cassava to produce pharmaceutical capsules, an innovation that could increase the value of agricultural products by more than 100-fold.
  • Expanding Market Reach: The government is targeting new markets in the Middle East and ASEAN while relaunching the Thai SELECT brand with a one-to-three-star rating system, similar to the Michelin Guide, to elevate the global profile of Thai cuisine.
  • Enhanced Collaboration: Trade envoys and provincial commerce offices have been instructed to work closely together, strengthen ties with the private sector, and proactively communicate the Ministry’s progress and impact to the public and key stakeholders.

Conclusion

Thailand’s Ministry of Commerce is intensifying efforts to boost exports through enhanced coordination, strategic market focus, and effective utilization of soft power. Through clear policies and robust public-private collaboration, the nation aims to convert global challenges into trade opportunities and achieve an export growth rate exceeding 4% this year.

a stack cargo containers

Author: Panisa Suwanmatajarn, Managing Partner.

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