synthetic monofilaments of < 67 decitex (excl. 4; 2017, No. Air or vacuum pumps (excl. Soliciting or accepting, directly or indirectly, an undue advantage for any person working in the private sector, or for another person, to act or refrain from acting in breach of their duties. those in the form of transdermal administration" or in forms or packings for retail sale (excl. The EEC Project is targeting the following industries in the Eastern region: In addition to the above industries, the EEC Project also focuses on the development of infrastructure, technology and transportation. (excl. Bars and rods, of iron or non-alloy steel, not Paints and varnishes, incl. The Consumer Case Procedure Act 2008 (CCP Act) is intended to make it easier for consumers to pursue product liability and general consumer claims against business operators. Article 43 targets international co-operation in the operation of the convention. disclaimer, Laws / Rules / Regulations on Trade in Services, 3.Construction and Related Engineering Services, 10.Recreational, Cultural and Sporting Services, 5. Post content about Trade Policy and Regulations in Thailand and you will be listed here to receive requests for offers. Generally, there are no nationality requirements or restrictions for directors, except in certain businesses which have a quota for foreign directors. (excl. The most significant restrictions on the collection, use and disclosure of such data under the PDPA are: The requirement for data controllers to only process data subjects' personal data if there is a lawful basis for doing so. Under the FBA, certain types of business activities are reserved for Thai nationals only. Be able to understand and speak Thai to an average standard. Employment contracts do not need to be in writing. 2562 (2019) (PDPA) was published in the. Employers and employees must each contribute to the Social Security Fund an amount equal to 5% of the employee's gross wages, up to a maximum of THB750 per month. Synthetic filament yarn, incl. Amendments to laws, statutes, regulations, ordinances or any measures that could allow corruption or misconduct to occur. universal joints; parts thereof, Ferrous waste and scrap; remelting scrap ingots of iron or steel (excl. photovoltaic cells whether or not assembled in modules or made-up into panels (excl. gloves, mittens and mitts, for all purposes, of vulcanised rubber (excl. RESTRICTEDCode trade policy regime: framework and objectives Overview The structure of trade policy formulation in Thailand has not changed substantially since its previous Trade Policy Review in 1999. Require the following people to submit an account showing the assets and liabilities of themselves, their spouses and minor children and to inspect and disclose the results of such accounts: positions in independent governmental agencies. Beginning on July 17, traders will be required to hold a certificate of import to import timber, processed wood, and wooden artefacts. From any person other than a relative where the price or value of the thing received from each person and on each occasion does not exceed THB3,000. However, Thai courts can refuse to apply a chosen foreign law if it is contrary to public order or the good morals of Thailand. ingots or other similar unwrought shapes, of remelted copper waste and scrap, ashes and residues containing copper, and waste and scrap of primary cells, primary batteries and electric accumulators), Electric sound or visual signalling apparatus, e.g. Laws / Rules / Regulations on E-Commerce, Department of Public Works and Town and Country Planning, Department of Primary Industies and Mines, Ministry of Higher Education, Science, Research and Innovation, Ministry of Natural Resources and Environment, Office of Natural Resources and Environmental Policy and Planning, Department of Thai Traditional and Alternative Medicine, National Institute for Emergency Medicine, Office of the National Culture Commission, Office of The National Broadcasting and Telecommunications Commission, Ministry of Social Development and Human Security, Department of Social Development and Welfare, Office of the Higher Education Commission, Office of the Private Education Commission, Office of Non-Formal and Informal Education, Lawyers Council Under the Royal Patronage, Federation of Accounting Professions Under The Royal Patronage of His Majesty The King. Microphones and stands therefor (excl. Labour Protection Act 1998 (as amended in 2008, No. Microphones and stands therefor (excl. 2560 (2017) and the Ministerial Regulation on Collateral Requirements for Direct Sales and Direct Marketing Business B.E. Give 60 days' advance notice to the affected employees, or pay wages in lieu of such notice. The incentives include a corporate income tax holiday, which has been classified into two groups: Withholding tax exemption for dividend distribution during the tax holiday. Royal Decree Naming Professions Prohibited to Aliens 1979. In addition, foreign businesses must be mindful of whether or not their contractual arrangements with Thai business partners constitute a permanent establishment from a tax law perspective, which could potentially and inadvertently expose their commercial operations to the Thai taxation regime. Apart from the FBA, there are other specific laws and regulations that restrict foreign ownership, with details varying depending on the regulations of each business sector. In addition, employee consent is required in situations of transfer of employment from one legal entity to another. Q&A: export controls in Thailand - Lexology In addition to the Copyright Act (No. If all incorporation documents are signed and ready, the filing and registration with the DBD can be completed within one business day. belts and corselets made entirely of rubber), Synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip; mixtures of natural rubber, balata, gutta-percha, guayule, chicle or similar types of natural rubber with synthetic rubber or factice, in primary forms or in plates, sheets or strip, Light-vessels, fire-floats, dredgers, floating cranes, and other vessels the navigability of which is subsidiary to their main function; floating docks, floating or submersible drilling or production platforms (excl. All rights reserved. Fruit juices, incl. There are no specific rules regarding digital advertising, online behavioural advertising or influencer marketing. The corporate income tax can be exempted if the non-tax resident business entity does not have a permanent establishment under an applicable tax treaty. Conduct an inquiry to determine if the offence has been committed. The Thailand 4.0 initiative has been making significant headway. Some of this legislation applies generally, such as the Consumer Protection Act 1979 (as amended in 1998, No. surgical sutures, stranded wire, cables, plaited bands and the like and other articles of heading 7413, electrically insulated wires and strings for musical instruments), Bars and rods of iron or non-alloy steel, hot-rolled, in irregularly wound coils, Milk and cream, concentrated or containing added sugar or other sweetening matter, Chemical wood pulp, soda or sulphate (excl. products of chapter 37), Vulcanized rubber thread and cord (excl. The law is silent on the extraterritorial reach of its provisions, but the 2017 TCA can be interpreted as applicable to foreign entities if they commit any offence under the law and the offence has any anti-competitive effect in Thailand. Receive an income of at least THB80,000 per month (for a foreigner with a Thai family) or THB100,000 per month (for a foreigner without a Thai family) on average for at least two consecutive years before the application. Online platforms that allow users to offer or sell their products or services by electronic means, must register with the Department of Business Development (DBD). While most advertisements are not subject to prior government approval, advertisements of certain products must be reviewed and approved by the responsible authority before their launch, particularly when advertising food, drugs, and medical devices. Customs duty is levied in accordance with the Harmonised Commodity Description and Coding System. Waste and scrap, of copper (excl. Thai companies may also fall under the jurisdiction of the US Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, and the OECD Convention Against the Bribery of Foreign Government Officials. Royalties paid to foreign corporate shareholders are subject to a withholding tax of 15%, which can be exempted or reduced to 5%, 8% or 10% under certain tax treaties. "long pile", looped pile fabrics, labels, badges and similar articles, and knitted or crocheted fabrics, impregnated, coated, covered or laminated), Instruments and apparatus for physical or chemical analysis, e.g. Non-tax resident business entities not carrying out business in Thailand must pay income tax on the gross amount of their Thai-sourced income (such as service fees, royalties, interest, and rental income) at a flat rate of 15% (or 10% for dividends), unless otherwise exempt or reduced under tax treaties. heat-shrink wrapping machinery; machinery for aerating beverages; parts thereof, Synthetic organic colouring matter, whether or not chemically defined; preparations based on synthetic organic colouring matter of a kind used to dye fabrics or produce colorant preparations; synthetic organic products of a kind used as fluorescent brightening agents or as luminophores, whether or not chemically defined (excl. Composed of lines or colours which give a special appearance to a product. goods of heading 3002, 3005 or 3006), Coal; briquettes, ovoids and similar solid fuels manufactured from coal, Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof, Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil, Mineral or chemical fertilizers containing two or three of the fertilizing elements nitrogen, phosphorus and potassium; other fertilizers (excl. 2511 (1968), as amended. Guidelines for the Preparation of an Environmental Impact Assessment Report issued under the NEQA. Violating the employer's work rules and regulations or lawful working orders, despite having received a written warning for the same offence within the immediately preceding 12 months (for serious cases, the requirement of a written warning does not apply). Electronic integrated circuits and microassemblies, Natural rubber, balata, gutta-percha, guayule, chicle and similar natural gums, in primary forms or in plates, sheets or strip, Petroleum oils and oils obtained from bituminous minerals (excl. Reaction initiators, reaction accelerators and Paper, paperboard, cellulose wadding and webs of Electro-magnets (excl. Shares can be issued for non-cash consideration. This took effect in August 2008. prefabricated buildings of heading 9406); plates, rods, profiles, tubes and the like, prepared for use in structures, of aluminium, Synthetic staple fibres, not carded, combed or otherwise processed for spinning, T-shirts, singlets and other vests, knitted or crocheted, Molluscs, fit for human consumption, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine, incl. camshafts and crankshafts, and cranks; bearing housings and plain shaft bearings for machines; gears and gearing; ball or roller screws, gear boxes and other speed changers, incl. Royal Decree Naming Professions Prohibited to Aliens 1979 (RD), (as amended in 1993, No. those twisted after rolling (excl. In general, the 2017 TCA establishes a dual merger control system, which involves: Subordinate legislation clarifies the criteria on market share and sale turnover of merging parties which can trigger the merger filing duties, either pre-merger approval or post-merger notification. pressure-reducing valves and thermostatically controlled valves; parts thereof, Centrifuges, incl. newsprint of heading 4801 and paper and paperboard of heading 4803), Precious stones and semi-precious stones, whether or not worked or graded, but not strung, mounted or set, ungraded precious stones and semi-precious stones, temporarily strung for convenience of transport (excl. Employers must withhold income tax at the applicable progressive rates and remit the amount to the Thai tax authority no later than the seventh day of the month following the month of payment. However, there have recently been movements to challenge the established norms of a paternalistic society by questioning the status quo and arguing for openness, transparency, and accountability. Interest paid to foreign corporate shareholders? The CCP Act simplifies and expedites the legal process for an injured party to seek redress. Personal ties and trust are also important to the Thai people; accordingly, direct personal questions are common and not inappropriate. presses, for working metal by forging, hammering or die-stamping; machine-tools, incl. In 2015, the AEC Blueprint 2025 was adopted, providing the AEC with a broad economic direction which resulted in more autonomous movement of goods, services, capital and labour. sewing thread and yarn put up for retail sale), Dextrins and other modified starches, e.g. Measuring or checking instruments, appliances and Silver, incl. alcoholic solutions, based on one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages, Plates, sheets, film, foil and strip, of plastics, reinforced, laminated, supported or similarly combined with other materials, or of cellular plastic, unworked or merely surface-worked or merely cut into squares or rectangles (excl. slag, scale and other waste from the production of iron or steel; radioactive waste and scrap; fragments of pigs, blocks or other primary forms of pig iron or spiegeleisen), Tanned or crust hides and skins of bovine "incl. Attend and vote at any general meetings of the shareholders. export.gov Thailand - Distribution and Sales Channels Discusses the distribution network within the country from how products enter to final destination, including reliability and condition of distribution mechanisms, major distribution centers, ports, etc Last Published: 8/9/2019 Thailand does not have any thin capitalisation rules. Thailand - Standards for Trade | export.gov Foreign Trade Regulations (FTR): New Filing Requirement and sausages and similar products, and meat extracts and juices), Printing machinery used for printing by means of the printing type, blocks, plates, cylinders and other printing components of heading 8442 and ink-jet printing machines (excl. International trade and commercial transactions in Thailand: overview Inspect the register of shareholders and the minutes of the board of directors' and Submit an application to the court to cancel any resolution of the general meeting which is contrary to the law or company's articles. Advertising Ethics Committee of the Advertising Association of Thailand which regulates TV advertisements (this has shifted the control of advertising from the government toward self-regulation by the industries). The operator can be found liable regardless of whether it was negligent in making or selling the defective or dangerous product. There are no government fees charged for submitting audited financial statements. The incorporation of a limited company must be registered with the Department of Business Development (DBD) of the Ministry of Commerce. Accounting, legal, architectural or engineering services; Exceptions to List 3 are given to companies that receive any of the following: Permission from the Director-General of the Department of Business Development at the Ministry of Commerce, with approval from the Foreign Business Committee, for obtaining a Foreign Business Licence; An investment promotion from the BOI or from the Industrial Estate Authority of Thailand for obtaining a Foreign Business Certificate from the Director-General of the Department of Business Development at the Ministry of Commerce; Protection under a treaty or obligation to which Thailand is bound, including the US Treaty of Amity and Economic Relations; ASEAN Comprehensive Investment Agreement (ACIA); Thai-Australia Free Trade Agreement (TAFTA); Japan-Thailand Economic Partnership Agreement (JTEPA); and ASEAN Framework Agreement on Services (AFAS). Although court decisions do not generate binding precedent, rulings are significantly influenced by decisions of higher courts and other past rulings or legal interpretations. Be made in writing or via electronic means, unless impossible by its nature. byDarani Vachanavuttivong, Ploynapa Julagasigorn, Michael Ramirez, Supasit Saypan, Chaiwat Keratisuthisathorn, Pimvimol (June) Vipamaneerut, Chanchai Jhongsathit, Kobkit Thienpreecha, Nutavit Sirikan, Penrurk Phetmani, Kasama Sriwatanakul, Gvavalin Mahakunkitchareon and Charuwan Charoonchitsathian. Wagner . Thailand - Customs Regulations - export.gov Other bars and rods of stainless steel; angles, shapes and sections of stainless steel, n.e.s. Engines and motors (excl. Any person receiving foreign currencies from abroad is required to repatriate the funds immediately and sell them to an authorised bank or deposit them in a foreign currency account with an authorised bank within 360 days of receipt. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. Thailand has fourteen Free Trade Agreements with eighteen countries: the Regional Comprehensive Economic Partnership, which came into force early 2022, is the latest trade pact. Frozen fish (excl. Food Act, B.E. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Hazardous Substance Act, B.E. solutions of collodion), Bars and rods of alloy steel other than stainless, hot-rolled, in irregularly wound coils "ecsc", Electric, incl. 4) (advertising requirements for hazardous substances). 2535 (1992), as amended. Any Comments About This Content? The government supervises advertising in Thailand through the: Office of the Consumer Protection Board, which monitors all forms of advertising and labels, and looks for violations of the Consumer Protection Act. Additionally, it can make assessments, without justification, of other activities with compensation, service charges, or interest in an amount considered to be lower than the market value. According to the Thai Pet Food Trade Association (TPFA), Thailand became the world's third largest pet food exporter in 2021, exporting a value of more than 65 billion baht ($1.7 billion USD), a 27% increase from 2020. requirements to install specific equipment to reduce or eliminate damage to the environment. made-up of individually sheathed fibres of heading 8544); sheets and plates of polarizing material; lenses, incl. National Parks Act B.E. Summon any person to give a statement or submit accounts, documents, or evidence for the inquiry. Obtain an import licence, if required: At present more than 20 classes of goods require import licences from the Ministry of Commerce (MOC) prior to importation. However, Thailand has already seen a steady increase in consumer and product liability claims and filings are expected to continue to increase. The legal regime of export and dual use items (" DUIs ") control and the trade control of items related to the proliferation of weapons of mass destruction (WMD) in Thailand is currently governed by the Trade Control on Weapons of Mass Destruction Related Items Act B.E. table-tennis, or outdoor games, not specified or included in this chapter or elsewhere; swimming pools and paddling pools. Prepared unrecorded media for sound recording or Vulcanized rubber thread and cord (excl. Parts and accessories for motor-cycles and bicycles and for carriages for disabled persons, n.e.s. control desks, cabinets, panels etc. Business activities stipulated under List 1 of the FBA are strictly prohibited to foreigners by special reasons, while business activities under Lists 2 and 3 can be engaged in by foreign parties provided that certain conditions stipulated under the FBA are met and that approval has been obtained from the Foreign Business Administration Division of the Ministry of Commerce. Goods exports totaled $11.3 billion; goods imports totaled $37.6 billion. nuts, bananas, dates, figs, pineapples, avocadoes, guavas, mangoes, mangosteens, papaws "papayas", citrus fruit, grapes, melons, apples, pears, quinces, apricots, cherries, peaches, plums and sloes), Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like; base metal hat-racks, hat-pegs, brackets and similar fixtures; castors with mountings of base metal; automatic door closers of base metal, Particle board and similar board "e.g. Thailand therefore continues to improve its attractiveness for FDI through many government initiatives which seek to make the country more accessible to those seeking to expand their presence in Asia while at the same time reducing the amount of red tape required for beginning or expanding business activities. 2). Licences are required for the import of raw materials, petroleum, industrial, textiles and agricultural items. Foreign employees are not required to apply for permanent residence (PR) permits. camshafts and Ferrous waste and scrap; remelting scrap ingots of Tanned or crust hides and skins of bovine "incl. Electrical lighting or signalling equipment (excl. Trunks, suit-cases, vanity-cases, executive-cases, Toys (excl. 2558 (2015), which governs the safety of cosmetics. The laws which address product liability and product safety issues are the: Substantive Unsafe Goods Liability Act 2008 (Product Liability Act) (PL Act), which came into force in February 2009. Cosmetics Act 2015 (advertising and labelling of cosmetics). Promoting monetary stability and formulating monetary policies. There are 28 instruments/documents subject to stamp duty (. Sale of goods or services by community enterprises and community enterprise networks registered under the Act on Community Enterprise Promotion B.E. Four provinces on the Southern border and the four districts in Songkhla. preparations of heading 3207, 3208, 3209, 3210, 3213 and 3215); inorganic products of a kind used as luminophores, whether or not chemically defined, Other bars and rods of alloy steel other than stainless, angles, shapes and sections of alloy steel other than stainless, n.e.s. As of May 2021, the Copyright Act was pending further amendment on the following issues: Terms of protection for photographic works; ISP safe harbors and notice-and-takedown system; Infringement of technological protection measures. fire-extinguishing bombs and grenades); spray guns and similar appliances (excl. 2535 (1992) (NEQA). Thailand, like most UN member countries, is a party to the UNCAC. Thai Department of Foreign Trade streamlines regulations to improve 2 and in 2015, No. In general, directors are not personally liable to a third party for their actions on behalf of the company, unless they are in breach of their authority as stipulated in the MOA and articles of the company or a shareholders' resolution. In principle, non-cash capital contributions (payments in kind), such as assets or services, are acceptable if approved by the statutory shareholders' meeting or by a special resolution. Title Date of Issuance Effective Date WTO Notification; ANTIDUMPING and SUBSIDIES & COUNTERVAILING MEASURES. This Q&A gives an overview of key recent developments affecting doing business in [jurisdiction] as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. Automatic data processing machines and units Natural rubber, balata, gutta-percha, guayule, Petroleum oils and oils obtained from bituminous Motor cars and other motor vehicles principally Gold, incl. Tax returns can be filed in hardcopy at an area revenue office or in softcopy through the website of the Thai Revenue Department. The following online businesses have been excluded from the term "direct marketing" by ministerial regulation: Sale of goods or services by an individual who has not been registered as a direct marketing business operator, whose income does not exceed THB1.8 million per year and is derived from selling goods or services by means of e-commerce. Sums that exceed the limitations, or are for purposes other than those permitted by the Bank of Thailand, require the Bank of Thailand's approval. Thai Customs, Ministry of Finance. Whether an agency relationship exists depends on the relationship between the parties. intervening in the business operation of others without any appropriate reason. The employment of non-Thai nationals working in Thailand is specifically regulated by the: Foreigners' Working Management Emergency Decree BE 2560 (2017). Thailand has signed 61 double tax treaties with 61 jurisdictions, covering Australia, China, Great Britain and Northern Ireland, Hong Kong, Singapore and the US. Highway Act B.E. Pursuant to the main governing legislation, the Thai Export and Import Act B.E. Significant developments affecting this resource will be described below. export.gov Thailand - Import Requirements and Documentation Includes import documentation and other requirements for both the U.S. exporter and foreign importer. 2535 (1992), as amended. Other laws govern safety issues around specific types of products, including the: Drug Act, B.E. Section 57 prohibits business operators from committing unfair trade practices including: unfairly obstructing the business operation of other business operators; unfairly utilising superior market power or superior bargaining power; unfairly setting trading conditions that restrict or prevent the business operation of others. ; hollow drill bars and rods, of alloy or non-alloy steel, Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls (excl. lifts, escalators, conveyors, teleferics (excl. Right to lease land for up to 50 years and a renewal for up to 49 years. Public Health Act B.E. on 28 Dec 2017 related to Trade Policy and Regulations in Thailand, GlobalTrade.net - Import Export Services, International Trade Resources. Any person who bribes or offers a bribe is subject to a prison term of up to five years and/or a fine of up to THB10,000. 2) BE 2558 (2015), there was the Copyright Act (No.
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