Latest Law update at February 2025 │ Legal Service of Thailand

Latest Law update at February 2025
Conditions for Applying for an LTR Visa, Smart Visa for Startup Entrepreneurs, Notification of the Board of Investment No. Por 5/2568 on Qualifications, Criteria, and Conditions for the Special, The Office of the Board of Investment has announced the types of businesses that do not qualify for rights and benefits, Smart and Sustainable Industry

New Law Update

Topic 1. Latest Law Update

No.	Issuing Authority	Subject	Announcement date	Effective date
1	Revenue Department	Notification of the Ministry of Finance re: Designation of Organizations, Public Charitable Institutions, Medical Institutions, and Educational Institutions, etc. Amendment to the List of Foundations – Item “(232) Damrong Rajanupab Foundation Under the Royal Patronage of Her Royal Highness Princess Maha Chakri Sirindhorn”	18 Dec 2024	11 Dec 2015
2	Revenue Department	Notification of the Director-General of the Revenue Department : List of Persons Conducting Research and Development of Technology and Innovation (No. 302) Addition of Persons Conducting Research	23 Jan 2025	23 Jan 2025
3	Board of Investment (BOI)	National Electric Vehicle Policy Committee Order No. 1/2568 Appointing the Sub-Committee for the Development of Infrastructure Systems to Support Electric Vehicle Charging.	17 Jan 2025	17 Jan 2025
4	Board of Investment (BOI)	National Electric Vehicle Policy Committee Order No. 2/2568 Appointing the Sub-Committee for the Implementation of Electric Vehicle Conversion (EV Conversion) Operations.	17 Jan 2025	17 Jan 2025
5	Board of Investment (BOI)	National Electric Vehicle Policy Committee Order No. 3/2568 Appointing the Sub-Committee for the Promotion of Electric Vehicle and Component Manufacturing Industry.	17 Jan 2025	17 Jan 2025
6	Board of Investment (BOI)	National Semiconductor and Advanced Electronics Industry Policy Committee order No. 1/2568 Appointing the SubCommittee for Overseeing the Development of the Semiconductor and Advanced Electronics Industry Development Strategy	17 Jan 2025	17 Jan 2025
7	Board of Investment (BOI)	National Semiconductor and Advanced Electronics Industry Policy Committee order No. 2/2568 Appointing the Sub-Committee for the Development of Human Resources for the Semiconductor and Advanced Electronics Industry	17 Jan 2025	17 Jan 2025
8	Board of Investment (BOI)	Notification of the Board of Investment No. 1/2568 Measures to Promote Investment for Community and Social Development	30 Jan 2025	30 Jan 2025
9	Board of Investment (BOI)	Notification of the Board of Investment No. Sor 1/2568 Improvement of Housing Types for Low-Income Individuals	30 Jan 2025	30 Jan 2025
10	Board of Investment (BOI)	Notification of the Board of Investment No. Por 2/2568 Types of Business Activities that Do Not Receive Rights and Benefits Under the Board of Investment Announcements No. 11/2565, 15/2565, 17/2565, 17/2567, 18/2567, 19/2567, and 1/2568.	31 Jan 2025	31 Jan 2025
11	Custom Department	Customs Department Notification (No.236/2567) re: Criteria and Procedures for Customs Duty Exemption for Goods Originating from New Zealand	27 Dec 2024	1 Jan 2025
12	The Bank of Thailand	Notification of Bank of Thailand re: Security Measures for Financial Services and Payments on Mobile Devices for Financial Institutions	31 Jan 2025	31 Jan 2025
13	National Digital Economy and Society (Ministry of Digital Economy and Society)	Notification of the National Digital Economy and Society Committee re: Definition and Scope of Thailand’s Digital Industry	3 Sep 2024	28 Jan 2025

Interesting News

1. Conditions for Applying for an LTR Visa

Board of Investment Issued New Condition for apply LTR Visa as follows:

No.	(New Condition)Notification Por.3/2568
1	Eligible Applicants
1	Wealthy Global Citizen Wealthy Pensioner Work-From-Thailand Professional High-Skilled Professional
2	Dependents
2	Spouse Parents (Add) Child aged up to 20 years A legally dependent person (Add)
3	Wealthy Global Citizen
3	Provide evidence of an investment in Thailand of at least 500,000 USD. Provide evidence of income of no less than 80,000 USD per year. (Repeal) Has assets both domestically and internationally totaling no less than 1 million USD. Does not have any disqualifying characteristics under immigration laws.
4	Wealthy Pensioner
4	50 years of age or older and has the status of a retiree. Must provide evidence of investment and/or income in one of the following cases: receiving a pension or regular income of no less than 80,000 USD per year, or earning less than 80,000 USD but more than 40,000 USD, and investing in Thailand no less than 250,000 USD. Having a health insurance policy in Thailand of no less than 50,000 USD, or social security benefits that cover medical expenses, or bank deposits in Thailand or abroad of no less than 100,000 USD. Does not have any disqualifying characteristics under immigration laws.
5	Work-From-Thailand Professional
5	Provide evidence of income in one of the following cases: personal income of no less than 80,000 USD per year, or if holding a Master’s degree, owning intellectual property, or having received Series A funding, income must be no less than 40,000 USD per year. Provide evidence of employment with an overseas employer that meets one of the following criteria: a company listed on the stock exchange, a company that has been operating for no less than 3 years and has total revenue of no less than 50 million USD, or a company that meets criteria 1 or 2 and is fully owned by the employer. Provide evidence of having at least 5 years of work experience in the relevant field.(Repeal) Having a health insurance policy in Thailand of no less than 50,000 USD, or social security benefits that cover medical expenses, or bank deposits in Thailand or abroad of no less than 100,000 USD. Does not have any disqualifying characteristics under immigration laws.
6	High-Skilled Professional
6	Must provide a work contract or service agreement with a business in Thailand or abroad, where the assignment is to work in Thailand, or provide evidence of employment with a higher education institution, research institution, specialized training institution, or government agency in the country, with the work being in a target industry. Provide evidence of income as follows: personal income of no less than 80,000 USD, or if holding a Master’s degree in a field of science and technology or having expertise in the field to be worked in Thailand, provide evidence of income of no less than 40,000 USD per year. For retired experts in science and technology, provide evidence of income of no less than 40,000 USD per year in the 2 years prior to retirement. In the case of providing evidence of employment at a higher education institution, a government research institution, or a government agency, no minimum income is required. Provide evidence of having at least 5 years of work experience in the target industry. (Repeal) Having a health insurance policy in Thailand of no less than 50,000 USD, or social security benefits that cover medical expenses, or bank deposits in Thailand or abroad of no less than 100,000 USD. Does not have any disqualifying characteristics under immigration laws.
7	Dependents
7	Provide evidence of being a spouse, parent, child under the age of 20, or a dependent of the holder LTR Visa (Previous : Provide evidence of being a spouse or child.) Having a health insurance policy in Thailand of no less than 50,000 USD, or social security benefits that cover medical expenses, or bank deposits in Thailand or abroad of no less than 100,000 USD. Does not have any disqualifying characteristics under immigration laws.

To apply for an LTR Visa, qualification certification must be obtained from relevant agencies as follows:

1) Ministry of Foreign Affairs – Checks background and security concerns for applicants from flagged nationalities or suspicious cases.
2) Immigration Bureau – Ensures the applicant is not prohibited from entering Thailand under immigration laws.
3) Department of Employment – Verifies that the applicant’s job does not fall under prohibited occupations.
4) Digital Economy Promotion Agency, National Science and Technology Development Agency (NSTDA), or related agencies
– Confirms specialized expertise.
5) Board of Investment (BOI) – Certifies work in targeted industries (for highly skilled applicants).

2. The Office of the Board of Investment has announced the types of businesses that do not qualify for rights and benefits as follows:

1) Types of businesses that do not receive rights and benefits under the Board of Investment’s announcement No. 11/2565 dated December 8, 2022, regarding measures to support the establishment of high-skilled workforce development institutions include:
- Type 10.1.2: International Business Center (IBC)
2) Types of businesses that do not receive rights and benefits according to the Board of Investment’s announcement No.15/2565 dated December 8, 2022, concerning measures to elevate the industry (Smart and Sustainable Industry) are as follows:
- 2.1 Measures for improving efficiency in machinery transformation and automation (in cases where automation or robotics is utilized) include the following sectors aimed at upgrading to Industry 4.0:
  - Type 2.2.2.2: Health Rehabilitation Centers
  - Type 3.6: General Motor Vehicle Manufacturing
  - Type 3.7: Motorcycle Manufacturing (except those with a cylinder capacity of less than 248 cc)
  - Type 3.8: Manufacturing of Electric Vehicles, including Battery Electric Vehicles (BEV), Plug-in Hybrid Electric Vehicles (PHEV), Hybrid Electric Vehicles (HEV), and platforms for Battery Electric Vehicles (BEV) (specifically for Plug-in Hybrid Electric Vehicles (PHEV) and Hybrid Electric Vehicles (HEV))
  - Type 5.2.4.2: Cement Manufacturing
  - Type 5.4.10: Metal Cutting Businesses
  - Type 8.3.3: Co-working Spaces
  - Type 10.1.1: Trade and Investment Support Office (TISO)
  - Type 10.1.2: International Business Center (IBC)
  - Type 10.1.3: International Procurement Office (IPO)
- 2.2 Measures for improving efficiency in machinery transformation and automation (in cases where automation or robotics are not utilized) include:
  - Type 3.7: Motorcycle Manufacturing (except those with a cylinder capacity of less than 248 cc)
  - Type 3.8: Manufacturing of Electric Vehicles, including Battery Electric Vehicles (BEV), Plug-in Hybrid Electric Vehicles (PHEV), Hybrid Electric Vehicles (HEV), and platforms for Battery Electric Vehicles (BEV) (specifically for Plug-in Hybrid Electric Vehicles (PHEV) and Hybrid Electric Vehicles (HEV))
  - Businesses classified in Group B that the Board of Investment has announced will receive investment promotion while applying for promotion under these measures.
- 2.3 Measures for improving efficiency through the use of digital technology include:
  - Type 1.3.2.1: Manufacturing or providing services related to modern agricultural machinery, equipment, and modern agricultural systems designed with software or platforms, and producing machinery and equipment under the project.
  - Type 1.3.2.2: Manufacturing or providing services related to modern agricultural machinery, equipment, and modern agricultural systems designed with software or platforms, but without producing machinery or equipment under the project.
  - Type 1.3.2.3: Providing services in modern agricultural systems.
  - Type 1.4.6: Digital agricultural produce trading centers.
  - Type 2.2.2.2: Health Rehabilitation Centers.
  - Type 3.6: General Motor Vehicle Manufacturing
  - Type 3.7: Motorcycle Manufacturing (excluding those with a cylinder capacity of less than 248 cc)
  - Type 3.8: Manufacturing of Electric Vehicles, including Battery Electric Vehicle (BEV), Plug-in Hybrid Electric Vehicle (PHEV), Hybrid Electric Vehicle (HEV), and platforms for Battery Electric Vehicles (BEV Platform) (specifically for Plug-in Hybrid Electric Vehicle (PHEV) and Hybrid Electric Vehicle (HEV))
  - Type 3.18.2.3: Design and development of systems or software related to satellites and ground stations
  - Type 3.21.2: Manufacturing of simulation systems and virtual training systems and components, and/or maintenance of simulation systems and virtual training systems
  - Type 5.2.4.2: Cement Manufacturing
  - Type 5.4.10: Metal Cutting Businesses
  - Type 7.2.2: Smart Industrial Estates or Zones
  - Type 8.1.1: Software development and platforms for providing digital services or digital content
  - Type 8.1.2: Software improvement for platforms providing digital services or digital content
  - Type 8.2.1: Data Center
  - Type 8.2.2: Cloud Service
  - Type 8.4.1: Development of Smart City Areas
  - Type 8.4.2: Development of Smart City Systems
  - Type 10.1.1: Trade and Investment Support Office (TISO)
  - Type 10.1.2: International Business Center (IBC)
  - Type 10.1.3: International Procurement Office (IPO)
  - Type 10.11.1: Smart Distribution Center
- 2.4 Measures to improve energy efficiency, use of renewable energy, or reduce environmental impact, excluding cases of greenhouse gas reduction include:
  - Type 2.2.2.2: Health Rehabilitation Centers
  - Type 5.2.4.2: Cement Manufacturing
  - Type 5.4.10: Metal Cutting Businesses
  - Type 8.3.3: Co-working Spaces
  - Type 10.1.1: Trade and Investment Support Office (TISO)
  - Type 10.1.2: International Business Center (IBC)
  - Type 10.1.3: International Procurement Office (IPO)
- 2.5 Measures to improve energy efficiency, use of renewable energy, or reduce environmental impact specifically for greenhouse gas reduction include:
  - Type 2.2.2.2: Health Rehabilitation Centers
  - Type 5.4.10: Metal Cutting Businesses
  - Type 8.3.3: Co-working Spaces
  - Type 10.1.1: Trade and Investment Support Office (TISO)
  - Type 10.1.2: International Business Center (IBC)
  - Type 10.1.3: International Procurement Office (IPO)
3) Businesses Not Eligible for Rights and Benefits (Announcement No. 17/2565)
Dated December 8, 2022, regarding investment promotion measures in the Eastern Economic Corridor (EEC):
- Type 1.1.4: Deep Sea Fishing
- Type 8.2.3: International High-Speed Communication Circuit Services Over Water
- Type 10.8.1: Ferry Services or Tourist Boat Services
- Type 10.10.2: Air Transport Services
- Type 10.10.3: Maritime Transport Services
- Type 10.10.4: Rail Transport Services
4) Businesses Not Eligible for Rights and Benefits (Announcements No. 17/2567 and 18/2567)
Dated December 9, 2024, regarding measures to maintain and expand existing production bases and integrated business relocation measures:
- Type 3.6: General Automotive Manufacturing
- Type 3.7: Motorcycle Manufacturing (excluding those with a cylinder capacity of less than 248 cc)
- Type 3.8: Manufacturing of Electric Vehicles, including Battery Electric Vehicles (BEV), Plug-in Hybrid Electric Vehicles (PHEV), Hybrid Electric Vehicles (HEV), and platforms for Battery Electric Vehicles (BEV Platform) (specifically for PHEV and HEV)
- Type 5.2.4.2: Cement Manufacturing
- Type 7.1.1: Electricity Generation or Energy Production from Waste (Refuse Derived Fuel)
- Type 7.1.2: Electricity Generation from Renewable Energy Sources like Solar, Wind, Biomass, Biogas, etc., excluding waste or refuse-derived fuel
- Type 7.1.3: Electricity Generation from Hydrogen
- Type 7.1.4: Electricity Generation from Other Energy Sources
- Type 7.1.5: Production of Water for Municipal, Industrial Uses, or Steam from Wastewater
- Type 7.1.6: Production of Municipal Water, Industrial Water, or Steam
- Type 7.1.7: Energy Service Company (ESCO)
- Type 7.1.8: Recycling Materials for Reuse or Recovery
- Type 7.1.9: Sorting of Used Materials for Reuse (specific to promoted industrial estates)
- Type 7.1.10: Sorting of Used Materials for Reuse
- Type 7.1.11: Production of Fuel from Waste (Refuse Derived Fuel)
- Type 7.1.12: Waste Treatment or Disposal Services
Businesses Not Eligible for Rights and Benefits (Announcement No. 19/2567)
Dated December 9, 2024, regarding measures to stimulate investment for economic recovery:
- Type 1.1.4: Deep Sea Fishing
- Type 5.2.5: Manufacturing of Construction Materials and Pre-stressed Concrete Products for Public Utilities
- Type 5.4.15: Manufacturing of Metal Structures for Construction or Industrial Purposes (Fabrication Industry)
- Type 6.4.2: Manufacturing of Plastic Products for Consumer Goods (e.g., plastic packaging)
- Type 6.6.7: Manufacturing of Products from Paper or Pulp (e.g., cardboard boxes)
- Type 7.2.4: Development of Buildings for Industrial Factories and/or Warehouses
- Type 8.2.3: International High-Speed Communication Circuit Services Over Water
- Type 10.8.1: Ferry Services or Tourist Boat Services
- Type 10.10.2: Air Transport Services
- Type 10.10.3: Maritime Transport Services
- Type 10.10.4: Rail Transport Services
6) Businesses Not Eligible for Rights and Benefits (Announcement No. 1/2568)
- Type 2.2.2.2: Health Rehabilitation Centers
- Type 5.2.4.2: Cement Manufacturing
- Type 5.4.10: Metal Cutting Businesses
- Type 8.3.3: Co-working Spaces
- Type 10.1.1: Trade and Investment Support Office (TISO)
- Type 10.1.2: International Business Center (IBC)
- Type 10.1.3: International Procurement Office (IPO)

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