Anyone who illegally wears an official uniform, symbol or insignia or uses an official title, rank, decoration is subject to a prison term of up to one year and/or a fine of up to THB2,000. Therefore, if the purpose of use changes, fresh consent must be obtained. turning centres, for removing metal, Bars and rods, of iron or non-alloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but incl. The Government of Thailand has taken a supportive and positive position in promoting and welcoming foreign investment. grape must, and vegetable juices, unfermented, not containing added spirit, whether or not containing added sugar or other sweetening matter, Waters, incl. 3) BE 2558 (2015), amending the Copyright Act BE 2537 (1994). 2522 (1979) as amended in 2015, Thailand can impose the following export controls: absolute prohibitions,. chassis with engine and cab. Manufacturing represents a significant portion of Thailand's GDP, with electronics, cars and automotive components, and agricultural commodities and food products representing some of the largest industries. Civil liability for environmental damage can be incurred under the Civil and Commercial Code and under various other laws, such as the: regulates the import, export, production, storage, transport, possession, sale and use of dangerous substances; delegates authority to various agencies, depending on the substance; and. Your message cannot be sent to receiver, please try again! products of cast iron), Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in this chapter, parts thereof, Insecticides, rodenticides, fungicides, herbicides, anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up for retail sale or as preparations or articles, e.g. Four provinces on the Southern border and the four districts in Songkhla. sunscreen or sun tan preparations (excl. Parts and accessories for motor-cycles and bicycles and for carriages for disabled persons, n.e.s. sewing thread and yarn put up for retail sale), Dextrins and other modified starches, e.g. Articles of vulcanised rubber (excl. Tax exemptions are granted under certain conditions. A state official can receive property or any other benefit on an ethical basis as follows: From a relative as a gift where the amount of the gift is proper to the station in life. Janet Mills (D) signed a bill into law Monday that will eliminate penalties for those who sell sex while leaving in place laws against the purchase of it. photovotaic generators); light emitting diodes; mounted piezo-electric crystals; parts thereof. It also strongly supports ASEAN's efforts to promote economic development, social integration, and stability throughout the region. My DashboardLog out HomeOffering Import & Export services? Dark shades are usually acceptable and more expected than bright, vibrant colors. Subject to certain exceptions, none of the Thai labour laws listed below are relevant to employment of Thai employees outside of Thailand or to employees (regardless of nationality) of Thai companies working outside of Thailand. wheel-mounted cranes and vehicle cranes for railways); mobile lifting frames, straddle carriers and works trucks fitted with a crane, Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or non-electric motor; parts thereof, Undenatured ethyl alcohol of an alcoholic strength by volume of < 80%; spirits, liqueurs and other spirituous beverages (excl. 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. Hong Kong or Taiwan in the case of China, French West Indies in the case of France, etc) as well as the treatment of re-imported (or re-exported) products, which get out (or enter) of the country for a limited time, with the intention of being re-imported (or re-exported) without significant transformation overseas. 7). dies for drawing or extruding metal, and rock drilling or earth boring tools, Petroleum gas and other gaseous hydrocarbons, Semi-finished products of iron or non-alloy steel, Flat-rolled products of iron or non-alloy steel, of a width >= 600 mm, hot-rolled or cold-rolled "cold-reduced", clad, plated or coated, Copper, refined, and copper alloys, unwrought (excl. 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. In Bangkok, business attire is more formal and conservative than in other parts of the country. Your patience is appreciated. Bars and rods of alloy steel other than stainless, Electric, incl. hectograph or stencil duplicating machines, addressing machines and other office printing machines of heading 8469 to 8472); machines for uses ancillary to printing, for the feeding, carriage or further processing of sheets or webs of paper; parts thereof, Crustaceans, fit for human consumption, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine, incl. Thailand - United States Department of State Hazardous Substances Act B.E. Although court decisions do not generate binding precedent, rulings are significantly influenced by decisions of higher courts and other past rulings or legal interpretations. The PL Act does not have retroactive application and, therefore, products sold to consumers before enactment are not subject to this specific product liability legislation. glass envelopes and containers, with vacuum insulation, perfume atomizers, flasks, bottles etc. The employment of non-Thai nationals working in Thailand is specifically regulated by the: Foreigners' Working Management Emergency Decree BE 2560 (2017). Allowing foreign nationals to carry out certain restricted businesses under the Foreign Business Act BE 2542 (1999) (FBA). Thailand has transfer pricing rules, which are generally follow the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations. NTR Thailand National Trade Repository. There are several categories under which the PR application can be submitted, such as: business or employment purposes, experts/academics, or to support family (spouse and/or children) who are Thai citizens. floor, wall and ceiling coverings of heading 3918). Contractual parties can include a "no agency" or "no partnership" provision in their agreements, but the court ultimately determines whether such a relationship exists or not. Air conditioning machines comprising a motor-driven fan and elements for changing the temperature and humidity, incl. 2535 (1992) (NEQA). The court can award compensation beyond mere severance, payment of wages in lieu of notice, and other amounts due on termination, at its own discretion. As a signatory to the General Agreement on Tariffs and Trade and a member of the WTO, Thailand complies with all relevant standards and codes when determining customs duty. Businesses (particularly those without a Thai registered company) must be aware that commercial agreements with Thai distributors/franchisees/marketers can be subject to the provisions of the Unfair Contract Terms Act BE 2540 1997. This provides an exemption from copyright infringement under section 32/4 of the amended Copyright Act, which applies to authorised entities that are founded and which operate for the benefit of disabled persons, provided such actions are not for the pursuit of profit. seats and medical, surgical, dental or veterinary furniture), Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers. The work permit application must be sponsored by an entity or sponsor that is registered as a business in Thailand. Measuring or checking instruments, appliances and Silver, incl. Since 2018, the government fees are fixed at THB5,500 for the registration of an incorporation of a limited company and MOA, regardless of the amount of capital the company wishes to register. Food Act, B.E. Section 58 prohibits business operators from carrying out a legal act or entering into a contract with a business operator in a foreign country without appropriate justification, where that action will result in a monopolistic conduct or unfair restrictions to trade, as well as cause serious harm to the economy and consumers' benefits as a whole. The Eastern Economic Corridor (EEC) Project, regulated under the Eastern Economic Corridor Act (EEC Act), is one of the initial projects driving the new policy. auxiliary washing preparations, and cleaning preparations, whether or not containing soap (excl. Issue an order instructing a government official, officer or employee of a government agency, state agency, state enterprise or local agency to give a statement or deliver relevant documents or evidence for the purpose of the inquiry. The law in another country where a parent company is located may require the parent company/officer to be liable for the action of the subsidiary. Customs duty is imposed mainly on imported good and on various selected exported goods. 2; 2008, No. Tt establishes extensive data retention requirements and obligations for service providers to co-operate with and assist law enforcement. This resource is periodically updated for necessary changes due to legal, market, or practice developments. 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. 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. 4) BE 2561 (2018), which came into effect on 11 March 2019, was enacted to bring the Thai Copyright Law in line with the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled. An employment relationship can be proven by an employer's payroll documents or other reports/filings submitted to the Social Security Office or the Revenue Department. In May 2014, the Thai military suspended the constitution and took control of the government in a coup d'tat. Procedures for the removal of infringing content from the internet. Thailand - Market Challenges | export.gov In addition, on 8 December 2015, amendments to the Thai Civil Procedure Code took effect, implementing, for the first time, class action procedures for civil claims, including those relating to product liability and safety. Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or cream and put up for retail sale, whether or not containing soap; paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, Table, kitchen or other household articles, sanitary ware, and parts thereof, of aluminium, pot scourers and scouring or polishing pads, gloves and the like, of aluminium (excl. ; preparations based on inorganic or mineral colouring matter of a kind used to dye fabrics or produce colorant preparations (excl. wadded waistcoats), Liquid crystal devices not constituting articles provided for more specifically in other heading; lasers (excl. fish fillets and other fish meat of heading 0304), Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses "incl. pregelatinised or esterified starches; glues based on starches, dextrins or other modified starches (excl. 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. 2535 (1992), as amended. 0:00 3:15. Re-Create New Sales Topic of Brand generating sets), Articles of apparel and clothing accessories, incl. Turbo-jets, turbo-propellers and other gas turbines. GlobalTrade.net - Import Export Services, International Trade Resources 2014. The codified legal system in Thailand operates in a hierarchy of laws that are divided mainly between: Foreign ownership restrictions in reserved business activities are regulated under the FBA and it is essential to first be aware of the scope of reserved business activities before forming a company formation or undertaking FDI to acquire shares in Thai companies. Any other original works of a literary, scientific or artistic nature. Incoterms 2020 - international trade regulations | Kuehne+Nagel 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. Establishing or supporting payment systems. Under section 8 the following are prohibited: Corruptly and knowingly submitting an unusually low bid to a government agency which does not correspond to the nature of the goods or service. 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). Food and Drug Administration, which oversees and approves food, medical device, drug and cosmetic advertisements. Collection, use or disclosure of personal data is generally prohibited unless consent from the data subject has been obtained or unless it falls within an exemption prescribed under the PDPA. Printing and issuing banknotes and other security documents. Bars and rods, of iron or non-alloy steel, not Paints and varnishes, incl. 2511 (1968), which prescribes safety standards for certain industrial products. Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing < 40% by weight of cocoa calculated on a totally defatted basis, n.e.s. Compression-ignition internal combustion piston engine "diesel or semi-diesel engines", Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity, incl. Last Published: 8/9/2019. export.gov Thailand - Import Requirements and Documentation Includes import documentation and other requirements for both the U.S. exporter and foreign importer. The NEQA provides a framework for protecting the environment by apportioning environmental responsibilities among various government agencies and establishing committees to deal with environmental issues. t-shirts, vests, brassieres, girdles, corsets and similar articles), Tubes, pipes and hollow profiles "e.g., open seam or welded, riveted or similarly closed", of iron or steel (excl. Hazardous Substance Act, B.E. warp knit fabrics "incl. 2562 (2019) (" WMD Act "), which came into force on 1 January 2020. (excl. Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, n.e.s. dynamos and alternators, and cut-outs of a kind used in conjunction with such engines; parts thereof, Waste and scrap, of copper (excl. Foreign employees are not required to apply for permanent residence (PR) permits. Highway Act B.E. 2562 (2019) (" WMD Act "), which came into force on 1 January 2020. 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. Marketing, distribution and franchise agreements innominate contracts and are subject to the general laws governing contracts and obligations, although there are no specific laws or regulations relating to such agreements. Choice of law provisions are generally valid under Thai law, and the parties to an employment agreement can agree to have the agreement governed by a foreign law. The NACC can delegate this obligation to another competent agency. The PL Act is designed to protect consumers who incur damage from a defective or dangerous product by imposing strict liability on business operators involved in the manufacture and/or sale of the product. preparations of heading 3207, 3208, 3209, 3210, 3213 and 3215), Engines and motors (excl. Businesses whose activities fall under this definition must notify the competent official, before the commencement of its operation, or obtain a factory licence from the competent official, according to its category as specified under the Factory Act. rheostats and potentiometers (excl. Frozen fish (excl. Intellectual property acquisition/licensing fees for commercialising technology developed in Thailand. contact lenses, prisms, mirrors and other optical elements of any material, unmounted (excl. The key regulatory authorities relevant to doing business in Thailand are set out below. Criminal penalties: a fine of up to THB1 million and/or imprisonment of up to one year. Visa and work permit privileges for expatriates. 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. centrifugal dryers (excl. If a terminated employee considers their termination unfair, they can pursue the case in the labour courts, seeking reinstatement or compensation/damages for unfair dismissal. The tax year runs from 1 January to 31 December every year. Supervising and examining financial institutions. (excl. 2510 (1967), as amended. Direct marketing is regulated by the Direct Sales and Direct Marketing Act B.E. All Rights Reserved. Pirated copyright goods e.g. 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. wheeled toys designed to be ridden by children, dolls' carriages and dolls representing only human beings); reduced-size "scale" recreational models, working or not; puzzles of all kinds. expanded sheet and strip copper and electrically insulated strip), Machine-tools, incl. The BASF Environmental Catalyst and Metal Solutions (ECMS) motorcycle engine lab in Guilin, China, has been granted accreditation for ISO 17025 in the areas of emission and durability tests to meet increasingly stringent emissions regulations. Investigating facts and summarising cases/opinions to submit to the public prosecutor to bring a criminal charge against a state official. sulphur-treated bands, wicks and candles, and fly-papers, Flat-rolled products of alloy steel other than stainless, of a width of >= 600 mm, hot-rolled or cold-rolled "cold-reduced", Moulding boxes for metal foundry; mould bases; moulding patterns; moulds for metal (other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics (excl. Withdrawing or remitting money abroad in foreign currency. 2). 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. For example, the Department of Foreign Trade (DFT) announced that certain products/goods are prohibited from being traded with select countries, including North Korea, Iran, Liberia and Sudan. pulley tackle and hoists, winches and capstans, jacks, cranes of all kinds, mobile lifting frames and straddle carriers, works trucks fitted with a crane, fork-lift trucks and other works trucks fitted with lifting or handling equipment), Jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted (excl. 2; 2008, No. 3). Since the coup, Thailand has embarked upon a gradual return to democracy. 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. Waste and scrap, of copper (excl. 2522 (1979), as amended. The maximum penalties are four years' imprisonment, a fine of THB400,000, or both. Minerals Act B.E. Generally, the merger control regime under the 2017 TCA applies to all business operators in the industrial, commercial, and service sectors, or other businesses prescribed by the TCC. Similarly, banks in Thailand are obligated to comply with monetary sanctions as announced by the Bank of Thailand. Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of heading 8469 to 8472, n.e.s. This is due to the historical reluctance to pursue matters through the Supreme Court, particularly since the review process can take a substantial amount of time and recoveries are considered to be conservative by western standards. prefabricated buildings of heading 9406), Seats, whether or not convertible into beds, and parts thereof, n.e.s. Processing the application normally takes between ten and 14 days. Appointing a subcommittee to take action directed by the PACC. 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. Environmental Catalyst and Metal Solutions motorcycle engine lab - BASF The TCC and OTCC have suggested that the merger control regulations under the TCA could apply to foreign-to-foreign mergers if either party conducts any business activities in Thailand, or has a turnover and market share from the sale of goods or services in Thailand. Thailand is currently our 19th largest goods trading partner with $48.9 billion in total (two way) goods trade during 2020. telephone sets, hearing aids and helmets with built-in headphones, whether or not incorporating a microphone); audio-frequency electric amplifiers; electric sound amplifier sets; parts thereof, Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods, preserving jars, stoppers, lids and other closures, of glass (excl. 2) B.E. RPs for spouses and children (under 20 years of age) of Thai citizens or foreigners who have already applied for and received an RP cost THB95,700. Thailand is an emerging economy, very dependent on exports, which account for more than two-thirds of the GDP. cement clinkers, whether or not coloured, Motor-cycles, incl. 5; and 2019, No. However, a design can be protected under section 4(7) of the Copyright Act 1994, as a work of applied art (. mopeds, and cycles fitted with an auxiliary motor, with or without side-cars; side-cars. These latest amendments can be summarised as follows: the copyrighted works claimed to be infringed; details of the investigation process to date, including the date and time the infringement was discovered, and any evidence of the infringement; potential damages resulting from the infringement; and. Section 45 provides necessary steps to be taken when the offence committed is also a criminal offence. Waters, incl. Those who wish to carry out e-commerce businesses in Thailand may be required to apply for commercial registration with the Department of Business Development (DBD) and direct marketing registration with the Office of Consumer Protection Board (OCPB). ASEAN Free Trade Area (AFTA) ASEAN Economic Community (AEC) ASEAN-China ASEAN-India ASEAN-Japan ASEAN-South Korea ASEAN-Australia-New Zealand ASEAN-Hong Kong dissolving grades), Powered aircraft "e.g. cast articles), Optical fibres and optical fibre bundles; optical fibre cables (excl. products of chapter 37), Flat-rolled products of iron or non-alloy steel, of a width of >= 600 mm, cold-rolled "cold-reduced", not clad, plated or coated, Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives, Tubes, pipes and hollow profiles, seamless, of iron or steel (excl. Suspicious transaction, whether it falls under either of the above or not. U.S. Relations With Thailand - United States Department of State Article 21 provides legislative and other measures that state parties should consider adoptingto make such activities a criminal offence: Promising, offering or giving, directly or indirectly, an undue advantage to any person who works for a private entity, or for another person, to act or refrain from acting in breach their duties. 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. Last Published: 8/9/2019 Thai Customs Department uses the value of imported goods, as specified by the importers and where the transaction value of the goods can be determined, to value the goods for import tax purposes. Guidelines for the Preparation of an Environmental Impact Assessment Report issued under the NEQA. Amendments to laws, statutes, regulations, ordinances or any measures that could allow corruption or misconduct to occur. Land Transportation Act B.E. Boards, panels, consoles, desks, cabinets and Cement, incl. Annual tax returns must be filed within 150 days after the end of accounting period.
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