Plants Varieties, Its registration, and the Protection of Rights

IN BRIEF
Developers or breeders who invest in the plant variety development process should be legally protected. Under Thai law, protection is provided through the registration of new plant varieties (“NPV”) under the Plant Variety Protection Act, B.E. 2542 (1999) (“PVPA”). This aligns with the objectives of the PVPA, which aims to create an incentive by granting legal rights and protection to NPV.

KEY TAKEAWAYS

    1. A. Registration of NPV
      To register an NPV, an applicant must be a qualified breeder with the characteristic prescribed by law such as: 1) being of Thai nationality or being a juristic person with headquarter located in Thailand, 2) being of the nationality of a country that allows a Thai national or juristic person with headquarter located in Thailand to apply for protection within that country, 3) being of the nationality of a country which is a party to an international convention or agreement on plant variety protection to which Thailand is also a party, or 4) currently residing or having proper industrial or commercial enterprise in Thailand or in a country which is a party to an international convention or agreement on plant variety protection to which Thailand is also a party1.
      Also, the registrable NPV must have the characteristics as specified by law, such as2:
No. Criterion Details
Being NPV

It has not been exploited by sale, trade, or any other means, within or outside the Kingdom of Thailand, by the breeder or with their consent for more than 1 year before the application date for registration.
Distinctive

It is distinguishable from other recognized plant varieties (“PV”) as of the application date, including distinctions related to cultivation, consumption, pharmaceutical use, production, or processing, including the distinctions from the following PVs:

  1. (a) PV registered within or outside the Kingdom of Thailand before the application date; or
  2. (b) PV submitted for registration in the Kingdom of Thailand that are subsequently registered.

1Plants Variety Protection Act, B.E. 2542, Section 15.

2Plants Variety Protection Act, B.E. 2542, Section 12.

     Once all qualifications are met, an application must be submitted to the Department of Agriculture (“Department”), Ministry of Agriculture and Cooperatives, which will be reviewed and processed by the officer. Thereafter, it will be published by the Director-General of the Department of Agriculture. After the publication, any person who believes that, they have a superior right to the NPV application, or that the registration fails to meet legal requirements may file an objection with an official within 90 days from the publication date.

     Please note that the entire registration process, without objections, may take around
30-34 months, as planting the NPV is also part of the registration process.

    1. B. Protection of Rights of Holders of Certificate of a NPV Registration

      After approval of the NPV, the Director-General will announce the name of the NPV that has been registered. An applicant will receive a certificate of a NPV registration and shall be the right holder of such NPV. By that, right holder is eligible for the following actions;

No. Rights Details
Exclusive Rights The right holder shall have the exclusive right to produce, sell, trade, import, export, or possess its seeds
and propagating material for these purposes.
Anyone acting without the right holder’s consent shall face up to 2 years of imprisonment, a fine of up to 400,000 Baht, or both.

Permitting Rights

The right holder may authorize any person to exercise his rights or transfer the rights to other persons.
The transfer of rights must be made in writing and registered.

Right to damages

The court may order the violator of the exclusive rights to compensate the right holder in an amount the court deems appropriate, considering the nature of the damage, loss of interests, and enforcement costs.

    1. C. Duration of protection

3Manual on the Registration of new plant varieties under the Plant Varieties Protection Act B.E. 2542. (n.d.). Information Center for Contacting Government Officials. Retrieved February 20, 2025, from https://bit.ly/417KW7X

4Plants Variety Protection Act, B.E. 2542, Section 30.

5Plants Variety Protection Act, B.E. 2542, Section 29.

6Plants Variety Protection Act, B.E. 2542, Section 29 Paragraph 1.

The Certificate of a NPV registration shall be valid for the following periods7:

No. Types Duration

NPV which bears fruits after being cultivated for less than 2 years

 12 years

NPV which bears fruits after being cultivated for over 2 years

17 years

NPV which its parts can be used after being cultivated for over 2 years

27 years

CONCLUSION

In summary, developers, or breeders of a protected NPV under the PVPA will have the exclusive rights over its production, sale, trade, and distribution. In an event of act of unlawful production, sell, trade, importation, exportation, or possession, the right holder of the NPV may exercise the legal rights to the courts to stop the violator and to compensate for the damages and losses. The violator may also be subject to penalty of up to 2 years’ imprisonment, a fine of up to 400,000 Baht, or both.

At ILAWASIA CO., LTD., we have over 17 years of expertise in plant variety protection, litigation and enforcement in Thailand, Myanmar, Cambodia, and Laos. With our extensive experience, we are well-equipped to assist your business in achieving its goals while minimizing legal risks relating to this NPV protection and enforcement. We are committed to helping you succeed.

AUTHOR

  • ➢ Tanadee Pantumkomon, Partner, Corporate & Commercial Department.
  • ➢ Kornkod Suk-aram, Associate, Corporate & Commercial Department.

  • They can be reach at corporate@ilawasia.com

7Plants Variety Protection Act, B.E. 2542, Section 31.

Remark: This newsletter is not intended to provide legal advice. It is for informational purposes only and should not be considered a substitute for professional legal consultation.

 

by wris

Trademark Monitor event

On 28th February 2025, Dr. Pollawat Suppattarasaet, Partner at ILAWASIA Co., Ltd., attended the Trademark Monitor event, which was organized by the Department of Intellectual Property under the Ministry of Commerce.

This event brought together key stakeholders in the intellectual property sector, providing valuable insights into current trends and challenges in trademark protection and enforcement.

by wris

Thailand Petroleum 25th Onshore Bidding Round: 
Invitation for Petroleum Exploration and Production Rights

IN BRIEF
The Ministry of Energy has announced a new 25th bid-round of applications for petroleum exploration and production rights, focusing on onshore blocks, offering exciting opportunities for both domestic and international investors, covering 9 exploration blocks across the Northeastern and Central regions of Thailand, spanning approximately 33,000 square kilometers.

KEY TAKEAWAYS

    1. A. Bid Blocks Overview
      The petroleum exploration blocks are located in two main regions of Thailand:

      • ➢  Northeastern Region (7 Blocks) – Covering approximately 25,000 sq. km. in 14 provinces, including Nong Bua Lam Phu, Udon Thani, Khon Kaen, Sakon Nakhon, Kalasin, Maha Sarakham, Nakhon Phanom, Mukdahan, Yasothon, Amnat Charoen, Chaiyaphum, Nakhon Ratchasima, Buriram, Roi Et and Surin.
      • ➢  Central Region (2 Blocks) – Covering approximately 7,900 sq. km. in 6 provinces, including Phetchabun, Chaiyaphum, Lopburi, Ratchaburi, Kanchanaburi, Nakhon Pathom and Suphanburi.
    2. B. Qualifications for Applicants
      • ➢  Company Qualification
        • • Legally registered company with petroleum exploration and production as company objective.
        • • None history of concession abandonment in Thailand, and their directors, shareholders, and authorized signatories must not be blacklisted from previous concessions.
      • ➢ Financial & Technical Capabilities Qualification
        • • Company must demonstrate financial stability with minimum shareholder’s equity of 100 million Baht and a current ratio of at least 1.0 for two out of the past three years, along with proven technical expertise and equipment from the past 5 years.
          If a company lacks these qualifications, the company must be partner with a government-approved company that can guarantee financial and technical support.For joint applications, each participating company must meet all Company Qualification, Financial & Technical Capabilities Qualification requirements.
    3. C. Applicant’s Financial Requirements
      The application process requires two types of financial obligations:

      • ➢ Application fee: A non-refundable fee of 50,000 Baht per application, payable in cash on the submission date.
      • ➢ Bid Bond 3,000,000 Baht is required, provided as an unconditional and irrevocable bank guarantee from a commercial bank operating in Thailand. The bond must be valid for 1 year which will be returned upon application rejection or successful concession signing.
    4. D. Selection Criteria
      Applicants for petroleum exploration and production rights must meet specified qualifications and submit a petroleum exploration project proposal. Evaluation will be based on:

      • ➢ Work and Financial Commitment Obligations (80 points) Assessed from proposals during both exploration commitment periods, considering alignment with the geological rationale of the exploration block and the appropriateness of the budget.
      • ➢ Special Benefits Offered to the State (20 points) Assessed from proposals of special benefits that comply with specified conditions.
    5. The application process requires two types of financial obligations:
    6. E. Bidding Days
      Applications will be accepted from July 9, 2025 to July 16, 2025 (or until further amendments) during official working hours.
    7. F. Contractual Right & Obligations
      Petroleum concession holders get a 6-year exploration period, extendable once for 3 years (9 years total), followed by a 20-year production period, extendable once for 10 years (30 years total). All extensions require compliance and 6-month advance notice. Concessionaires must comply with all laws and regulations regarding the use of government-owned land and cannot claim any expenses or damages if unable to access exploration areas or production sites on government property.This bidding round presents a significant opportunity for petroleum industry investors to secure exploration and production rights in Thailand.

CONCLUSION
With extensive experience in regulatory compliance, cross-border energy transactions, and sector-specific legal frameworks, ILAW ASIA provides expert legal counsel to navigate the complexities of Thailand’s petroleum laws and licensing processes. Our team has a deep understanding of upstream and downstream energy operations, covering areas such as concession agreements, production-sharing contracts, environmental compliance, and negotiations with government authorities. Leveraging our strong regional presence and industry expertise, we assist clients in mitigating risks, ensuring regulatory adherence, and optimizing investment strategies for successful participation in Thailand’s energy sector.
AUTHOR

  • ➢ Tanadee Pantumkomon, Partner, Power, Energy, and Major Projects Department;
  • ➢ Wachinorot Siladet, Associate, Corporate & Commercial Department and
  • ➢ Anantamet Senpan, Paralegal, Corporate & Commercial Department.

They can be reach at corporate@ilawasia.com

Remark: This newsletter is not intended to provide legal advice. It is for informational purposes only and should not be considered a substitute for professional legal consultation.

by wris

Dr. Pollawat to Present at Patent Professional Program, organized by the Thai Department of Intellectual Property (DIP)

Dr. Pollawat Suppattarasaet, IP Partner and Patent Agent, ILAWASIA Co., Ltd, is honored to be invited as a lecturer for the Patent Professional Program (Batch 4) on the topic “Developing Skills for Becoming a Patent Agent” (การพัฒนาทักษะเพื่อเตรียมความพร้อมสู่การเป็นตัวแทนสิทธิบัตร) on February 28, 2025. This program, organized by the Thai Department of Intellectual Property (DIP), aims to equip professionals with essential knowledge and practical skills in patent law, application procedures, and intellectual property protection. Dr. Pollawat looks forward to sharing insights and expertise to support the development of future patent professionals in Thailand.

by wris

ILAWASIA and Its Regional Offices Recognized in the Latest AsiaIP Rankings 2025

ILAWASIA and our regional offices have once again been recognized for our outstanding work in Intellectual Property Law.

🏆 Thailand – Ranked in Copyright, Trademarks & Patents

🏆 Cambodia – Tier 2 in Patents & Trademarks

🏆 Laos – Tier 2 in Patents

We are grateful for the continued trust of our clients and the dedication of our incredible team! 💼💡

Source: https://www.asiaiplaw.com/law-firm

#ILAWASIA #AsiaIP #AsiaIPProfiles2025

by wris

Expand Your Business with Expert Legal Guidance

ILAW ASIA, in collaboration with Sun Lawyers LLP Hong Kong, is proud to offer Business Legal Complementary Consultation Services to support entrepreneurs and businesses looking to establish or expand in Thailand, Myanmar, Laos, Cambodia, and Hong Kong.

🔹Online Sessions.

🔹30-Minute Complimentary Consultation.

🔹Available Every 2nd & 4th Friday of the Month in 2025.

Our expert team is here to help you:

✅Navigate legal frameworks with confidence.

✅Develop a strategic and meticulous pilot plan.

✅Structure your business for long-term success.

✅Gain insights into new market opportunities.

📅Book your session now! Scan the QR code or click the link at https://forms.gle/ACNFQ3yMpGo7jwoX8

#ILAWASIA #SunLawyers #BusinessExpansion #LegalConsultation #Entrepreneurship #SoutheastAsia

by wris

ILAWASIA Recognized in AsiaIP Copyright Surveys 2025 for the Fourth Consecutive Term

ILAWASIA is proud to announce its continued recognition in the AsiaIP Copyright Surveys 2025, marking the fourth consecutive term of this prestigious acknowledgment. This achievement underscores our firm’s expertise in intellectual property law, particularly in copyright protection, enforcement, and advisory services across Southeast Asia.

Our consistent ranking reaffirms ILAWASIA’s commitment to delivering high-quality legal services in the ever-evolving landscape of copyright and intellectual property rights. We extend our gratitude to our clients and partners for their trust and support, which drives us to maintain our excellence in IP practice.

#AsiaIP #CopyrightFirm

by wris

Key Guidelines on RoPA Exemptions for Small Enterprises

IN BRIEF

The Personal Data Protection Act B.E. 2562 (2019) (“PDPA”) exempted small enterprises from the obligation to create, record, and retain a Record of Processing Activities (“RoPA”) under Sections 39 and 40. This exemption applied to both data controllers and data processors. However, while the main law has been enacted, the specific criteria for qualifying for this exemption have not yet been clearly defined in detailed regulations.

On January 8, 2025, the Personal Data Protection Committee (“PDPC”) issued guidelines clarifying the specific characteristics of the Small Enterprises eligible for the exemption. These guidelines are outlined in:

  • 1) The Notification of the PDPC on the Exemption from the Creation and Retention of a RoPA for Small Enterprises Data Processors B.E. 2567 (2024); and
  • 2) The Notification of the PDPC on the Exemption from Recording of a RoPA for the Small Enterprises Data Controllers B.E. 2567 (2024).

The notification for Small Enterprises Data Processors took effect on January 9, 2025, while the notification for Small Enterprises Data Controllers will take effect on April 8, 2025 (90 days after its publication in the Royal Thai Government Gazette), collectively referred to as the “RoPA Exemption for Small Enterprises”.

KEY PROVISIONS

Key Provisions under the RoPA Exemption for Small Enterprises:

A.Characteristics of Small Enterprises

  • The RoPA Exemption for Small Enterprises defines eligible entities as:
    • 1) Small and Medium Enterprises (SMEs) under the law on SME Promotion.
    • 2) Community Enterprises or Community Enterprise Networks under the law on Community Enterprise Promotion.
    • 3) Social Enterprise or Group of Social Enterprise under the law on Social Enterprise Promotion.
    • 4) Cooperatives, Cooperative Unions, or Farmer Groups under the law on
    • 5) Foundations, Associations, Religious Organizations, or Non-profit Private Organizations.
    • 6) Juristic Condominium Entities or Housing Estate Juristic Entities under the laws governing condominiums and housing estates.
    • 7) Household Businesses.
    • 8) Sole businesses operated by individual data controllers.

For example, the definition of SMEs is as follows:

  • • Manufacturing businesses with no more than 200 employees or annual revenue not exceeding THB 500 million.
  • • Service, wholesale, or retail businesses with no more than 100 employees or annual revenue not exceeding THB 300 million.

If an enterprise’s employee count does not exceed the criteria but its revenue does, revenue will be the primary consideration.

However, small enterprises will not qualify for the exemption if they are required by law to appoint a Data Protection Officer (DPO) as per section 41 of PDPA. This requirement applies to:

    • 1) Government Agencies.
    • 2) Businesses Engaged in Core Activities of Personal Data Processing.
    • 3) Organizations Handling Sensitive Personal Data (SPI).

Examples include hospitals, banks, credit service providers, schools, law firms, and audit firms. (These examples of business types are for illustrative purposes only.)

B. Exemptions Not Applicable in Certain Cases

Even if an entity qualifies as a small enterprise, certain circumstances may still necessitate the creation, recording, and retention of a RoPA if collection, use, or disclosure of personal data involves:

  • • Personal data with high risks to the rights and freedoms of data subjects; or
  • • Personal data as a regular business activity; or
  • • Processing sensitive personal data as defined by section 26 of PDPA (such as health data, religious beliefs, biometric data)

CONCLUSION

Understanding the exemptions from the Record of Processing Activities (RoPA) obligations is crucial for small enterprises to ensure compliance with Thailand’s Personal Data Protection Act (PDPA) while effectively managing their legal responsibilities. Although exemptions may apply in certain cases, businesses must carefully evaluate their data processing activities to avoid unintended non-compliance.

It is important to note that exemptions do not apply universally. Organizations processing high-risk personal data or engaging in regular personal data processing activities may still be required to comply with RoPA obligations. While these guidelines provide relief for many small enterprises, a thorough assessment is necessary to determine whether the exemption criteria are genuinely met.

At ILAWASIA, we offer expert legal counsel on PDPA compliance, helping businesses navigate their regulatory obligations with confidence. If you require guidance on RoPA exemptions or any other PDPA-related matters, please feel free to contact us for further consultation.

AUTHOR

  • • Somphob Rodboon, Managing Partner;
  • • Nannapas Phatcharakeatkanok, Senior Associate;
  • • Wachinorot Siladet, Associate.

Remark: This newsletter is not intended to provide legal advice. It is for informational purposes only and should not be considered a substitute for professional legal consultation.

by wris

Tourism Business in Laos: A Guide for Investors and Entrepreneurs

IN BRIEF

In mid-2024, the Lao National Assembly introduced the Law on Tourism (Amended) No. 63/NA, dated July 1, 2024. This law establishes principles, regulations, and oversight measures to ensure the quality and sustainability of tourism activities across the country. Its goal is to promote Laos as a modern and competitive travel destination while preserving its rich natural, cultural, and historical heritage. The law also aims to foster international tourism links, strengthen regional cooperation, and contribute to economic growth in a sustainable and environmentally friendly manner.1

Under this law, tourism services are categorized into three distinct types2:

  1. 1. Land-based tourism: Activities such as trekking, rock climbing, zip-lining, and cave exploration.
  2. 2. Water-based tourism: Boating, kayaking, lifebuoy floating, diving, and rafting.
  3. 3. Aerial tourism: Experiences like hot air balloon rides, paramotor flights, and skydiving.

KEY TAKEAWAYS

  1. A. Business Requirements and Qualifications
    To legally operate a tourism business in Laos, individuals or companies must fulfill the following criteria3

      1. 1. Be a registered business entity under Lao PDR laws.
      2. 2. Maintain an office with adequate facilities and equipment.
      3. 3. Employ full-time or part-time tourism staff licensed by the Department of Tourism Business Management (Ministry of Information, Culture, and Tourism).
      4. 4. Develop a detailed tourism program with transparent pricing.
      5. 5. Open a deposit account at a commercial bank.
      6. 6. Meet the minimum capital investment required for each type of tourism business4:
        1. • Outbound Tour Operator: 1,500,000,000 LAK
        2. • Travel Agency: 1,000,000,000 LAK
        3. • Inbound Tour Operator: 500,000,000 LAK
        4. • Specific Area Tour Operator: 100,000,000 LAK
    2. Foreign investors interested in the tourism sector must contribute at least 30% of the registered capital upfront. If this capital is not deposited following the issuance of the Enterprise Registration Certificate by the Ministry of Industry and Commerce, authorities may deny the license to operate the tourism business in Laos5.

1Article 1 of Law on Tourism (Amended) No. 63/NA, dated July 1, 2024
2Article 61 (New) of Law on Tourism (Amended) No. 63/NA, dated July 1, 2024; Each type of tour guide service is defined in separate regulations
3Article 28 of Ministerial Decision on Tourism Business No. 607/MOICT, date 30/09/2022
4Article 36 of Ministerial Decision on Tourism Business No. 607/MOICT, date 30/09/2022
5Article 35 of Ministerial Decision on Tourism Business No. 607/MOICT, date 30/09/2022

  1. B. Processing Time and Fees
  • • Processing Time: 9 working days6
  • • Service & Certificate Fees: 2,050,000 LAK7
  1. C. Business License Validity & Renewal
    A tourism business license in Laos is a lifetime authorization. However, businesses must renew their certification every two years to continue operations. This ensures compliance with evolving regulations and quality standards in the tourism industry8.

FINAL THOUGHTS

With its breathtaking landscapes, rich cultural heritage, and growing tourism industry, Laos presents an exciting opportunity for investors and entrepreneurs. By adhering to the legal framework and meeting operational requirements, businesses can contribute to a thriving tourism sector while reaping significant financial rewards. Whether you’re looking to launch an adventure tour company, a luxury travel agency, or a niche cultural tourism business, Laos offers a promising and dynamic market to explore.

For businesses eager to dive into this thriving tourism business, ILAW LAOS offers expert legal counsel to navigate the complex regulatory landscape. ILAW LAOS is a one-stop service for legal consultation, providing a comprehensive range of services tailored for the tourism businesses. Our expertise includes:

  • • Company Setup
  • • Tourism License Application
  • • Direct-Sale Business Licenses
  • • Contract Negotiation e.g. insurance, service agreement, employment agreement

We ensure your business stays compliant and competitive, helping you seize opportunities without legal hurdles. Partner with us, and let’s grow your business in Laos’s evolving tourism businesses.

AUTHOR

  • • Tanadee Pantumkomon, Partner; and
  • • Viphavanh Syharath, Associate
    • They can be reach at ilawlaos@ilawasia.com

6Article 27 of Ministerial Decision on Tourism Business No. 607/MOICT, date 30/09/2022
7Official Website: Business Operating Licenses | License to operate Tour Operator
8Article 32 of Ministerial Decision on Tourism Business No. 607/MOICT, date 30/09/2022

by wris

Unlocking Opportunities in Senior and Dependent Care Businesses

According to Thailand’s National Statistical Office, the country officially entered the status of an “aged society” in 2024. This aligns with a global trend highlighted in a United Nations report, which underscores the increasing size and proportion of older individuals in populations worldwide.

As a prominent health and wellness hub, Thailand has experienced growing demand for health-focused services. To address this societal shift and tap into emerging opportunities, the government has introduced attractive incentives aimed at supporting the evolving needs of its aging population. These measures are designed to unlock potential in adapting to demographic changes while attracting investors to high-growth sectors such as senior and dependent care businesses.
The key details of these initiatives are outlined below:

1.Licenses

Senior and dependent care businesses, including day care centers, residential homes, and nursing homes, fall under the legal definition of the “Business of Caring for the Elderly or Dependent Persons” (collectively referred to as the “Business”). Operating such businesses requires a license, as stipulated by the Health Business Establishments Act B.E. 2559 (2016) and its amendments.

These businesses are further regulated under the Ministerial Regulation on the Specification of the Business of Caring for the Elderly or Dependent Persons as a Health Business Establishment B.E. 2563 (2020) (the “Ministerial Regulation”).

The Ministerial Regulation classifies this Business into three distinct categories, as The key details of these initiatives are outlined below:

No Categories Criterion
1. Day Care : The business that provides day care services for the elderly or dependents, with activities to care for, promote and rehabilitate 
the health of the elderly or dependents without overnight stays.
2. Residential Home : The business that provides services for the elderly, including activities to promote and rehabilitate the elderly by providing a place to stay.
3. Nursing Home : The business that provides care and support of the elderly or dependents, including activities to care for, promote and rehabilitate the health of the elderly or dependent persons, with overnight stays.

For each category, business owners must adhere to specific requirements, such as implementing enhanced safety measures for businesses offering overnight accommodations or residential services. Licensing costs also vary depending on the type of service provided and the size of the service area, which is calculated based on square meters.

To obtain the required license, applicants must submit an application form to the Health Service Support Center under the Department of Health Service Support, Ministry of Public Health.

2.Additional Requirements for Foreign Companies

Under Thailand’s Foreign Business Act B.E. 2542 (1999) (the “FBA”), a company incorporated under a foreign law or a company incorporated under Thai law with foreign shareholders holding 50% or more of the shares is classified as a foreign company.

The business of health care is categorized as a business under List 3 of the FBA, in which a foreign company must obtain authorization from the Foreign Business Administration Division, under the Department of Business Development (DBD), Ministry of Commerce (MOC).

3.Business Incentives

  1. 1. Specific criteria on the Senior and Dependent Business
    • The incentives by the Board of Investment (the “BOI”) are outlined in the Announcement of the BOI No.9/2565, setting the criteria for entities operate the senior or dependent care business, as detailed below:
No. Criteria Details
1. Nationality Must have Thai national shareholders holding 51 percent or more of its registered capital.
2. Compliance Must be a business focused on caring for the elderly or dependent persons.
3. Capacity Must have 31 or more beds for overnight stays of admitted patient.
4. Actaivity Must provide care and support for senior/dependent persons by allowing overnight stays and offering rehabilitation activities*
5. License Must obtain license to operate a health business establishment 
before exercising the incentive, and before the full operation deadline.
6. Minimum Investment Must have minimum capital of investment not less than 1 million Baht (excluding costs of land and working capital)
  1. 2. Benefits
    • The entities being granted BOI incentives under the criteria are entitled to enjoy the benefits granted as follows:
No. Criteria Details
1. Corporate Income Tax An exemption on the Corporate Income Tax for 3 years.
2. Import Duties An exemption on the import of 1) machinery, 2) raw materials used in R&D, and 3) raw materials used in production for export.
3. Non-tax Incentives Such as permits for owning land, permits to bring skilled persons and experts to work, visa and work permit benefits, etc.

In conclusion, as one of the world’s aging societies and a renowned global health and wellness destination, Thailand has experienced a growing demand for health-focused and well-being services. To support this trend, the government, through the Board of Investment (BOI), offers attractive incentives, including corporate income tax exemptions, reductions in import duties, and various non-tax benefits, specifically targeting high-potential sectors such as senior and dependent care businesses.

While foreign companies face additional operational requirements and are currently ineligible for BOI incentives due to structural restrictions, they still have opportunities to enter this promising sector. Operators must also comply with a range of licensing and legal obligations, including obtaining health business licenses and adhering to stringent safety and waste management regulations.

Despite these challenges, the senior and dependent care business sector presents significant investment potential in Thailand, underpinned by the country’s demographic trends and strong health and wellness reputation.

For businesses in the senior and dependent care sector, ILAWASIA provides expert legal advice and comprehensive regulatory support to ensure compliance and help clients capitalize on emerging opportunities in this dynamic industry. Let us be your trusted partner in navigating the evolving legal landscape and driving the success of your business.

Author:

Tanadee Pantumkomon, Partner;

Thanaphorn Kaewsukko, Associate; &

Kornkod Suk-aram, Associate.

by wris