Thailand Law Library

by Thailand Lawyer

Chapter 2: Applying for and Granting of Promotion

The investment project to which the Board may grant promotion shall be one which incorporates appropriate measures for the prevention and control of harmful effects to the quality of the environment in the interest of the common good of the general living of the public and for the perpetuation of mankind and nature.

In the case where the Board deems it appropriate to grant promotion to any applicant, the Board may stipulate conditions in the promotion certificate for the compliance by the promoted person in one or more areas as follows:

1. amount and source of capital;
2. nationality and number of shareholders;
3. size of activity including the types of products, commodities or services and the production or assembly processes, and capacity thereof;
4. amount of local raw materials to be used;
5. nationality and number of workers, technicians and experts;
6. training and employment of manpower;
7. prevention and control of damaging elements to the quality of the environment;
8. period of time to commence the implementation of the promoted project;
9. period of time to place orders for the purchase of machinery;
10. period of time to import machinery into the Kingdom;
11. period of time re-export the imported machinery after the termination of their use;
12. extension of time limits under (8), (9), or (11);
13. date of commencement of operation;
14. report on implementation of the project and operation;
15. report on the performance of the training provided by the foreign technicians and experts to the Thai personnel;
16. requirements that the products or commodities produced, assembled or exported conform to the standards prescribed either by the Board or other government agencies;
17. distribution of products or commodities produced or assembled, or services rendered;
18. export of products or commodities produced or assembled;
19. requirements that the cash, bank guarantee, the Thai government securities or other securities deemed appropriate by the Board, be deposited with the Office for the purpose of guaranteeing the compliance with the conditions stipulated by the Board;
20. other matters relating to the provision of facilities to the competent official, granting, exercising or controlling of the rights and benefits under this Act.

When the Board has resolved to grant promotion to an applicant, the Office shall notify him in writing of the resolution of the Board together with the conditions stipulated by the Board within fifteen days from the date of the resolution.

If the applicant accepts the promotion under paragraph one, he shall confirm in writing to the Office within one month from the date of receiving the notice.

In the case where there are suitable grounds, the Secretary General shall have the power to extend the period of time under paragraph two for not more than three times and not longer than one month for each time.

The applicant who has confirmed the acceptance of promotion under section 21 shall report to the Office the commencement of the project under promotion in accordance with the form and procedure prescribed by the Secretary General within six months from the date of confirming the acceptance of promotion.

In the case where there are suitable grounds, the Secretary General shall have the power to extend the period of time referred to in paragraph one not more than three times and not more than four months each time, and shall report to the Board every time the extension is granted by him.

When the Secretary General is of the opinion that the applicant can proceed with the implementation of the promoted project, he shall issue a promotion certificate to the applicant without delay.

The promotion certificate shall be in the form prescribed by the Board.

The Secretary General shall sign the promotion certificate. Any amendment to the promotion certificate shall be made by a resolution of the Board. The Secretary General shall sign the amended promotion certificate which shall be delivered to the promoted person without delay.