Section Code: FBA List 3

Foreign Business Act,
B.E. 2542 (1999)

LISTS ANNEXED TO THE FOREIGN BUSINESS ACT, B.E. 2542 (1999)

List Three: Businesses in respect of which Thai nationals are not ready to compete with foreigners

  1. Rice milling and production of flour from rice and economic plants
  2. Fishery only in respect of the hatching and raising of aquatic animals
  3. Forestry from a grown forest
  4. Production of plywood, veneer wood, chipboards or hardboards
  5. Production of lime
  6. Provision of accounting services
  7. Provision of legal services
  8. Provision of architectural services
  9. Provision of engineering services
  10. Construction, with the exception of:
    1. Construction of structures for delivery of infrastructure public services in the sphere of public utilities or transportation requiring the use of special apparatuses, machines, technology or expertise, with the minimum capital of five hundred million Baht or upwards from foreigners;
    2. Construction of other types as prescribed in the Ministerial Regulation
  11. Brokerage or agency businesses, with the exception of:
    1. being a broker or an agent in the sale or purchase of securities or in services related to futures trading of agricultural commodities or financing instruments or securities;
    2. being a broker or an agent in the sale, purchase or procurement of goods or services necessary for the production or the provision of services amongst affiliated enterprises;
    3. being a broker or an agent in the sale or purchase, procurement, distribution or acquisition of domestic and foreign markets for the distribution of domestically manufactured or imported goods, which is in character the operation of international trade, with the minimum capital of one hundred million Baht or upwards from foreigners
    4. being a broker or an agent of other types as prescribed in the Ministerial Regulation
  12. Sale by auction, with the exception of:
    1. a sale by auction which, in character, involves international bidding of items other than antiques, objects of antiquity or artistic objects that are artistic works or handicrafts or objects of antiquity of Thailand or of historical value of the country;
    2. sales by auction of other types as prescribed in the Ministerial Regulation 20
  13. Internal trade related to traditional agricultural products or produce not yet prohibited by law, except agricultural futures trading in the Agricultural Futures Exchange of Thailand without delivery or taking delivery of agricultural commodities within the country
  14. Retail sale of goods of all types with the total minimum capital in the amount lower than one hundred million Baht or with the minimum capital of each store in the amount lower than twenty million Baht
  15. Wholesale of all types with the minimum capital of each store in the amount lower than one hundred million Baht
  16. Advertising business
  17. Hotel business, with the exception of the hotel management service
  18. Guided touring
  19. Sale of food and beverages
  20. Cultivation, propagation or development of plant varieties
  21. Other service businesses, with the exception of service businesses as prescribed in the Ministerial Regulation

Note: The reason for the promulgation of this Act is as follows. Whereas the Notification of the National Executive Council No. 281, dated 24th November B.E. 2515 (1972) which is currently in force has been in force for a considerable period of time and contains certain principles inconsistent with circumstances in economy, investment and international trade of the present time, it is expedient to revise the said law with a view to promoting competition in business operation both at domestic and international levels, which will be of value to Thailand as a whole, and thereby putting in place the implementation of obligations under international treaties as well. It is therefore necessary to enact this Act.