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泰国法律与监管动态|第18期

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Thailand Brief

No. 18 – May 14, 2025




Legal & Regulatory Updates



泰国证券交易委员会放宽私募基金投资规定,允许更广泛使用本票


泰国证券交易委员会SEC修订规则,通过扩大专业投资者定义便利私募基金本票发行流程。规则202551日起生效,私募基金可直接被认定为专业投资者,无需通过穿透核查确认其底层参与者是否符合高净值个人或机构资质。

此项改革畅通了资本市场准入渠道,发行人可更便捷地向境内外私募基金发行本票和汇票——这两种工具在商业借贷和资金募集领域应用广泛。SEC认定基金管理人已具备充分的受托责任和投资专业能力,无需对最终受益人进行额外审查。

根据修订后的规定,若每张本票面值不低于1000万泰铢(约合29万美元)且到期期限在270天以内,发行人可向私募基金以非公开发行形式发售本票。此类发行将视为自动获批,豁免向泰国证交会提交完整招股说明书。面向境外专业投资者发行的本票无需履行信息披露义务,针对泰国本土专业投资者仅需进行最低限度信息披露。

尽管监管放宽降低了程序性负担并与机构贷款市场惯例接轨,但发行人仍须遵守佛历2535年证券交易法公元1992)》,包括对公开募资的限制条款,以及集团内关联交易、债务清偿和流动性管理等约束条件。泰国证交会特别警示,发行人须保持警惕避免豁免条款滥用,确保完全符合法律规定 [Tilleke & Gibbins]




Thailand seeks leniency on Australia’s new vehicle emission standards


Thailand has urged Australia to implement its new vehicle emissions standards gradually to avoid disrupting Thai automotive exports, particularly pickup trucks, which remain a top export to the Australian market. Thai Commerce Minister Pichai Naripthaphan raised the issue during a meeting with the Australian Ambassador to Thailand as Canberra's New Vehicle Efficiency Standard (NVES) officially came into effect on January 1, 2025, with compliance enforcement scheduled for July 1, 2025.

Thailand, the leading supplier of pickup trucks to Australia with an export value of USD 4.66 billion in 2024, fears that sudden enforcement of stricter emission rules could harm bilateral trade. The Thai government is requesting that these standards be phased in over time to allow manufacturers in Thailand to adapt.

Both sides agreed to strengthen economic ties through multiple free trade agreements, including the Thailand-Australia Free Trade Agreement, the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA), and the Regional Comprehensive Economic Partnership (RCEP).

Despite global economic headwinds, Thailand posted a trade surplus of USD 6.82 billion with Australia in 2024. Key Thai exports included vehicles, auto parts, air conditioners, and computer equipment, while imports from Australia focused on natural gas, crude oil, and precious metals. The two countries also aim to boost investment in data center infrastructure, leveraging Thailand’s energy security. [Bangkok Post]




Number of cybersecurity-certified professionals rises amid state-led training push


Thailand now has 431 holders of the Certified Information Systems Security Professional (CISSP) qualification, up from 385 in 2024, according to the National Cyber Security Agency (NCSA)—the government body responsible for securing national digital infrastructure and formulating cybersecurity policy. The increase reflects the country’s expanding training programs and state-backed efforts to build professional capacity.

 

The CISSP is an internationally recognized certification assessing individuals’ capabilities in designing and managing cybersecurity systems. The rise in Thai certificate holders coincides with the NCSA’s Intensive Cybersecurity Capacity Building Program, which recently concluded its second phase. Over 13,000 participants took part—double the original target.

Funded by the Digital Development Fund, the program offered training at multiple levels, including specialist courses in penetration testing, cyberthreat analysis, digital forensics, and cyber risk governance. It targeted professionals in critical information infrastructure, regulators, and agencies, while remaining open to the general public.

 

NCSA Secretary-General AVM Amorn Chomchoey emphasized that developing cybersecurity professionals remains a priority given the increasing sophistication of cyberthreats across all sectors. [Bangkok Post]




升级版DBD平台定于七月推出企业注册线上化


泰国商业发展部DBD将于7月全面推出升级版在线商业注册平台DBD Biz Regist以简化公司注册流程。

1月16日试运行以来,曼谷超半数新企业已使用该平台,申请人可在任意地点完成线上注册,甚至可以在公休日注册。此外,用户还可自选特定注册日期,包括开业吉日等具有文化寓意的开业优选日期。

DBD推出身份验证选项,可通过DBD电子服务APPTHAID APPDBD办公室现场核验以确保数据安全。用户注册后获得安全电子签名,无须在未来交易中分享身份信息。 [Bangkok Post]




Domestic Politics & Governance




Economy, Trade, and Investment




Government to issue THB 5 billion in digital investment tokens to expand retail bond access


Thailand’s Ministry of Finance will issue THB 5 billion (USD 137.5 million) worth of digital investment tokens within two months as part of a pilot initiative to broaden public access to government bond investments. Known as “G-Tokens,” the instruments will allow retail investors to invest with as little as THB 100 (USD 2.75).

 

Digital investment tokens are blockchain-based financial instruments that represent ownership or rights to an underlying asset, such as government bonds, and are tradable on licensed digital asset exchanges. Unlike cryptocurrencies, they are issued under specific investment schemes and are subject to regulatory approval.

 

Although G-Tokens are not classified as debt instruments, they are part of the government’s current budget borrowing plan and are expected to offer higher returns than bank deposits, which currently yield around 1.25–1.5 percent annually. The tokens comply with Bank of Thailand regulations and aim to promote retail participation in the digital financial ecosystem. This offering will serve as a market test for future applications of tokenized public finance tools. [Bangkok Post]




财政部筹备税制改革应对财政缺口


泰国财政部正推进全面税制改革议程,旨在解决长期预算赤字问题,力求将政府财政收入占GDP比重从当前的15.5%提升至18%泰国已逾二十年未能实现财政收支平衡,财政部认为税收结构调整对增强财政稳定性至关重要。

改革重点审查领域包括现行小企业统一税率制度——该制度允许年收入低于180万泰铢(52,200美元)的企业按总收入2.5%缴纳固定税率,且无需注册增值税。尽管该制度降低了合规成本,但参与企业无法申请进项增值税抵扣。当局担忧部分大型企业可能通过将公司分拆成小企业的方式使公司规模低于阈值,利用该模式规避完整增值税义务。

泰国批发零售贸易协会对此提出强烈反对,警告降低增值税注册门槛将给小型及家庭经营店铺带来不成正比的负担。在增值税含税定价模式下,此类零售商将面临更复杂的财务核算、可能抵触加入正规税收体系的风险,同时需在消费疲软和大型零售连锁竞争加剧的环境中艰难求生。

该协会主张,政府应着力堵塞农业用地税滥用等税收漏洞并加强对大型企业的征税力度,而非针对微型企业。此外还呼吁提升公共预算使用效率并削减非必要开支。

同时,财政部方面,已实施每升燃油税上调1泰铢(0.029美元)政策,预计五个月内可增加150亿泰铢(4.35亿美元)收入。2025财年上半年(202410月至20253月),受内需强劲推动,财政净收入达1.195万亿泰铢(325亿美元),超预期目标2.3%。但消费税和关税收入不及预期,受电动汽车激励政策影响,汽车税收出现下滑。 [Bangkok Post 1] [Bangkok Post 2]




Cabinet to consider bill for new national credit guarantee agency


The Thai cabinet is set to deliberate a draft bill establishing the National Credit Guarantee Agency (NaCGA), intended to reform and broaden credit guarantee mechanisms to improve access to formal financing for small and medium-sized enterprises (SMEs). Currently, 40 percent of Thailand’s 3.2 million SMEs face difficulties securing formal credit.

 

The Ministry of Finance will provide initial funding of THB 10 billion (USD 275 million). A key provision of the bill requires financial institutions to contribute annually to the NaCGA fund at a rate of up to 0.3 percent of their domestic business loan portfolios, with the exact rate to be set by regulation.

 

NaCGA is designed to replace the Thai Credit Guarantee Corporation (TCG) and will shift from a portfolio-based to a risk-based model. Unlike TCG, the new agency will independently assess the creditworthiness of individual borrowers and determine guarantee fees based on each borrower’s risk profile. Entrepreneurs can use NaCGA-issued guarantees to obtain loans from approved financial institutions. In some cases, collateral may be registered under NaCGA’s name.

 

The reform aims to ease the credit assessment burden on lenders, extend guarantees to non-bank lenders and securitized products, and act as a financial stabilizer during periods of economic stress. While the Ministry of Finance backs the plan, concerns remain about increased compliance costs for banks and the importance of safeguarding NaCGA’s independence from political influence. The proposed model draws inspiration from South Korea’s Korea Credit Guarantee Fund (KODIT). [Bangkok Post]




Thailand and Bangladesh to begin formal FTA negotiations by end of 2025


Thailand and Bangladesh are set to formally launch negotiations for a bilateral free trade agreement (FTA) by the end of 2025. The move was announced following a meeting between Thai Commerce Minister Pichai Naripthaphan and Bangladesh’s ambassador to Bangkok, during which both sides signed a letter of intent to begin talks.

 

Thailand proposed that Bangladesh host a meeting of the Joint Trade Committee later this year, which will mark the official start of the negotiation process. Trade officials from both countries have been assigned to consult online in preparation for the talks.

 

Commerce Minister Pichai also voiced Thailand’s support for Bangladesh’s upcoming 2025–2026 chairmanship of the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), particularly Bangladesh’s efforts to advance the regional FTA in line with the Bangkok Declaration signed in April 2025.

 

Bangladesh, with a population of 170 million and a growth rate of 6 percent, is seen as a promising export destination for Thailand—especially in the halal food sector due to Bangladesh’s large Muslim population and high reliance on imports. Bilateral trade reached USD 1.13 billion in 2024, with Thai exports accounting for USD 1.04 billion, making Bangladesh Thailand’s second-largest trading partner in South Asia. [The Nation]




Chinese tech giant Tencent Cloud to introduce palm scan payment and super-app services


Tencent Cloud, the cloud computing arm of Chinese tech conglomerate Tencent, is set to launch its contactless palm scan payment system and “super-app-as-a-service” solutions in Thailand, aiming to tap into the country’s accelerating digital transformation. The initiative aligns with the Thai government’s "Cloud First" policy and rising demand from local enterprises.

 

According to Tencent Cloud’s Southeast Asia managing director Jimmy Chen, Thailand is a key strategic market, and the company is adapting its China-developed technologies to local contexts. Potential users of the palm scan system include financial, retail, telecom, education, and public sectors, with convenience stores identified as a prime early use case. The system is promoted as more secure and scalable than existing biometric methods like QR codes or facial recognition.

 

Tencent also plans to support Thai enterprises in building ecosystems of mini-programs—lightweight apps operating within a larger platform—through its super-app service model. Existing local partners include MFEC and True IDC. Additionally, Tencent Cloud is offering AI tools to support local use-case development. [Bangkok Post]




Infrastructure, Industry, and Environment




256 tons of hazardous electronic waste seized at Ayutthaya factory


Thai authorities have impounded 256 tons of electronic waste from a factory in Bang Pahan district, Ayutthaya—a central province known for its historical significance as a former capital of the Siamese kingdom.

 

The seizure followed the arrest of a truck driver transporting hazardous materials in Pathum Thani. The driver stated he had picked up the waste from the Ayutthaya facility and was heading to Bangkok. Police, together with industrial officials, also found auto parts and oil-contaminated barrels during the raid. Authorities are investigating whether the factory’s possession of the e-waste complies with environmental regulations. [Bangkok Post]




Oversupply risk in Phuket provincial housing market despite strong foreign demand


Thailand’s Real Estate Information Centre (REIC) has warned of a growing oversupply in Phuket’s residential property market, where over 10,000 units remain unsold, valued at THB 77.08 billion (USD 2.11 billion). Phuket, a leading resort island and international tourist hub in southern Thailand, has seen robust foreign demand this year with more than 70 percent of units sold. However, new project launches surged by 79.5 percent year-on-year, adding 10,613 units to the market. Condominium units dominate supply, totaling 15,511 units worth THB 126.62 billion (USD 3.47 billion), especially near popular beaches such as Bang Thao and Surin. The REIC cautioned that supply could soon exceed demand and urged developers to implement stricter sales strategies to avoid market imbalances. [The Nation]