Thailand Legal Update October, 2023

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The court accepts the lawsuit for the True-Dtac merger

The Supreme Administrative Court overruled the prior decision of the Central Administrative Court rejecting the complaint of the Foundation for Consumers against the National Broadcast and Telecommunication Committee (NBTC), trying to revoke the NBTC’s resolution in acknowledging the merger. The complaint was accepted regardless of the fact that it was submitted past the prescription period. The ruling stated that as the matter directly affects the public interest, the court has the authority to accept the complaint even though it was submitted after the prescription period.

The court revokes the arbitrator’s ruling on Hopewell’s case

The Central Administrative Court revoked the ruling of the arbitrator, which ordered the Ministry of Transport and State Railways of Thailand (SRT) to pay compensation of over THB 24 billion (approx. USD 676 million) to Hopewell. The order came after the ruling of the Supreme Administrative Court in March 2021, approving the retrial. This case is the result from the Constitutional Court ruling in 2021 that law used as a basis of the the Administrative Court judgement in favor of Hopewell (that the case is not time barred) is unconstitutional.

Identity verification requirement when using CDM  

From 11 November 2023 onwards, deposit of cash via the automatic cash deposit machine (CDM) will require the user to verify his/her identity through a one-time password, which can be via telephone, or by by using ATM/Debit/Credit card. The measure is implemented  to combat money laundering as the CDM is frequently used as a means to launder the cash received from illicit activities, especially online financial fraud.

Businesses that require a Data Protection Officer

The Personal Data Protection Committee issued a notification on the criteria for the data controllers which are required to designate the Data Protection Officer (DPO). The criteria focus mainly on the “Core Activity” of the data controller, which is defined as activities that are necessary and important to achieve the main objectives or goals of operating in the business or mission of the personal data controller or the personal data processor. Under, the notification, if the Core Activities of the data controller involve “Regular Monitoring”* of “Large-Scale Personal Data”*, such data controller is required to designate a DPO.

*The detailed definition of the terms can be found in the notification below

125 Sathorn’s EIA revoked by the court

The Central Administrative Court revoked the EIA report and construction permit of “The 125 Sathorn”, a luxury condominium. The court ruled that the actual total land area of the project is less than the information submitted to the expert committee, hence making the utilization of the land violates the Building Control Act (BCA). For the next step, if the decision is not appealed, the owner of The 125 Sathorn will need to adjust the design of the condominium to comply with the relevant regulations accordingly.

Reduction of FT fees for electricity

The Cabinet approved the reduction of the electricity tariff fees, resulting in a reduction of the electricity fees from THB 4.10 (approx. USD 0.12) to THB 3.99. (approx. USD 0.11)

Tax on foreign income

The Revenue Department issued Departmental Instruction no. 161/2566 (Por. 161/2566) ending a nearly 40-year tax exemption for foreign income. From 1 January 2024 onwards, foreign income under

section 41 para.2 of the tax code, which are income from employment, business carried abroad, and property abroad, shall be considered an assessable income for the tax year that the mentioned income is brought into the country. However, foreigners categorized as Wealthy Global Citizens, Wealthy Pensioner, and Work-from-Thailand Professionals who are granted a Long-Term Resident Visa are entitled to a tax exemption under the Royal Decree issued under the Revenue Code (No. 743), and hence are not under the scope of applicability of this regulation.

New Ministerial Regulations under the Building Control Act

The Minister of Internal Affairs issued 3 Ministerial Regulations under the Building Control Act (BCA), focusing on improving the safety of the building, as follows:

  1. Regulating materials used in the construction of controlled buildings: The use of materials for the construction of controlled buildings must be appropriate with the purpose and the use of the building, with consideration to stability, strength, fire safety, public health, environment quality, and the preventing construction material from falling down from the building.
  1. Regulating the foundation of the building and the ground that supports the building: The foundation of a building must be stable and strong enough to support the weight of the building itself and the loads that arise from normal use of the building. The weight must also be safely transferred directly into the foundation soil or through the foundation piles.
  1. Regulating the design of the building and the materials used in the building structure: Buildings and the parts of the building shall be:
  • stable, strong, and safe under the load or force applied in its normal use;
  • in suitable conditions of use and strong enough to not cause deformation or cracking that may affect the use or performance of the building;
  • durable and able to support loads throughout its appropriate lifespan;
  • resistant to fire.

We hope that we have been able to assist you with this information.
If you have any further questions, please contact us:

Lorenz & Partners Co., Ltd.

27th Floor, Bangkok City Tower, 179, S Sathorn Rd,

Thung Maha Mek, Sathon, Bangkok 10120

Email: [email protected]
+66 (0) 2 287 1882

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