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THAILAND

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Thailand has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

THAILAND

Since 2019

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Thailand has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

THAILAND

Since April 1979
Since April 2002

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act 1979

Direct Sales and Direct Marketing Act 2002
The Consumer Protection Act 1979 and the Direct Sales and Direct Marketing Act 2002 provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

THAILAND

Since June 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Domain Name Registration Policy 2020
According to the Domain Name Registration Policy 2020, the domain name ".co.th" is designed for business entities registered with the Department of Business Development in Thailand, state enterprises, or any person who registered the Value Added Tax with the Revenue Department in Thailand. In addition, according to Art. 7, the domain name holder can be a foreigner who holds a registered trademark with the Department of Intellectual Property (DIP) in Thailand. However, the foreign juristic persons or trademark owners must appoint an agent to hold rights in a domain name on their behalf.
Coverage Horizontal

THAILAND

Reported in November 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 47, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

THAILAND

Since April 1999, as amended in May 2017
Since November 2018

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Direct Sales and Direct Marketing Act 1999

Ministerial Regulation Prescribing Product and Service Purchase on Electronic Commerce Platform Considered Not Being Direct Marking 2018
The Direct Sales and Direct Marketing Act requires businesses that engage in direct sales/marketing to register with the Office of the Consumer Protection Board (OCPB). The definition of "direct marketing" has been amended to include e-commerce transactions. Business operators who fail to register as required will be punishable by a fine, imprisonment, or both.
In accordance with the provisions of the Act, the criteria for registering in the field of direct selling involve the following conditions: (i) the business entity must be structured as a partnership with a minimum registered capital of 500,000 Thai Baht (approx. USD 16,000), or alternatively, it can be a limited company or a public limited company with a minimum registered and paid-up capital of 1,000,000 Thai Baht (approx. USD 32,000); (ii) it is mandatory for direct selling operators to share joint and several liability with consumers who make purchases of goods or services through their independent distributors.
The conditions for registering and marking in the field of direct selling encompass the following: (i) applicants are obligated to furnish a guarantee to the registrar in an amount specified by the Ministerial Regulation, along with the preparation of a purchase and sale document in the Thai language; (ii) applicants must not have had their registration revoked in the five years leading up to the application submission, and the individual responsible for the operations must also not have faced a revocation during that period.
In addition, the Ministerial Regulation 2018 provides a list of exception activities in electronic commerce. The activities stated below are not considered direct marketing: (i) a natural person who has not registered as a direct marketing operator and earns no more than 1,800,000 Thai Baht (approx. USD 50,000) per year from selling products or services through an electronic commerce platform; (ii) a Small and Medium-sized enterprise that legally registers in accordance with Small and Medium Enterprises Promotion Law; (iii) a community enterprise and their networks which legally register in accordance with the Community Enterprise Promotion Law; (iv) the cooperatives and the group of farmers who legally register in accordance with the Cooperatives Law.)
Coverage E-commerce
Sources

THAILAND

Reported in 2020

Pillar Online sales and transactions  |  Sub-pillar Limits on e-commerce purchases
Fee for express delivery companies
It is reported that private express delivery companies must pay approximately 1 USD per item for the delivery of documents that weigh up to 2kg.
Coverage Private express delivery companies

THAILAND

Since January 1956, as amended in March 2006
Since November 2010

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Commercial Registration Act 1956

Notification of the Ministry of Commerce regarding Requirements for the Business Operators to Register their Businesses (No. 11) 2010
According to Clause 5 of the Ministry of Commerce's Notification (No. 11) 2010, a website that includes the transaction of goods and services must register the 'E-Commercial Registration' under the Commercial Registration Act 1956 (amended by the Commercial Registration Act (No. 2) in 2006). Therefore, the electronic businesses operating in the internet system, service providers, web hosting, e-marketplace, or platform (for example, Lazada, Shopee, etc.), are required to register with the Department of Business Development (DBD). In addition, the DBD registration is valid for five years. Also, ordinary persons and juristic persons engaged in E-commerce businesses without commercial registration are considered to be in violation and shall be subject to a fine penalty as stipulated. Furthermore, foreign companies are required to submit additional documents for registration, including a copy of the company registration; and an appointment of operation in Thailand, work permits and a foreign business license or document certificate (if any).
Coverage E-commerce

THAILAND

Since July 2013
Since May 2007

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Notification of the National Broadcasting and Telecommunications Commission regarding regulations for Inspection and Certify Radio Communication and Broadcasting Equipments 2013

Notification of the National Telecommunications Commission regarding Safety Criteria and Measures for the Use of Radio Communication Equipment on Human Health 2007
According to the National Broadcasting and Telecommunications Commission (NBTC)'s Notification in 2013, the suppliers are obliged to submit sDoc form to the office of NBTC, whether in person or by post, by providing written attestation confirming that the equipment conforms to such standard or technical requirement (Clause 12). The registration is based on the declaration of conformity to demonstrate compliance with Thailand's national standards. Foreign standard test reports are often accepted as the basis for declarations. The equipment that subjects to SDoc is low-power radiocommunication equipment and short-range devices. The applicant to submit the SDoC must be a Thai person or a juristic person established under Thai law. If the juristic person is not established under Thai law or has a location in a foreign country, its representative or agent must be a Thai person or a Thai juristic person.
To protect human health, the exposure of electromagnetic waves in the frequency range of 9 kHz – 300 GHz is controlled. Regarding safety standard provided in the Notification of the National Telecommunications Commission (NTC) in 2007, radiocommunication equipment is categorized as Category 1: the electromagnetic radiation component is, in normal use, positioned close to the user’s head, or less than 20 centimeters from the body of the user, and Category 2: the electromagnetic radiation component is, in normal use, positioned at least 20 centimeters from the body of the user (Clause 3).
-The applicant, responsible for radio communication equipment Category 1, shall submit SDoC and the SAR measurement report by the inspection units, either at home or overseas with the accreditation of inspection expertise following the ISO/IEC 17025 (or the equivalent standards). The equipment in this category subjects to an assessment of specific absorption rate (SAR) to ensure safety standards.
-The applicant responsible for radiocommunication equipment Category 2 shall submit SDoC and report on the assessment of electromagnetic field straight, to support the application for the assessment and certification by the Commission.
Coverage Radiocommunication equipment
Sources

THAILAND

Since April 2002
Since December 2005

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Mandatory certification requirement

ASEAN Sectoral MRA for Electrical and Electronic Equipment (ASEAN EE MRA) 2002

ASEAN Harmonized Electrical and Electronic Equipment Regulatory Regime (AHEEERR) 2005
In general, the Thai Industrial Standards (TIS) is a technical requirement established by the Thai Industrial Standards Institute (TISI). Products in 10 sections, including electrical appliances and accessories, require apply for a compulsory certification. The ASEAN Framework Agreement on Mutual Recognition Arrangements provides the principles for developing sectoral Mutual Recognition Arrangements (MRAs) among ASEAN member states. A member state shall accept or recognize the test reports and certifications issued by the testing laboratories and certification bodies of other parties (ASEAN EE MRA, Art. 3).
Coverage Electrical appliances and accessories
Sources

THAILAND

Since January 2008
Since June 2013
Since March 2019

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Notification of the National Telecommunications Commission regarding regulations for Inspection and Certify Telecommunications Devices and Equipment 2008

Conformity Assessment of Telecommunication Equipment 2013

Notification of the National Broadcasting and Telecommunications Commission regarding regulations for the Electromagnetic Compatibility of the Telecommunication and Telecommunication Equipment 2019
The National Telecommunications Commission (NTC or the NBTC) categorizes the telecommunication and telecommunication equipment application into three groups: Class A (require to register), Class B (require to certify), and sDoC (not require to test or certify). In particular, the suppliers can submit sDoC form to the office of NBTC, whether in person or by post, by providing written attestation confirming that the equipment conforms to such standard or technical requirement. The registration is based on the declaration of conformity to demonstrate compliance with Thailand's national standards. Foreign standard test reports, however, are often accepted as the basis for declarations. The telecommunication transport equipment that subjects to SDoC is Bluetooth, Wi-Fi, RLAN, wireless microphone, etc. The applicant or representative must be a Thai person or a juristic person established under Thai law (Clause 2 of the 2008 Notification).
If the juristic person is established under Thai law or has a location in a foreign country, the applicant must be its representative who is a Thai person or a Thai juristic person. In 2019, the NBTC requires that the telecommunication and telecommunication terminal equipment, including telephone set, facsimile equipment, key telephone system, modem, data terminal equipment, PABX, xDSL equipment, must follow the Electromagnetic Compatibility (EMC) technical standard. Therefore, an applicant of such telecommunication equipment shall submit sDoC as the specifications laid down in the NBTC Notification issued in 2019.
Coverage Telecommunications
Sources

THAILAND

Since January 1955, last amended in March 1992
Since May 2011

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Export restrictions on ICT goods, products and online services
Radio Communication Act 1955

Notification of the National Broadcasting and Telecommunications Commission regarding the Exportation of Radio Communication Equipment 2011
According to Section 6 of the Radio Communication Act, any persons who wish to export radio communication devices or any ancillary devices into the Kingdom are required to obtain a license. The telecommunications devices required to obtain a license include a Radio modem, Base station, Cellular repeater, Microwave link, Antenna, FM Transmitter, GPS Tracking, etc. According to Section 9 of the law, the import license is valid for 180 days after issuance, and those who violate the law shall be liable to a fine, imprisonment, or both. In addition, the Notification of the National Broadcasting and Telecommunications Commission (NBTC) on Export of Radio Communication Equipment 2011 includes the requirements that the exporters must follow, including fee payment, and document preparation.
Coverage Radiocommunication and telecommunications equipment

THAILAND

Since January 1955, last amended in March 1992
Since May 2011

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Radio Communication Act 1955

Notification of the National Broadcasting and Telecommunications Commission regarding the Exportation of Radio Communication Equipment 2011
According to Section 6 of the Radio Communication Act, any persons who wish to export radio communication devices or any ancillary devices into the Kingdom are required to obtain a license. The telecommunications devices required to obtain a license include a Radio modem, Base station, Cellular repeater, Microwave link, Antenna, FM Transmitter, GPS Tracking, etc. According to Section 9 of the law, the import license is valid for 180 days after issuance, and those who violate the law shall be liable to a fine, imprisonment, or both. In addition, the Notification of the National Broadcasting and Telecommunications Commission (NBTC) on Export of Radio Communication Equipment 2011 includes the requirements that the exporters must follow, including fee payment, and document preparation.
Coverage Radiocommunication and telecommunications equipment

THAILAND

Reported in 2020

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in import procedures
It is reported that Thailand’s provision of incentives to customs officials who initiate investigations or enforcement actions creates conflicts of interest and encourages customs investigations for personal financial gain. Foreign companies report concerns about corruption and the cost, uncertainty, and lack of transparency associated with the customs penalty/reward system. Foreign stakeholders also have expressed concern about the country's inconsistent application of the transaction valuation methodology, as well as the repeated use of arbitrary or fictitious values by the Customs Department.
Coverage Horizontal

THAILAND

Since April 2016

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Notification of the Ministry of Commerce regarding the 3D Printing Machines as a Product Subjected to Import Requirements 2016
According to the Notification of the Ministry of Commerce regarding the 3D Printing Machines as a Product Subjected to Import Requirements 2016, importers of 3D printing machines must be registered with the Department of Foreign Trade under the Ministry of Commerce. In addition, they are also required to notify the importation, possession, disposal, and balance of these products twice a year (in June and December). Moreover, the importers must report this information to the Customs Department.
Coverage 3D printing machines, rapid prototyping machines, and additive manufacturing machines (HS8477, 8479)