Database

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TÜRKIYE

Since January 2002, as amended in February 2014

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Law No. 4,734 on Public Procurement (Kame Ihale Kanunu No. 4734)
According to Art. 63 of the Public Procurement Law, it is possible for contracting authorities to insert provisions to the tender documents indicating that the tender is exclusively open to domestic tenderers.
Coverage Horizontal

TÜRKIYE

Since January 2002, as amended in June 2017
Since September 2014

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 4,734 on Public Procurement (Kame Ihale Kanunu No. 4734)

Domestic Goods Notification (SGM 2014/35) (Yerli Malı Tebliği (SGM 2024/10))
Since February 2014, amendments to the Public Procurement Code have introduced defined local preference margins for medium- and high-technology products in Türkiye, replacing the previously discretionary application of such margins by issuing authorities. Art. 63 of the Turkish Public Procurement Code, as amended by Art. 74 of Law No. 7033 on the Amendment of Certain Laws and Decrees to Support the Development of Industry and Production, establishes the following provisions:
- Bidders offering domestic products in goods procurement may receive a price advantage of up to 15%. Additionally, a mandatory 15% price advantage is granted to bidders supplying domestic products identified as medium- or high-technology by the Ministry of Science, Industry and Technology. These products are selected based on recommendations from relevant institutions and included in an annually published list. The initial list, published in January 2015, included 2,139 items such as computers, mobile phones, and televisions.
- For construction projects, ministries may require that all or part of the machinery, materials, equipment, and software used are sourced domestically, based on technological classifications.
Furthermore, the eligibility criteria for a "domestic product" benefiting from these preference margins were detailed in September 2014 in Art. 4 of the Domestic Goods Communiqué. These criteria include:
- Production by enterprises registered with the Ministry of Industry, with the product listed in the “production content” category of the registration certificate.
- Completion of essential production stages entirely within Türkiye, including final processing.
- A local contribution of at least 51% of the final production cost.
Coverage Middle and high technology products

TÜRKIYE

Since February 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Regulation on the Implementation of the Turkish Industrial Cooperation Program
The Regulation on the Implementation of the Turkish Industrial Cooperation Program gives civilian ministries the authority to impose commercial offset requirements in procurement contracts. A foreign company that wins a Turkish government procurement contract may be required to produce a certain percentage locally or with a local partner or transfer technology in order to provide its products and services. It is reported that the Turkish Government has imposed these requirements in the telecom and ICT sectors, among others.
Coverage Horizontal

TÜRKIYE

Reported in 2022, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Complaints on public procurement
It is reported that although Turkish government procurement law requires government contracting agencies to consider best-value pricing, the lowest-cost bids are selected in most tenders. In a scenario involving the procurement of highly technical goods or services, this may prevent consideration of bids from firms with the highest capacity and best abilities, including foreign firms, i.e., those that provide a greater number of services, lower life cycle costs, and higher quality products. It is also reported that certain other features of the Turkish procurement system severely limit the ability of foreign companies to participate in government tenders. First, Turkish procurement law mandates the use of model contracts, i.e., standard forms, which many government procuring agencies refuse to modify. These model contracts make it difficult for foreign companies to formulate proposals that are fully responsive to procuring agencies’ requirements. In addition, foreign companies, including those with Turkish subsidiaries, have reported difficulties complying with onerous documentation requirements imposed by contracting agencies.
Coverage Horizontal

TÜRKIYE

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Türkiye is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1996.
Coverage Horizontal

THAILAND

Reported in 2021, last reported in 2023

Pillar Online sales and transactions  |  Indicator 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 50, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

THAILAND

Since June 2020

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Domain Name Registration Policy 2020 (นโยบายการจดทะเบียนชื่อโดเมน .th และ .ไทย)
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 Section 2 of the guidelines, the domain name holder can be a foreigner who holds a registered trademark with the Department of Intellectual Property (DIP) in Thailand. However, foreign juristic persons or trademark owners must appoint an agent to hold rights in a domain name on their behalf.
Coverage Horizontal

THAILAND

Since April 1979
Since April 2002

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act, 1979 (พระราชบัญญัติคุ้มครองผู้บริโภค - พ.ศ. 2522)

Direct Sales and Direct Marketing Act, 2002 (ขายตรงและตลาดแบบตรงพ.ศ. 2545)
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

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
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  |  Indicator 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 2001

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Thailand has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

THAILAND

Reported in 2021, last reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
It is reported that no compulsory assessment procedure is in place to certify electronic products.
Coverage Electronic products

THAILAND

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

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Commercial Registration Act, 1956 (พระราชบัญญัติ ทะเบียน พาณิชย์ พ.ศ. 2499)

Notification of the Ministry of Commerce regarding Requirements for the Business Operators to Register their Businesses (No. 11), 2010 (ประกาศกระทรวงพาณิชย์ เรื่อง ให้ผู้ประกอบพาณิชยกิจต้องจดทะเบียนพาณิชย์ (ฉบับที่ 11) พ.ศ. 2553)
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, an appointment of operation in Thailand, work permits, and a foreign business license or document certificate (if any).
Coverage E-commerce sector

THAILAND

Since April 2002, as amended in May 2017
Since November 2018

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Direct Sales and Direct Marketing Act, 2002 (ขายตรงและตลาดแบบตรงพ.ศ. 2545)

Ministerial Regulation for Product and Service Purchase on Electronic Commerce Platform, Considered not being direct Marketing B.E. 2561 (กฎกระทรวงกำหนดการซื้อขายสินค้าหรือบริการโดยวิธีการพาณิชย์อิเล็กทรอนิกส์ที่ไม่ถือว่าเป็นตลาดแบบตรง พ.ศ. 2561)
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 activities which are not considered direct marketing, which include (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 sector
Sources

THAILAND

Since November 1999

Pillar Content access  |  Indicator Restrictions on online advertising
Foreign Business Act, B.E. 2542 (1999) (พระราชบัญญัติการประกอบธุรกิจของคน. ต างด าว พ.ศ. ๒๕๔๒)
List 3 of the Foreign Business Act includes industries in which "Thai nationals are not yet ready to compete with foreigners". These are open to foreign investors provided they receive a licence from the Director-General of the Department of Business Development of the Ministry of Commerce and approval from the Foreign Business Committee. A wide range of businesses are covered under List 3, including advertising businesses. A foreign company can engage in List 3 activities if Thai nationals hold a majority of the limited company’s shares. Any company with a majority of foreign shareholders (more than 50%) cannot engage in List 3 activities unless it receives an exception from the Ministry of Commerce under its Foreign Business License application.
Coverage Advertising sector

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