Thailand

Thailand

Narrows eligibility conditions for investment promotion incentives in certain sectors

01 Sep 2025

The Board of Investment (BOI) of Thailand adopted a series of measures in 2025 to tighten the conditions for eligibility under its investment promotion regime, narrowing the scope of activities and privileges available to promoted projects across multiple sectors.

First, the BOI tightened eligibility requirements for promoted biorefinery activities. On 18 February 2025, Notification No. Sor. 2/2568 amended Notification No. 9/2565 by repealing the previous provisions on biorefinery promotion zones or industrial estates and introducing more stringent criteria. Under the revised framework, certain projects, including those involving sustainable aviation fuel, are required to have a minimum Thai shareholding of 51 per cent. In addition, promoted projects must be located outside Bangkok and Samut Prakan provinces and occupy a minimum area of 200 rai (approximately 320,000 square metres), of which 60–75 per cent must be designated for industrial use. The notification entered into force on 18 February 2025.

Second, the BOI narrowed the range of activities eligible for investment promotion. Notification No. Sor. 5/2568, adopted on 5 June 2025, removed new investment projects in the manufacturing of solar cells and solar panels, selected steel and metal products, and sorting or separation services for unwanted materials from eligibility for BOI investment promotion. The revised rules apply to applications for investment promotion submitted on or after 1 July 2025.

On 1 September 2025, following the amendment of Notification No. Sor. 7/2568, foreign-majority-owned companies applying for BOI promotion in selected metal, chemical and plastics manufacturing activities are no longer eligible for land-ownership privileges. However, this restriction does not apply to existing BOI-promoted companies that, over the past 15 years, have implemented at least three promoted projects under the same juristic person, with a combined investment value of at least B5 billion (approximately $140 million), excluding land and working capital.

In addition, the BOI tightened shareholding requirements for investment promotion in certain labour-intensive manufacturing activities. As a condition for obtaining BOI incentives, projects involving the manufacture of leather bags, furniture and printed materials are now required to have Thai individual shareholders holding at least 51 per cent of the registered capital, unless the promoted project is located in a BOI-designated special border economic zone. This notification was published in the Government Gazette on 30 December 2025 and entered into force on 1 September 2025. 

Details on the measures introduced under Notifications No. Sor. 2/2568 and No. Sor. 5/2568 are available in the Investment Policy Monitor database:

https://investmentpolicy.unctad.org/investment-policy-monitor/measures/5245/thailand-expands-boi-investment-promotion-incentives-for-certain-sectors

Nature of measure:
  • Entry restriction
  • Treatment and operation
Type:
  • Entry and establishment (Access to land)
  • Promotion and facilitation (Investment incentives)
Industry:
  • Manufacturing (Manufacture of textiles, wearing apparel, leather and related products, Manufacture of chemicals and chemical products, Manufacture of rubber and plastics products, and other non-metallic mineral products, Manufacture of basic metals, Manufacture of fabricated metal products, except machinery and equipment, Manufacture of furniture, Other manufacturing)
Inward FDI:
Yes
Outward FDI:
No
Sources: