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BOI Issues Incentive Amendments for Several Business Categories

On the 18th January 2023, a notice issued by the Thailand Board of Investment was published, adding the following provisions as Chapters 1-7 of the Schedule annexed to Notice of Board of Investment No. 2/2557 dated 3rd December 2014.

Chapter 1: Agriculture and Agricultural Produces

 

Category

 

Conditions

 

Privileges

 

1.27 Energy Crop Cultivation Business

 

1.  Must have adjacent areas which are not less than 50 Rais together.

2.  Must receive suitable cultivation management standard certification, such as Forest Stewardship Council (FSC), Program for the Endorsement of Forest Certification (PEFC), or other equivalent standards before the commencement date of operations.

 

A1

 

1.28 Organic Starch or Organic Flour Production Business

 

Must receive organic agricultural standard certification, such as the International Federation of Organic Agriculture Movements (IFOAM), Canada Organic Regime (COR), The National Organic Program (NOP), or other equivalent standards before the commencement date of operations.

 

A2

 

1.29 Native Starch or Native Flour Production Business

 

1.  Must use environmentally friendly technology, such as water recycling, air pollution control, etc.

2.  Must receive environmental standard certification, such as ISO 14000, or other equivalent standards before the commencement date of operation.

 

A4

 

1.30 Future Food Production Business:

1.30.1  Business of Production of Food with Health Claim

1.30.2  Novel Food Production Business

1.30.3  Organic Food Production Business

 

1.  No promotion is granted for the production of granulated sugar, diluted fruit juices, electrolyte drinks, energy drinks, alcoholic beverages, drinking water, soda water (both flavored and unflavored), carbonated soft drinks, vitamin water, and drinking water containing other additives.

2.  Must be assessed for health claims by the Food and Drug Administration, or other equivalent agencies, before the commencement date of operations.

1.  No promotion is granted for the production of granulated sugar, diluted fruit juices, electrolyte drinks, energy drinks, alcoholic beverages, drinking water, both flavored and unflavored soda water, carbonated soft drinks, vitamin water, and water containing other additives.

2.  Must be registered as a novel food by the Food and Drug Administration, or other equivalent agencies, before the commencement date of operation.

1.  No promotion is granted for the production of granulated sugar, diluted fruit juices, electrolyte drinks, energy drinks, alcoholic beverages, drinking water, both flavored and unflavored soda water, carbonated soft drinks, vitamin water, and drinking water containing other ingredients.

2.  Must receive organic agricultural standard certification, such as the International Federation of Organic Agriculture Movements (IFOAM), Canada Organic Regime (COR), The National Organic Program (NOP), or other equivalent standards before the commencement date of operations.

 

A2

 

1.31 Business Producing Foods for Treatment of Animal Diseases

 

1.  Must be registered as specifically controlled animal food or pet food for the treatment of pet diseases, or other equivalent standards before the commencement date of operations.

2.  Must be food safety management system certified, such as ISO 22000, or standards acceptable by the Global Food Safety Initiative (GFSI), etc. before the commencement date of operations.

 

A2

 

1.32 Modern Agricultural System Service Business

 

Must be a modern agricultural system service, such as a system for detecting or monitoring conditions, a resources control system (water, fertilizer, medications, and smart systems) etc. as approved by the Board.

 

A4

 

1.33 Biochemical Product Production Business

 

1.  Must use no less than 51 percent (by weight), of raw materials that come from agricultural produce, processed agricultural produce, biomass materials, waste, or by-products from the agricultural process industry.

2.  No promotion is granted to projects having only mixture or dilution processes.

3.  Must receive Ready Biodegradability Standards of international standards, such as OECD Guidelines for the Testing of Chemical, Test No. 301: Ready Biodegradability, etc. before the commencement date of operation.

 

A2

 

Chapter 2: Minerals, Ceramics, and Basic Metals

 

Category

 

Conditions

 

Privileges

 

2.18 Mining, ore dressing, ore smelting, target potential ore metallurgy businesses:

2.18.1  Target potential mining business

2.18.2  Ore dressing business with the aim of targeting potential mining business in the same project

2.18.3  Ore smelting and/or metallurgy business in continuation of mining and target potential ores dressing business in the same project

2.18.4  Ore dressing, ores smelting, or target potential metallurgy business

 

1.  Prior to submitting an application for promotion, one must have a concession of mining sub-license.

2.  Must be a business related to targeting potential ores, such as rare earth, precious metals, alkali metals, quartz, potash, etc., and other ores as prescribed by the National Ores Management Policy Committee (except industrial rocks for the construction industry).

3.  Must obtain the Green Mining Certificate or CSR-DPIM standards from the Department of Primary Industries and Mines, or other international standards as approved by the Board, within 2 years of the commencement of operations.

4.  Must obtain the Mining 4.0 Certificate from the Department of Primary Industries and Mines or other international standards as approved by the Board, within 2 years of the date of commencement of operations. If not, the rights and privileges of a juristic person’s income tax exemption shall be revoked for 1 year.

5.  Within 2 years of the commencement of operations, one must have a real-time system for inspection and reporting of environmental impact. If not, the rights and privileges of a juristic person’s income tax exemption shall be revoked for 1 year.

6.  Where this juristic person is operating a mining business with the prospect of targeting potential ores, the expenses arising from the concession certified by the Department of Primary Industries and Mines may be included in calculating a juristic person’s income tax exemption.

7.  For existing businesses, irrespective of whether or not they are granted promotion, when applying for the rights and privileges under the efficiency improvement measures, the conditions under No. 3 – No. 5 must be complied with by the date of commencement of operations.

1.  Prior to applying for promotion, one must have a concession or mining sub-license.

2.  In the case that the ore dressing place is located outside the concession area, one must obtain an ore dressing license before applying for promotion.

3.  Must be a business related to targeting potential ores, such as rare earth, precious metals, alkali metal, quartz, potash, etc. and other ores as prescribed by the National Ores Management Policy Committee (except industrial rocks for the construction industry).

4.  Must obtain the Green Mining Certificate or CSR-DPIM standards from the Department of Primary Industries and Mines or other international standards as approved by the Board within 2 years of the date of commencement of operations.

5.  Must obtain the Mining 4.0 Certificate from the Department of Primary Industries and Mines, or other international standards as approved by the Board, within 2 years of the date of commencement of operation, if not, the rights and privileges of a juristic person’s income tax exemption shall be revoked for 1 year.

6.  Must have a real-time system for inspection and reporting of environmental impact within 2 years of the date of commencement of operation, if not, the rights and privileges of a juristic person’s income tax exemption shall be revoked for 1 year.

7.  Where this juristic person is operating a mining business with the prospect of targeting potential ores, the expenses arising from the concession certified by the Department of Primary Industries and Mines may be included in calculating a juristic person’s income tax exemption.

8.  For an existing business, irrespective of whether or not it is granted promotion, if applying for the rights and privileges under the efficiency improvement measures, the conditions under No. 4 – No. 6 must be complied with by the date of commencement of operation.

1.  Must have a concession or a mining sub-license before submitting an application for promotion.

2.  In the case where the ores dressing place and/or the metallurgy operation place is outside the concession area, one must obtain an ores dressing license and/or a metallurgy license before submitting an application for promotion.

3.  Must be a business related to targeting potential ores, such as rare earth, precious metals, alkali metal, quartz, potash, etc., and other ores as prescribed by the National Ores Management Policy Committee (except industrial rocks for the construction industry).

4.  Must obtain the Green Mining Certificate or CSR-DPIM standards from the Department of Primary Industries and Mines, or other international standards as approved by the Board, within 2 years of the date of commencement of operations.

5.  Must obtain the Mining 4.0 Certificate from the Department of Primary Industries and Mines or other international standards as approved by the Board within 2 years from the date of commencement of operation, if not, the rights and privileges of a juristic person’s income tax exemption shall be revoked for 1 year.

6.  Must have a real-time system for inspection and reporting of environmental impact within 2 years from the date of commencement of operations, if not, the rights and privileges of a juristic person’s income tax exemption shall be revoked for 1 year.

7.  Where this juristic person is operating a mining business with the prospect of targeting potential ores, the expenses arising from the concession certified by the Department of Primary Industries and Mines may be included in calculating a juristic person’s income tax exemption.

8.  For existing businesses, irrespective of whether or not they are granted promotion, when applying for the rights and privileges under the efficiency improvement measures, the conditions under No. 4 – No. 6 must be complied with by the date of commencement of operation.

1.  Must have an ore dressing license or a metallurgy operation license, or other licenses, from the Department of Primary Industries and Mines before submitting an application for promotion.

2.  Must be a business related to targeting potential ores, such as rare earth, precious metals, alkali metal, quartz, potash, etc. and other ores as prescribed by the National Ores Management Policy Committee (except industrial rocks for the construction industry).

3.  Must obtain the Green Mining Certificate or CSR-DPIM standards from the Department of Primary Industries and Mines, or other international standards as approved by the Board, within 2 years from the date of commencement of operation.

4.  Must obtain a Mining 4.0 Certificate from the Department of Primary Industries and Mines, or other international standards as approved by the Board, within 2 years from the date of commencement of operation, if not, the rights and privileges of a juristic person’s income tax exemption shall be revoked for 1 year.

5.  For existing businesses, irrespective of whether they are granted promotion, if applying for the rights and privileges under the efficiency improvement measures, the conditions under No. 3 – No. 4 must be complied with by the date of commencement of operation.

 

A2

 

 

A2

 

 

A2

 

 

A3

 

2.19 Cement production business

 

1.  Must have a production process that is of clean technology and environmentally friendly as approved by the Board, such as:

1.1  There is carbon capture and storage (CCS) technology and/or carbon capture and utilization (CCU) technology.

1.2  Renewable energy is used in the production process (except electrical energy from solar cells).

2.  Existing projects may apply for the rights and privileges under the efficiency improvement measures in respect to the reduction of impact on the environment in reducing greenhouse gas emissions only.

 

B

 

Chapter 3: Light Industries

 

Category

 

Conditions

 

Privileges

 

3.10.3  Business of producing lenses with a continuous forming process from glass melting in the same project

 

Must be lenses that do not fall under the category of medical devices under the law governing medical devices.

 

A3

 

3.10.4  Medical device parts production business

 

Must receive ISO 13485 certification, or other equivalent medical device standards, before the commencement date of operations.

 

A4

 

Chapter 4 Metal Products, Machinery, and Transport Equipment

 

Category

 

Conditions

 

Privileges

 

4.11.7  Ground support equipment producing, repairing, and servicing business

 

1.  No promotion is granted to the production of busses or passenger transport vehicles, airport trolleys, aviation belts, and air transport aviation freight pallets.

2.  Promotion is granted where there is a forming process of parts and/or an engineering design in the project.

3.  Promotion is granted where there is an assembly process as approved by the Board.

 

 

A3

A4

 

4.11.8  Business of producing mechanical parts and/or electronic parts for satellite or space objects of various forms

 

A2

 

4.11.9  Business of designing and developing systems or software relating to satellite and ground station.

 

Must be designing and developing systems or software, such as a system or software for satellite platforms, payload systems, searching systems, space debris protection systems, space navigation systems, etc.

 

A1

 

4.11.10 Space launching services business or space launching control system development business

 

A1

 

4.11.11 Space support business

 

Must be a space support business, such as a lab for satellite and space object testing and/or parts standard certification, etc.

 

A2

 

4.29 Fuel cell electric vehicles (FCEV) and equipment for fuel cell system production business:

4.29.1  Fuel cell electric vehicles (FCEV) production business

4.29.2  Fuel cell system parts production business

 

In the case of producing fuel cell electric vehicles (FCEV), there must be a proposed package plan consisting of: a fuel cell electric vehicle production project and fuel cell production project (whether it belongs to the business itself or to other producers) machinery, installation and production plan, production plan during year 1 to 3, other parts procurement or production plan, hydrogen fueling station development plan, used battery management plan, and local raw materials or part suppliers development plan whose shares are held by Thai nationals with no less than 51 percent of these on technology training and technical assistance.

 

A2

 

Chapter 5 Electrical Appliance and Electronics Industries

 

Category

 

Conditions

 

Privileges

 

5.4.12.5 Business of producing printed circuit board of high-density interconnect type

 

There must be investments in machinery and production processes as approved by the Board.

 

A2

 

Chapter 6 Chemicals, Plastics, and Paper

 

Category

 

Conditions

 

Privileges

 

6.20 Hydrogen production business:

6.20.1  Business of producing hydrogen from water by using renewable energy, including continuous product production, such as green ammonia, etc.

6.20.2  Business of producing hydrogen from hydrocarbon or fossil fuel

 

1.  There must be an electrolysis process.

2.  The electricity used must come from renewable energy, for example, solar energy and wind energy, etc., whereby there must be no emission of carbon dioxide gas throughout the production chain.

There must be applied carbon capture and storage (CCS) technology and/or carbon capture and utilization (CCU).

 

 

A1

A2

 

Chapter 7 Services and Public Utilities Businesses

 

Category

 

Conditions

 

Privileges

 

7.1.1.4 Business of producing electrical energy or electrical and steam energy from hydrogen

   

A2

 

7.39 Battery swapping station business

 

1.  There must be a proposed plan for the procurement of equipment and parts.

2.  There must be proposed an EV smart charging system development plan or a plan for connecting electric charging systems with integrated platforms or central platforms for electric charging network system management.

3.  Must comply with laws or standards and safety requirements of related agencies, for example, the Ministry of Energy, Metropolitan Electricity Authority, Provincial Electricity Authority, and Ministry of Industry, etc.

4.  The rights and privileges under Section 28 shall not be granted for a battery.

 

A3

 

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