Category Archives: News & Articles

The Department of Business Development (DBD) has issued Order of the Central Partnership and Company Registration Office No. 1/2569 (2026) (the “Order”), introducing new anti-nominee measures aimed at preventing nominee arrangements involving Thai nationals and foreign investors. The Order came into force on 1 April 2026.

This new measure reflects the DBD’s ongoing efforts to strengthen regulatory oversight and ensure compliance with Thai laws, particularly in relation to foreign participation in partnerships and limited companies.

Background

The Order was issued in response to concerns that Thai nationals have been used as nominee shareholders and Thai directors to conduct foreign businesses on behalf of foreign nationals to circumvent the Foreign Business Act B.E. 2542 (1999) (“FBA”), which may adversely affect public interests and the economic security of Thailand. To address these concerns, the DBD has introduced additional documentation requirements for certain amendments involving foreign nationals in partnerships and limited companies.

Key Requirements Under the Order

The Order introduces specific requirements depending on the type of entity and nature of the amendment.

1. Partnerships

In circumstances where all partners are Thai nationals or foreign partners previously held at least 50% of the total capital contributions and an amendment to a partnership results in the following:

• foreign partners holding less than 50% of the total capital contributions; and
• no foreign national acts as a managing partner,

the managing partner applying for the registration of such amendment must submit to the Registrar a Confirmation Letter of Genuine Investment by Thai partners.

This requirement is intended to enable the Registrar to verify that the Thai partners have made genuine investments and are not acting as nominees on behalf of foreign nationals.

2. Limited Companies

In circumstances where all authorized directors were Thai nationals and an amendment to the company results in a foreign national becoming an authorized director or a co-signatory with binding authority, whether by:

• appointing new directors; or
• changing the number or names of authorized directors,

the director applying for registration of such amendment must submit to the Registrar a Confirmation Letter of Genuine Investment by the Thai shareholders

The Confirmation Letter of Genuine Investment

The Confirmation Letter of Genuine Investment requires the managing partners or authorized directors to certify that:

• All partners or shareholders have duly invested and fully paid their capital contributions or shares;
• No Thai national is acting as a nominee on behalf of a foreign national; and
• They acknowledge potential penalties for violations under applicable laws, including the FBA, and relevant provisions of the Thai Criminal Code.

The letter also confirms that providing false information to the Registrar may result in criminal penalties.

Effective Date

The Order came into effect on 1 April 2026.  From that date onward, the Registrar may require the submission of a Confirmation Letter of Genuine Investment in applicable cases when registering amendments.

Practical Implications

Companies and partnerships intending to implement structural amendments involving foreign nationals should:

• Review proposed changes carefully;
• Prepare the required documentation in advance; and
• Ensure that shareholding and management structures comply with Thai law.

These additional requirements may affect the timeline for registration of amendments, particularly where foreign nationals are involved.

How ILCT Can Assist

ILCT continues to monitor regulatory developments affecting foreign investment and corporate structuring in Thailand. If you require assistance in reviewing your corporate structure or preparing the necessary documentation under the new Order, our team would be pleased to assist.

For further information, please contact us at law@ilct.co.th

New DBD Order Strengthening Measures Against Nominee Arrangements [Please download]

“120 Days” of Maternity Leave becomes a fundamental right for employees on maternity leave. Following the enactment of the Labour Protection Act (No. 9) B.E. 2568 (“New Act”) on November 7, 2025, female employees now entitled to 120 days of maternity leave as a statutory right. The New Act also broadens employee entitlements by including spousal and infant care leave and by increasing wage coverage during such leave periods.

The New Act will come into effect 30 days after its publication in the Royal Gazette, on December 7, 2025. Accordingly, companies, HR departments, and stakeholders should carefully review the key provisions summarized below:

Additional Amendments under the New Act

This New Act also introduces several important amendments;

• Contract employees of government organization (Section 4/1)

Contract employees of government organization are now entitled to the same rights and benefits as those provided under the Labour Protection Act and any dispute arising therefrom fall under the jurisdiction of the Labour Court.

• Annual Employer Reporting (Section 115/1)

Employers with ten (10) or more employees are required to submit an annual report detailing employment conditions and working status to the Department of Labour Protection and Welfare. This report must be filed by the end of January each year.

These amendments mark a progressive step forward in Thailand’s labour law, aligning it more closely with international standards for employee and family welfare. Employers are encouraged to review the new regulations, update internal work rules or leave policies, and implement proactive measures— thereby fostering a more inclusive and supportive workplace for all employees.

For further information or assistance, please contact us at law@ilct.co.th

A Progressive Reform: Thailand’s 2025 Labour Law Enhances Parental and Infant Care Rights [Please download]

Thailand officially published the Alcoholic Beverage Control Act (No. 2) B.E. 2568 on September 12, 2025, updating the country’s laws on alcohol sales, consumption, advertising and enforcement.

The Act will take effect 60 days after publication, on November 8, 2025.

This reform is part of Thailand’s ongoing effort to balance public health, social order and economic interests. By tightening restrictions on advertising and sponsorships, the government aims to reduce youth exposure to alcohol marketing while also giving authorities stronger tools to enforce existing rules.

Key Changes under the New Act:

Redefined Alcoholic Beverages and Marketing Communications

• Alcoholic beverages are now defined as any substance containing alcohol that can be consumed directly or mixed with other liquids, excluding drinks with an alcohol content of not more than 0.5%, as well as medicines, herbal products, psychotropic substances and narcotics.
• Marketing communications now cover all forms of sales or brand promotion, including public relations, sales promotions, product displays, event sponsorships and direct marketing.

Strict Advertising and Promotion Controls

A new Chapter 4/1 introduces far-reaching restrictions on alcohol-related advertising:

• Advertising alcoholic beverages is prohibited, except for educational purposes, factual information or public benefit messages approved by the Minister.
• Influencers and public figures are banned from using their reputation to promote alcoholic beverages.
• Cross-promotion using alcohol brand names or symbols to market other products is prohibited.
• Sponsorship of events, activities or organizations that may indirectly promote alcohol consumption is forbidden.
• News coverage or promotional activities connected to such sponsorships are also banned.

Strengthened Penalties

The Act introduces tougher penalties for violations:

• General advertising violations may result in fines of up to 100,000 baht and/or imprisonment of up to one year. Manufacturers, importers or sellers face higher penalties of up to 500,000 baht, along with daily fines until the violation is corrected.
• Selling alcohol in prohibited places or during restricted hours (from 2 p.m. to 5 p.m. and from midnight to 11 a.m.) carries fines of up to 100,000 baht and/or imprisonment of up to one year.
• Obstructing or resisting officials may result in fines of up to 50,000 baht and/or imprisonment of up to one year.

Expanded Enforcement Powers

Officials are now authorized to:

• Access the premises of manufacturers, importers or sellers during business hours.
• Inspect storage facilities, vehicles and establishments that sell or serve alcohol.
• Seize alcohol products found in violation of the Act.
• Summon individuals for testimony or request documents during investigations.

Public Health and Rehabilitation Support

The Act also emphasizes treatment and rehabilitation for individuals facing alcohol-related problems. Relevant ministries, local administrations and health organizations are tasked with funding rehabilitation programs, which may be provided by both public and private service providers.

A Comprehensive Reform

The Alcoholic Beverage Control Act (No. 2) B.E. 2568 represents the most comprehensive reform of Thailand’s alcohol regulations in more than a decade. It strengthens public health protections and enforcement capabilities, while significantly restricting the activities of businesses, advertisers and promoters.

With the Act taking effect on November 8, 2025, all stakeholders are urged to thoroughly review their operations and adapt to this stricter regulatory framework.

For further information or assistance, pl ease contact us at law@ilct.co.th

Thailand Enacts New Alcoholic Beverage Control Act to Strengthen Regulations [Please download]

The Thai government has recently introduced new tax measures that reflect its dual commitment to digital transformation and the promotion of Thailand’s soft power through art.

On August 19, 2025, the Cabinet approved a new tax measure designed to promote Thai visual arts as part of the country’s cultural diplomacy and soft power strategy.

Tax Deduction for Art Purchases

From January 1, 2025 to December 31, 2027, individuals will be entitled to claim the purchase of visual art pieces as an allowance for personal income tax.

Key Features:

1. Deduction limit: Up to THB 100,000 per tax year
2. Eligible art forms: Painting, sculpture, printmaking, and new media
3. Eligible sellers:
   • National artists, artists who have received the Sipathorn Artist Award, or artists registered with the Contemporary Visual Arts Office
   • Companies or public charity foundations/associations that sell or auction visual arts created by the specified artists
4. Required documentation: A full-format tax invoice or receipt, including details of the art piece

For Artists:

From 2025 onwards, fine art artists will be able to deduct 60% of their income as expenses for  personal income tax , a significant increase from the current expense of 30% of income. This measure applies broadly to artists across all categories.

e-Donation

The Revenue Department has announced that, starting January 1, 2026, tax-deductible donations must be made exclusively through the electronic donation system (e-Donation). This will apply to donations made to temples, foundations, associations, funds, and other eligible organizations as stipulated in the Revenue Code.

Objective of the e-Donation initiative:

• Support Thailand’s Digital Government Policy
• Provide taxpayers with a simpler, faster, and more transparent process
• Eliminate the need to retain paper receipts or evidence
• Facilitate faster tax refunds
• Reduce reliance on paper and encourage eco-friendly practices

This digital shift aims to modernize the donation process, offering both efficiency and transparency, while aligning with the government’s broader digitalization strategy.

At ILCT Ltd., we closely monitor such developments to help our clients navigate the evolving legal and tax landscape. Should you have any questions on how these measures may affect your personal or corporate tax planning, our tax and legal experts are ready to assist.

About ILCT Ltd.

ILCT Ltd. is a full-service law firm based in Bangkok, Thailand, with 59 years of experience providing comprehensive legal solutions to domestic and international clients. Our firm offers expertise across a wide spectrum of legal fields, including corporate and commercial law, mergers and acquisitions, intellectual property, dispute resolution, taxation, regulatory compliance, and foreign investment. Beyond these core areas, ILCT Ltd. delivers tailored legal services to meet the diverse needs of businesses operating in various industries, ensuring strategic, efficient, and compliant solutions in an ever-evolving legal landscape. Our multidisciplinary approach, combined with in-depth knowledge of Thai and international law, enables us to assist clients in navigating complex legal and business challenges with confidence and clarity.

For more information, please contact us at: law@ilct.co.th

New Tax Measures: Art Pieces and e-Donation [Please download]

General Overview

Since July 1, 2025, Thailand’s daily minimum wage has undergone several adjustments. The minimum daily wage has been increased depending on the province and now ranges from 337 baht to 400 baht.

The 400 baht minimum wage rate, previously limited to a few areas, now also applies to Bangkok, in addition to Chachoengsao, Chonburi, Phuket, Rayong, and Ko Samui (Surat Thani district). This brings the total to five provinces and one district where the top-tier rate is enforced.

Moreover, the 400 baht rate now applies nationwide to two specific sectors: hotels (excluding Type 1 hotels which have a maximum of 50 guest rooms) and entertainment venues as defined by Thai law.

These changes were officially announced in the Royal Gazette on June 17, 2025 and took legal effect on  July 1, 2025.

Sectoral and Geographic Expansion

The extension of the 400 baht rate to Bangkok reflects  recognition of rising living costs and increased economic activity in the capital. It also aligns the capital’s wage floor with other key industrial and tourism-driven provinces. By applying this rate to all businesses operating in the hotel and entertainment sectors, regardless of their location, the government reinforces its efforts to standardize wage protections in industries that attract both domestic and foreign capital.

The government has also standardized the 400 baht rate across the hospitality and entertainment sectors, but with an important caveat: the wage increase applies only to hotel Types 2, 3, and 4, as defined by the Hotel Act , B.E. 2547 (2004).

Hotel Classification under the Hotel Act:

• Type 1 Hotel: Provides only guest rooms, with no more than 50 guest rooms – not subject to the 400 baht rate.
• Type 2 Hotel: Provides only guest rooms with more than 50 guest rooms, or provides guest rooms and a dining room, restaurant, or kitchen.
• Type 3 Hotel: Provides guest rooms, a dining room, restaurant or kitchen, and either an entertainment venue or a conference room.
• Type 4 Hotel: Offers full services, including guest rooms, a dining room, restaurant or kitchen, an entertainment venue, and a conference room.

The nationwide 400 baht minimum does not apply to Type 1 hotels, making this an important compliance point for smaller-scale or boutique lodging operators.

Entertainment venues, on the other hand, include business places such as nightclubs, pubs, bars, karaoke lounges, and massage parlors, as defined under the Entertainment Place Act, B.E. 2509 (1966), amended by the Entertainment Place Act (N0.4), B.E. 2546 (2003).

Equally important is the government’s decision to apply the  400 baht rate to all employers operating in the hotel and entertainment sectors, nationwide. This applies regardless of business size or location and includes both domestic and migrant workers – from Cambodia, Laos, Myanmar, and Vietnam, who are registered under MOUs with the District Labor Office.

While the wage brackets remain intact, this update significantly broadens the categories of businesses and employees subject to the highest rate. Employers with multi-location operations or those in regulated sectors may need to update internal payroll systems and reallocate workforce budgets accordingly.

Strategic Considerations for Foreign Investors

For foreign investors, particularly those active in hospitality, tourism, or consumer services, the nationwide application of the 400 baht rate may have practical and financial implications. Investors considering expansion into regional Thailand must now account for a potentially higher wage floor for sector-specific activities. In Bangkok and other newly affected areas, the increased labor cost should be factored into operational planning, especially for labor-intensive enterprises.

Provincial Wage Breakdown

Thailand’s minimum daily wage rates vary from 337 baht to 400 baht depending on the location of operation. Employers should consider the minimum wage rate table, breakdown by province under Labour Law to confirm the applicable rate for each location of operation. For your reference, below are examples of the applicable wage rate of certain provinces in Thailand:

• 400 baht: Bangkok, Chachoengsao, Chonburi, Phuket, Rayong, Ko Samui (Surat Thani), and nationwide for hotels and entertainment venues
• 380 baht: Applied in districts such as Mueang Chiang Mai (Chaing Mai) and Hat Yai (Songkhla)
• 372 baht: Nakhon Pathom, Nonthaburi, Pathum Thani, Samut Prakan, and Samut Sakhon
• 337 baht: Narathiwat, Pattani, and Yala, currently have the lowest rates in the country

For more information, please contact us at: law@ilct.co.th

Thailand’s Minimum Daily Wage Update: Effective 1 July 2025 [Please download]

Cannabis Re-Criminalization in Thailand: A Legal Overview

Thailand has experienced significant legal transformation concerning cannabis regulation in recent years. Once categorized under stringent narcotic laws, cannabis moved through phases of decriminalization and, as of June 26, 2025, has now been officially re-criminalized. This article provides a structured analysis of the legal landscape surrounding cannabis in Thailand, spanning the period prior to decriminalization, the decriminalized phase, and the current re-criminalization framework.

Cannabis Policy Before 2022

Before 2022, cannabis was classified as a Category 5 narcotic under the Narcotic Act B.E. 2522 (1979). This legal classification included cannabis among Thailand’s most strictly prohibited substances, alongside opium and psilocybin mushrooms. Possession, distribution, cultivation, or consumption of cannabis constituted a criminal offense. The penalties imposed were severe, including significant monetary fines and custodial sentences. While certain medical research activities involving cannabis were allowed under tightly regulated conditions, these exceptions were rare and did not reflect a broader recognition of the plant’s medicinal potential. Cannabis was regarded by the Thai legal system primarily as a dangerous narcotic, and its use was widely stigmatized both legally and socially.

2022–2025: Decriminalization and Commercial Expansion

On June 9, 2022, Thailand became the first country in Asia to decriminalize cannabis by removing it from the controlled narcotics list. This move aimed to promote economic development, wellness applications, and agricultural innovation. Private cultivation of cannabis was permitted following official registration, and products containing less than 0.2% THC were allowed for general use. However, the lack of a comprehensive regulatory framework led to a surge in cannabis cafes and dispensaries. Although the policy officially limited use to medical and health-related purposes, the absence of prohibitions on recreational use resulted in widespread public consumption, especially among tourists and younger consumers.

Since June 26, 2025: Legal Re-Criminalization and Reinforcement of Medical-Only Use

In response to mounting concerns over public health and the proliferation of recreational cannabis use, Thailand officially reintroduced restrictive cannabis regulations, published in the Royal Gazette and effective immediately as of June 26, 2025, without interim provision to protect dispensaries. While not reclassified as a narcotic under the Narcotic Act, cannabis, specifically the flowering buds, has now been designated as a “controlled herb” under the Protection and Promotion of Thai Traditional Medicine Knowledge Act B.E. 2542 (1999).

Under the new framework, the sale, possession, and consumption of cannabis are strictly limited to certified medical purposes. A valid medical prescription issued by a licensed practitioner, valid for no more than 30 days, is required to legally obtain cannabis. Recreational use is now explicitly prohibited. Violations may result in criminal penalties, including imprisonment of up to one year and a fine of 20,000 baht.

The regulation also introduces further restrictions: online sales, vending machine distribution, and sales near schools, temples, or other sensitive areas are banned. Public smoking of cannabis remains prohibited and constitutes a public nuisance offense. Cannabis can only be consumed within licensed premises under medical supervision, and dispensaries must now employ certified medical or traditional practitioners to oversee usage.

Additionally, businesses engaged in cultivation, importation, or sale of cannabis products must comply with Good Agricultural and Collection Practices (GACP) standards and submit monthly transaction records using official forms (Phor.Tor.27, 28, and 29) to the Department of Thai Traditional and Alternative Medicine. These changes mark a significant regulatory tightening compared to the permissive environment of 2022–2025, signalling the government’s intent to reclaim control over the cannabis market and reframe its usage strictly within a medical context.

Failure to comply with these operational restrictions may result in administrative penalties, license suspension, or, in cases involving fraud or public nuisance, criminal charges under the Protection and Promotion of Thai Traditional Medicine Knowledge Act B.E. 2542 (1999).

Business Implications and Strategic Considerations

This legal shift carries profound implications for investors and operators in the cannabis sector. The rapid expansion of cannabis-related businesses between 2022 and 2025, particularly wellness and recreational dispensaries, now confronts a highly restrictive regulatory environment. Business models must be urgently revised to ensure full legal compliance, with a strict focus on medical cannabis supported by partnerships with licensed healthcare providers.

While the recreational cannabis market has effectively been dismantled, investment potential remains in pharmaceutical-grade cannabis, hospital-supply chains, and international exports permitted under the Single Convention on Narcotic Drugs (1961), as implemented through Thailand’s Narcotic Act B.E. 2522 (1979) and relevant FDA licensing regulations. The extent of the law’s impact will hinge on the rigor of enforcement and the evolution of supporting regulations. For both domestic and foreign stakeholders, thorough legal due diligence and close monitoring of policy developments will be critical to mitigating legal and financial exposure.

About ILCT Ltd.

ILCT Ltd. is a full-service law firm based in Bangkok, Thailand, with 59 years of experience providing comprehensive legal solutions to domestic and international clients. Our firm offers expertise across a wide spectrum of legal fields, including corporate and commercial law, mergers and acquisitions, intellectual property, dispute resolution, taxation, regulatory compliance, and foreign investment. Beyond these core areas, ILCT Ltd. delivers tailored legal services to meet the diverse needs of businesses operating in various industries, ensuring strategic, efficient, and compliant solutions in an ever-evolving legal landscape. Our multidisciplinary approach, combined with in-depth knowledge of Thai and international law, enables us to assist clients in navigating complex legal and business challenges with confidence and clarity.

For more information, please contact us at: law@ilct.co.th

Thailand’s Legal Reversal on Cannabis: Restriction to Medical Use Only [Please download]

On June 17, 2025, the Thai Cabinet approved a major tax measure aimed at promoting Thailand as a leading digital asset hub in the world. This reform introduces a clear and strategic fiscal incentive designed to stimulate investment, attract digital asset platforms, and enhance Thailand’s competitive position in the global crypto economy. With growing regional competition and the increasing adoption of blockchain-based financial products, the Thai government is seeking to modernize its regulatory framework and offer concrete benefits to both local and international participants in the digital asset space.

Scope and Conditions of the Tax Exemption

The core of the reform lies in a sweeping exemption from personal income tax on capital gains derived from the sale of digital assets, which are cryptocurrencies and digital tokens. This tax measure will be effective from January 1, 2025, to December 31, 2029, establishing a five-year period during which qualifying gains will be fully exempt from personal income tax. The declared objective of the policy is to support the growth of Thailand’s digital economy by attracting both retail and institutional players into its regulated market.

To benefit from this exemption, individual investors must meet one essential condition : the sale of the digital assets must occur through an operator licensed under the Digital Asset Business Operation Law. This includes three types of regulated entities : digital asset exchanges, digital asset brokers, and digital asset dealers. Only transactions processed through these authorized platforms will be eligible for the exemption. This condition is critical to the policy’s design, as it ensures that tax benefits are tied to regulatory compliance, investor protection, and traceability. It also incentivizes market participants to operate within Thailand’s legal infrastructure, reinforcing the country’s position as a responsible and innovation-friendly jurisdiction.

Previous Tax Framework

This new framework marks a significant departure from the previous tax regime. Prior to this reform, capital gains from digital asset sales were subject to a 15% withholding tax, automatically deducted at the time of the transaction. Moreover, net capital gains after deducting capital losses had to be included in the taxpayer’s annual personal income tax return. This could expose individuals to further taxation based on Thailand’s progressive income tax brackets, which range from 0% to 35%.

By contrast, the new measure removes both the withholding obligation and the requirement to declare such gains, provided the transactions meet the specified regulatory criteria. This simplification not only reduces the tax burden on compliant investors but also clarifies their obligations and minimizes the risk of non-compliance.

The reform also signals a shift in tone: from passive regulation to active promotion of digital asset innovation. It reflects an understanding that tax policy is not just a tool for revenue generation, but also a lever for economic strategy. For investors and crypto-native businesses, this means a renewed opportunity to enter or expand operations in Thailand with greater certainty, lower cost, and legal clarity.

However, the opportunity comes with responsibility. Investors must ensure that all transactions are conducted through approved operators and maintain accurate records of their activities. For professionals involved in fund structuring, token offerings, or advisory services, understanding the nuances of the new system is essential to properly guide clients and assess eligibility.

About ILCT Ltd.

ILCT Ltd. is a full-service law firm based in Bangkok, Thailand, with 59 years of experience providing comprehensive legal solutions to domestic and international clients. Our firm offers expertise across a wide spectrum of legal fields, including corporate and commercial law, mergers and acquisitions, intellectual property, dispute resolution, taxation, regulatory compliance, and foreign investment. Beyond these core areas, ILCT Ltd. delivers tailored legal services to meet the diverse needs of businesses operating in various industries, ensuring strategic, efficient, and compliant solutions in an ever-evolving legal landscape. Our multidisciplinary approach, combined with in-depth knowledge of Thai and international law, enables us to assist clients in navigating complex legal and business challenges with confidence and clarity.

For more information, please contact us at: law@ilct.co.th

Thailand’s 2025 Digital Asset Tax Reform: Key Implications for Investors and Platforms [Please download]

Before entering Thailand, it’s important to understand the differences between Non-Immigrant B & Non-Immigrant O Visas.

While the Non-Immigrant B Visa is ideal for professionals, teachers and entrepreneurs, the Non-Immigrant O Visa is designed for spouses, parents of Thai citizens, retirees and volunteers.

We’ve also listed for you the most common mistakes made when applying for a visa, a legal review can save you time, money, and trouble !

Thailand has many doors, but the right key matters. Which visa path are you considering ?

Living in Thailand as an Expat : Key Differences between Non-Immigrant B and O Visas

Bangkok’s 2026 Pet Law: What Pet Owners and Landlords Must Know

The Ordinance on Animal Keeping and Release Control B.E. 2567, issued in 2024, will come into force on 10 January 2026. This new regulation, introduced by the Bangkok Metropolitan Administration (BMA), seeks to establish a comprehensive legal framework for responsible pet ownership in the capital. Aimed at improving public hygiene, reducing stray animal populations, and preventing the transmission of diseases such as rabies, the ordinance introduces a range of obligations for pet owners and strengthens the enforcement powers of local authorities.

Pet Registration, Identification, and Public Services

A central aspect of the new regulation is the mandatory registration and microchipping of all dogs and cats residing in Bangkok. Owners must register their dogs and cats within 120 days of birth or within 30 days of bringing the animal into the city. The documentation required includes proof of identity and residence, a rabies vaccination certificate, and a sterilisation certificate if available. Microchipping is also compulsory and must be performed by a licensed veterinarian. The microchip must be linked to the owner’s information, thereby enhancing traceability and accountability.

To facilitate compliance, the BMA has activated several support services through its municipal veterinary clinics. These services, provided free of charge in selected facilities, include pet registration, microchipping, rabies vaccination, and sterilisation. The BMA also plans to collaborate with mobile veterinary clinics and animal welfare groups to enhance outreach, ensure broader access to services, and promote public awareness on responsible pet ownership.

In the event of a registered pet’s death, the ordinance does not explicitly require owners to report it or prescribe specific procedures for carcass disposal. However, it is advisable for owners to notify their local district office to ensure that registration records remain accurate, particularly given the numerical caps per property that may affect future registrations. Additionally, owners are encouraged to handle the remains in a sanitary and environmentally responsible manner, which may involve burial on private property, cremation, or coordination with veterinary clinics or municipal services, in accordance with applicable local regulations.

Property-Based Restrictions and Legal Implications

The ordinance imposes specific limits on the number of dogs and cats that may be kept within a property, based on its size:

• • For apartments ranging from 20 to 80 square metres, a maximum of one dog or cat is permitted.
  • Apartments larger than 80 square metres may accommodate up to two dogs or cats.
  • Land plots up to 20 square wah (approximately 80 m²) may host two dogs or cats, increasing progressively to six for properties exceeding 100 square wah.

These provisions aim to prevent overcrowding and reduce hygiene risks and animal-related disturbances in residential areas.

Importantly, different rules apply to other species. For example:

• • Small birds may be kept at a density of up to five per square metre.
  • Large birds, such as ostriches, require at least 50 square metres per animal.
  • Poultry (e.g. chickens, ducks, geese) are limited to one per four square metres.
  • Small mammals, including goats, sheep, pigs, and ponies, may be kept at a rate of three animals per 200 square metres.
  • Large mammals, such as cows, buffaloes, deer, and horses, require a minimum of 200 square metres per animal.
  • Aquatic animals, such as fish, are not subject to numeric limits but must be maintained in sanitary conditions that do not create a nuisance to others.

These restrictions may also require updates to rental contracts and condominium bylaws to ensure alignment with the new regulatory framework. Furthermore, the ordinance reinforces the civil liability of pet owners in the event of damage or injury caused by their animals, potentially impacting insurance policies and legal risk assessments for both owners and property managers.

The enforcement of these provisions will fall under the responsibility of the Bangkok Metropolitan Administration, primarily through the Department of Veterinary Services and local district offices. These authorities will oversee pet registration, conduct inspections, and ensure overall compliance. Their enforcement role is further supported by partnerships with civil society actors and specialised agencies.

Public Conduct Rules and Specific Handling Requirements

All pet owners are required to maintain control over their animals in public areas. This includes the mandatory use of a leash, prohibition against leaving animals unattended, and the obligation to remove animal waste immediately. Animals must not cause a nuisance or pose any threat to the public.

In addition, the ordinance introduces specific regulatory measures for certain dog breeds classified by authorities as requiring specific handling protocols due to their physical capabilities and strength. These breeds include the Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier, Rottweiler, and Fila Brasileiro. Owners of these breeds must obtain special authorisation and adhere to stricter conditions: the animals must wear a muzzle and be kept on a leash not exceeding 50 cm in length when in public. Furthermore, they may only be handled by individuals aged between 10 and 65 years. These measures are designed to ensure the safety of both the animals and the wider community, without discriminating against specific breeds.

Non-compliance with the ordinance may result in substantial penalties. Failure to register or microchip a pet within the prescribed timeframe can lead to fines of up to 25,000 baht. Similarly, violations such as allowing pets to roam freely without a leash or failing to clean up waste in public areas are also subject to financial penalties, depending on the severity of the infraction.

Transitional Provisions and Community Impact

The ordinance includes transitional provisions allowing current owners who exceed the permitted number of animals to retain them, provided they are duly registered and do not cause disruption to the community. To remain in compliance, these owners must notify their local district office by 9 April 2026. Failure to do so may result in inspections and potential enforcement measures. Owners will be allowed to retain their animals provided they regularise their position within the timeframe stipulated by the BMA.

This clause balances regulatory enforcement with the protection of existing pet ownership arrangements, encouraging compliance without excessive disruption.

In sum, the Ordinance on Animal Keeping and Release Control B.E. 2567 (2024) represents a significant shift in Bangkok’s approach to pet regulation. It imposes structured responsibilities on pet owners while providing a framework that enhances animal welfare and public safety. Legal practitioners, landlords, and residents should familiarise themselves with its provisions to ensure full compliance and mitigate the risk of administrative or legal complications.

About ILCT Ltd.

ILCT Ltd. is a full-service law firm based in Bangkok, Thailand, with over 50 years of experience providing comprehensive legal solutions to domestic and international clients. Our firm offers expertise across a wide spectrum of legal fields, including corporate and commercial law, mergers and acquisitions, intellectual property, dispute resolution, taxation, regulatory compliance, and foreign investment. Beyond these core areas, ILCT Ltd. delivers tailored legal services to meet the diverse needs of businesses operating in various industries, ensuring strategic, efficient, and compliant solutions in an ever-evolving legal landscape. Our multidisciplinary approach, combined with in-depth knowledge of Thai and international law, enables us to assist clients in navigating complex legal and business challenges with confidence and clarity.

For more information, please contact us at: law@ilct.co.th

Bangkok’s 2026 Pet Law: What Pet Owners and Landlords Must Know [please download]

Background and Legal Framework

Since the promulgation and enactment of the Labor Protection Act in 1998, employees and employers alike have been anticipating the implementation of the regulations concerning the establishment of the Employee Welfare Fund, provided under Chapter 13 of the Labor Protection Act and under the purview of the Department of Labor Protection and Welfare.

In November 2024, the Employee Welfare Fund regulations were published in the Royal Gazette, providing a legal framework for the long-awaited Employee Welfare Fund and imposing a legal requirement for employers meeting the specific criteria to make contributions to the Employee Welfare Fund, originally scheduled to take effect on 1 October 2025. However, pursuant to the Ministerial Regulation on Employee Welfare Fund Contributions (No. 2) B.E. 2568 (2025), the effective date for mandatory contributions has been postponed. In consideration of the prevailing economic conditions, the commencement date has been deferred by one year, now set to begin on 1 October 2026.  The implementation of the Employee Welfare Fund, once in effect, will provide protection for employees in cases of death, termination of employment, retirement, and other specific scenarios provided by the newly published Ministerial Regulations. This article aims to summarize the key points of the regulations, with particular emphasis on the duties of employers who will be obligated to comply once the enforcement date takes effect.

Scope of Application and Employer Obligations

As the Ministerial Regulations on Employee Welfare Fund Contributions, B.E. 2567 (2024) were promulgated under the power of Section 130 of the Labor Protection Act, the businesses required to enroll their employees in accordance with Section 130 are as follows:

• Businesses with more than ten employees
• Businesses with fewer than ten employees, as prescribed by Royal Decree

The above shall not apply to employers who have already established a provident fund pursuant to the Provident Fund Act, provided that such fund is duly registered and fully compliant with the requirements prescribed under the Act, including minimum contribution rates, governance obligations, and reporting standards. Employers whose internal funds do not meet these criteria would not be exempt from contributing to the Employee Welfare Fund. Although the law appears to require that employers subscribe to this social welfare fund for those employees who are not members of the company provident fund (whether by choice or otherwise), a labor official at a seminar stated that the Department of Labor Protection and Welfare would issue further clarification on this point. It also remains to be clarified whether this welfare scheme applies to registered migrant workers, who represent a significant portion of the workforce in Thailand and are typically covered under national social protection systems.

Contribution Rates and Payment Mechanism

The Ministerial Regulations on Employee Welfare Fund Contributions B.E. 2567 (2024) also include provisions governing the rates of Contributions and Supplementary Contributions that both employers and employees who are members of the Employee Welfare Fund must contribute. Under the original Ministerial Regulations, the contribution rates were fixed at a monthly rate of 0.25% of the individual employee’s salary for both employers and employees, increasing to 0.5% thereafter. However, after the Ministerial Regulations on Employee Welfare Fund Contributions (No.2) B.E. 2568 (2025) were enacted to amend the commencement date of the collection. Pursuant to these amendments, the initial five-year will start from 1 October 2026 until 30 September 2031, during which the contribution rate will remain at 0.25%, consistent with the first announcement. From 1 October 2031 onwards, the rate will increase to 0.5%. The regulations further established guidelines for contributions. Of particular importance is the requirement that employees’ contributions shall be deducted before salary payments and deposited directly into the Employee Welfare Fund through the appropriate governmental channel.

Sanctions for Non-Compliance and Recommended Employer Action

Employers subject to this legal requirement should consider and review the regulations carefully as any failure to contribute will result in a penalty of 5% on the contribution amount, the supplementary contributions and/or the deficient amount, not including other penalty related to the filing of the relevant documentation. Additionally, the labor inspector may also issue an order to rectify any non-compliance with the law which, if not cured, may result in criminal prosecution of the employer or the directors, in the case the employer is a juristic person. In response to the new enactment of the Ministerial Regulations, employers should check and review their work rules to ensure that  their provident funds have already been implemented in their workplaces; If not,  the employers must comply with the new Employee Welfare Fund regulations once they take effect on 1 October 2026. This extension provides employers with sufficient time to prepare and make the necessary adjustments to their internal policies in advance of the regulations coming into effect.

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New Thai Welfare Fund Regulations : Key Obligations for Employers [please download]