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INVESTMENT PROMOTION AND INCENTIVES
FOR
10 TARGETED INDUSTRIES
IN
THE EASTERN ECONOMIC CORRIDOR
AND
INFRASTRUCTURE PROJECTS OF THAILAND
Kowit Somwaiya
Managing Partner
LawPlus Ltd.
China Investment Association, Beijing, China
18 October 2018
1
The information provided in this document is general in nature and may not
apply to any specific situation. Specific advice should be sought before taking
any action based on the information provided. Under no circumstances shall
LawPlus Ltd. or any of its directors, partners and lawyers be liable for any
direct or indirect, incidental or consequential loss or damage that results from
the use of or the reliance upon the information contained in this document.
Copyright © 2018 LawPlus Ltd.
2
Kowit Somwaiya
Founder and Managing Partner, LawPlus Ltd.
Founder and Managing Partner, LawPlus Myanmar Ltd.
Vice President, IPAT
Board Member, INTA
• B.A. (Education – English), Ubon Ratchathani Rajbhat University, Thailand
• LL.B., Thammasat University, Thailand
• LL.M., University of Illinois, USA
• Certificate of Instruction for Lawyers, Harvard Law School, USA
3
www.lawplusltd.com
● Established in 2003
● Professional, Practical, Prompt, Pro-active
● Major practices
- Banking and finance
- Corporate and M&A
- FDI and investment promotion
- IP and ICT
- Dispute resolution and litigation
● Rankings:
4
 Thailand Geography and Statistics
 Eastern Economic Corridor (EEC) Overview
 EEC Act B.E. 2561 (A.D. 2018)
 EEC Policy Committee, EEC Office and EEC Blueprint
 Special Economic Promotion Zones (SEPZ)
 Incentives Granted to Projects in SEPZ
 Infrastructure Projects in the EEC Area
 Investment Projects in Thailand and EEC
Presentation Topics
5
Thailand – Geography and Statistics
•source: http://www.operationworld.org/thai
Land Area: 513,115 sq km
Capital: Bangkok
Population: 69 million
GDP (Nominal) 2018 Estimate
- Total: US$514.700 billion
- Per capita: US$7,588
Per capita income (2017):
US$6,593.82
source: http://www.operationworld.org/thai
6
EEC Overview (1)
 EEC
• is for the “Thailand 4.0” industry development.
• is to revitalize and enhance the Eastern
Seaboard Development Program.
• Initially covers 3 provinces:
(1) Chachoengsao
(2) Chonburi
(3) Rayong
 EEC promotes 10 targeted industries.
Source: https://www.eeco.or.th/en/
7
 Ten Targeted Industries
Next-Generation Automotive (6) Robotics
Smart Electronics (7) Aviation and Logistics
Affluent, Medical and (8)
Wellness Tourism
Agriculture and Biotechnology (9) Digital Technology
Food for the Future (10 Medical Hub
 Circular industry to be added as 11th targeted industry.
EEC Overview (2)
Biofuels and Bio-chemicals
8
 Enacted by the National Legislation Assembly, published in the Government
Gazette on 14th May 2018 and came into force on 15th May 2018.
 General requirements and procedures for promoting, facilitating and enhancing
competitiveness of Thailand’s economy.
 Specific objectives:-
(1) developing environmental friendly economic activities
(2) providing one-stop services by the Government to reduce obstacles and costs of doing
business
(3) developing basic, effective and continued public utilities accessible to all and completely
connected
(4) specifying types of land use in compliance with the principle of sustainable development
(5) developing cities to be internationally modern, convenient, safe and widely accessible.
EEC Act B.E. 2561 (A.D. 2018)
9
 EEC Policy Committee
• chaired by the Prime Minister
• grants licenses and permits in place of other government authorities.
 EEC Office
• implements the EEC Act.
• located in Bangkok.
 EEC Blueprint
• EEC Development Master Policy and Plan consisting of:-
(1) the land use plan
(2) the infrastructure development plan
(3) the project plan
(4) the government service plan
• prepared by the EEC Office
• approved by the EEC Policy Committee in July 2018.
 Detailed land use plan and detailed infrastructure plan
• being prepared by relevant government offices
• to be completed within July 2019
EEC Policy Committee, EEC Office and EEC Blueprint
10
 Located in the EEC area.
 Approved by EEC Policy Committee.
 As of September 2018, 24 SEPZs have been approved for the EEC.
Special Economic Promotion Zones (SEPZ)
Source: https://www.eeco.or.th/en/
11
Approved SEPZ
 EEC Aviation City (EECa)
• U-Tapao International Airport
• Aircraft MRO Center
• Regional aviation hub
 EEC of Innovation (EECi)
• Wangchan Valley in Rayong
• Space Inspirium in Sriracha District, Chonburi
• Community and industry of R&D and innovation
 EEC Digital Park (EECd)
• Sriracha District in Chonburi
• Digital infrastructures
• ASEAN Regional Data Hub
 Industrial Promotional Zones
• Map Ta Phut Industrial Estate
• Hemaraj Eastern Seaboard Industrial Estate No. 4
• Several other “Smart” industrial parks
Chachoengsao
1 SEPZ
Rayong
9 SEPZs
Chonburi
14 SEPZs
12
 Tax Exemption and Reduction
• Maximum tax exemption
• Maximum tax reduction
• Under the investment promotion law
• Under the law on enhancement of competitiveness for the targeted
industries.
 Exemption and Reduction of Customs Duties
• Exemption of customs duties.
• Reduction of customs duties
• For import to and export from the EEC area.
Incentives Granted to Projects in SEPZ (1)
13
 Real Property Ownership and Long-Term Lease
• Foreigner investing in SEPZ can own land for business operation and own
condominium for residential purpose.
• Lease and sublease of land and other immovable properties in SEPZ can
have a term of 50 years plus one-time renewal for not more than 49 years.
 Visa and Work Permit
• Non-Thai executives, specialists and skilled employees can
– work for businesses in SEPZ without a work permit
– have their spouses and dependents exempted from immigration law
requirements.
• Licensed foreign professionals can
– practice in the SEPZ
– subject to the requirements and conditions to be imposed by the EEC Policy
Committee.
Incentives Granted to Projects in SEPZ (2)
14
 Exemption from compliance with the exchange control law in whole or in part for
business operators.
 Payment of goods and services in the EEC area can be made in foreign
currencies.
 EEC Policy Committee has power to
• Grant licenses and permits under laws on building control, factory, etc. in
place of officials in charge of such laws.
• Grant other rights and privileges under the investment promotion law
and the law on enhancement of competitiveness for the targeted
industries on a case-by-case basis.
Incentives Granted to Projects in SEPZ (3)
15
Infrastructure Projects in the EEC Area
 220 KMs High Speed Train to link
• Don Muang International Airport
• Suvarnabhumi International Airport
• U-Tapao International Airport
 Double-Track Railway to link Laem Chabang, Map Ta Phut and Sattahip Sea
Ports with industrial zones nationwide.
 U-Tapao International Airport upgrade for 60 million passengers per year.
 Laem Chabang Sea Port Phase 3 expansion to handle 18 million TEU
containers and 3 million cars per year.
 Map Ta Phut Deep-Sea Port Phase 3 expansion to handle more liquid
materials and natural gas.
 TG MRO Center at U-Tapao for aircraft maintenance, repair and overhaul.
16
Infrastructure Projects in the EEC Area
http://thaiembdc.org/eastern-economic-corridor-eec/
17
Investment Projects in Thailand 2017
 1,227 projects (THB625.080 billion)
 588 projects (THB201.627 billion) of 10 targeted industries
Projects Values
(Million Baht)
52 31,953
7 2,762
209 4,614
5 775
32 7,119
Values
(Million Baht)
Projects
52,886 32
36,726 78
17,371 67
19,890 82
26,981 32
Picture from : https://medium.freecodecamp.org/creating-grid-map-for-thailand-397b53a4ecf
** Information from : http://www.boi.go.th/upload/overviewpromotionandstat2017_th_24131.pdf
18
Investment Projects in EEC 2017
 259 projects (THB310.337 billion)
• Chonburi – 133 projects (THB117.311 billion)
• Rayong – 93 projects (THB162.751 billion)
• Chachoengsao – 33 projects (THB30.275 billion)
Projects Projects
27 25
11 21
5 7
13 6
2 104
& OTHERS
19
Unit 1401, 14th Floor, 990 Abdulrahim Place, Rama IV Road, Bangkok 10500, Thailand
Tel. +66 (0)2 636 0662, Fax +66 (0)2 636 0663
www.lawplusltd.com

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Investment Promotion and Incentives in the EEC

  • 1. 0 INVESTMENT PROMOTION AND INCENTIVES FOR 10 TARGETED INDUSTRIES IN THE EASTERN ECONOMIC CORRIDOR AND INFRASTRUCTURE PROJECTS OF THAILAND Kowit Somwaiya Managing Partner LawPlus Ltd. China Investment Association, Beijing, China 18 October 2018
  • 2. 1 The information provided in this document is general in nature and may not apply to any specific situation. Specific advice should be sought before taking any action based on the information provided. Under no circumstances shall LawPlus Ltd. or any of its directors, partners and lawyers be liable for any direct or indirect, incidental or consequential loss or damage that results from the use of or the reliance upon the information contained in this document. Copyright © 2018 LawPlus Ltd.
  • 3. 2 Kowit Somwaiya Founder and Managing Partner, LawPlus Ltd. Founder and Managing Partner, LawPlus Myanmar Ltd. Vice President, IPAT Board Member, INTA • B.A. (Education – English), Ubon Ratchathani Rajbhat University, Thailand • LL.B., Thammasat University, Thailand • LL.M., University of Illinois, USA • Certificate of Instruction for Lawyers, Harvard Law School, USA
  • 4. 3 www.lawplusltd.com ● Established in 2003 ● Professional, Practical, Prompt, Pro-active ● Major practices - Banking and finance - Corporate and M&A - FDI and investment promotion - IP and ICT - Dispute resolution and litigation ● Rankings:
  • 5. 4  Thailand Geography and Statistics  Eastern Economic Corridor (EEC) Overview  EEC Act B.E. 2561 (A.D. 2018)  EEC Policy Committee, EEC Office and EEC Blueprint  Special Economic Promotion Zones (SEPZ)  Incentives Granted to Projects in SEPZ  Infrastructure Projects in the EEC Area  Investment Projects in Thailand and EEC Presentation Topics
  • 6. 5 Thailand – Geography and Statistics •source: http://www.operationworld.org/thai Land Area: 513,115 sq km Capital: Bangkok Population: 69 million GDP (Nominal) 2018 Estimate - Total: US$514.700 billion - Per capita: US$7,588 Per capita income (2017): US$6,593.82 source: http://www.operationworld.org/thai
  • 7. 6 EEC Overview (1)  EEC • is for the “Thailand 4.0” industry development. • is to revitalize and enhance the Eastern Seaboard Development Program. • Initially covers 3 provinces: (1) Chachoengsao (2) Chonburi (3) Rayong  EEC promotes 10 targeted industries. Source: https://www.eeco.or.th/en/
  • 8. 7  Ten Targeted Industries Next-Generation Automotive (6) Robotics Smart Electronics (7) Aviation and Logistics Affluent, Medical and (8) Wellness Tourism Agriculture and Biotechnology (9) Digital Technology Food for the Future (10 Medical Hub  Circular industry to be added as 11th targeted industry. EEC Overview (2) Biofuels and Bio-chemicals
  • 9. 8  Enacted by the National Legislation Assembly, published in the Government Gazette on 14th May 2018 and came into force on 15th May 2018.  General requirements and procedures for promoting, facilitating and enhancing competitiveness of Thailand’s economy.  Specific objectives:- (1) developing environmental friendly economic activities (2) providing one-stop services by the Government to reduce obstacles and costs of doing business (3) developing basic, effective and continued public utilities accessible to all and completely connected (4) specifying types of land use in compliance with the principle of sustainable development (5) developing cities to be internationally modern, convenient, safe and widely accessible. EEC Act B.E. 2561 (A.D. 2018)
  • 10. 9  EEC Policy Committee • chaired by the Prime Minister • grants licenses and permits in place of other government authorities.  EEC Office • implements the EEC Act. • located in Bangkok.  EEC Blueprint • EEC Development Master Policy and Plan consisting of:- (1) the land use plan (2) the infrastructure development plan (3) the project plan (4) the government service plan • prepared by the EEC Office • approved by the EEC Policy Committee in July 2018.  Detailed land use plan and detailed infrastructure plan • being prepared by relevant government offices • to be completed within July 2019 EEC Policy Committee, EEC Office and EEC Blueprint
  • 11. 10  Located in the EEC area.  Approved by EEC Policy Committee.  As of September 2018, 24 SEPZs have been approved for the EEC. Special Economic Promotion Zones (SEPZ) Source: https://www.eeco.or.th/en/
  • 12. 11 Approved SEPZ  EEC Aviation City (EECa) • U-Tapao International Airport • Aircraft MRO Center • Regional aviation hub  EEC of Innovation (EECi) • Wangchan Valley in Rayong • Space Inspirium in Sriracha District, Chonburi • Community and industry of R&D and innovation  EEC Digital Park (EECd) • Sriracha District in Chonburi • Digital infrastructures • ASEAN Regional Data Hub  Industrial Promotional Zones • Map Ta Phut Industrial Estate • Hemaraj Eastern Seaboard Industrial Estate No. 4 • Several other “Smart” industrial parks Chachoengsao 1 SEPZ Rayong 9 SEPZs Chonburi 14 SEPZs
  • 13. 12  Tax Exemption and Reduction • Maximum tax exemption • Maximum tax reduction • Under the investment promotion law • Under the law on enhancement of competitiveness for the targeted industries.  Exemption and Reduction of Customs Duties • Exemption of customs duties. • Reduction of customs duties • For import to and export from the EEC area. Incentives Granted to Projects in SEPZ (1)
  • 14. 13  Real Property Ownership and Long-Term Lease • Foreigner investing in SEPZ can own land for business operation and own condominium for residential purpose. • Lease and sublease of land and other immovable properties in SEPZ can have a term of 50 years plus one-time renewal for not more than 49 years.  Visa and Work Permit • Non-Thai executives, specialists and skilled employees can – work for businesses in SEPZ without a work permit – have their spouses and dependents exempted from immigration law requirements. • Licensed foreign professionals can – practice in the SEPZ – subject to the requirements and conditions to be imposed by the EEC Policy Committee. Incentives Granted to Projects in SEPZ (2)
  • 15. 14  Exemption from compliance with the exchange control law in whole or in part for business operators.  Payment of goods and services in the EEC area can be made in foreign currencies.  EEC Policy Committee has power to • Grant licenses and permits under laws on building control, factory, etc. in place of officials in charge of such laws. • Grant other rights and privileges under the investment promotion law and the law on enhancement of competitiveness for the targeted industries on a case-by-case basis. Incentives Granted to Projects in SEPZ (3)
  • 16. 15 Infrastructure Projects in the EEC Area  220 KMs High Speed Train to link • Don Muang International Airport • Suvarnabhumi International Airport • U-Tapao International Airport  Double-Track Railway to link Laem Chabang, Map Ta Phut and Sattahip Sea Ports with industrial zones nationwide.  U-Tapao International Airport upgrade for 60 million passengers per year.  Laem Chabang Sea Port Phase 3 expansion to handle 18 million TEU containers and 3 million cars per year.  Map Ta Phut Deep-Sea Port Phase 3 expansion to handle more liquid materials and natural gas.  TG MRO Center at U-Tapao for aircraft maintenance, repair and overhaul.
  • 17. 16 Infrastructure Projects in the EEC Area http://thaiembdc.org/eastern-economic-corridor-eec/
  • 18. 17 Investment Projects in Thailand 2017  1,227 projects (THB625.080 billion)  588 projects (THB201.627 billion) of 10 targeted industries Projects Values (Million Baht) 52 31,953 7 2,762 209 4,614 5 775 32 7,119 Values (Million Baht) Projects 52,886 32 36,726 78 17,371 67 19,890 82 26,981 32 Picture from : https://medium.freecodecamp.org/creating-grid-map-for-thailand-397b53a4ecf ** Information from : http://www.boi.go.th/upload/overviewpromotionandstat2017_th_24131.pdf
  • 19. 18 Investment Projects in EEC 2017  259 projects (THB310.337 billion) • Chonburi – 133 projects (THB117.311 billion) • Rayong – 93 projects (THB162.751 billion) • Chachoengsao – 33 projects (THB30.275 billion) Projects Projects 27 25 11 21 5 7 13 6 2 104 & OTHERS
  • 20. 19 Unit 1401, 14th Floor, 990 Abdulrahim Place, Rama IV Road, Bangkok 10500, Thailand Tel. +66 (0)2 636 0662, Fax +66 (0)2 636 0663 www.lawplusltd.com