Best Board of Investment (BOI) Lawyers in Bueng Kum

About Board of Investment (BOI) Law in Bueng Kum, Thailand

The Thailand Board of Investment is a national agency that promotes and regulates investment across the country. Bueng Kum is a district of Bangkok, so BOI rules apply in the same way as anywhere else in Thailand, with local Bangkok permissions layered on top. The BOI offers incentives to qualifying projects such as corporate income tax holidays, import duty exemptions on machinery and raw materials, permission for majority or 100 percent foreign ownership in many sectors, the right for promoted companies to own land for the project, and fast-track visas and work permits through a BOI single window.

The legal foundation is the Investment Promotion Act B.E. 2520 and subsequent amendments, combined with BOI notifications that define eligible activities and the scope of incentives. The BOI evaluates projects on criteria such as activity type, technology level, value creation, expenditure, environmental impact, and benefits to Thailand.

In Bueng Kum and greater Bangkok, promoted activities typically include service and tech-driven projects such as software development, digital platforms, R and D, engineering and design, regional support services, and some light activities suitable for urban zoning. Heavy manufacturing is generally directed to industrial zones outside central Bangkok due to planning and environmental rules.

Why You May Need a Lawyer

Determining eligibility and choosing the correct BOI activity code often requires legal and strategic analysis. A lawyer can assess whether your planned business fits a promoted category and whether Bangkok location is feasible under zoning and environmental rules.

Structuring foreign ownership is a common issue. Thailand’s Foreign Business Act restricts foreign ownership in many service businesses. BOI promotion can allow majority or full foreign ownership for certain activities, but the interplay with the Foreign Business Act and the need for a foreign business certificate must be managed carefully.

Preparing the application package is documentation-heavy. A lawyer can help with feasibility studies, technology descriptions, capital plans, and meeting sector-specific conditions. Errors can cause delays or rejections.

Company formation and licensing must align with the BOI project. Legal counsel coordinates incorporation, share structure, objectives, and corporate governance with Department of Business Development filings and BOI conditions.

Visas and work permits for foreign experts are streamlined under BOI, but they still require strict compliance. Legal support reduces processing time and risk of non-compliance with immigration and employment laws.

Post-approval compliance is ongoing. Lawyers help you maintain reporting, milestone obligations, machinery import procedures, tax incentive conditions, and handle changes such as expansions, relocation, shareholder changes, or mergers.

If disputes arise with agencies or counterparties, or if the BOI reviews your compliance, legal representation protects your incentives and business continuity.

Local Laws Overview

Investment Promotion Act B.E. 2520 and amendments. This is the primary BOI law that empowers the Board to grant incentives and set conditions. BOI notifications define eligible activities, criteria, and incentive packages.

Foreign Business Act B.E. 2542. Restricts foreign participation in listed service businesses. BOI promotion can allow foreign majority ownership and facilitate a foreign business certificate related to the promoted activity. Activities outside the promoted scope may still require a foreign business license.

Civil and Commercial Code and Department of Business Development rules. Govern company incorporation, director powers, capital structure, and filings. BOI projects must be aligned with company objectives and registered capital commitments.

Revenue Code and BOI tax incentives. Corporate income tax exemptions are activity-based and time-limited, commonly up to 8 years in many categories, with longer periods possible for strategic high-technology projects per BOI announcements. Additional tax benefits can include reductions and deductions. Compliance with transfer pricing, withholding, VAT, and specific BOI reporting is essential.

Customs Act and import duty regulations. BOI machinery and raw material import duty exemptions require pre-approval, proper HS classifications, and strict inventory controls and reporting.

Employment laws and immigration. The Labour Protection Act, Social Security Act, and the Immigration Act B.E. 2522 apply. The management of foreign workers is governed by the Royal Decree on Managing the Work of Aliens B.E. 2560 and amendments. BOI companies use the BOI single window for visas and work permits, subject to qualifications and job descriptions.

Bangkok Metropolitan Administration rules. In Bueng Kum, building control, signboard tax, office use approvals, and any renovations require compliance with the Building Control Act B.E. 2522 and local BMA ordinances. Fire and safety certifications may be required for certain premises.

Factory and environmental rules. The Factory Act B.E. 2535 and EIA framework apply to industrial activities. Most heavy industrial facilities will not be permitted in Bueng Kum due to zoning and environmental considerations. Light or office-based activities are typically suitable for Bangkok districts.

Data protection and IP. The Personal Data Protection Act B.E. 2562 applies to digital and service businesses. Patents, trademarks, and copyright laws protect technology and branding used in BOI projects.

Competition and sector regulators. Depending on the business, the Trade Competition Act B.E. 2560 and sector-specific regulators may impose additional rules.

Frequently Asked Questions

What is a BOI promotion and what does it provide?

A BOI promotion is an approval granted under the Investment Promotion Act that offers incentives to qualifying projects. Typical benefits include tax holidays on corporate income tax for a defined period, import duty exemptions on machinery and raw materials, permission for majority or 100 percent foreign ownership for the promoted activity, land ownership rights for the project, and fast-track visas and work permits. Conditions apply and benefits vary by activity and location.

Can a foreigner own 100 percent of a BOI company in Bueng Kum?

Yes, for many promoted activities the BOI permits majority or full foreign ownership. This is tied to the scope of the promoted activity. If the company engages in non-promoted activities, those may still be subject to the Foreign Business Act and could require a foreign business license.

Do I still need a Foreign Business License if I have BOI promotion?

Often no for the specific promoted activity. BOI promotion typically enables issuance of a foreign business certificate for that scope. However, any services or business lines outside the promoted scope may require a foreign business license. A careful activity-by-activity review is essential.

What incentives are available and how long do they last?

Incentives vary by activity. Many projects receive corporate income tax exemptions for up to 8 years, with possible extensions or additional reductions for strategic or high-technology projects as announced by the BOI. Other benefits can include duty exemptions, non-tax support measures, and streamlined regulatory processes. The exact package depends on the project’s classification and merits.

How long does the BOI application process take?

For straightforward service or tech projects, processing can take about 40 to 90 days from complete submission to approval. Complex or high-value projects may take longer due to technical reviews or site considerations. Preparation time before submission also varies based on documentation and feasibility analysis.

Can I apply for BOI before incorporating a Thai company?

Yes. You can apply as a prospective investor. If the project is approved, you will incorporate a Thai entity and complete conditions before receiving the promotion certificate. Many investors pre-register a company to coordinate timelines for banking, leasing, and hiring.

Can I set up a BOI-promoted factory in Bueng Kum?

Heavy manufacturing is generally not suitable for Bueng Kum due to Bangkok zoning and environmental rules. Office-based, digital, R and D, design, and support service activities are more typical for Bangkok districts. If manufacturing is planned, an industrial estate or zone outside central Bangkok is usually recommended.

How does BOI help with visas and work permits?

BOI companies use a single window system to process visas and work permits for qualified foreign specialists and executives. This can reduce processing times and ease quota constraints that apply to non-BOI companies. Job descriptions and qualifications must match the promoted project and legal criteria.

What are my ongoing compliance obligations after approval?

Common obligations include meeting investment milestones, capital injection schedules, import and inventory controls for duty-exempt items, periodic performance reporting, maintaining separate accounts for promoted activities, and obtaining approvals for material changes. Non-compliance can lead to suspension or claw-back of incentives.

What happens if my shareholding or project scope changes?

Changes to shareholding, directors, location, or scope usually require prior BOI approval. Some changes are reportable within specific timeframes. Plan restructurings with legal counsel and engage the BOI early to avoid breaching conditions.

Additional Resources

Thailand Board of Investment - Head Office. National authority for investment promotion, policy, and project approvals.

One Start One Stop Investment Center - OSOS. Multi-agency desk for investors to handle incorporation, licensing, visas, and permits in one place.

Department of Business Development - Ministry of Commerce. Company name reservation, incorporation, and corporate filings.

Revenue Department. Corporate income tax, VAT, withholding tax, and BOI tax incentive administration and audits.

Customs Department. Procedures for machinery and raw material import duty exemptions and customs clearance.

Bangkok Metropolitan Administration - Bueng Kum District Office. Building permits, local business notifications, signboard tax, and local compliance.

Immigration Bureau and Department of Employment. Visas and work permits, including BOI single window processes for promoted companies.

Department of Industrial Works. Factory licensing and environmental oversight for industrial activities.

Office of Natural Resources and Environmental Policy and Planning. Environmental impact assessment requirements for applicable projects.

Office of the Personal Data Protection Committee. Guidance on PDPA compliance for digital and service businesses.

Next Steps

Step 1 - Clarify your business model, activities, location needs, investment size, and technology or know-how. Identify which activities may be eligible for BOI promotion and whether Bueng Kum is an appropriate location.

Step 2 - Consult a Thailand investment lawyer to validate eligibility, select the correct BOI activity code, and outline the ownership and licensing structure under the Foreign Business Act.

Step 3 - Engage in a pre-consultation with the BOI to confirm fit, documentation expectations, and any sector-specific criteria or environmental considerations.

Step 4 - Prepare the BOI application package, including business plan, financials, technology descriptions, staffing plan, project timeline, and any environmental or facility details. Align your company objectives and share structure with the project.

Step 5 - Incorporate the Thai company if not already done, arrange premises suitable for the proposed activity in Bueng Kum or an alternative zone as needed, and prepare for interviews or clarifications with the BOI.

Step 6 - Upon BOI approval, complete the acceptance, satisfy conditions, and obtain the promotion certificate. Register for tax, social security, and any sectoral licenses. Set up accounting and internal controls to track BOI activities and incentives.

Step 7 - Use the BOI single window to secure visas and work permits for qualified foreign personnel. Ensure job roles and qualifications match your promoted scope.

Step 8 - Maintain ongoing compliance through timely reporting, import duty exemption management, and approvals for any changes. Conduct periodic internal audits with legal and tax advisors.

Step 9 - If you need assistance or face delays, contact a lawyer experienced in BOI projects in Bangkok who can coordinate with agencies and keep your project on track.

Important note - This guide provides general information and is not legal advice. For tailored advice on BOI matters in Bueng Kum and Bangkok, consult a qualified Thailand lawyer.