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About คณะกรรมการส่งเสริมการลงทุน (บีโอไอ) Law in Pattaya, Thailand

The Board of Investment (BOI) operates as Thailand’s primary government agency for promoting investment across the country, including Pattaya in Chon Buri Province. The BOI issues promotional privileges such as tax incentives, import duty exemptions, and other non-tax benefits to eligible projects. These incentives aim to attract foreign and domestic investment, spur job creation, and support key industries in Pattaya such as tourism, hospitality, and services.

In Pattaya, like other Thai localities, a project must meet BOI criteria to qualify for incentives. The BOI assesses factors such as project activity, capital investment, location, employment targets, and sustainability considerations. Projects that receive BOI promotion obtain a Promotion Certificate and are bound to comply with ongoing reporting and compliance requirements.

Key to understanding this framework is how the law interacts with business formation and operations in Pattaya. Promoted activities can benefit from tax allowances, extended tax holidays, and other privileges that are designed to promote investment in high-potential sectors. A qualified Thai or foreign investor may structure ownership, operations, and land use to align with BOI rules while maintaining local compliance.

“The BOI provides a framework of tax and non-tax incentives for promoted activities in Thailand, with special emphasis on the Eastern Economic Corridor and tourism-related sectors.”

Why You May Need a Lawyer

Professional legal assistance helps Pattaya investors navigate BOI requirements efficiently and reduce risk. Below are concrete scenarios where you should consult a lawyer with BOI experience.

• A hotel or resort project in Pattaya seeks BOI promotion to obtain tax exemptions and import duty exemptions for equipment. A lawyer helps assemble the project plan, budgets, and compliance frameworks for BOI submission.
• You plan to establish a wholly foreign-owned company in Pattaya for a BOI promoted activity. An attorney guides on allowable shareholding structures, BOI eligibility, and templates for corporate documents.
• Your Pattaya project involves land use and lease arrangements. A lawyer can advise on land lease options, long-term rights, and BOI land-use conditions while ensuring alignment with Thai law and BOI rules.
• You require work permits and visas for foreign managers or staff associated with a promoted project in Pattaya. A legal counsel coordinates immigration compliance alongside BOI eligibility.
• Your business model includes importing capital equipment with BOI privileges. A lawyer ensures correct classification, duty exemption procedures, and timing of import clearances.
• You want to transfer ownership or restructure a promoted project in Pattaya. An attorney assists with compliance, notifications to BOI, and potential implications for incentives.

Legal counsel specializing in BOI matters in Pattaya can also help with ongoing reporting, annual audits, and compliance checks to avoid penalties or loss of incentives. Partnering with a local attorney can shorten processing times and improve success rates during BOI submissions.

Local Laws Overview

The following instruments commonly govern BOI processes in Pattaya. Understanding them helps you assess eligibility and plan a compliant strategy.

• Investment Promotion Act B.E. 2520 (1977) - The core statute establishing the framework for BOI incentives and promoted activities. It has been amended multiple times to reflect evolving economic priorities, including tourism, manufacturing, and services.
• Board of Investment Regulations and Notifications - Detailed rules issued under the Investment Promotion Act to administer eligibility criteria, application procedures, reporting, and compliance for promoted projects in Pattaya and nationwide.
• EEC Promotion Framework for Pattaya and the Eastern Province - Since 2017, the Eastern Economic Corridor policies encourage investment in Chon Buri and surrounding areas, with BOI incentives tailored to high-priority industries such as tourism, green energy, and digital services. Pattaya often benefits from these regional incentives when projects meet EEC conditions.

“Promoted activities under the Investment Promotion Act may receive extended tax holidays and import duty exemptions, subject to project eligibility and regional policy.”

Recent trends indicate increasing emphasis on green tourism, digital economy services, and infrastructure upgrades in Pattaya under the EEC umbrella. The BOI has published updates highlighting expanded incentives for investments in high-value tourism, eco-friendly facilities, and smart service platforms in the Eastern region. For up-to-date guidance, consult official BOI announcements and the EEC portal.

Frequently Asked Questions

What is BOI and how does it affect my Pattaya business?

BOI is Thailand’s agency promoting investment with incentives. If your Pattaya project is BOI-promoted, you may receive tax and non-tax benefits and faster approvals.

How do I apply for BOI promotion for a Pattaya hotel project?

Prepare a detailed business plan, investment budget, employment targets, and environmental considerations. Submit via the BOI online system with supporting documents.

Do I need a lawyer to apply for BOI incentives in Pattaya?

While not mandatory, a seasoned BOI lawyer can improve submission quality, avoid common pitfalls, and manage timelines effectively.

What is the timeline for BOI approval in Pattaya?

Approval can range from 60 to 180 days depending on project complexity, completeness of documents, and BOI workload.

How much does it cost to hire a BOI lawyer in Pattaya?

Fees vary by project scope, typically starting in the tens of thousands THB for a straightforward case and rising with complexity.

What is the difference between BOI and general Thai investment promotion?

BOI offers formal, legally binding incentives for promoted activities; general investment promotion applies to a wider, non-promoted set of activities with fewer benefits.

Can a foreign company own land for a BOI project in Pattaya?

Land ownership by foreigners is generally restricted; BOI-approved projects may use long-term lease arrangements subject to Thai law.

Should I prepare a business plan for BOI in Pattaya?

Yes. A robust plan demonstrates feasibility, employment impact, and alignment with BOI criteria, increasing approval chances.

Do I qualify for BOI incentives in Pattaya with a service-based business?

Service-based activities may qualify if they meet BOI criteria and regional incentive programs under the EEC framework.

Is Pattaya included in the BOI EEC incentives?

Pattaya benefits from EEC-related incentives when projects are located in Chon Buri and meet EEC priority-sector requirements.

How long does it take to register a BOI-promoted company in Pattaya?

Registration and BOI evaluation can take several weeks to months, depending on readiness of documents and project complexity.

Can I convert a non-promoted project to a BOI-promoted project later?

Conversion is possible but requires filing a new application with BOI and meeting current eligibility criteria.

Additional Resources

Access official sources for information, forms, and guidance on BOI processes relevant to Pattaya and the Eastern region.

• Board of Investment (BOI) Official Site - Central hub for applying for BOI promotion, eligibility criteria, and guidance. Link: https://www.boi.go.th
• Krisdika Official Legal Information - Thailand’s government resource for laws and official regulations, including the Investment Promotion Act and related instruments. Link: https://www.krisdika.go.th
• EEC Official Portal - Eastern Economic Corridor policy framework and incentives for projects in Chon Buri and the Pattaya area. Link: https://www.eeco.or.th

Next Steps: How to Find and Hire a BOI Lawyer in Pattaya

1. Define your project scope and determine if BOI promotion is essential for your Pattaya venture, noting industry and location specifics.
2. Gather key documents such as business licenses, company registrations, financial statements, and a draft project plan for BOI review.
3. Ask for referrals from Pattaya business networks, hotel associations, or expat business groups with BOI experience.
4. Shortlist lawyers with demonstrated BOI case success in Pattaya, focusing on hospitality, tourism services, and EEC-linked incentives.
5. Arrange initial consultations to assess approach, timelines, and fees; request sample BOI submission checklists and timelines.
6. Request a written engagement letter detailing scope, deliverables, fees, and milestones for the BOI process.
7. Commence the engagement, with your lawyer coordinating document preparation, BOI filings, and ongoing compliance reporting.

Official sources:

Board of Investment (BOI) overview and guidance are available at the official site: https://www.boi.go.th

Legal framework references and Thai law texts can be checked on the Royal Gazette and Krisdika portals: https://www.krisdika.go.th

Regional incentives and EEC policy information are accessible via the Eastern Economic Corridor portal: https://www.eeco.or.th