Newsletter No December 2015

Transcription

1 Newsletter No December 2015 Bubhajit Building, 7 th -9 th Floors 20 North Sathorn Road Bangkok 10500, Thailand Phone: (662) Legislation Progress and News Releases 1. A list of progress of legislation as of 31 December 2015 is available on the website and at the Library. 2. A list of double tax treaties as of 31 December 2015, for which Thailand is a Party with 60 other countries, is available in both English and Thai at the Library. Bank and Finance 1. Notification of the Bank of Thailand No. SorGorNgor. 56/2558 dated 21 September 2015 re: commercial banks maintaining cash reserves at the Bank of Thailand. 2. Notification of the Bank of Thailand No. SorNorsor. 12/2558 dated 25 September 2015 re: rules for governing the market derivatives for the commercial banks. 3. Notification of the Bank of Thailand No. SorNorSor. 13/2558 dated 25 September 2015 re: rules for the approval for commercial banks to conduct the business of market derivatives. 4. Notification of the Bank of Thailand No. SorNorSor. 14/2558 dated 25 September 2015 re: rules for the approval for commercial banks to conduct the business of credit derivatives. 5. Notification of the Bank of Thailand No. SorNorSor. 15/2558 dated 25 September 2015 re: rules for the approval for commercial banks to conduct the business of structured products. 6. Notification of the Bank of Thailand No. SorNorSor. 16/2558 dated 25 September 2015 re: rules for risk management of derivatives. 7. Notification of the Bank of Thailand No. SorNorSor. 17/2558 dated 25 September 2015 re: minimum standards the care of customers of derivatives. 8. Notification of the Bank of Thailand No. SorNorSor. 20/2558 dated 4 December 2015 re: provisions for accounting records of financial institutions. 9. Notification of the Bank of Thailand No. SorNorSor. 21/2558 dated 4 December 2015 re: preparation and announcement of financial statements of commercial banks and holding companies that are parent companies of financial business groups. 10. Notification of the Bank of Thailand No. SorNorSor. 22/2558 dated 4 December 2015 re: preparation and announcement of financial statements of finance companies and credit foncier companies.

2 NEWSLETTER NO December 2015/Page Notification of the Bank of Thailand No. SorNorSor. 23/2558 dated 4 December 2015 re: preparation and disclosure of summary of assets and debts of commercial banks. 12. Notification of the Bank of Thailand No. SorNorSor. 24/2558 dated 4 December 2015 re: preparation and disclosure of summary of assets and debts of finance companies and credit foncier companies. 13. Notification of the Exchange Control Officer dated 5 November 2015 re: bases and procedures regarding the operation of business as authorized person. Commerce 1. Notification of the Department of Business Development dated 19 May 2015 re: criteria and conditions for accounting firm quality certification. 2. The questions and answers relating to the newly issued Business Collateral Act prepared by the Business Collateral Registration Office. 3. Notification of the Department of Business Development dated 5 October 2015 re: criteria and procedures for registration of the amendment of branch offices of limited partnerships, limited companies and public limited companies. 4. Notification of the Department of Business Development dated 16 October 2015 re: the persons that an applicant for registration of limited partnerships and companies may sign documents in the presence of. Energy 1. Regulation s of the Energy Regulatory Commission dated 14 September 2015 re: purchase of power from ground mounted solar farm projects from governmental agencies and agricultural cooperatives (No. 2). 2. Regulations of the Energy Regulatory Commission dated 14 September 2015 re: standards of energy services for the license of power distribution. 3. Notification of the Energy Regulatory Commission dated 17 September 2015 re: purchase of power from ground mounted solar farm projects from governmental agencies and agricultural cooperatives. 4. Notification of the Energy Regulatory Commission dated 18 September 2015 re: purchase of power from ground mounted solar farm projects from governmental agencies and agricultural cooperatives (additional). 5. Notification of the Energy Regulatory Commission dated 24 September 2015 re: application for energy industry operation from ground mounted solar farm projects in the form of FiT for applicants filing in the original adder system. 6. Ministerial Regulations No. 65 dated 1 October 2015 re: installation of rooftop solar panels.

3 NEWSLETTER NO December 2015/Page 3 7. Regulations of the Provincial Electricity Authority dated 9 October 2015 re: rules for laying transmission lines and/or installation of telecommunication equipment on electric posts of the Provincial Electricity Authority. 8. Notification of the Office of Energy Regulatory Commission dated 30 October 2015 re: guidelines for acceptance of the report of energy operations that are exempt from applying for licenses for solar rooftop energy production. 9. Rules of the Energy Regulatory Commission dated 17 November 2015 re: the division of work units in the Office of the Energy Regulatory Commission. 10. Notification of the Office of Energy Regulatory Commission dated 14 December 2015 re: the postponement of the lucky draw for the purchase of power from ground mounted solar farms from governmental agencies and agricultural cooperatives, and Notification (No. 2) re the same. Investment 1. Explanation of the Office of Board of Investment dated 19 October 2015 re: application for additional rights and benefits according to the value of the project (merit-based incentives) under the Notification of Board of Investment No. 2/2557 (No. 2) 2. Notification of the Board of Investment No. Sor. 1/2558 dated 27 October 2015 re: amendment of list of promoted businesses under Notification of the Board of Investment No. 2/ Notification of the Board of Investment No. 10/2558 dated 27 October 2015 re: policy for investment promotion in special economic development zone of a cluster type. 4. Notification of the Board of Investment No. 11/2558 dated 15 December 2015 re: special measures for accelerating investment. Labor and Land 1. Rules of the Social Security Office dated 25 September 2015 re: obtaining compensation benefits B.E Notification of the Social Security Office dated 30 September 2015 re: the particulars and methods of remittance of contributions. 3. Notification of the Social Security Office dated 30 September 2015 re: form of registration of employers and form of registration of the insured and change of the particulars. 4. Regulation of the Department of Labor Protection and Welfare dated 16 October 2015 re: criminal case proceedings and settlement of penalties against offenders under the law governing labor protection and work safety (No. 2).

4 NEWSLETTER NO December 2015/Page 4 5. Notification of the Federation of Accounting Profession No.65/2558 dated 8 October 2015 re: benefits of the employees. 6. Notification of the Ministry of Interior dated 28 October 2015 re: collection of fees for registration of rights and juristic acts under the Land Code in the case of immovable property that was approved for land allocation under the land allocation law according to bases prescribed by the Council of Ministers (fee for transfer of immovable property and mortgage is 0.01%). 7. Notification of the Ministry of Interior dated 28 October 2015 re: collection of fees for registration of rights and juristic acts under the Land Code in the case of immovable property that is residential buildings according to bases prescribed by the Council of Ministers (fee for transfer of immovable property and mortgage is 0.01%). 8. Notifications of the Ministry of Interior dated 28 October 2015 re: collection of fees for registration of rights and juristic acts under the Condominium law in the case of condominiums according to bases prescribed by the Council of Ministers (fee for transfer of immovable property and mortgage is 0.01%) 9. Royal decree dated 9 November 2015 re: rules and rates of payment of contribution of the insured, the categories of compensation benefits receivable under Section 54, including bases and conditions of the entitlement to the rights of compensation benefits (No. 3). 10. Notification of the Provident Fund Registrar No. SorThor. 1/2558 dated 12 November 2015 re: procedures and conditions for transferring money from provident funds to retirement mutual funds. 11. Notification of the Social Security Office dated 12 November 2015 re: the rates of compensation benefits for old-age gratuities of the insured under Section 40 for Notification of the Department of Labor Protection and Welfare dated 24 December 2015 re: bases, procedures and conditions for safety training electricians. Mining 1. Regulations of the Department of Primary Industries and Mines dated 6 October 2015 re: the issuance of mineral dressing license, preparation, change or addition to the plan and dressing method. 2. Regulations of the Department of Primary Industries and Mines dated 16 November 2015 re: the addition to the types of minerals for mining, change of the mining method and mining project plan. 3. Regulation of the Department of Primary Industries and Mines dated 24 November 2015 re: procedures relating to applications for individual mining licenses and mineral panning licenses. 4. Regulation of the Department of Primary Industries and Mines dated 24 November 2015 re: procedures for applying to possess minerals.

5 NEWSLETTER NO December 2015/Page 5 5. Regulation of the Department of Primary Industries and Mines dated 2 December 2015 re: procedures for Atchayabat. 6. Regulation of the Department of Primary Industries and Mines dated 2 December 2015 re: procedures relating to application, issuance, renewal and transfer of Prathanabats. Miscellaneous 1. Notification of the Ministry of Industry dated 22 September 2015 re: responsibility for the transport of dangerous substances by the Department of Industrial Works. 2. Notification of the Department of Foreign Trade dated 2 October 2015 re: criteria, procedures and conditions for registration of self-certification of origin. 3. Notification of the Ministry of Interior dated 9 October 2015 re: areas prohibited for construction, modification or change of certain types of building in certain areas of Pathum Thani Province. 4. Notification of the Ministry of Public Health dated 26 October 2015 re: submission of applications for e-registration of pharmacopoeia. 5. Regulations of the Office of the Permanent Secretary of the Ministry of Public Health dated 13 November 2015 re: administrative enforcement measures for liability for wrongful acts of officials. 6. Regulations of the Committee Governing Debt Collection dated 19 November 2015 re: criteria and procedures for consideration of requests by the Provincial and Bangkok Committees Governing Debt Collection. 7. Requirements of the President of the Supreme Court dated 24 November 2015 re: the approval of Dika appeal in Civil Cases. 8. Notification of the Ministry of Interior dated 25 November 2015 re: approval of certain types of aliens to stay in the Kingdom as a special case (sea fishing business) under the Cabinet Resolution dated 3 March Order of the Ministry of Interior No. 1/2558 dated 27 November 2015 re: disapproval of certain types of aliens to stay in the Kingdom. 10. Notification of the Department of Foreign Trade dated 22 December 2015 re: issuance of certificate of origin under the ASEAN-KOREA Free Trade Area Preferential Tariff. 11. Regulations of the Office of the Prime Minister dated 29 December 2015 re: management of development of areas in the special economic development zones. Tax

6 NEWSLETTER NO December 2015/Page 6 1. Notification of the Director-General of Revenue Department (No. 261) dated 11 September 2015 re: criteria and procedures for exemption of income tax on income paid as insurance premium for annuity life insurance of income earner under paragraph three of Clause 2 (61) of the Ministerial Regulation No Royal decree (No. 592) dated 14 September 2015 re: extension of period of reduction of the rates of value added tax to six point three per cent until 30 September 2016 and to nine per cent from 1 October 2016 onwards. 3. Royal decree (No.593) dated 14 September 2015 re: exemption of income tax for ordinary persons and company or juristic partnerships for donations to the Thailand against Human Trafficking Project made during 5 June 2015 until 5 September Notification of the Director-General of the Revenue Department (No. 263) dated 25 December 2015 re: bases, procedures and conditions for exemption of income tax for income paid for the purchase of goods or services. 6. Explanation of the Revenue Department dated 25 December 2015 re: bases, procedures and conditions for exemption of income tax for income paid for the purchase of goods or services. 7. Royal decree dated 31 December 2015 re: reduction and exemption of tax for a company or juristic partnership for income incurred during the accounting year. Summary of Notable Laws and General Matters Approved by Cabinet Resolutions as of 31 December Approval of the draft ministerial regulations increasing the value of projects that are required to comply with the rules and procedures under the Act on Public-Private Partnership in State Undertaking, from 1,000 Million Baht to 5,000 Million Baht. (2209) 2. Approval of the projects for the private sector to construct and manage the waste disposal systems by the Nonthaburi Administrative Organization in order to produce energy by Pyrolysis & Gasification Technology. (2209) 3. Approval of five documents to be endorsed at the 14 th ASEAN Socio-Cultural Community Council Meeting as follows: (0610) 3.1 ASEAN Socio-Cultural Community 2025 Blueprint; 3.2 Kuala Lumpur Declaration on Ageing: Empowering Older Persons in ASEAN; 3.3 Regional Framework and Action Plan to implement the ASEAN Declaration on Strengthening Social Protection; 3.4 The draft document of ASEAN Regional Plan of Action on Elimination of Violence against Children; and 3.5 The draft document of ASEAN Regional Plan of Action on Elimination of Violence against Women.

7 NEWSLETTER NO December 2015/Page 7 4. Approval of the draft joint statement of the 33th ASEAN Ministers on Energy Meeting (AMEM), the draft joint statement of the 12nd ASEAN+3 (China, Japan and Korea) Ministers on Energy Meeting, the draft joint statement of the 9 th East Asia Ministers on Energy Meeting and the draft joint statement of the 5 th ASEAN Ministers on Energy and International Energy Agency. (0610) 5. Approval of tax measures for supporting venture capital businesses. (1310) 6. Approval of the amendment of tax measures to facilitate establishment of international headquarters (IHQ) through the exemption of specific business tax for revenues earned from the IHQ s financial management scheme. (2010) 7. Approval of the Draft Post-2015 ASEAN Declaration on Environmental Sustainability and Climate Change and Draft ASEAN-China Strategy on Environmental Cooperation (2210) 8. Approval of the tax measures for supporting new business operators (new start-up) by issuing the royal decree for exempting corporate income tax for 5 years. (2710) 9. Approval of tax measures for the promotion of local investment. (0311) 10. Approval of the measure on Public-Private Partnership (PPP) Fast Track. Agencies that have representatives in the selection committee are to draft an invitation to tender, TOR, and investment contract as soon as the respective project is approved by minister overseeing the host agency. Drafting must be completed before the Cabinet s approval of the project. The selection committee is to approve the draft invitation to tender TOR, and investment contract within 45 days after the Cabinet approves the project. (0311) 11. Acknowledgement of the rates and fees for the lease of government surplus lands in special economic zones. (0311) 12. Approval of the appointment of Minister of Transport Arkom Termpittayapaisith as the head of Thai delegation and Minister of the Indonesia-Malaysia-Thailand Growth Triangle (IMT-GT) Framework responsible for the monitoring of Thailand s work progress under IMT-GT Framework, and approval of the Draft Joint Media Statement of the 21 st Indonesia-Malaysia-Thailand Growth Triangle Ministerial Meeting. (0311) 13. Approval of the 13 draft outcome documents to be signed or endorsed at the 27 th ASEAN Summit. (1011) 14. Agreement on the Cooperation Framework between Thai and Chinese Governments on strengthening cooperation in the development of railway infrastructure under Strategic Framework on Development of Transport Infrastructure of Thailand ( ). (1711) 15. Agreement with the 10 target industries as new engines of growth, and assignment to the Board of Investment to conduct detailed studies in order to further develop investment promotion policies. Approval, in principle, of the Ministry of Finance s

8 NEWSLETTER NO December 2015/Page 8 tax incentives and subsidies, and assigned the Ministry to consider measures for the promotion of cluster development. (1711) 16. Agreement, in principle, on drafting a Memorandum of Understanding on Universal Security Audit Programs Continuous Monitoring Approaches between International Civil Aviation Organization and Thailand. (1711) 17. Approval of Thailand s membership in the Global Green Growth Institute (GGGI) and ratification of the GGGI Establishment Agreement. (2411) 18. Agreement on an application for Associate Membership of Open Government Partnership (OGP). (2411) 19. Agreed on the Memorandum of Understanding on development of rail systems in the Southern Economic Corridor between the Ministry of Transport of Thailand and the Ministry of Land, Infrastructure, Transport and Tourism of Japan. (2411) 20. Approval for Thailand s endorsement and signing of New York Declaration on Forests at the United Nations Climate Change Conference of the Parties in December 2015, as proposed by the Ministry of Natural Resources and Environment. (2411) 21. Acknowledgement of the implementation of the Ministry of Transport on the mobilization of key transport infrastructure projects in accordance with the Action Plan on Transport (Urgent Phase) for 2016 for the mobilization of national infrastructure investment and Guidelines on Transport Infrastructure Development along the E-W Corridor. (0112) 22. Approval, in principle, for Thailand, through the Ministry of Information and Communication Technology and National Broadcasting and Telecommunication Commission, on hosting of ITU Telecom World 2016 in (0112) 23. Approval for the implementation of Strategies on Preventing and Combating Transnational Crime (0112) 24. Approval, in principle, for the Mass Rapid Transit Authority of Thailand (MRTA) to commence the construction of mass rapid transit-thailand Cultural Centre-Min Buri Orange Line (Suwinthawong). (0812) 25. Approval for the Ministry of Finance, through the Neighboring Countries Economic Development Cooperation Agency (Public Organization), to enter into a partnership in and co-establish an SPV Dawei SEZ Development Company Limited (DSEZ) with Japan and Myanmar, with up to 50% shareholding for a total budget of 100 Million Baht. (0812) 26. Agreement on the draft Agreed Record of the Fourth Meeting of the Joint Committee on Trade, Investment and Economic Cooperation between the Government of Thailand and the Government of the People s Republic of China. (1512) 27. Agreement on the Memorandum of Understanding between Thai and Cambodian governments on the development of cross-border control facilities, the construction of

9 NEWSLETTER NO December 2015/Page 9 a border bridge and access roads at Ban Nong Ian in Aranyaprathet District and Stung Bot in Cambodia s Banteay Meancheay Province. (1512) 28. Approval of the National e-payment Master Plan. (2212) 29. Approval of the Direction and Strategic Framework of the 12 th National Economic and Social Development Plan (B.E ). (2212) 30. Agreement for Thailand to host the 14 th Asia Cooperation Dialogue Ministers Meeting during 9-11 March 2016 in Bangkok. (2912) 31. Acknowledgement of the hosting of the 11 th International Olympiad on Astronomy Astrophysics in Thailand during 27 November 6 December 2017 at Prince of Songkla University. (2912)