Section 10. In the case where the Chairman is unable to perform his duties, the Vice Chairman shall act on his behalf. If the Chairman and the Vice Chairman are unable to perform their duties, the Secretary General shall convene the meeting in order that a member may be elected to act on behalf of the Chairman.

Section 11. In the performance of duties under this Act, the Board may authorise the Office to act on its behalf, appoint subcommittees to perform any assigned duties, or summon any person concerned to give facts, explanations, advice or opinions.

The provisions of section 9 shall apply mutatis mutandis the meetings of the sub-committees.

Upon completion of the assigned duties under paragraph one, the Office or the sub-committees, as the case may be, shall report to the Board.

Section 12. Members, advisors and members of sub-committees shall be entitled to receive such remuneration as may be prescribed by the Council of Ministers.

Section 13. The Office shall be administered by the Secretary General who shall be responsible for the administration of the office and directly under the Prime Minister. There shall be Deputy Secretary General (s) and there may also be an Assistant Secretary General to assist the Secretary General in carrying out his duties.

The Secretary General, Deputy Secretary General (s) and Assistant Secretary General shall be ordinary civil servants.

The Office shall have the following powers and duties:
(1) to perform such functions as may be resolved or assigned to it by the Board;
(2) to undertake works to publicise investment potentials and induce investments in those activities which are important and beneficial to economic and social development, and security of the country;
(3) to establish an Investment Services Centre to assist prospective investors and investors in obtaining permissions and services related to investment which include facilities and assistance to prospective investors in the implementation of investment projects;
(4) to appraise projects requesting promotion, supervise, control, and evaluate promoted investment projects;
(5) to conduct studies and research in identifying investment opportunities, prepare feasibility reports, and formulate an investment promotion programme;
(6) to study and compile data relating to investment on the Kingdom;
(7) to perform other duties in the furtherance of the objectives of this Act.

Section 14. A competent official shall have the power to enter the premises of the applicant and of the promoted person during working hours for inquiry of fact from any person on such premises or examination of any document or thing relating to the activity in which the promotion is being sought or has been granted, as may be necessary.

In the case where the competent official intends to enter the premises, referred to in paragraph one, the applicant or the promoted person shall, except in case of urgency, be notified in writing at a reasonable time in advance.

Chapter 2
Applying for and Granting of Promotion

Section 16. The activities which are eligible for investment promotion by the Board are those which are important and beneficial to the economic and social development, and security of the country, activities which involve production for export, activities which have high content of capital, labour or service or activities which utilise agricultural produce or natural resources as raw materials, provided that in the opinion of the Board, they are non-existent in the Kingdom, or existent but inadequate, or use out-of-date production processes.

The Board shall make an announcement designating the types and sizes of investment activity eligible for promotion and may stipulate there in the conditions under which promotion is to be granted and may amend or abolish those conditions at any time.

In the case where the Board is of the opinion that any activity announced to be eligible for promotion under paragraph two no longer requires to be promoted, it may announce a temporary or permanent cancellation of promotion for that activity.

Section 17. A person who seeks to be a promoted person shall file to the Office and application for promotion in accordance with the rules, procedure and forms prescribed by the Secretary General, describing the
investment project for which promotion is sought.

The promoted person shall be a company, a foundation or a cooperative established in accordance with the respective law.

Application for promotion prior to the formation of a company, a foundation, or a co-operative under paragraph two shall be made in accordance with the rules, procedure and forms prescribed by the Secretary General.

Section 18. The investment project to which the Board may grant promotion shall be one which is economically and technologically sound.

Consideration will be given to:
(1) the existing number of producers and production capacity in the Kingdom and the size of production capacity to be created under promotion compared with demand estimates;
(2) the prospect for which such activity will expand the market for the products or commodities produced or assembled in the Kingdom and will encourage the production or assembly in the Kingdom;
(3) the quantity and proportion of the resources available in the Kingdom including the capital. Raw or essential materials and labour or other services utilised;
(4) the amount of foreign currency which may be saved or earned for the Kingdom;
(5) the suitability of the production or assembly processes;
(6) other requirements which the Board deems necessary and appropriate.

Section 19. The investment project to which the Board may grant promotion shall be one which incorporates appropriate measures for the prevention and control of harmful effects to the quality of the environment in the interest of the common good of the general living of the public and for the perpetuation of mankind and nature.

Section 20. In the case where the Board deems it appropriate to grant promotion to any applicant, the Board may stipulate conditions in the promotion certificate for the compliance by the promoted person in one or more areas as follows:

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(Source: BOI : The Board of Investment of Thailand)