(1) amount and source of capital;
(2) nationality and number of shareholders;
(3) size of activity including the types of products, commodities or services and the production or assembly processes, and capacity thereof;
(4) amount of local raw materials to be used;
(5) nationality and number of workers, technicians and experts;
(6) training and employment of manpower;
(7) prevention and control of damaging elements to the quality of the environment;
(8) period of time to commence the implementation of the promoted project;
(9) period of time to place orders for the purchase of machinery;
(10) period of time to import machinery into the Kingdom;
(11) period of time re-export the imported machinery after the termination of their use;
(12) extension of time limits under (8), (9), or (11);
(13) date of commencement of operation;
(14) report on implementation of the project and operation;
(15) report on the performance of the training provided by the
foreign technicians and experts to the Thai personnel;
(16) requirements that the products or commodities produced, assembled or exported conform to the standards prescribed either by the Board or other government agencies;
(17) distribution of products or commodities produced or assembled, or services rendered;
(18) export of products or commodities produced or assembled;
(19) requirements that the cash, bank guarantee, the Thai government securities or other securities deemed appropriate by the Board, be deposited with the Office for the purpose of guaranteeing the compliance with the conditions stipulated by the Board;
(20) other matters relating to the provision of facilities to the competent official, granting, exercising or controlling of the rights and benefits under this Act.

Section 21. When the Board has resolved to grant promotion to an applicant, the Office shall notify him in writing of the resolution of the Board together with the conditions stipulated by the Board within fifteen days from the date of the resolution.

If the applicant accepts the promotion under paragraph one, he shall confirm in writing to the Office within one month from the date of receiving the notice.

In the case where there are suitable grounds, the Secretary General shall have the power to extend the period of time under paragraph two for not more than three times and not longer than one month for each time.

Section 22. The applicant who has confirmed the acceptance of promotion under section 21 shall report to the Office the commencement of the project under promotion in accordance with the form and procedure prescribed by the Secretary General within six months from the date of confirming the acceptance of promotion.

In the case where there are suitable grounds, the Secretary General shall have the power to extend the period of time referred to in paragraph one not more than three times and not more than four months each time, and shall report to the Board every time the extension is granted by him.

When the Secretary General is of the opinion that the applicant can proceed with the implementation of the promoted project, he shall issue a promotion certificate to the applicant without delay.

Section 23. The promotion certificate shall be in the form prescribed by the Board.

The Secretary General shall sign the promotion certificate.

Any amendment to the promotion certificate shall be made by a resolution of the Board. The Secretary General shall sign the amended promotion certificate which shall be delivered to the promoted person without delay.

Chapter 3
Rights and Benefits

Section 24. Subject to the law on immigration, only in so far as it is not otherwise provided herein, the Board shall have the power to grant permission to foreign nationals for entry into the Kingdom for the purpose of studying investment opportunities or performing any other act benefiting investment for such period of time to stay in the Kingdom as the Board may deem appropriate.

An application for permission shall be in accordance with the rules, procedure and forms prescribed by the Board. In granting permission, the Board may stipulate such conditions as deemed appropriate.

Section 25. Subject to the law on immigration, only in so far as it is not otherwise provided herein, a promoted person shall be grant permission to bring into the Kingdom foreign nationals who are
(1) skilled workers,
(2) experts,
(3) spouses and dependents of persons in (1) and (2) in such numbers and for such periods of time as the Board may deem appropriate even in excess of such quotas or period of time permitted to stay in the Kingdom as prescribed by the law on immigration.

Section 26. Subject to the law on working of foreign nationals, only in so far as it is not otherwise provided herein, foreign nationals who are granted permission under section 24 and foreign nationals who are skilled workers or experts and who are permitted to stay in the Kingdom under section 25, shall be granted a work permit for a specific position approved by the Board for the period of permitted stay in the Kingdom.

Section 27. A promoted person shall be permitted to own land in order to carry on the promoted activity to such an extent as the Board deems appropriate, even in excess of the permissible limit under other laws.

In the case where the promoted person who is a foreign national under the Land Code dissolves his promoted activity or transfers it to another person, he shall dispose of the land he has been permitted to own within one year of the date of dissolution or transfer, or the Director General of the Land Department shall have the power to dispose of it under the Land Code.

¹Section 28. The promoted person shall be granted exemption from payment of import duties on machinery as be approved by the Board, providing that such machinery comparable in quality is not being produced or assembled within the Kingdom in sufficient quantity to be acquired for use in such activity.

²Section 29. When the Board is of the opinion that in granting promotion to any activity or applicant, it would be in appropriate to grant benefits under section 28, the Board may grant a reduction of only onehalf of the rate of import duties or not granting the exemption of import duties and/or business taxes on the machinery to such activity or
applicant and the ones that follow.

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

1 Amended by Amendment Act (No. 2) B.E. 2534 (A.D. 1991)
2 Amended by Amendment Act (No. 2) B.E. 2534 (A.D. 1991)