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Thailand
Legal News Updates:
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Bill
Seeks to Protect Criminal Suspects
1 September 2004 |
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The
Law Society of Thailand is gathering signatures to support
its proposed bill seeking to limit certain police powers
provided by the Criminal Procedure Code. Under the current
law, police investigators with a court order may detain an individual suspected
of a crime for 84 days before taking them before prosecutors.
The law society has opined that this lengthy detention
period and detainees inability to learn of the charges
against them until they appear in court are violations
of individuals' human rights. In response, they are
drafting a bill that would hasten the process and will
name the bill after Somchai Neelahphaijit, the Muslim
lawyer who was abducted by police earlier this year. |
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Board
of Investment (BoI) ends Export Tax Privileges
1 September 2004 |
BoI
promoted businesses that export more than 80% of their
production will no longer be automatically granted tax
holidays. The BoI, citing concerns about a potential
export subsidy problem, had stopped granting this tax
benefit to new businesses in 2000 and will now end them
altogether. In fact, the World Trade Organization Agreement
on Subsidy and Countervailing Measures had ordered a
halt to such practices in 2002. The WTO then allowed
Thailand, as a developing country, to continue providing
such incentives until January 1, 2005. 581 BoI promoted
companies will lose such tax incentives. However, the
BoI continues to provide exemptions for equipment and
machinery imported to Thailand for industrial purposes.
Furthermore, new incentives have been created to promote
wafer fabrication and integrated circuit and hard disk
manufacturing, and to strengthen the local film industry.
The wafer fabrication industry will receive the greatest
tax benefits, as it a target export industry. The film
industry may receive tax breaks on imported film equipment.
Automotive assemblers will be the final industry to
lose their protection in an effort to protect that industry
from passing on its tax burden to other sectors of the
automotive industry in Thailand. |
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Provident
Fund Rate to be Increased, Tax Breaks Granted
30 Aug 2004 |
The
Finance Ministry has announced that the minimum amount
for employee monthly contributions to company provident
funds will be increased to five per cent, up from the
current rate of three per cent. This measure will help
to encourage long-term savings and to prevent the current
account from slipping into the red. As a form of incentive,
the Ministry would also increase the maximum contribution
deductible from personal income tax to Bt500,000 per
annum. An increase in domestic savings at a rate of
10 per cent per annum is targeted. The increased savings
would result in lower consumption, especially in the
luxury goods sector, thus enabling Thailand to cut down
on its capital goods import. To prevent the current
account from falling into deficit as a result of mounting
imports, authorities have been instructed to amass five-year
investment plans from both private and government sectors
to ensure the balanced and efficient allocation of investment
among industries. |
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Increase
in Land Tax to be Gradually Implemented
9 August 2004 |
A
new law is expected to pass soon that will increase
property taxes in the Kingdom. A source at the Fiscal
Policy Office stated that while some of the tax rates
are expected to increase by a large percentage, the
actual percentage of taxes in relation to property values
would remain quite low. For example, the taxes on rental
revenues will actually reduce lower tax rates a small
percentage, but exemptions from the law will be eliminated.
Technically the tax rates will be lower, but they will
be set to the property value rather than the income
from leasing or renting the property. The rate, currently
set to 12.5% of rental revenue will be capped at 0.1%
of the property value, and will be determined by local
government administrators. Furthermore, a two to three
year grace period will be instituted to phase in new
taxes. |
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Finance
Ministry to Raise Provident Fund Limits
30 July 04 |
With
the objective of increasing long term savings, the Ministry
of Finance intends to raise the maximum monthly employee
contributions from the current 3 percent to 5 percent.
According to officials this should have beneficial effects
on capital investment and the economy as a whole. Additionally,
the Finance Ministry stated that it would also increase
the maximum deduction for contributions to provident
funds that may be deducted from personal income tax
from the existing 300,000 baht to 500,000 baht per year. |
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Cabinet
Rejects Definition of "Dominant Player" for Trade Competition
Puposes
15 July 2004 |
After
the Trade Competition Board agreed upon a new definition
for "dominant player" in May 2004, a cabinet
screening committee subsequently rejected the definition
in mid July. The new definition would have raised the
market share requirement from 33% to 50% for individual
companies and up to 75% for any three separate companies
combined. The reason behind the denial was its potential
to limit the growth of large companies and state enterprises.
An official from the Trade Department conceded that
the business environment had changed since the Trade
Competition took affect in 1999. However, without a
clear definition of "dominant player" there
is expected to be continued difficulty enforcing the
law against large companies that unfairly impair competition
as a result of their strong market position. |
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Rice,
Silk, Wine, and Liquor Subject to Specific Geographic Origin Registration
12 July 2004 |
New
ministerial regulations were enacted regarding protection
for goods from specific geographic origins. Rice, silk,
wine, and liquor which have identical or similar geographic
indications as those products already registered, as
well as products which are already registered but are
from different geographic origins, must clearly specify
the geographic origin and country of manufacture at
the end of their geographic indication. The regulations
govern the rules for both applying for registration
and protesting against previously registered goods.
Submissions must be submitted to the Department of Intellectual
Property, Ministry of Commerce or relevant Provincial
Commercial Office. In evaluating applications, the Ministry
will evaluate, among other things, details concerning
quality, reputation, relationship between the goods
and the geographic origin, and location of the geographic
origin. |
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Investor
Protection Fund Established by SET
9 July 2004 |
The
Stock Exchange of Thailand (SET) has approved the creation
of the Investor Protection Fund (IPF) to protect the
assets of individual investors in the event their brokerage
house cannot do so. The SET will deposit an initial
300 million baht in the fund as start up capital and
brokerage houses will be required to make monthly deposits
in proportion to the value of stock they trade in that
month. Brokers that join the IPF before Jan 1, 2005
will be exempt from the entry fee that will begin next
calendar year and increase every six months following
that date. The purpose of the IPF is to maintain investor
confidence and develop the infrastructure of the market.
However, particular details, such as the policies for
coverage and the structure of the IPF have not been
finalized. In a related development, the SET has also
established the Federation of Capital Market Associations,
an organization of interested individuals such as investor
associations, listed companies, brokerages, and security
analysts. |
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New
Coverage Plan for Bank Deposits
24 June 2004 |
A
bill has been proposed to replace the blanket guarantee
on bank deposits that was established in the wake of
the 1987 financial crisis. The Bank of Thailand has
suggested that the time is right for the new, limited
coverage Deposit Insurance Agency. The reduction in
non-performing loans and the strength of the economy
were reasons cited for the appropriateness of the change
in bank deposit insurance. The central bank expects
the number of non-performing loans (NPLs) to fall from
its peak of nearly 12% of all loans to only 4% by 2006.
A Bank of Thailand representative supports that assertion,
as the state-owned Asset Management Corp will begin
buying bad loans out of the system soon. If approved,
the DIA would replace the Financial Institutions Development
fund that was created to bail out banks and other financial
institutions in the years following the 1987 financial
crisis. Under the new agency coverage will be limited
to 1 million baht per account. Parliament was scheduled
to receive the draft law in August. |
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