Setting Up a Manufacturing Company in Thailand: A Step-by-Step Guide

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· Thailand,Country Guides

Why Choose Thailand for Manufacturing?

Thailand is one of Southeast Asia's most developed industrial hubs, offering an ideal environment for manufacturing. With a strategic location in the heart of Asia, competitive labor costs, well-developed infrastructure, and a range of government incentives, Thailand has attracted major global manufacturers, especially in the automotive, electronics, and food processing industries. Here’s a comprehensive guide to setting up a manufacturing company in Thailand.

1. Choosing the Right Business Structure

When setting up a manufacturing company, the business structure you choose will impact your legal, tax, and operational obligations:

  • Thai Limited Company: This is the most common type of business structure. Foreign ownership is limited to 49%, with 51% required to be held by Thai nationals. However, certain exemptions allow 100% foreign ownership for Board of Investment (BOI) promoted activities or certain manufacturing sectors.
  • BOI Promoted Company: The Board of Investment (BOI) provides incentives to foreign manufacturing companies, including tax exemptions, land ownership rights, and eased foreign ownership restrictions. This is an excellent option for manufacturers targeting key industries like electronics, automotive, or food processing.
  • Foreign Business License (FBL): If your sector falls under Thailand's Foreign Business Act, you will need an FBL for foreign ownership beyond the standard 49%. This can apply if you are not BOI-promoted.

2. Understanding the Board of Investment (BOI) Incentives

The BOI offers significant benefits to foreign investors in the manufacturing sector:

  • Tax Incentives: BOI-promoted companies enjoy corporate income tax exemptions for up to eight years, depending on the project’s contribution to the Thai economy. You may also qualify for reduced import duties on raw materials and machinery.
  • 100% Foreign Ownership: BOI promotion allows full foreign ownership in certain manufacturing sectors, bypassing the standard 49% cap on foreign ownership.
  • Work Permits and Visas: BOI promotion streamlines the process for foreign executives and employees to obtain work permits and visas.
  • Land Ownership: Foreign companies under the BOI may own land to facilitate their manufacturing operations.

3. Location Considerations

Choosing the right location for your manufacturing facility is crucial for efficient operations:

  • Industrial Zones: Thailand has well-developed industrial zones, such as those in the Eastern Economic Corridor (EEC), which offer access to ports, highways, and suppliers. The EEC focuses on high-tech industries and provides additional tax incentives.
  • Proximity to Ports: Manufacturers targeting export markets should consider proximity to major ports like Laem Chabang or Bangkok Port for efficient logistics.
  • Utilities and Infrastructure: Ensure that the industrial zone has adequate electricity, water supply, and other necessary infrastructure to support manufacturing operations.

4. Register the Company Name

Choose a unique company name that complies with Thai regulations. The name must not be identical or too similar to existing registered companies. You can reserve the name with the Department of Business Development (DBD).

5. Prepare the Required Documents 

  • Memorandum of Association: This document outlines your company’s name, business objectives, capital, and shareholders.
  • Articles of Association: Define the company's internal governance, including roles, responsibilities, and operational rules.
  • BOI Application (if applicable): If seeking BOI promotion, prepare detailed project plans, including investment capital, employment plans, and expected contributions to the Thai economy.

6. Capital Requirements 

  • Minimum Registered Capital: For a Thai Limited Company with foreign ownership, a minimum registered capital of 2 million THB (approximately USD 60,000) is generally required. For companies requiring work permits for foreign employees, the capital requirement increases proportionally.
  • Capital for BOI-Promoted Companies: There is no set minimum, but sufficient capital must be demonstrated to meet the project’s scope and sustainability.

7. Compliance with Environmental and Industry Regulations

Manufacturing companies must comply with Thailand’s environmental and industry-specific regulations:

  • Environmental Impact Assessment (EIA): Depending on the type of manufacturing, you may need to submit an EIA to assess the environmental effects of your operations.
  • Factory Operating License: Certain manufacturing operations require a license from the Department of Industrial Works (DIW). This applies particularly to industries that deal with chemicals, heavy machinery, or those producing emissions.

8. Tax Registration and Compliance 

  • Corporate Income Tax: The standard corporate income tax rate in Thailand is 20%. BOI-promoted companies may be eligible for exemptions or reductions.
  • VAT Registration: Manufacturing companies with annual revenue exceeding THB 1.8 million must register for VAT, which is set at 7%.
  • Withholding Taxes: Applicable to payments such as dividends, interest, and royalties made to non-residents.

9. Labor and Employment Regulations

Thailand’s labor laws provide specific protections for workers and require compliance in hiring, contracts, and benefits:

  • Hiring Thai and Foreign Employees: Thailand has a well-developed labor pool, especially for skilled manufacturing roles. For foreign workers, BOI-promoted companies can easily obtain work permits and visas.
  • Employment Contracts: Employment contracts must be clear about wages, benefits, working hours, and terms of termination.
  • Social Security Contributions: Employers must contribute to Thailand’s social security system for all employees.

10. Logistics and Supply Chain Management

Efficient logistics is crucial for manufacturing operations:

  • Customs and Import/Export Procedures: Manufacturers should familiarize themselves with customs processes, particularly if importing raw materials or exporting finished goods. BOI-promoted companies may benefit from duty exemptions on imported machinery and raw materials.
  • Transportation Infrastructure: Thailand has a well-connected road, rail, and port system, allowing efficient movement of goods domestically and internationally.

Conclusion

Setting up a manufacturing company in Thailand offers real benefits due to the country’s strategic location, skilled labor, and government incentives. By choosing the right business structure, taking advantage of BOI promotion, complying with environmental and labor regulations, and engaging local expertise, foreign investors can successfully establish and grow their manufacturing businesses in Thailand.