Draft Legislations Relating to Skilled Persons and the Eligible Incentives under Eastern Economic Corridor (EEC) Law (Thailand)

2. Key takeaways under the Draft Royal Decree and the Draft Notification

I. Qualifications of the Skilled Persons and conditions to obtain incentives

The Draft Royal Decree prescribes the qualifications of the Skilled Persons who would be eligible to apply for incentives. The key qualifications are as follows:

1. he/she is the person who has been awarded or whose work in the field related to technology and innovation development has been accepted at a national or international level; or he/she is currently a business operator or a professional or has been a business operator or a professional in the field which is beneficial to technology and innovation development for not less than twenty (20) years and there is apparent evidence presenting such qualification; and
2. he/she is not a person who has worked in Special Economic Promotional Zone within the period of two (2) years before the EEC Policy Committee’s resolution to encourage such persons to work in the Special Economic Promotional Zone.

In addition to the above qualifications, among others, the Skilled Person must not be an incompetent or a quasi-incompetent or bankrupt person and must never be sentenced for imprisonment by the judgement of Thai court or court in any foreign country.

Regarding the conditions of the obtainment of incentives, under the Draft Notification, the Skilled Persons will be required to work under an employment contract with the business operator in Special Economic Promotional Zone for the period of not less than five (5) years and the payment of income shall be made in Thailand in full throughout the entire period. Additionally, the business operator is required to provide an insurance having medical coverage in Thailand for not less than USD 50,000 per annum for the Skilled Persons and their spouses, parents and children.

II. Key incentives granted to the Skilled Persons

The EEC Policy Committee may grant certain incentives to the Skilled Person as follows:

3. Conclusion

The Draft Royal Decree and the Draft Notification are expected to attract persons with knowledge and skills to come work in the EEC in order to enhance the ability not only to compete among target industries in Thailand but to compete with other countries in the region. The Draft Royal Decree and the Draft Notification have undergone public hearing process from 24 September 2024 to 15 October 2024. Both Drafts involve other government authorities such as the Land Department, Customs Department, Immigration Bureau and there may be sub-regulation issued thereunder.