Back Home Next
>> Thai Customs <<
 About Us              
   Historical
         Background
   Vision/Mission
   Functions and
         Responsibilities
   Administrative
         Organization
   Customs House
   Revenue Collection
 Import / Export  
   Customs Automation System
   e-Import Procedures
   e-Export Procedures
 Tariff Nomenclature
   Overview
   Interpretation Rules
 Export Promotion  and Privileges
   Overview
   Duty Drawback
   Bonded Warehouse
   Free Zone
   Industrial Estate          (EPZ)
   Duty Exemption          under BOI
   Comparison of Tax          Measures
 Household Effects
   Requirements for          Duty Free Allowance
   Documentation
   Clearance          Procedures
   Contact
 Personal Vehicles
   Temporary Import
  Documentation
  Import Clearance      Procedures
  Export Clearance      Procedures
  Contact
   Permanent Import
  Criteria for a Permanent Import
  Documentation
  Import Clearance      Procedures
  Tax and Duty      Assessment
  Contact
 
Free Zone
Notification No. Subject Date
4/2547 Regulations for General Bonded Warehouse 11/06/2547
5/2547 Regulations for Manufacturing Bonded Warehouse 11/06/2547
10/2547 Regulations on Free Zone for Commercial and Industrial Operations of Petroleum or Liquefied Petrochemical Business 11/06/2547
87/2546 Application for Free Zone Establishment Criteria, Procedures, Conditions and Aproval, Application for Bussiness Operation within the Free Zone and Exemption of Import Duties for Goods Imported into the Kingdom for Free Zones 11/06/2547
 
Chapter 10 bis Free Zone
1. An Introduction to Free Zone
  It is the intent of a Free Zone Program to stimulate economic growth and development in Thailand. In an expanding global marketplace there is increased competition among nations for jobs, industry, and capital. The Free Zone Program was designed to promote competitiveness by encouraging companies to maintain and expand their operations in Thailand. The Free Zone Program encourages Thailand-based operations by removing certain disincentives associated with manufacturing in Thailand. The duty on a product manufactured abroad and imported into Thailand is assessed on the finished product rather than on its individual parts, materials, or components. The Thailand-based manufacturer finds itself at a disadvantage compared with its foreign competitor when it must pay a higher rate on parts, materials, or components imported for use in a manufacturing process. The Free Zone program corrects this imbalance by treating products made in the Zone, for the purpose of tariff assessment, as if it were manufactured abroad. At the same time, this country benefits because a Zone manufacturer uses Thai labor, services, and inputs.
2. Definition
  Free Zone is a designated area for industrial or commercial operation or any other operations involving in economic growth and development. Foreign and domestic merchandise removed into Free Zone is eligible for tax and duty privileges as indicated by the Law.
3. The Advantages of Using a Free Zone
  All of the advantages a Free Zone Program can offer manufacturers and processors located in Thailand are numerous. A few main benefits that account for most of the companies that use a Free Zone Program are listed below:
  3.1 Relief from Import and Internal Taxes/Duties:
  Imported merchandise, removed into or manufactured in a Free Zone for industrial or commercial operations or any other operations involving economic growth and development, is not subject to import taxes and duties. This includes:
  (1) Machinery, equipment, and parts;
  (2) Foreign merchandise; and
  (3) Merchandise transferred from other Free Zones.
  Merchandise transferred from other Free Zones. In addition the imported merchandise removed into or manufactured in a Free Zone is also not subject to Value Added Tax (VAT), excise taxes, alcohol tax, including tax stamp and fees under the Alcohol Act, Tobacco Act, and Playing-Card Act. Additionally, a “ZERO” tax rate is applied to calculate VAT for domestic merchandise removed into a Free Zone, provided that such merchandise subject to export duty or exempted from export duty under the Customs Act.
  3.2 Relief from Export Duty on Re-Exports:
  Without a Free Zone, if a manufacturer or processor imports a component or raw material into Thailand, it is required to pay import taxes and duties at the time the component or raw material enters the country. However, a Free Zone is considered to be outside Thailand and Thai Customs territory. Accordingly, when foreign merchandise is brought into a Free Zone, no taxes and duties is owed until the merchandise leaves the Zone and enters Thailand for consumption. Only then is the merchandise considered imported and the duty paid. If the imported merchandise is re-exported to other countries, no Customs duty is charged.
  3.3 Relief from Standard/Quality Control Requirements:
  merchandise or domestic raw materials removed into a Free Zone for manufacturing, mixing, assembling, packing, or any other operations is relieved from standard/quality control requirements or any other similar requirements; provided that such merchandise is re-exported to other countries.
  3.4 Duty Exemption on Waste, Scrap, and Yield Loss:
  If the processor or manufacturer is conducting its operations within a Free Zone environment, the merchandise is not considered imported, and therefore scrap, waste, or yield loss from an imported component is exempted from import and internal taxes and duties, if applicable.
  3.5 Eligible for Export Tax Refund/Exemption Schemes:
  Merchandise entitled to export tax refund/exemption schemes when exported is still qualified for such schemes after it is removed into a Free Zone.
4. Assessment of Duties and Taxes
  Normally foreign merchandise removed into a Free Zone is relieved from import and internal taxes and duties. However, Customs also specifies the activities to be taken into consideration for the purpose of determining the value and quantity of goods and the rates of applicable duties and taxes if the merchandise is removed from the Zone for domestic consumption. The following circumstances is considered as imports:
  4.1 Entering merchandise from a Free Zone into Thailand for consumption;
  4.2 Transferring merchandise from a Free Zone into a bonded warehouse;
  4.3 Selling merchandise from a Free Zone to importers qualified for Customs privileges
  under Article 19 bis of Customs Act (No. 9) B.E. 2482 or those qualified for tax and duty exemption under the Customs Tariff Decree or any other relevant laws.  
  Customs duties and internal revenue taxes, if applicable, are paid at the rate of finish products when the merchandise is removed or transferred from the Zone for domestic consumption. The merchandise, either in its original state or after manipulation or manufacture, is classified and appraised and taxes and duties are determined in its condition at the time of transferring from the Zone. In case articles transferred from the Zone are composed or derived of both foreign and domestic merchandise, the value of domestic merchandise not qualified for tax refund/exemption schemes shall be excluded when the applicable taxes and duties are determined.
5. Establishing a Free Zone
  When a community determines that a Free Zone Project is needed and can be feasibly established and operated, then it must address the Free Zone application rules and process. Prior to preparing the application, several rules and regulations should have already been observed:
  5.1 Free Zones are normally private plant sites approved by the Customs Department,
  taking into account the suitability of the proposed sites and facilities. The Customs Department will consider the following factors in determining whether to issue a grant of authority (license) for a Free Zone Project:
  5.1.1 Industrial Free Zone: Applicants for an Industrial Free Zone shall meet either of the following criteria:
  (a) Granted authority from the Minister of Industry to establish an industrial activity zone; or
  (b) Granted authority from the Department of Industrial Works, Ministry of Industry, to operate an industrial community zone of building or dependent factory type; or
  (c) Granted authority from the Industrial Estate Authority of Thailand to operate a general industrial zone; or
  (d) Granted authority from the Board of Investment to invest in an industrial zone or software industrial zone or ornament and jewelry industrial zone; or
  (e) Granted authority to operate any other industries involving in economic growth and development.
  5.1.2 Commercial Free Zone: Applicants for a Commercial Free Zone shall carry out import/export related business as follows:
  (a) Trade, services, or international transportation;
  (b) Distribution of goods, bonded warehouses, or international goods distribution centers;
  (c) Exhibition or fair;
  (d) Repairing or engineering work;
  (e) Other operations approved by the Customs Department as involving in economic growth and development. A Free Zone may be composed of many subzones operating either Industrial/Commercial Free Zones or any other operations involving in economic growth and development; or a combination of any type of Free Zone.
  5.2 The key purpose of establishing a Free Zone shall not solely for advantages of any specific zone user.
  5.3 A Free Zone shall be encircled by a fence with a secured and sturdy gate. Depending on the nature and particular characteristics of the Zone, this requirement may not be applied.
  5.4 The licensee of a Free Zone shall provide utilities, necessary facilities and services. No residential areas are allowed in a Free Zone.
  5.5 The licensee of a Free Zone shall provide an appropriate office and residence for Customs officers. In addition, office equipment, and computers interfaced to Customs EDI shall also be provided for Customs.
6. Eligible Applicants to Establish a Free Zone
  State enterprises or private co-operations may apply for a grant of authority to establish a Free Zone Project. The applicants for the Zone Project shall meet the criteria listed below:
  6.1 A state enterprise or public cooperation under the Public Cooperation Act B.E. 2535 or a limited cooperation under the Civil and Commercial Code, with secure financial status. A limited cooperation under the Civil and Commercial Code shall have paid registered capital not less than 20 million bath for free zone located in Bangkok and near-by area, or not less 10 million bath for other area ; or at the amount considered appropriate and secure financial status by the Customs Department.
  6.2 Site ownership or applicant's right to manage the areas proposed for approval.
7. Procedures for Free Zone Licensees’ Application
  An application for a grant of authority to establish a Free Zone Project shall consist of a completed application form together with supporting documents listed below:
  (a) A grant of authority for operating an industrial-related activities as indicated in 5.1.1 (a) – (e);
  (b) A site blueprint of a size not less than 40X60 CM?;
  (c) Juristic person registration document;
  (d) A list of shareholders and registration certification issued not exceeding 6 months from the date of application;
  (e) Title deeds or certificate of title or land lease indicating ownership or applicant's right to manage the areas proposed for approval;
  (f) Financial statement for at least 3 consecutive years certified by a competent auditor;
  (g) VAT registration documents; and
  (h) Operational plan indicating plans for financing capital and operating costs; estimated time schedule for construction and activation of the Zone and a future site expansion plan.
  All documents shall be submitted to the Office of Secretary, the Thai Customs Department. Once an authority to establish the Zone is granted, the licensees (applicants) shall start construction the Zone site, taking into account the blueprint of zone site previously approved by the Customs Department. The licensee of the Zone is also required to give security by bond to the Customs Department in accordance with the Form prescribed by the Customs Department within 30 days from the date of granted authority. The security is placed to ensure the licensee’s compliance to Customs-related laws and regulations and to guarantee his/her responsibility for any potential damage that may occur to the Customs Department.
  The licensee shall pay an “Annual License Fee” at the rate regulated by the Ministerial Regulations on 31 December of every year.
8. Eligible Free Zone Users
  A Zone user is a party using a Zone under agreement with the Zone licensees or operators. The Customs Department will consider the following factors in determining whether to issue a grant of authority for a zone user:
  8.1 A juristic person with an approval from a Free Zone licensee and the Customs Department to operate Free Zone activities;
  8.2 Zone activities operated in a Free Zone shall be in compliance with the stated Free Zone objectives; or involving in economic growth and development. This requirement, nevertheless, is not applied to a zone user operating in the area before the establishment of the Zone.
  8.3 No past record of committing serious Customs-related offences or violation for the past 3 years.
9. Procedures for Free Zone Users’ Application
  An application for a grant of authority to be a zone user shall consist of a completed application form together with supporting documents listed below:
  (a) Juristic person registration document;
  (b) A list of shareholders and registration certification issued not exceeding 6 months from the application date;
  (c) VAT registration documents;
  (d) A grant of authority to operate a zone project from a Free Zone licensee; and
  (e) Site Plan indicating the location of the subzone within a Free Zone.
  Similar to a Free Zone licensee, a zone user is required to give security by bond to the Customs Department in accordance with the Form prescribed by the Customs Department within 30 days from the date of granted authority. The security is placed to ensure the zone user’s compliance to Customs-related laws and regulations and to guarantee his/her responsibility for any potential damage that may occur to the Customs Department.
10. Responsibilities of Free Zone Licensees and Users
  Both a Free Zone licensee and user shall comply with Customs-related laws, rules, and regulations, both the existing ones and those to be notified in the future. They shall also strictly follow the security by bond entered with the Customs Department. In case the Free Zone licensee and user break the rules and regulation of the Customs Department, and consequently causing any serious damages, the Customs Department is empowered to cancel the license or take any appropriate actions to remedy the damages. The cancellation shall take effect within 15 days from the date of issuing Customs’ cancellation notification.
11. Role of the Thai Customs Department
 

The Thai Customs Department is responsible for the removal or transfer of merchandise into and out of a Free Zone and for matters involving the collection of revenue. The Customs Privilege Bureau provides interpretations of the applicable statute, Customs regulations and procedures. The Bureau also is charged with overseeing Zone activities as the representative of the Thai Customs Department. It controls the admission of merchandise into the Zone, the handling and disposition of merchandise in the Zone, and the removal of merchandise from the Zone. Free Zones are supervised by Thai Customs officers through periodic checks and visits; and the security of the zone must meet certain requirements. In addition, the Tax and Duty Privilege Bureau, through an established Board, is also responsible to review and approve applications to establish, operate, and maintain a Free Zone. The Board also regulates the administration of the Zone and approves activation of the Zone before any merchandise is admitted into the Zone.

To attract the Small and Medium Size Enterprises (SMEs) in joining the Free Zone Scheme, Customs has extended a tax and duty privileges granted to business operators in Free Zones as follows:

  • Conditions Granting Tax and Duty Privilege: Customs has reviewed and revised conditions set out in the tax and duty privilege scheme to extend privileges to and attract more SMEs operators and One Tambol One Products (OTOP) operators.
  • Laws and Regulations on Import/Export License: As requirement for import/export licenses complicates import/export procedures under the Free Zones scheme, Customs has reviewed and revised laws and regulations to waive import/export licenses for prohibited and restricted goods removed into Free Zones and re-exported to other countries to ensure that Customs services are being provided in the Free Zones with maximum speed and efficiency.
  • Laws and Regulations on Standard and Quality Control: To extended privileges and reduce business transaction costs for business operators in the Free Zones, requirements for standard and quality control for goods removed onto the Free ones are relaxed. Exempting from standard and quality control allows the business operators in the Free Zones to gain more competitive advantages and subsequently generate more income to stimulate economic growth and development in Thailand.
  • Laws and Regulations on Hazardous Goods: The revised laws and regulations on hazardous goods empower Customs to control the hazardous goods removed into the country that may harm people, animals, plants, properties, or environment.
  • Reduction of Customs Duty: Goods removed from the Free Zones or export processing zones for domestic consumption will be subject to the same rate of tax and duty granted to similar imports under the ASEAN Common Effective Preferential Tariff Scheme.
12. Where is additional information available
  For answers to specific questions contact the Customs Privilege Bureau at:
Thai Customs Department
1 Sunthornkosa Road, Klong Toey, Bangkok, 10110
Tel: (662) 667-7334, (662) 667-7237
Fax: (662) 667-7334
Website: www.customs.go.th : contact us
 
 
>> Thai Customs <<
 
Best view with IE 5.0 or higher at 800x600 pixel and text size medium