Problems relating to Trade and Investment on Thailand
24. Indigested legislation, abrupt changes |
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Issue |
Issue details |
Requests |
Reference |
| (1) Nebulous Introduction of New | - GOT announced in August 2014 new subsidy scheme for roof top solar panel power generation, and started accepting application, without, however, release of guidelines for licences and approvals requisite for composition of the application documents. On the other hand, under the Power Purchase Agreement (PPA), GOT envisages construction completion by 31 January 2015. It has caused confusions in the industries and the subsequent delays of the project. (Achievement of the end of January deadline is unlikely, etc.) | - It is requested that GOT clearly identifies the licences and approvals required for the roof top solar panel power generation project, the timing of acquisition period. | - Factory Operation License (RorNgor4) - Plant Construction License - Controlled Energy Production Permit - Energy Operation License |
| (2) Legitimacy or Illegitimacy under Foreign Business Act ? Uncertain Rules for Violation Judgement | - In the event of billing the incurred cost to a third party (so called exchange of bill), it takes the form of selling goods other than the permitted business, amounting to violation of foreign business act. (For example, invoicing the cost of tools and dies, Personnel expenses of despatched workers employed for product selection between good and bad, etc.) No express rules are prepared either, such as "No violation results where actual cost incurred is verifiable". On the contingency that can arise in the course of business, absence of the express ruling exposes business operators to violation of laws. | - It is requested that GOT draws a clear line whether it amounts to lawful conducts or violation of law. | - Foreign Business Act |
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