New BOI regulations for expatriate employment in Thailand (Full Details)
These regulations aim to strike a balance between fostering economic growth and promoting local employment and skill development. They adjust the criteria for approving foreign personnel positions, their placement, and extensions under Sections 25 and 26 of the Investment Promotion Act B.E. 2520. This comprehensive new announcement supersedes Por. 3/2567, previously issued on 9 August 2024.
Eligibility and approval criteria for expatriate employees
The key criteria are as follows:
1. Employment ratios: Foreigners vs. Thais
The new regulations set clear guidelines regarding the composition of the workforce:
- Manufacturing businesses (over 100 employees): Foreign personnel positions generally should not exceed the number set by the BOI, with Thai personnel required to constitute at least 70% of the total workforce.
- Manufacturing businesses (under 100 employees) or service businesses: No specific Thai personnel employment ratio is mandated for these categories.
- High-priority manufacturing projects: Projects demonstrating exceptional needs that justify a lower Thai personnel ratio may be considered on a case-by-case basis by the BOI committee.
- Short-term positions (temporary and urgent assignments less than 6 months): These specific positions are exempt from the Thai personnel employment ratio requirements.
2. Approval periods for positions
The approval duration for expatriate positions are varied by business activities:
- General positions: Typically, is approved for up to 2 years.
- Trade and Investment Support Office (TISO), Business Process Outsourcing (BPO), and International Business Process Outsourcing (IBPO): Positions are approved for up to 1 year.
- International Headquarters (IHQ), International Trading Center (ITC), International Business Center (IBC), R&D, Target Technology Development, and Electronic Design Businesses: Positions in these sectors are approved up to 4 years.
- Science and technology researchers: Positions for researchers in these fields are also approved up to 4 years.
3. Position categorisation and qualification requirement
The announcement specifies details of age, experience, and minimum monthly salary requirements for various position levels:
| Level | Positions | Minimum age | Work experience | Minimum salary for a BOI company |
| Executive | Chairman, President, CEO, CFO, COO, CTO, Vice Chairman, Vice President, Executive Director, Managing Director, and General Manager. | 27 years* | At least 5 years of relevant experience* Exemption: Chairman, President, CEO, and Managing Director are exempt from age and experience requirements | Average income of no less than 150,000 Baht/month. |
| Management | Assistant Managing Director, Assistant Vice President, Manager and Advisor | 27 years | At least 5 years of relevant experience, and an average | An average income of no less than 75,000 Baht/ month (or 50,000 Baht/ month with a Bachelor's degree or higher) |
| Operation | Supervisor, Coordinator, Consultant, Account / Sales Executive | 22 years | At least 2 years of relevant experience with a matching qualification (or 5 years if the qualification does not match) | An average income of no less than 50,000 Baht / month |
| Science and technology researcher | 22 years | At least 2 years of relevant experience with a matching qualification (or 5 years if the qualification does not match) | An average income of no less than 75,000 Baht / month (or 50,000 Baht / month with a relevant Bachelor's degree or higher). | |
| Engineer | 22 years | A Bachelor's degree or higher in Engineering with at least 2 years of relevant experience, or 10 years of direct engineering experience if without an Engineering degree. | An average income of no less than 75,000 Baht / month (or 50,000 Baht / month with a Bachelor's degree or higher in Engineering). | |
| IT Specialist | 22 years | A Bachelor's degree or higher in relevant Science & Technology / IT / Software Development with at least 2 years of relevant experience, or 5 years if the qualification does not match | An average income must be no less than 75,000 Baht / month (or 50,000 Baht / month with a Bachelor's degree or higher in relevant Science & Technology / IT / Software Development). | |
| Operator for workstation (IBPO, BPO) | 22 years | Evidence of training in relevant fields | An average income of no less than 35,000 Baht / month. | |
| Teacher | 22 years | Requires a teacher appointment letter and professional license from the Teachers' Council | N/A | |
| Pilot | 22 years | At least 2 years of relevant experience with a matching qualification (or 5 years if the qualification does not match). Requires a professional license (validation) and a supporting letter from the Civil Aviation Authority of Thailand. | N/A |
4. Income verification
Proof of income is typically based on the employment contract. However, if the foreign personnel left the same position within one year before re-applying, income from the summary tax return (P.N.D. 1 Kor form) or monthly tax return (P.N.D. 1 form) will be considered. Positions granted approval for less than 6 months are exempt from minimum salary requirements.
5. Extension of positions and individual placement
Extensions for both positions and individual placement are evaluated based on factors such as business plans, production expansion, process improvements, product quality standards, and adherence to Thai personnel employment ratios. Similar employment ratio criteria apply for extensions as for initial approvals. The extension period for individual placement will not exceed the maximum allowed for their specific position type as per the initial approval criteria. Expatriate employees seeking extensions must meet the stated qualifications, with income verified by P.N.D. 1 Kor or P.N.D. 1 if they have been in the position for less than one year.
These announcements serve as general criteria. However, additional conditions may apply as stipulated in promotion certificates, special approvals granted by the Board, or in case-by-case considerations by the Secretary-General. The Secretary-General retains the authority to make decisions in situations not explicitly covered by this announcement.
6. Effective dates
- For projects that are issued promotion certificates on or after 5 June 2025 (the announcement date): The above criteria will take effect from 1 October 2025.
- For projects that are issued promotion certificates before the announcement date: The regulations will take effect from 1 January 2026.
References (in Thai):
- Board of Investment Announcement No. Por 8/2564. Retrieved from the Thailand Board of Investment.
- BOI e-Newsletter June 2025 (Facebook post). Retrieved from the Facebook page BOI news.