Key Takeaways
- Data centres (policy, not law): a project counts as a data centre at 0.5 MW or more. Projects with a building permit or BOI promotion by 14 August 2026 can be approved under current rules. They must then meet some of the new minimum requirements within one year from a date the Cabinet has yet to announce. Newer projects must meet requirements that have not been published.
- Durian and salak: the Thai side has approved draft protocols with China. China's customs authority has asked to sign them during the Chinese Premier's visit on 13 to 15 November. The texts are not yet public.
- Steel pipes (draft): a mandatory standard would apply 90 days after the regulation is published in the Royal Gazette, with licences required for makers and importers. It has not yet been published.
- 16 December 2026 is a special holiday for government offices. The Cabinet summary says nothing about private employers.
- Mediation convention: Thailand will sign the IOMed Convention but will not be bound until it later ratifies, accepts or approves it.
1. Data Centres: New National Policy, With the Detailed Rules Still to Come
Relevant to: data centre developers, operators, investors and their landlords and power suppliers.
Status: Cabinet policy approved; not law; minimum requirements approved in draft "in principle" and not yet announced; implementing regulation and a registration law still to be prepared.
The source says agencies have slowed approvals, permits and BOI promotion certificates for data centres. The Cabinet has now approved a national policy put forward by the Data Centre Business Policy Committee. The policy defines a data centre as a facility using electronic equipment to collect, store, process, host or transmit data, for the operator itself, its affiliates or others, with a total power load (facility load) of 0.5 MW or more. It sets seven tiers by load, with the strictest rules for facilities of 200 MW and above. Read literally, the summary also lists a Tier 1 of below 0.5 MW, which sits uneasily with that definition. The definition takes effect only once an Office of the Prime Minister regulation is amended. The Ministry of Digital Economy and Society (MDES) is to draft a law requiring operators to register on a new online register, the TH-DC Dashboard.
Until the new rules are in place, MDES will screen projects centrally. Where it finds the permits complete and the project poses no issue for national power and water supply, it will notify the provincial governor, who decides whether the facility may open. The four transition groups are as follows. First, projects with a building permit or a building notification under Section 39 bis of the Building Control Act B.E. 2522 (1979) by 14 August 2026, or expansions adding less than 20 MW in total. These are approved under current rules, on condition that they meet the new environmental and economic requirements within one year of a date the Cabinet will announce. Second, projects with BOI promotion by 14 August 2026, on the same basis but for the environmental requirements only. Third, all other projects, including expansions of 20 MW or more. These are treated as new operators and must meet the minimum requirements in full. Fourth, a new operator that can adjust its investment to meet those requirements may be approved without waiting for the laws to be amended.
The minimum requirements cover four areas: economic, infrastructure, land use and buildings, and environment. Agencies expect about a year to amend the relevant laws. Power and water charges for data centres are to reflect their full cost. Future screening is to favour green facilities and projects that supply part of their own power and water, use local labour or components, and book their revenue in Thailand for corporate income tax.
2. China: Durian and Salak Protocols to Be Signed This Week
Relevant to: durian and salak growers, packing houses and exporters; automotive investors.
Status: draft protocols approved by the Thai side; signing requested by China for 13 to 15 November 2026; texts and start dates not yet public.
The Cabinet approved a new phytosanitary protocol (an agreement on plant health rules for exports) for fresh durian. For durian, it will replace the 2024 protocol on tropical fruit exports to China. It is meant to manage pests systematically from the orchard (GAP, good agricultural practice) to the packing house (GMP, good manufacturing practice), and so reduce the risk of China suspending imports. Durian exports to China reached 1,217,695 tonnes, worth THB 139,878 million, between January and September 2026. A separate protocol would open the Chinese market to fresh salak.
The Cabinet also approved Thailand joining China's food safety cooperation mechanism for Belt and Road countries. It approved an industrial cooperation memorandum (MOU) on automobiles, including electric and intelligent vehicles. The MOU sets out areas of cooperation and states no binding obligations.
3. Draft Mandatory Standard for Carbon Steel Structural Pipes
Relevant to: makers, importers and sellers of steel pipe; construction, furniture, signage and automotive parts businesses.
Status: draft ministerial regulation approved and already reviewed by the Council of State; not yet published in the Royal Gazette; not in force.
A ministerial regulation is a rule issued by a minister under an Act. The Council of State is the government's legal drafting body. A rule binds only once it is published in the Royal Gazette, the official journal. This draft would require carbon steel pipes for general structural use to meet Thai Industrial Standard TIS 107-2566. The standard covers round, square and rectangular pipes used in building frames, roof frames, steel furniture, electricity poles, sign posts, billboard frames, temporary construction works and automotive parts. It sets quality grades, coatings, wall thickness and marking.
The regulation would take effect 90 days after publication. From then, makers and importers would need a licence from the Thai Industrial Standards Institute (TISI). Sellers could sell only licensed pipes that conform to the standard. Breaches would be punishable under the law on industrial product standards.
4. Special Government Holiday on 16 December 2026
Relevant to: all employers, and anyone with filings or appointments at government offices.
Status: approved; a holiday for government offices.
The Cabinet designated Wednesday 16 December 2026 a special government holiday for the Royal Cremation Ceremony of Her Majesty Queen Sirikit The Queen Mother. The royal ceremonies run from 15 to 19 December. The summary does not address private employers or banks.
5. Thailand to Sign the IOMed Mediation Convention
Relevant to: businesses with cross-border investment or trade disputes, particularly China-related.
Status: signing approved; not binding on Thailand until ratification, acceptance or approval.
The Convention on the Establishment of the International Organization for Mediation (IOMed), an initiative of China, sets up a body to mediate disputes between states, between a state and an investor from another member state, and between private parties in international commercial disputes. Mediation is voluntary, sensitive matters such as sovereignty and maritime boundaries are excluded, and states may make reservations. Under Article 59(2), signing does not bind Thailand. The Ministry of Foreign Affairs considers that it is not a treaty requiring parliamentary approval.
Other Matters
Thailand will phase out six mercury-added products by 2030, including compact and linear fluorescent lamps, high-pressure mercury vapour lamps, switches and relays, and non-electronic measuring devices. The investment cap for the Rama 3 to Dao Khanong to Outer Ring Road West expressway rises by THB 7,200 million, to THB 38,444 million, to cover borrowing costs. A Chon Buri land readjustment project was exempted from the mangrove ban.
Where We Can Help
- Corporate & Commercial: data centre permits and BOI promotion, steel pipe licensing, export agreements.
- Taxation: the revenue-booking criterion for data centres.
- Immigration & Employment: staff and appointment planning around 16 December.
- Litigation & Dispute Resolution: mediation and arbitration strategy for cross-border disputes.
Contact us at +66 (0)2 233 0055 or [email protected].
Source: Secretariat of the Cabinet summary of the meeting of 10 November 2026, as republished by the National Innovation Agency (nia.go.th/news/page/detail/15563/). The summary is provisional, and the formal Cabinet resolution should be confirmed before any reliance is placed on it.
Disclaimer: This publication is intended for general informational purposes only and does not constitute legal advice. The information contained herein should not be relied upon as a substitute for specific legal counsel. For advice tailored to your circumstances, please contact Dej-Udom & Associates directly.