BOI Revises Criteria for Foreign National Positions (Announcement Por 8/2568)

On 5 June 2025, the Board of Investment (“BOI”) published Announcement No. Por 8/2568, by virtue of the Investment Promotion Act B.E. 2520 (1977). This announcement revises the Criteria for Approval of Positions for Foreign Nationals, Placement of Foreign Nationals in Approved Positions, and Extension of Position Terms and Personnel under Sections 25 and 26.

This new regulation replaces the criteria previously set forth in Announcement Por 3. The significant changes regarding position definitions are summarised below.

A. Definition

B. Criteria for Approval of Positions for Foreign Nationals (Employment Ratio)

The new announcement shifts from a purely "necessity-based" assessment to a "quota-based" system, particularly for the manufacturing sector. The most critical update is the explicit requirement for the proportion of Thai employees.

For "Manufacturing projects of significant importance," the Board may consider lowering the Thai staff requirement on a case-by-case basis if the activities have specific and justified reasons.

C. Criteria for Placing Foreign Nationals in Approved Positions

1) General Business Positions

Announcement Por 8/2568 indicates that the BOI is maintaining its standardized approach to Foreign Expert qualifications, focusing on a clear tiered system of Age, Experience, and Salary.

2) Specific Business Positions

D. Effective Dates and Transitional Provisions