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In brief

At present, certain promotional activities (e.g., sweepstakes, raffle games or random premiums) are subject to the Gambling Act, B.E. 2478 (1935) (“Gambling Act“), which require the business operator to get permission from the Department of Provincial Administration.

The Gambling Act regulates all sweepstakes activities with a strict and complicated permission system. The Office of the Council of State has now updated the requirements under the Gambling Act by passing the Bill on Sweepstakes Activities in the Course of Business or Occupation (“Sweepstakes Bill“) to reduce the strict procedures and difficulties for business operators in arranging these promotional activities.


The purpose of this Sweepstakes Bill is to:

  • Reduce the strict and complicated permission procedure for sweepstakes activities that are not gambling games
  • Implement a notification method instead of the permission method for some promotional sweepstakes activities
  • Decrease the degree of seriousness of violation by providing administrative penalties for certain violations
  • Provide a mechanism for any persons, subject to certain conditions, to file a case to the administrative court to revoke prohibited activities set out in the subordinate law issued under the Sweepstakes Bill

This Sweepstakes Bill is still in the public hearing process. We will keep you updated if there is any significant progress.
 

Author

Napatorn joined Baker McKenzie in 2010. She is active in the consumer goods and retail and healthcare and life sciences industries as well as investigations, compliance and ethics and mergers and acquisitions practices.

Author

Yuthana is a partner and co-head of the Investigations, Compliance & Ethics Practice Group at Baker McKenzie, Bangkok. He is an acknowledged leader in the field of government procurement and contracts, and public-private partnership (PPP) projects. One of his most notable areas of expertise is advising on court cases that challenge decisions made by government authorities, or address disputes arising from procurements, bid rigging, administrative orders and contracts, as well as arbitration proceedings. Prior to joining the Firm, he was a judge advocate, serving in the Royal Thai Navy for more than five years, becoming well versed in government procurement and contracts, and negotiation and investigation skills. His roles and responsibilities covered a wide range of issues dealing with administrative law, government contracts and civilian and military personnel law, acting as an inquiry official legally empowered to conduct investigations. His responsibilities also extended to the provision of legal advice in the area of procurements, terms of reference (TOR), and contracts in procuring armaments and naval ships, as well as the law on the use of navally supervised state-owned land, including drafting rules and regulations and negotiating international contracts for the Royal Thai Navy.

Author

Haruthai Chaisanee is an Associate in Baker McKenzie Bangkok office.

Author

Pongtorn Jittapinijmas is an Associate in Baker McKenzie Bangkok office.

Author

Woraphan Khunakornkorbkij is a Legal Professional in Baker McKenzie, Bangkok office.

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