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5.3) Tax Benefits under Procurement Measures

               Relevant  legislation  includes  the  Ministry  of  Finance  Regulation  on  Designated  Goods  and
               Procurement Methods to Promote or Support Government-Desired Goods, B.E. 2563 (2020)       160 ,

               as amended (No. 2) B.E. 2563 (2020)  161  and (No. 3) B.E. 2564 (2021) 162 , issued under the Public
               Procurement and Supplies Administration Act, B.E. 2560 (2017) 163 . The most recent amendment
               expanded the list of eligible goods and services to include the products and services of registered
               social enterprises.

               Clause  6  of  the  Regulation  identifies  seven  categories  of  goods  designated  for  promotion or
               support, summarized as follows:

                   (1) Products from village or subdistrict occupational groups that meet regulatory criteria and

                       are certified by government agencies
                   (2) Products from cooperative stores or agricultural institutions certified by the Ministry of
                       Agriculture and Cooperatives
                   (3) Products manufactured or security services provided by the War Veterans Organization of
                       Thailand under Royal Patronage
                   (4) Products or services provided by organizations or foundations for persons with disabilities,
                       certified by relevant government agencies
                   (5) Products  from  prisons,  detention  centers,  or  correctional  institutions,  including
                       construction, contracting, services, or any work using inmate labor, as well as products

                       sold through the Department of Corrections’ outlets
                   (6) Goods, works, or services produced or provided by SMEs listed in the registry of the Office
                       of Small and Medium Enterprise Promotion (OSMEP)
                   (7) Goods, works, or services produced or provided by social enterprises registered under the
                       Social Enterprise Promotion Act, B.E. 2562

               The 2021 amendment (No. 3) allows government agencies to procure items under Clause 6 (1),
               (2), (3), (4), (5), or (7) using specific procurement methods. Alternatively, agencies may choose to
               use general invitation or selection methods. As a result, products, goods, and services from social

               enterprises  are  included  in  the  list  of  items  that  government  agencies  can  procure  through
               specific methods, even when contract values exceed 500,000 baht, which is the usual limit for


               160  Ministerial Regulation Prescribing Goods and Procurement Methods for Goods that the State Intends to Promote
               or Support, B.E. 2563 (2020), given on January 17, 2020.
               161  Ministerial Regulation Prescribing Goods and Procurement Methods for Goods that the State Intends to Promote
               or Support (No. 2), B.E. 2563 (2020), given on December 8, 2020.
               162  Ministerial Regulation Prescribing Goods and Procurement Methods for Goods that the State Intends to Promote
               or Support (No. 3), B.E. 2564 (2021), given on September 29, 2021.
               163  Public Procurement and Supplies Administration Act, B.E. 2560 (2017), Section 56 paragraph one (1) (g), (2) (g),
               and paragraph two; Section 65 paragraph two; and Section 75 paragraph two.
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