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Payment services
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FinTechs belonging to this category offer alternative payment services which are supposed to provide a faster and cheaper way for national, European, and international payments for private and business customers by using new technologies.

For example, payment service providers hereby offer solutions to easily integrate several payment services in online shops.

Some FinTechs furthermore provide real cash register systems and online-reservation solutions for restaurants and shops providing their own payment services or making use of the payment services of FinTechs described above.

Introduction

Attitude of the country towards modern payment services

Digital payment services are among the fastest-growing industries in Thailand. The Thai government has put forward the National E-payment Masterplan, which consists of five (5) key pillars: (1) payment infrastructure development; (2) e-tax system; (3) e-social welfare; (4) financial inclusion; and (5) cashless society. Overall, the social and political climate for digital payment in Thailand is strongly positive.

Legal affairs

Obligations and requirements to provide payment services or ancillary services described above

On 18 October 2017, the new Payment Systems Act B.E. 2560 (2017) was published in the Government Gazette, and the law came into effect 180 days later on 16 April 2018. This legislation reclassifies payment systems and services into three categories: (1) highly important payment systems such as BAHTNET and the Imaged Check Clearing and Archive System (ICAS); (2) designated payment systems; and (3) designated payment services.

“Highly important payment systems” are payment systems established and operated by the Bank of Thailand (BOT) only. Financial and nonfinancial institutions may engage in Designated Payment Systems or Designated Payment Services, but they need to apply for registration or a license from the Ministry of Finance (MOF) under the BOT recommendation. 

Designated Payment Systems

Under the Ministry of Finance Notification Re: Determining Designated Payment Systems, “Designated Payment Systems” include inter-institution fund transfer systems, payment card networks, and settlement systems with one or more of the following characteristics:

  1. Supporting transactions for the overall financial and economic systems of the country;
  2. Connecting and settling through the BAHTNET system, which is part of the primary national infrastructure; or 
  3. Having more than three (3) users, who may pose risks to the overall financial and economic system of the country or affect the confidence of the public or the stability of the payment system.

Designated Payment Services

Under the Ministry of Finance Notification Re: Determining Designated Payment Services, payment system businesses that provide any of the following services are deemed to be “Designated Payment Services,” operation of which requires a license from (or registration with) the BOT:

  1. Services relating to credit cards, debit cards, and ATM cards, except for cards used to settle payments for goods or services under the same business, or under the same franchise system.
  2. Electronic money services, subject to certain exemptions.
  3. Electronic payment services, including: acquiring a business; payment facilitation; and authorised payment reception service.
  4. Electronic fund transfers and money remittance.

The payment systems and services under these three (3) categories are tabulated below: 

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