Thailand

Thailand’s energy needs are currently at a crossroads. At present, much of the energy consumed within the country is imported, and based on current projections, Thailand will become more dependent on imports in the coming decades.

Thailand’s energy needs are currently at a crossroads. At present, much of the energy consumed within the country is imported, and based on current projections, Thailand will become more dependent on imports in the coming decades. The Thai government hopes that new discoveries of domestic petroleum will reduce Thailand’s future dependency on foreign sources.

On 7 April 2022, the Ministry of Energy (“MOE”) announced a new bidding round for offshore exploration and production blocks in the Gulf of Thailand (the “24th Bid Round”), this announcement was published on the Director-General of the Department of Fuels (“DMF”)’s website on 19 April 2022. This is the first opportunity for exploration of new offshore areas after a delay of 15 years.

The 24th Bid Round consists of three offshore blocks in the Gulf of Thailand, identified as follows:

  1. Block G1/65 has an area of approximately 8,487.20 square kilometers, which is divided into two areas, i.e., area A covers around 8,298.49 square kilometers and area B covers around 188.71 square kilometers
  2. Block G2/65 has an area of approximately 15,030.14 square kilometers
  3. Block G3/65 has an area of approximately 11,646.67 square kilometers, which is divided into two areas, i.e., area A covers around 11,028.22 square kilometers and area B covers around 618.45 square kilometers

The three blocks will be explored under a production sharing contract, with a six-year exploration period (with a possible extension of three-years) and a 20-year production period (with a possible extension of 10 years).

Bidding Process

Potential bidders for a production sharing contract under the 24th Bid Round must submit an application and all required documents to the DMF between 5 September and 16 September 2022. The applicants must pay an application fee of THB 50,000 per block per application, which must be made in cash on the date the application is submitted. In addition, the applicants must place a bid bond in the amount of THB 3,000,000 per block per application. The bid bond must be an unconditional bank guarantee issued by a commercial bank with branches in Thailand, and its guarantee period must be no less than one year from the date of the application. The bid bond will be returned to unsuccessful bidders upon written request, or to successful bidders upon the signing of the production sharing contract (PSC).

Eligibility

Applicants must generally meet the requirements under section 24 of the Petroleum Act, i.e., they must be companies that command sufficient machinery, equipment, tools, specialists, and other resources necessary for the exploration and production of petroleum.

For at least two of the past three years, applicants must have had shareholder’s equity of no less than THB 300 million and a current ratio of not less than one. Further, applicants must have commanded the necessary resources to engage in petroleum exploration and production for the past five years. If an applicant does not satisfy the necessary requirements, that applicant may be required to submit a guarantee from an affiliated entity with a relationship in capital and/or management that satisfies the mandatory requirements.

Foreign companies are eligible, but they must have all relevant documents notarized by a foreign notary public or authenticated by a foreign embassy or consulate in Thailand or a Thai embassy or consulate abroad.

Basis for Evaluation

The MOE and the DMF will evaluate applicants on three criteria, which are: (1) the Petroleum Exploration Program (65%); (2) the Contactor’s Share of Profit Petroleum (25%); and (3) Special Advantages/Payments (10%).

Contract Form

The three blocks will be developed pursuant to a production sharing contract that complies substantially with the Ministerial Regulation Re: Prescribing Form of Production Sharing Contract B.E. 2561 (2018). This is in line with the 22nd Bidding Round in 2018 for the Erawan (G1/61) and Bongkot (G2/61) blocks.

Analysis and Implications

The Thai government intends to push for the completion of the 24th Bid Round as soon as possible because of the importance of exploring new potential petroleum reserves. Additional production areas will increase the country’s petroleum reserves to meet Thailand’s ever-growing demand for energy. Global petroleum and energy price volatility, recently caused by the conflict in Ukraine, has also increased the need to bolster Thailand’s energy self-sufficiency in the face of both current and potential global disruptions.. Therefore, new exploration for petroleum in Thailand can help increase the country’s energy security in the short- to medium-terms. Additional investment will also help increase private investment, which may facilitate an economic rebound in the wake of the Covid-19 pandemic.


 

By David Beckstead, Nuanporn Wechsuwanarux, Tachatorn Vedchapun

David Beckstead Nuanporn Wechsuwanarux Tachatorn Vedchapun

Chandler_MHM_Square_Logo

17th and 36th Floors, Sathorn Square Office Tower
98 North Sathorn Road, Silom, Bangrak
Bangkok 10500, Thailand

TEL:+66-2-009-5000
https://chandlermhm.com/

Related Articles by Firm
New regulation on the prohibition of sales of alcoholic beverages online
In line with evolving trends in technology, certain entrepreneurs and retailers have started using online channels to sell alcoholic beverages, which makes it difficult to ensure the sale of such beverages is in accordance with existing laws ...
Nok Air Rehabilitation Proceedings – Updates for Creditors and Lessors
As the global travel industry continues to grapple with the effects of COVID-19, many companies are now beginning to seek protections under various insolvency regimes ...
Thai data privacy act exemptions
A cabinet resolution has approved a draft Royal Decree on temporary exemption of PDPA enforcement for some organisations and businesses.
Procurement of power from community-based power projects
These projects are intended to help generate and distribute income to local communities and promote their participation in local power projects.
Updated standards for e-meeting security
The Emergency Decree requires that electronic meetings follow the security protocols set forth under a notification from the Ministry of Information and Communication Technology.
Waste to energy projects in Thailand
A brief overview of the legal issues related to the development of a municipal solid waste to energy project.
Scrutinising CP Group’s acquisition of Tesco
The decision of Thailand’s competition authorities will set a precedent regarding merger control and provide clarity on market definitions.
PPP projects in Thailand’s EEC
Thailand will continue to aggressively move forward with legislation that streamlines implementation of important PPP projects. This legislative trend presents new opportunities for foreign and local investors alike, with a focus particularly in Thailand’s infrastructure sector ...
Community-based power projects in Thailand
A feed-in tariff scheme for power generated by community-based projects has been approved.
Thailand Plus incentives under BOI
The two new incentives encourage companies to move from overseas to Thailand.
Thailand’s OTCC issues first industry-specific conduct guidelines
Guidelines on the conduct between wholesale and retail business operators and their trade partners announced by the Office of Trade Competition Commission.
Amendment to the Consumer Protection Act 
The Act strengthens the law relating to the safety of products and services.
Personal Data Protection Act published in the Government Gazette
Business operators should ensure that their businesses comply with the PDPA.
Amendment to Thai Arbitration Act
The Amendment expands the ability of foreign arbitrators and representatives to act in arbitral proceedings.
Update on Stamp Duty regulating electronic transactions
A new notification requires parties who enter certain electronic transactions to pay stamp duty in cash.
Ministerial Regulation removing back office services from the Foreign Business Operations Act announced
Certain back office service businesses will no longer require a foreign business licence.
Developments in Thai M&A
Corrupt practices, environmental breaches and merger filing are becoming more significant priorities for clients ...
Thailand: Projects and Energy
Commentary on the latest developments in the Thai projects and energy sector ...
Secondary laws under the Trade Competition Act BE 2560
The enactment of these five Notifications represents a significant leap of progress.
Thailand Update: Amendment to Work Permit Law
In response to criticism, the government decided to amend the Emergency Decree on Managing of Foreigners with relaxed penalties ...
Leasing of residential buildings − A contract-controlled business
The Contract Committee of The Consumer Protection Board recently announced a new Notification which designates the lease of residential property as a “contract-controlled business”.
New Mining Regulations for Thailand
On 30th January 2018, the Ministry of Industry issued a new notification regarding prohibited actions for foreigners ...
Mergers and acquisitions in Thailand
A number of factors are making Thailand a target of choice for international and regional investment ...
Thailand Anti-Corruption Update
National Anti-Corruption Commission Guidelines to Supplement Section 123/5 of the Organic Act on Counter Corruption ...
Amendment to the Thai Civil and Commercial Code
Part IX: Combination of Limited Companies ...
Thailand: Amendment to the Public Company Act
The National Council for Peace and Order has considered the lack of clarity on conditions, procedures and time limitations related to the laws governing business operations ...
Thailand: The Act on the Amendment to the Civil Procedure Code (No. 30) B.E. 2560 (2017)
There are a number of amendments to the current Civil Procedure Code (CPC) as part of its legal execution ...
Projects & Energy Special Report: Thailand: New Minerals Act
A new Minerals Act (BE 2560 (2017) was published on March 2, 2017 and took effect on August 30, 2017 (180 days after the publication date) ...
Thailand: ERC Announcement - Purchase of Electricity From Hybrid-Renewable Energy Small Power Producers
The Energy Regulatory Commission (ERC) issued an invitation to bid for the sale of electricity from Hybrid-Renewable Energy Small Power Producers (SPP) on 4 August 2017 ...
Thailand: New Amendment to the Labor Law
The Labor Protection Act B.E. 2541 (“LPA”) was first enacted in February 1998; the LPA has been amended several times ...
Thailand: Extension of the Reduced VAT Rate
Value added tax (VAT) is an indirect, non-cumulative, consumption tax levied on the supply of goods or provision of services in Thailand ...
Thailand: Ten year visa extension
Due to the rapidly increasing number of foreign senior-citizens seeking Thailand as a retirement destination, Thailand’s Cabinet recently approved the ten-year retirement visa extension ...
Thailand: The New Trade Competition Act
On 24 March 2017, the National Legislative Assembly (the “NLA”) in Thailand passed the final reading of the draft Trade Competition Act ...
Thailand: Amendment to BOI Act to create new BOI benefits
The Thai government has recently been promoting “Thailand 4.0”, which refers to creative and innovative industries ... as a master plan to pull Thailand out of the middle-income trap and toward becoming a high-income country ...
Energising Thailand’s M&A sector
With a focus on the energy and natural resources sector, Chandler & Thong-ek Partner Ratana Poonsombudlert answers our questions on Thailand’s M&A present and future
Related Articles
Related Articles by Jurisdiction
Ministerial Regulation removing back office services from the Foreign Business Operations Act announced
Certain back office service businesses will no longer require a foreign business licence.
Update on Thai civil procedure code:
Mediation and settlement prior to filing a suit ...
Latest Articles