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On June 19, 2025, the Ministerial Regulation (No.5) B.E.2568 (2025) Issued Pursuant to the Hazardous Substance Act B.E. 2535 (1992) was published in Thailand’s Royal Gazette. This ministerial regulation introduces updated rules for the modification and renewal of Hazardous Substance Permit for activities involving Type 3 hazardous substances under HSA. It took effect immediately.
Background
In Thailand, chemicals in the List of Hazardous Substances under the Hazardous Substances Act B.E. 2535 (1992) are classified into 4 types (Type 1 ~ Type 4) based on their hazards. The list consists of six annexes, which are respectively regulated by six authorities. For Type 3 hazardous substances, a Hazardous Substance Permit shall be obtained before their production, import, export or possession.
To establish the criteria and improve the procedures for the permit application, the Ministry of Industry (MOI) of Thailand had issued the Ministerial Regulation B.E.2537 (1994) and its partial amendments namely Ministerial Regulation (No.4) B.E.2555 (2012) under HSA. Recently, the MOI released the Ministerial Regulation (No.5) B.E.2568 (2025) to amend certain provisions concerning the modification and renewal of the permit, and ensure the corresponding processes are in line with the Electronic Government Service Act B.E. 2565 (2022).
Electronic permit
The application, issuance, modification, and renewal for Hazardous Substance Permit under the ministerial regulation shall be carried out electronically in accordance with the Electronic Government Service Act B.E. 2565 (2022). The issued electronic permit shall contain the information or essential elements specified in the corresponding application forms stipulated in Clause 15, Paragraph 1 of the Ministerial Regulation B.E.2537 (1994). These application forms had been updated and attached to the Ministerial Regulation (No.4) B.E.2555 (2012). The electronic permit may also include specific additional information or electronic symbols.
In cases where electronic procedures cannot be carried out, relevant compliance actions shall be taken at the premises of the responsible authority for hazardous substance control or at the authority designated by the responsible authority.
Modification of the permit
Holders of the Hazardous Substance Permit, who want to modify the relevant items in the permit for the production, import, export or possession of Type 3 hazardous substance, shall submit the application together with the current permit and corresponding documents, to the responsible authority for hazardous substance control or at the authority designated by the responsible authority. Notably, it’s not allowed to modify the name, chemical formula, ratio, hazard properties or formulations of the hazardous substance. If the competent official approves the request for such modification, relevant items will be modified on the permit via online system, or a new permit will be issued. No fees are required.
Renewal of the permit
As for renewal of the Hazardous Substance Permit, holders shall submit the application form (WoAo.9) to the responsible authority for hazardous substance control or the authority designated by the responsible authority. If the competent official deems it necessary to renew the permit, the updates will be presented at the bottom of the permit, or a new permit will be issued.
Kind reminder
The applications for the permit to produce, import, export or possess Type 3 hazardous substances, including the applications for the modification and renewal of the permit, which have been submitted before the effective date of this new ministerial regulation, can be processed by the competent official as appropriate.
