This research aims at analyzing potential, determining investment strategy in trade in services, analyzing laws considered as promoting measure and obstructing measure towards liberalization of trade in services in sector in which Thailand has potential and suggesting law development to enhance potential of service business and lessen obstacles of market access into ASEAN market under ASEAN Framework Agreement on Service (AFAS). This research emphasized by the qualitative method which includes document research and focus group mixing with the quantitative method which focusing on statistical analyze by indexes pursuant to each objective. Certain sectors in which Thailand has opportunity and potential are found out i.e. tourism and travel related service sector, construction and related engineering service sector, financial service sector. A definite strategy in trade in services and liberalization negotiation must be provided in these sectors. In analyzing Thailand’s legal measures considered as promoting and as obstructing market access of Thailand’s potential sectors in comparison to other ASEAN countries’ legal measures, the researcher finds out several obstacles in both main laws and subordinate laws, and both statutes and enforcement.
The researcher has suggestions for law development on corporate presence (Mode 3) in respect of definition of alien, prohibited service business, nominee holding shares for alien, leniency or exception of minimum capital of some kinds of SMEs, certain kinds of service requiring permission under the attachment list, raising fund and resource for construction
enterprises, Bitcoin recognition by law, laws on construction, building control, transportation, logistics and tax. Suggestions for law development on presence of natural person (Mode 4) i.e. market access of unskilled labor in supply chain in tourism sector, employment of foreign engineer and architect, development of tour guide’s career standard and standard of massager in health service establishment, capacity building for skilled labor in tourism sector and their English language use, immigration for finding job in foreign country. Such law development must keep in mind of protection and then competition, safeguarding of unfair competition, ASEAN way, reciprocity etc. In addition, development of Model Law shall be significant guideline for ASEAN countries’ legislation to be in conformity with AEC’s various effective agreement and potential agreements in the future.