What should a Waste Collection and Recycling Agreement include under Thai law?

1. Definitions and Interpretation
2. Services
3. Licences and Compliance
4. Customer's Obligations
5. Chain of Custody and Destination
6. Electronic Waste and Data-Bearing Devices
7. Non-Conforming Waste
8. Fees and Payment
9. Incidents, Insurance and Indemnities
10. Liability
11. Term and Termination
12. Notices, Law and General

• Collection and treatment services are a hire of work (Instrument 4 of the Stamp Duty Schedule): 1 THB for every 1,000 THB or part of 1,000 THB of the service fees. On the Contract Value you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered. The Contractor pays it (Clause 8.5). Payments for recyclables are a sale of goods and carry no stamp duty. If the Contract Value is 1,000,000 THB or more, the duty must be paid in money, or through the e-Stamp Duty system if the Agreement is signed electronically.
• A Thai company or juristic person that pays service fees to a Thai contractor normally withholds 3% and gives the withholding tax certificate (Clause 8.5). Ask your accountant how to record and invoice the sale of recyclables, including VAT.

• A business that collects or transports waste needs a licence from the local authority where it operates. Sorting, recycling, treatment and landfill facilities need factory licences for that type of work. Attach copies of all licences to Schedule 1 and diarise their expiry dates (Clause 3.1).
• Hazardous industrial waste may leave a factory only with the permit required by the Department of Industrial Works and must travel with a manifest or electronic tracking record. As the generator, the Customer remains responsible for its own permit and for checking that the manifest is closed by the receiving facility (Clause 3.3).
• This Agreement is not suitable for infectious waste from hospitals, clinics or laboratories, which must go through a licensed infectious-waste handler.

• Check the monthly report and collect the weighbridge tickets and certificates for each Waste Stream within … days after the month ends (Clauses 2.3 and 5.3). You may hold back payment for a Waste Stream until you receive them (Clause 8.3). These documents are your evidence if waste is later found dumped illegally, and support environmental and ESG reports.
• Train staff to segregate waste correctly. Non-Conforming Waste costs the Customer extra and remains its responsibility (Clauses 5.1 and 7).

• List Data-Bearing Devices by serial number before handing them over, and match the list against the destruction certificate (Clause 6.2). Under the Personal Data Protection Act, the Customer as data controller must report a data breach to the regulator within 72 hours after becoming aware of it in most cases, which is why the Contractor must report a lost device within 24 hours (Clause 6.3).

• Mark each item "for destruction" in writing and ask for photographs or video of the destruction for high-value branded goods (Clause 5.5).

• Keep the signed Agreement, licences, collection records, monthly reports and certificates for at least 5 years.
• A Thai court works in Thai. A Party that relies on this Agreement in court must file a certified Thai translation.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-CFEFE4. If you reuse this content, please credit the author and link to the original.