Bangkok: Attawich Suwannaphakdee has raised concerns about Bangkok's lack of investigation into data center applications, urging the Department of Industrial Works to urgently determine if these centers fall under Section 5 of the Industrial Works Act.
According to Thai News Agency, Attawich highlighted that while the government is actively encouraging investment in data centers to propel the digital economy, it has neglected to establish the necessary legislative framework. He criticized the Bangkok Metropolitan Administration (BMA) for failing to perform factory status checks, suggesting that the Department of Industrial Works should urgently interpret the law. Attawich proposed that if data centers are not covered under Section 5, a regulation should be quickly established to classify them as type 108 factories, ensuring appropriate zoning controls.
Mr. Atthawich Suwannaphakdee, a member of the Ruam Thai Sang Chart Party, expressed his concerns about the government's ongoing invitations to foreign investors to establish data centers without supporting legislation. He accused Bangkok, as the initial point of contact for construction permits, of overlooking legal loopholes that allow foreigners to set up data centers in central urban areas. He questioned the extent of consideration by Bangkok officials, suggesting that if the BMA had sought an interpretation from the Department of Industrial Works regarding the applicability of Section 5 of the Factory Act, the situation might have been different.
Furthermore, Attawich called on the Department of Industrial Works to urgently determine whether a data center qualifies as a "factory" under Section 5 and falls within the 107 factory types. If ambiguity persists, he urged the Ministry of Industry to promptly designate data centers as type 108 factories. This classification would subject them to regulations, including urban planning laws that restrict their location in residential areas, necessitate an Environmental Impact Assessment (EIA), and enable the Ministry of Industry to oversee pollution, noise, heat, and safety standards. Attawich emphasized the crucial role of legal compliance in managing these facilities.