Value Added Tax (VAT) in Thailand

Value Added Tax or VAT is an evaluation tax which applies to all wholesalers, manufacturers, producers, importers, shops and other entities offering direct services until exempted underneath the revenue Code. All corporations not included by the revenue Code exemption need to sign up and adopt the VAT system.

Following are distinctive as exempted from VAT.

  • corporations with turnover not in excess of 1.8 million Baht in a year

corporations engaged in:

  • the sale and import of raw agricultural products and related items
  • the sale and import of newspapers, magazines and textbooks
  • health and academic services, domestic transport
  • leasing of immovable property
  • items exempt from import duty and destined for export-processing zones are covered in this category, along side research and technical services, labor contracts, auditing and legal services.

VAT standard rate and payment schedule

The present day VAT rate is 7%. VAT is payable on the 15th of the month following the month in which VAT is accrued. VAT will become payable on the 7th of the month following the month of the fee if self-assessment of VAT output is needed at the price of certain income to non-citizens.

Agencies that qualify for VAT exemptions ought to still pay VAT on products and services it purchases but isn’t entitled to a VAT refund. Such corporations are not required to gather VAT on its income or document month-to-month VAT forms. If the exempt organisation opts to do so voluntarily, it’ll be entitled to a VAT refund if registered for VAT functions.

Real estate Taxes

Residence and land tax and local development tax are levied via the municipalities on Thai properties. it’s far imposed annually at the proprietors of a residence, a building structure or land that is rented or used commercially. real estate tax fee is 12.5% of the actual or assessed annual property value of the assets. The local development tax is likewise an annual tax paid through the owner of the land or the individual in ownership of the land. The local development tax charge will depend upon the appraised cost of the property in line with the assessment of local government. The price ranges from 0.25% to 0.95%.

Taxes Imposed on Thai belongings

The following tax requirements should be considered when buying belongings in Thailand:

VAT of 7 percent paid each month
Land and residence Tax of 12.5% of the rental value of the property to be paid every year
Withholding Tax of 15% applicable to rents paid to nonresident individuals and foreign agencies without active commercial enterprise operations in Thailand
The need for Tax planning

The advantage of tax planning is that everybody gets to arrange their financial affairs so they may be aware about precisely how much they need to pay in taxes for properties they acquire, according to the provisions of the law.

An overseas investor who is making plans to buy a villa in a premiere development held in a Thai organization need to cautiously remember the tax consequences or tax exposures of the purchase. The same applies to property deals that require the proprietor to take a shareholding in a organization

work permit thailand

Procedures to Obtain Work Permit in Thailand

Without a work permit, foreigners are not allowed to work even if they have got different types of visa. the following procedures need to be followed in applying for a Thai work permit or visa:

The foreign worker should acquire a nonimmigrant visa or a resident visa before entering Thailand. this is required to be able to apply for a work permit. With a non-immigrant B visa, the overseas worker may begin to process the work permit. work permit application processing is carried out at the office of the Ministry of labor. the standard processing takes 7 business days, once in a while more. The overseas worker applying for a work permit need to have an available organization who will provide the files required for processing. The foreign employee need to also have a position or a job that is not prohibited to foreigners.

If the process applied for calls for a license under a particular regulation (e.g. instructor, physician, press card from the public relations department, etc.), similarly to the Alien occupation law, a photocopy of such license will be attached.
If the applicant is married to a Thai national, the authentic and photocopies of marriage certificates, spouse’s identification card, birth certificate of kids, household registration, in addition to photocopy of every page of the applicant’s passport should be provided.

Work permit, as soon as approved and granted should be carried by the foreign employee all of the time particularly at the place of work for presentation within the occasion of random immigration checks. The foreigner is only allowed to carry out the job stated inside the work permit and with the specific organisation.
The foreign worker desires to pick up his blue work permit book personally on the Ministry of labor office. work permit can be issued with validity starting from 90 days, 6 month or 12 months and this is at the discretion of the labor officer. it is also possible to have a visa (non-immigrant or resident) that expires on a completely different date to the work allow due to the new immigration regulations.
if you require some help in processing your immigration or work visa in Thailand, don’t hesitate to email or call HWAL legal in Phuket.

Files needed for a Work Permit Application:

Company Requirements

  • Employment agreement
  • Letter of employment stating position and salary of applicant
  • Office map
  • Photocopy of the director’s passport and work permit with signature affixed
  • Financial statement
  • Withholding tax of the company
  • Application for VAT
  • List of shareholders
  • Company certificates and objectives
  • The employer should provide the following:
  • Application form (W.P.2)
  • Three 5×6 cm. full-faced, bareheaded, black and white or color photographs, taken no more than six months prior to the filing of the application
  • A recent medical certificate from a first-class licensed physician in Thailand stating that the applicant is not of unsound mind and not suffering from contagious or infectious diseases, narcotic addiction or habitual alcoholism
  • Original passport
  • Letter of Employment
  • Certificate of Degree and CV or Resume showing application’s educational qualifications and describing in detail the applicant’s past position, duties, performance, and place and length of employment
Thailand Visa

Student Visa Application in Thailand

In general, any overseas national who wants to enter the kingdom of Thailand is needed to acquire a visa according to the cause of their stay inside the country. but, there are specific nations whose citizens are allowed to live in Thailand for a selected number of days while not having to gain a visa of any sort.

Foreign nationals who want to study in Thailand, they need to acquire a student visa because it will allow them to live in Thailand even as they pursue their studies. Any overseas national can practice for a twelve months Non-Immigrant student visa but Student must be at least 12 years old and enrolled in any one of the educational programs by recognized and accredited educational institutions in Thailand.

The school or educational institution will apply for a letter of acceptance from the Thai Ministry of education requesting a 365 days ED visa for the student. This letter will be submitted by the student to a Thai embassy or consulate outside Thailand. The Thai embassy or consulate will issue a one-year Non-immigrant ED visa so as to be used in entering Thailand.

On arrival in Thailand, the student will be permitted to stay for 90 days.

Requirements for Eligibility to ED (Education) Visa in Thailand

Educational programs may be:

  • 6-month course with 100 hours of group study and 30 hours of private lessons.
  • 11-month course with 180 hours of group study and 40 hours of private lessons.
  • 1 year course with 18 hours of group study and 50 hours of private lessons.
  • Procedure in Processing ED Visa

A deposit of 70% of the tuition fee should be paid to the school in order to start Visa processing If the student is already in Thailand holding a tourist visa, If the student is outside Thailand, the tuition fee for the selected course will be paid in full.

Student must submit the following documents to the school for visa application processing:

  • Copy of passport
  • Application form provided by school properly filled out
  • 6 photos

If you need legal help don’t hesitate to contact us.

classification of heir in thailand

Validity of Thai Wills

The idea of making a will is something most of the people are reluctant to even consider. As loss of life is a very sensitive issue, any topic that is directly or indirectly associated with it is avoided. however, for other people, writing a will is almost a necessity particularly if it concerns large property, assets and investments.

In Thailand, the exercise of making a will and testament is pretty not unusual amongst those in the top strata of society. The Thai people generally recognize the significance of executing a last will and testament so that the distribution of the property and residences will be done according to what is distinct inside the will. in the absence of which, the Thai inheritance law will decide what happens for your property upon your demise. One possibility is that your property, with out a will, can be distributed in line with the conditions of the Thai Civil and commercial Code taking account the kinds of relationships and order of priority of the lawful heirs.
For a Thai Will and testament to be valid the will need to be made by someone of sound mind and need to follow one of the forms prescribed in chapter 2 of the Civil and commercial Code.
a person need to be at least 15 years of age or he cannot witness or make a will. The beneficiary in the last will or testament can’t be a witness of the will.
A Thai Will and testament is considered final and executory if all the particular necessities and prerequisites of the sort of Will and testimony made are complied with. If one of the specifications are not met, it can be questioned for its validity, and in the end be considered null and void.

Kinds of Will in Thailand

Holographic Will. The most common last will and testament in Thailand is one carried out via the testator in writing, dated at the time it turned into written, signed through the testator with at least 2 witnesses who sign their names to certify the signature of the testator.
A secret document registered with the local amphur. The testator have to close the document (his last Will), sign and hand it over to the same official as defined in section 1660 of the Civil and commercial Code. 2 witnesses must also sign the closed document and the official will seal the closed final Will and testament. If the last Will and testament was not handwritten by way of the testator, he (testator) have to state the name and domicile of the writer.
Will by using word of Mouth. that is allowed under Thai law in sure cases or superb instances such as imminent danger of dying which prevents the person from creating a will in any of the prescribed forms as prescribed inside the Civil and commercial Code.
A public document. The last Will and testimony may be made as a public record at the local amphur by way of a declaration to the relevant public officer. The testator must claim his needs inside the Thai language to the general public officer who in turn have to write down the testator’s statement in the Will in Thai. The official should read the declaration once more to the testator and witnesses who have to additionally sign the last Will that is drawn up with the aid of the Thai public officer. it’s far required that the testator using this form need to read and write Thai.
The last Will and testament in Thailand is difficulty to the appointment of an executor or administrator. The court determines if the testator has made a valid will. If no legitimate legal Will and testament is made or decided, the property could be disbursed most of the statutory heirs pursuant to precise Thai Inheritance laws.

BOI Advantages, Protection and Guarantees

Thailand started to understand overseas investment as an important element in growing the countryís economic system inside the 1950s through enacting its first investment promotion legislation in 1954 via the industrial promotion Act No 19. but, the shortage of an administrative agency limited this Actís effectiveness.

The Industrial Promotion Act B.E. 2503 (1960) created the Board of Investment addresses the issue at hand. The Industrial Promotion Act B.E. 2505 (1962) and the National Executive Council Announcement No. 227 B.E. 2515 (1972) followed. These laws contained similar provisions for the administration and granting of incentives for both foreign and domestic investment

The Board of Investment is mandated by the government to grant the following incentives, guarantees and protection governed under The Investment Promotion Act B.E. 2520 (1977).

Incentives

Tax Incentives. The Act stipulates that promoted investments are entitled to acquire numerous types of tax exemptions. Promoted investments are exempted from corporate income tax on net profits for a period of three to eight years.

Exemption from charge of import duties on machinery may be granted by way of the BOI provided comparable machinery isn’t being produced locally.
If not fulfilling the above condition, BOI may additionally supply 50% reduction on equipment import duties instead.
BOI may offer reductions on import obligations of as much as 90% on imported raw substances which aren’t available locally.
Exemption from corporate income tax identical to the amount of investment no longer including the cost of land and operating capital for up to 8 years.
Exemption on a juristic personís income tax and dividends derived from promoted activities
50% discount of the juristic personís income tax
Double deductions from the price of transportation, energy and water supply
extra 25% deduction of value of set up or construction of facilities
Exemption of import duty on raw or critical materials for use in manufacturing for export
Non-Tax Incentives

On top of the tax incentives, the BOI offers non-tax incentives to a promoted organisation regardless of location which include:

Bringing in foreign nationals to engage in investment feasibility studies
Bringing in overseas technicians and specialists to work on promoted projects
proudly owning land to undertake the promoted activities
Remitting foreign currencies

Guarantees

The Board of Investment provides guarantees against:

Nationalization of the activity of the promoted person
Competition from state enterprise
State monopolization of products similar to products produced by the promoted project
Price controls on the products of the promoted activities
Tax exempt imports by state enterprises
Granting of permission to export at all times
Protection

Protection measures include:

Imposition of a surcharge on imports at a rate not more than 50% of the price of overseas insurance and freight charges for a period of not exceeding one year.
Import bans on competing products to provide additional protection for the promoted project or activity.
Authority of the BOI Chairman to order any action or tax relief sanctions to benefit the promoted projects especially in cases where problems or obstacles in the course of carrying out the promoted project are encountered.

List of Payments in When Setting up Business in Phuket

The most common question many investors have is whether it’s far costly to do business in Thailand, in Phuket more especially. the answer to this query varies. it’s going to rely on a lot of factors like type of business, size of properties workplace, labor fees, and many others. overall, if to be in comparison with other nations, doing business in Phuket Thailand may nonetheless show to be cheaper.

The Board of investment of Thailand has provided a breakdown of all anticipated expenses like charges, capitalization, and so forth. entailed by using registration of a business or employer in Thailand. The figures will give you an concept more or much less of how an awful lot funds you want to prepare and have if you plan to function a enterprise in Thailand.

The charges of you need to start and operate a business in Thailand include:
GOVERNMENT FEES FOR VISAS
Work permit for 3 months
Work permit for 6 months
Work permit for 1 year
Work permit for 2 years
One-year visa
Re-entry visa (single/multiple)
VISA PROCESSING FEES (LAW FIRMS)
Work permit (New)
Visa extension
Re-entry visa
GOVERNMENT FEES FOR COMPANY REGISTRATION
Company registration
List 2 Alien business license
List 3 Alien business license
Factory license
ACCOUNTING RATE
Tax returns and VAT
Legal registration per page
Review / draft contracts, agreements

other related variable prices. those charges will range in line with type and location of business.
office rental
construction costs
Translation prices
Paid-up capital
putting in of financial institution bills
communication and software putting in fees
coverage for commercial enterprise and humans
it’s far important to keep in mind that the funding prices range in line with the business sector or category your business could be classified under. investment into a restaurant can be some thing between 500,000 to 30,000,000 THB at the same time as investment into a hotel may be anything among 5,000,000 THB up to xxx billions THB.

Labor prices may also rely upon the qualification required by the position but typically, price of labor in Phuket Thailand is within acceptable and affordable range. BOI survey confirmed that median cost of exertions according to month could be among 100,000 THB for a managing Director, 75,000 THB for a financial Controller, 55,000 for managers, 27,000 THB for an executive secretary, 18,000 THB for an accountant or an engineer, 15,000 THB for sales personnel, 10,000 THB for office Clerk and among 10,000 to 8,000 THB for professional labor

Despite the fact that most of the predicted costs were identified and priced, there are always unexpected expenses which investors ought to be organized for. some of such unexpected expenses might be penalty for expired work permits or visa, injuries all through production, and many others. This listing must by some means help make an estimate of the initial funding required for doing a commercial enterprise in Phuket Thailand.

Foreign Business Approvals from BOI

Thailand gives all the factors a foreign investor would look for ñ inexpensive and hardworking personnel, an emerging bullish economy, a burgeoning domestic marketplace and a supportive government in terms of economic liberalization and growth.

The driving force in the back of Thailandís extraordinary economic growth is overseas investment with the government supporting and inspiring foreign traders from Japan, Singapore, Europe, usa, Hong Kong and Taiwan. Japan is currently the biggest stakeholder in overseas funding in Thailand. And at the same time as the country offers drastically favorable conditions to entice foreign traders inside the country, the major setback is the countryís policy on majority foreign possession that is constrained to 49%, giving away the majority possession of 51% to nearby Thai nationals. additionally, foreigners want to have Board of investment (BOI) promoting for his or her business activities in Thailand.

Regardless of the restrictions, a lot of overseas investors have shown interest in operating business in Thailand, endorsed by the countryís promise of an amazing business placing that will be useful to both the investors and Thailandís economy. And with overseas investment coming in, foreign investors want to have preliminary consultations with either an accounting company or law firm in Phuket to apprehend the situations, guidelines, rules and laws, surrounding the formation of a company in Thailand. investors need to get familiar with positive BOI rules covering their privileges if satisfying the standards for BOI promotional activities. company registration Phuket style might also sound easy, but in reality has loads of documentation compliance.

The BOI is mandated by way of the government because the most important government agency for encouraging investment. they are tasked with devising and implementing techniques under which promotional activities are organized. The approval of foreign business activities in Thailand comes from the BOI. They, collectively with the Ministry of commerce are tasked to offer the approval for foreign investment applications under the BOI promotional activities.

Additionally, the BOI has the power, exercised on a case through case basis, to supply financial and other promotional incentives to Thai registered companies that may consist of the following rights: majority foreign possession; possession of land and homes; exemption from import duty on imported raw materials and machinery used inside the promoted business; and exemption from corporate income tax for up to eight years.

BOI criteria for undertaking Approval

For projects with funding capital no longer exceeding Baht 500 million (except the cost of land and running capital), the subsequent standards are used:

the fee brought is not less than 20% of income revenue, besides tasks that manufacture electronic products and parts or processed agricultural produce, and projects granted unique approval by the Board;
ratio of liabilities to registered capital have to now not exceed 3 to 1 for a newly set up project. growth projects are considered on a case by means of case basis.
a promoted project will be required to use current machinery and production strategies. In cases in which old equipment may be used, its efficiency should be licensed through reliable institutions and should attain the Board approval; adequate environmental protection systems are installed.
For projects with investment capital (except for the cost of land and running capital) over Baht 500 million, a feasibility study for the project, as prescribed with the aid of the Board, must be submitted.
as long as the foreign investors follow the standards, rules and rules set out through the BOI pertinent to ownership requirement, monetary requirement, etc., and as long as the promotional activities are deemed sound and financially benefitting the country and its economy, BOI approval can be granted truly.

Thailand Visa

Difference Between Non-Immigrant Visas

There are sorts of Non-Immigrant Visa issued to foreigners who need to live within the kingdom – Non-Immigrant Visa “B”, and Non-Immigrant Visa “O”. For better knowledge on how to process and work the visa application process, you may seek advice from an immigration lawyer in Phuket for better procedure guidance.

the following describes each visa elegance or class:

Non-Immigrant Visa “O”

This sort of visa is issued to foreigners seeking to live in Thailand for an extended time period. Strictly speaking, this Non-Immigrant Visa “O” may be obtained by every person despite the fact that the maximum likely individual to acquire this visa class is a partner of a holder of a Thai Non-Immigrant business “B” visa. The “O” visa of the partner could be primarily based upon the other spouse’s “B” visa. With the Visa “O”, the holder may also or won’t be able to acquire work permit in Thailand. In widespread, best the ones in Thailand keeping Non-Immigrant Visa “O” primarily based upon marriage to a Thai “B” visa holder can be entitled to acquire a work permit.

How the Visa Works

This Visa “O” is available as a single entry with 90 days validity or a multiple access with one year validity.

The single entry visa lets in the traveller to spend not greater than 90 days inside Thailand although this will be extended for an extra 30 days via visiting an immigration office.
The multiple entry visa with 12 months period permits the individual to depart and re-enter Thailand in a vast number of instances inside the 365 days validity duration. Visa holders who depart and re-enter Thailand earlier than the cease of the 90 days period will get hold of a stamp on their passport permitting them to live in Thailand for some other ninety days. Extension of this ninety day stamp is possible by means of travelling an immigration workplace wherein visa might be given a 30 days extension.
once the duration of stay is up, the visa holder will need to leave Thailand. A common practice although is to cross the border and turn right around and re-enter the country after an hour or , to get hold of a new 90 days stamp again on the passport.

Non-Immigrant Visa “B” (for enterprise and work)

This visa is issued to foreigners who desire to work or conduct business in Thailand. Foreigners who adopt investment activities in the kingdom could be issued a Non-Immigrant Visa “B”. under this Visa class, other categories of Non-Immigrant Visa B are provided to satisfy the needs and qualifications of individual business persons – business Visa class B; business-approved Visa category B-A and investment and business Visa category 1B. Visa holders of this category need to be granted work permit earlier than starting work. it is available as single access with ninety days duration and a couple of access with 365 days length.

A Non-Immigrant Visa ‘B’ works in exactly the equal way (in terms of leaving and reentering Thailand every 90 days, up to the twelve months visa validity duration) as Non-Immigrant Visa ‘O’ with one exception. The Visa “B” may be a commercial enterprise visa or work visa, that is a prerequisite to acquiring a work allow in Thailand.

Alien or Foreign Employment, working Act of Thailand

Thai Law Garuda emblem

BHUMIBOL ADULYADEJ, REX.

Given on the 8th Day of July B.E. 2521,

Being the 33rdYear of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to revise the law on working of aliens;

Be it, therefore, enacted by the King, by a, Part nd with the advice and consent of the National Legislative Assembly as follows:

Section 1. This Act is called the “Working of Aliens Act, B.E. 2521.”

Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.*

Section 3. The Announcement of the National Executive Council No. 322, dated 13th December B.E. 2515 shall be repealed.

Section 4. This Act does not apply to performance of specific duty by aliens in the Kingdom in the following capacities:

(1) as members of a diplomatic mission;

(2) as members of a consular mission;

(3) as representatives of member countries and officials of the United Nations and specialized institutions;

(4) as personal servants coming from foreign countries to work regularly for persons in (1) or (2) or (3);

(5) as persons who perform duty or mission under an agreement concluded between the Government of Thailand and foreign Governments or international organizations;

(6) as persons who perform duty or mission for the benefit of education, culture, art, sports or other activities as may be prescribed by the Royal Decree;

(7) as persons permitted by the Government of Thailand to enter and perform any duty or mission.

______________

*Published in the Government Gazette Vol. 95, Part 73, Special Issue, dated

21stJuly B.E. 2521 (1978)

Section 5. In this Act, “alien” means a natural person who is not of Thai nationality;

“work” means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefit;

“permit” means a work permit;

“holder of permit” means an alien who has been granted a permit;

“Committee” means the Committee Considering Working of Aliens;

“competent official” means person appointed by the Minister for the execution of this Act;

“Registrar” means person appointed by the Minister as Registrar of working of aliens;

“Director-General” means the Director-General of the Labour Department;

“Minister” means the Minister having charge and control of the execution of this Act.

Section 6. Subject to section 12, any work which an alien is prohibited to engage in any locality and at any particular time and whether subject to absolute or conditional prohibition, and to any extent shall be prescribed by the Royal Decree.

Section 7. Subject to section 10, an alien may engage in any work which is not prohibited by the Royal Decree issued under section 6 only upon receipt of a permit from the Director-General or official entrusted by the Director-General except an alien who is permitted to enter the Kingdom for temporary stay under the law on immigration in order to engage in the work which is of necessity and urgency for period not longer than fifteen days, but such alien may engage in the work after he has notified the Director-General or official entrusted by the Director-General in writing in the forms prescribed by the Director-General.

Section 8. Subject to the law on immigration, any person wishing to employ an alien in his business in the Kingdom may submit an application on behalf of the alien to the Director-General or official entrusted by the Director-General. The Director-General or official entrusted by the Director-General may issue permit to an alien under paragraph one only after the entry into the Kingdom of such alien.

Section 9. In granting a permit to alien under section 7 and section 8, the Director-General or official entrusted by the Director-General may prescribe any condition therein for the alien to comply therewith. In such case, the alien is required to give assurances that he would comply with such conditions and in the case under section 8, such alien shall give assurances prior to his entry into the Kingdom.

Section 10. An alien who has been permitted entry to work in the Kingdom under the law on promotion of investment or other laws shall apply for a permit with the Director-General or official entrusted by the Director-General within thirty days from the date of his entry into the Kingdom, but if such alien is already in the Kingdom, the period of thirty days shall begin as from the day he is aware that he has been granted permission to work under the law on promotion of investment or other laws. Pending the issue of permit, the applicant shall be allowed to engage in such work. Upon receipt of application, the Director-General or official entrusted by the Director-General shall issue a permit without delay.

Section 11. An alien who may apply for a permit under section 7 must possess the following qualifications:
F(1) having a place of residence in the Kingdom or having been permitted entry into the Kingdom for temporary stay under the law on immigration but not as tourist or in transit;
(2) not being disqualified or prohibited under the conditions prescribed by the Minister as published in the Government Gazette.

Section 12. The following aliens may engage in only such works which have been prescribed by the Minister as published in the Government Gazette. In such Notification, the Minister may prescribe any condition as he may deem appropriate:

(1) aliens under a deportation order under the law on deportation who have been permitted to engage in profession at a place in lieu of deportation or while awaiting deportation;

(2) aliens whose entries into the Kingdom have not been permitted under the law on immigration and are awaiting deportation;

(3) aliens who are born within the Kingdom but have not acquired Thai nationality under the Announcement of the National Executive Council No. 337, dated 13th December B.E. 2515 or under other laws;

(4)aliens whose Thai nationality has been revoked under the Announcement of the National Executive Council No. 337, dated 13th December B.E. 2515 or under other laws.

An alien may engage in such works as prescribed by the Minister under paragraph one only upon receipt of a permit from the Director-General or official entrusted by the Director-General.

Section 13. Permits issued under this Act shall be valid for one year from the date of issue except:

(1) the permit issued to an alien under section 10 shall be valid for such period which he has been permitted to work under such laws;

(2) the permit issued to an alien under section 12 shall be valid for the period prescribed by the Director-General or official entrusted by the Director-General which must not exceed one year from the date of issue;

(3) the permit issued to an alien who has been permitted entry into the Kingdom for temporary stay under the law on immigration shall be valid for such period which he has been permitted to stay in the Kingdom at the time of the issue of the permit;

(4) the permit issued to an alien who has been permitted entry into the Kingdom for temporary stay under the law on immigration without definite period shall be valid for thirty days from the date of issue.

Section 14. In the case a holder of permit which is issued under section 10 has received extension of working period under such laws, the holder thereof shall notify the Registrar within thirty days from the date of receiving extension and the Registrar shall record such extension in the permit.

Section 15. Before a permit is expired and if the holder of permit wishes to continue working, he shall apply for a renewal of the permit with the Registrar prior to the expiration thereof. In such case, the applicant for renewal of the permit may continue working until the Registrar issues an order refusing the renewal of the permit. Each renewal of permit shall be valid for one year, except

(1) the renewal of permit under section 13 (3) shall be valid for the period not more than the extension which the holder has been permitted to stay in the Kingdom;

(2) the renewal of permit under section 13 (4) shall be valid for thirty days each time unless such alien has been permitted to stay in the Kingdom under the law on immigration for a definite period which is longer than thirty days in which case the renewal of permit shall be for such period which he has been permitted to stay in the Kingdom, but not longer than one year.

Section 16. The Minister has the power to issue Ministerial Regulations prescribing forms, rules and procedures in the following cases:

(1) application for and issue of permit under section7, section 8, section10 and section 12;

(2) application for renewal and renewal of permit under section 15;

(3) application for and issue of permit substitute under section 19;

(4) application for and issue of permission to change work or locality or place of work under section 21;

(5) issue of identity card under section 31.

Section 17. In the case of refusing to issue a permit or not granting permission under section7, section 8, section 10, section12 or refusing to renew the permit under section 15 or not granting permission to change the work or locality or place of work under section 21, the applicant has the right to appeal to the Minister by submitting a written appeal to the Director-General or official entrusted by the Director-General or the Registrar, as the case may be, within thirty days from the date of the knowledge of the order of refusal. Upon receipt of the appeal, it shall be referred to the Committee within fifteen days and the Committee shall then consider and submit its opinion to the Minister within fifteen days and the Minister shall complete his consideration of the appeal within thirty days. The decision of the Minister shall be final. In the case of an appeal against an order refusing the renewal of a permit under section 15 as mentioned in paragraph one, the appellant has the right to continue working until the Minister decides on the appeal.

Section 18. A holder of permit must keep the permit on himself or at the place of work during work in order that it may be readily shown to competent official or Registrar.

Section 19. If a permit is materially damaged or lost, holder of the permit shall apply for a substitute with the Registrar within fifteen days from the date of the Knowledge of such damage or loss.

Section 20. In the case an alien resigns from work which is specified in the permit, he shall return the permit to the Registrar of Changwat where the place of work is situated within seven days from the date of his resignation.

Section 21. A holder of permit shall not engage in the work other than that which is specified in the permit or change locality or place of work from that which is specified in the permit unless a permission is obtained from the Registrar.

Section 22. No person shall employ an alien who has no permit nor employ him in the work which is of different description or condition from that specified in the permit.

Section 23. Any person who employs an alien, or transfers an alien to work in a locality other than that which is specified in the permit, or has an alien resigning from his employment, shall notify the Registrar within fifteen days from the date of employment, transfer or resignation. The notice under paragraph one shall be in the form prescribed by the Director-General.

Section 24. There shall be a committee called the “Committee Considering Alien’s Work” consisting of the Permanent-Secretary for Interior or person entrusted by the Permanent-Secretary for Interior as Chairman, a representative of the Ministry of Foreign Affairs, a representative of the Ministry of Industry, a representative of the Department of Local Administration, a representative of the Police Department, a representative of the Department of Social Welfare, a representative of the Department of Public Prosecution, a representative of the Department of Trade egistration, a representative of the Department of Internal Trade, a representative of the office of the Board of Investment, a representative of the office of the National Economic and Social Development Board, and not more than three other persons appointed by the Minister as ommittee members and a representative of the Labour Department as member and secretary.

Section 25. Members appointed by the Minister hold office for a term of two years and may be re-appointed.

Section 26. Members appointed by the Minister vacate office prior to the end of term upon:

(1) death;

(2) resignation;

(3) removal by the Minister.

In the case members are appointed during the term of members already appointed, notwithstanding it is a new or additional appointment, the appointees shall hold office only for the remaining terms of the members already appointed.

Section 27. The Committee has the duty to consider, give recommendation or advice to the Minister as follows:

(1) the issue of Royal Decrees under section 4 (6) and section 6;

(2) prescription of work which the Minister may publish under section 12;

(3) the issue of Ministerial Regulations under section 16;

(4) consideration of appeal of order under section 17;

(5) other matters as entrusted by the Minister.

Section 28. At a meeting, the presence of not less than one-half of all the members shall constitute a quorum. If the Chairman does not attend or is unable to perform his duty, the members present shall elect one among themselves to preside over the meeting. The decision of the meeting shall be made by majority of votes. Each member shall have one vote; and in case of an equality of votes, the person presiding over the meeting shall have an additional vote as casting vote.

Section 29. The Committee has the power to appoint a sub-committee to carry out any activity or consider any matter within the scope of duty of the Committee. The provisions of section 28 shall apply to the meeting of a sub-committee mutatis mutandis.

Section 30. In performing the duties under this Act, the Director-General or official entrusted by the Director-General, Registrar or competent official is empowered to:

(1) issue a written inquiry or summon any person to provide facts as well as to require him to produce any document or evidence; enter any premises during the period which is believed to be the working period under a reasonable belief that an alien is working there in order to ensure compliance with this Act. For this purpose, he is empowered to inquire into facts or request production of any document or evidence from the person who is responsible for or connected with such place. In performing the duty under (2) , the owner or occupant of such premises or person who is responsible for or connected with the said premises shall render appropriate facilities.

Section 31. The Registrar and competent official must have identity cards. In the performance of duty, the Registrar and competent official must produce their identity cards upon request of the person concerned.

Section 32. In performing the duties under this Act, the Director-General or official entrusted by the Director-General, Registrar or competent official shall be an official under the Criminal Code.

Section 33. Any alien who is working in violation of the Royal Decree issued under section 6 shall be liable to imprisonment for a term not exceeding five years or to a fine from two thousand Baht to one hundred thousand Baht or to both.

Section 34. Any alien who is working in violation of section 7 or in violation of the conditions specified under section 9 or works without a permit or in violation of the conditions prescribed by the Minister under section 12 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding five thousand Baht or to both.

Section 35. Any alien who is working in violation of section 10, section 18 or section 20 shall be liable to a fine not exceeding one thousand Baht.

Section 36. Any holder of permit who fails to comply with section 14 or section 19 shall be liable to a fine not exceeding five hundred Baht.

Section 37. Any alien who continues working after his permit has expired without applying for a renewal before the expiration thereof or has applied for a renewal but the Registrar has issued an order refusing the renewal of the permit under section 15 and such alien has not appealed the order of the Registrar, or if he has appealed but the Minister has decided not to grant renewal of the permit under section 17 shall be liable to imprisonment for a term not exceeding three months or to a fine not exceeding five thousand Baht or to both.

Section 38. Any holder of a permit who violates section 21 shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding two thousand Baht or to both.

Section 39. Any person who employs an alien in violation of section 22 shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding sixty thousand Baht or to both.

Section 40. Any person who violates section 23 or section 42 shall be liable to a fine not exceeding one thousand Baht.

Section 41. Any person who fails to comply with a written inquiry or summons or refuses to provide facts or furnish document or evidence, or obstructs or fails to render facilities to the Director-General or official entrusted by the Director-General, or the Registrar or competent official in the performance of their duties under section 30 shall be liable to a fine not exceeding three thousand Baht.

Section 42. Any person who employs an alien in his business prior to the date the Announcement of the National Executive Council No. 322, dated 13th December B.E. 2515 comes into force and has not, up to the date this Act comes into force, submitted particulars concerning aliens in his employment under Clause 35 of the said Announcement, shall submit the said particulars in the form prescribed by the Director-General within forty-five days from the date this Act comes into force.

Section 43. A Permit issued under the Announcement of the National Executive Council No. 322, dated 13th December B.E. 2515 shall continue to be valid as long as it has not expired and the holder of permit continues to engage in the work for which he has been granted the permit.

Section 44. An alien who has a place of residence in the Kingdom under the law on immigration and is working prior to the date the Announcement of the National Executive Council No. 322, dated 13th December B.E. 2515 comes into force and has applied for a permit with the Director-General or official entrusted by the Director-General under Clause 34 paragraph one of the said Announcement and the Director-General or official entrusted by the Director-General has issued the permit which has not been collected by the alien who is still working on the date this Act comes into force, shall collect the permit within sixty days from the date this Act comes into force, otherwise such permit will be regarded as having expired at the end of the said period.

Section 45. An alien under section 12 who is engaging in any work on the date this Act comes into force may continue in such work until there is a Notification of the Minister under section 12 After the Minister has issued a Notification under section 12, in the case the work which an alien is engaging is permitted under the Notification of the Minister, such alien may continue in such work but must apply for a permit within ninety days from the date the Notification of the Minister comes into force. In the case the work which an alien is engaging is prohibited under the Notification of the Minister, such alien may continue in such work for one hundred and eighty days from the date this Act comes into force.

Section 46. All the Royal Decrees, Ministerial Regulations and Notifications or Orders of the Minister or the Director-General or permits which have been issued or given by virtue of the Announcement of the National Executive Council No. 322, dated 13th December B.E. 2515 insofar as they are not contrary to or inconsistent with this Act shall remain in force and shall be regarded as the Royal Decrees, Ministerial Regulations and Notifications or Orders of the Minister or the Director-General, or permits issued under this Act.

Section 47. The Minister of Interior shall have charge and control of the execution of this Act and shall have the power to appoint the Registrar and competent officials and issue Ministerial Regulations prescribing fees not in excess of the rates attached hereto, granting exemption of fees and prescribing other activities for the execution of this Act. Ministerial Regulations shall come into force after their publication in the Government Gazette.

Registering Foreign Business in Thailand

Foreign businessmen are welcome in Thailand. In reality, the Thai authorities is constantly encouraging overseas investment within the country through presenting a few incentives to people who qualify to function a business in Thailand under particular terms.

For lots foreigners who’ve no background in Thailand laws and regulations, they need to do some research at the available business registration alternatives in order to fully understand what a selected organization type entails in terms of registration, benefits, and so on. The best thing is to seek advice from business legal professionals based in Thailand so all the details can be explained in full. without the background knowledge, it will likely be normal to pay attention foreigners say that overseas business registration in Thailand is seemingly hard. The overseas company will have to be registered with the department of business development in Thailand.

but, with the proper guidance and recommendation, a foreign investor can effectively sign up a company consistent with the sort of company favored or suitable for the business. There are four types of groups a foreign investor can pick out from:

Thai limited company

this is the most famous form of Thai company preferred by using many foreign businessmen. on this type, the legal responsibility of the investor is limited to the amount of unpaid shares subscribed by them. This type calls for at the least three promoters who will file a memorandum of association, convene a statutory meeting and sign in a corporation. After registering the company, a tax identification card may be obtained by means of application.

Sole Proprietorships

no longer generally recommended for foreign investors, sole proprietorship gets the only proprietor exposed to unlimited legal responsibility of the business.

Partnerships

much like sole proprietorships, a partnership isn’t generally endorsed to foreign businessmen because of the liability exposure, identical as in sole proprietorships.

branch office

Foreign investors may additionally opt to operate their existing foreign corporation in Thailand as a branch office. another option is to set up a representative office, but this kind does no longer allow the consultant workplace to earn income in Thailand.

The Thailand foreign business Act BE2542 (1999) stipulates the conditions to be satisfied through the foreign investor with a view to be capable of register a organization and operate a business in Thailand. Provisions of the Thailand foreign business Act spell out the standards to meet to qualify as a foreigner, the kind of business allowed by using the Thai law to be operated by foreign traders, and so on. and they definitely outline what sort of business are disallowed for foreign groups to engage in.

Coordinating with Thai attorneys or maybe foreign attorneys who’ve been practicing in Thailand and is nicely-versed with Thai regulation and its language will help foreign businessmen ease up the procedure of business registration. searching out certified lawyers in Thailand is straightforward as long as the investor recognize the prerequisites of business registration and the qualifications of the legal professional or law company in order to assist their organisation.