BOI Encourages Investment in High Standard Environmental Conservation Projects
The Board of Investment (the ?BOI?) has revised the conditions for the promotion of investment in environmental conservation in order to effectively encourage companies to invest in environmental protection facilities. The BOI approved the extension of the deadline for application submission and relaxed the conditions on start-up time frames. Existing promoted projects that are still enjoying corporate income tax exemption can also apply for the new package. The Map Ta Put area will most likely lead the environmental investment projects with at least 16 Billion Baht in anticipated investments.
Relaxation Promotion Rules for bleaching and dyeing activities
The Board also relaxed promotion conditions for bleaching and dyeing activities. The two main revised conditions are as follows:
1. The deadline for applications for investment promotion has been extended from the end of 2008 to the end of 2009 with projects required to operate by the end of March 2011; and
2. Existing BOI-promoted entities with corporate income tax privileges are also eligible to apply for the new incentives under this new scheme.
Privileges under the environmental protection scheme include exemption of import duties on machinery and equipment, and a maximum corporate income tax deduction of 3 years valued at not over 70% of the capital expenditures on environmental protection.
Since the bleaching, dyeing and finishing activities generally have an adverse impact on the environment, BOI measures previously required that plants be located in textile industrial zones for better monitoring. However, there are only 2 textiles industrial zones, in Ratchaburi and Samutsakorn. As the activities have been considered highly crucial for building up a competitive textile industry, the BOI has allowed investments to be located in other industrial estates or any BOI-promoted industrial parks which meet environmental protection standards as specified by the law. These industrial estates must have in place been approved for waste water treatment facilities to efficiently accommodate the bleaching and dyeing activities and the Environment Impact Assessment (EIA) must also have been approved.
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Limit of foreigners who will be allowed to have permanent residence
in the
On
1. One hundred foreigners with nationalities for each country
Colonies in the aggregate of one country or each empire which has its own sovereignty shall be deemed one country;
2. Fifty foreigners without nationalities.
Remark: Normally, an application for a permanent residence should be allowed to be filed with the Immigration Bureau every year in December.
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New requirement for visa extension
Effective from
1. The Affidavit and a list of shareholder of the company must be certified by the Ministry of Commerce.
2. The company’s balance-sheet and income statement must be certified as true copies by the auditor or the Ministry of Commerce.
3. The employing company’s monthly personal income tax return (Por. Ngor. Dor. 1) for the previous month for all employees including and its respective receipt, must be certified as true copies by Revenue Department.
4. The applicant’s most resent annual personal income tax return (Por. Ngor. Dor. 91) and its respective receipt, must be certified as true copies by Revenue Department.
5. The previous month’s Social Security Fund return for all employees (Sor. Por. Sor. 1 ? 10) and its respective receipt, must be certified as true copies by the Social Security Office; and
6. The evidence of the family relationship such as marriage certificate or Birth Certificate must be certified by the applicant’s embassy and Thai Ministry of Foreign Affairs
The above documents in items No. 3, 4 and 5 must be certified true copies by the authorized director (with the company’s seal) and the applicant (in case of item No. 4).
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TAX INCENTIVE FOR REGIONAL OPERATING HEADQUARTERS (ROH)
Tax benefits under this incentive scheme include reduction/exemption of the corporate income tax, special depreciation allowance rate, and special treatment concerning the personal income tax of expatriates working for the ROH.
1. Qualifying Criteria
1.1 an ROH must be a juristic company or partnership incorporated under the law of Thailand by providing services to its associated companies i.e., management and administrative services, technical services and supporting services such as research and development, procurement of raw materials and components, training and personal management, etc.;
1.2 the paid up capital of the company on the last day of accounting period should be a minimum of 10 million Baht;
1.3 the company should serve associated company or branches situated in at least 3 other countries excluding
1.4 income received from rendering services to its associated companies outside Thailand must not be less that 50% of total income (except during the first 3 years, 1/3 of total income is allowed as the minimum income received from its associated companies outside Thailand);
1.5 the company must submit the notification to the Revenue Department; and
1.6 other criteria as prescribed by the Revenue Department.
2. Incentives for ROH
2.1 Reduced and exempt corporate income tax
? Business income: ROH will be taxed at the reduced corporate rate of 10% on income derived from the provision of qualifying services to the ROH’s associated companies.
? Royalties: Royalties received from associated companies arising from R & D work carried out in
? Interest: Interest income derived from associated companies or branches on loans made by ROH and extended to its associated companies will be subject to tax at a reduced corporate rate of 10%.
? Dividends: Dividends received by ROH from associated companies will be exempt from tax. Dividends paid to companies incorporated outside
2.2 Accelerated depreciation allowances
25% of asset value is allowed as initial allowances and the remaining can be deducted for over 20 years for the purchase or acquisition of building used in carrying out the operation of ROH.
Remark: Associated companies mean two or more companies related to one another in any of the following manners:
? Shareholding basis:
– ROH holds at least 25% of that company’s issued capital; or
– The company holds at least 25% of ROH’s issued capital; or
– The company holds at least 25% of ROH and other company’s issued capital.
? Control basis:
– ROH has control over that company in accordance with Accounting Standard; or
– The company has control over ROH; or
– The company has control ever ROH and the other company.
In this case, ROH and the other company are regarded as associated companies.
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Bases and procedures respecting filing financial statements
As from January 1, 2007, in filing financial statements by the following persons with duty to prepare accounts shall also file 1 set of the financial statements filing form concerning international investment (Form Sor.BorChor.3/1):
(a) A limited company and a public limited company established under Thai law with ordinary persons who are not Thai nationals and are not domiciled in the Kingdom, or juristic persons not registered in
(b) A registered partnership established under Thai law and a joint venture under the Revenue Code with joint investors being ordinary persons who are not Thai nationals and are not domiciled in the Kingdom, or juristic persons not registered in
(c) A juristic person established under foreign law and business operation in
(d) A registered partnership, a limited company, a public limited company established under Thai law and a joint venture under the Revenue Code with investments in businesses abroad, namely establishment of businesses, branch offices or agents abroad, or joint investment with persons or juristic persons abroad, with the ratio of investment or shareholding from one percent of the total capital of the business or of the value of shares with the right to vote, as the case may be.
In filing financial statements concerning international investment (Form Sor.BorChor.3/1), the person with duty to prepare accounts may file the same together with the financial statements, or by any other methods as follows:
1. Filing the form directly with the Bank of Thailand at the International Investment Status Team, Section of Statistic of Balance of Payment, Division of Information Administration;
2. Sending the form via fax to no. 0-2283-6299 or 0-2283-5308;
3. Sending the form via email to form45@bot.or.th; or
4. Sending the form via internet at www.bot.or.th
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Minimum Wage Rates
Effective from
Minimum
Wage Rates
(Baht)
Areas
191
186
172
168
162
161
160
Chachoengsao, Phra Nakhon Si Ayutthaya and
159
Chiang Mai and
156
Krabi and
155
Kanchanaburi, Chanthaburi and
154
Ratchaburi, Samut Songkram and
152
Trang, Prachuab Khiri Khan, Prachinburi, Songkhla, Singburi and
150
Loei and
149
Chumporn, Trad, Lampang, Lumphun, Sukhothai and
148
Kalasin, Khon Kaen, Nakhon Panom, Nakhon Si Thammarat, Narathiwat, Buriram, Pattani, Yala, Satul and Nongkhai Provinces.
147
Kampaengpet, Tak, Nakhon Nayok, Nakhon Sawan, Phattalung, Pitsanuloke, Petchabun,
146
Chainat, Chaiyaphum, Chiang Rai, Mahasarakham, Mukdaharn, Yasotorn, Roi-et, Sri Sa Ket, Sakhon Nakhon, Nong Bua Lampu and Uthai Thani Provinces.
145
Phichit, Mae Hong Son, Surin, Ubon Ratchathani and
144
Payao and
143
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Thai BOI Investment Policy Remains Unchanged
The Board of Investment of Thailand (BOI) is pleased to inform the international investment community that the political transition has not affected investment policies, incentives and services.
With the peaceful transition to a new Thai government remains on a steady course to expand exports and advance the prospects for sustainable development. The Thai government with a clear vision of economic and political stability and a culture tolerance and harmony provide the foundation for a secure investment.
The BOI would like to reiterate that its policies remain unchanged and that investors can be confident in the country’s continued enabling investment environment.
For more detail, please enter to www.boi.go.th
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Announcement
One
Paholyothin Road
,
November 2006 ?
In case of urgency, please contact the competent official within
Start moving part of office equipment and furniture
One Stop Service no longer gives services at
Officially Open for the new office to operate and give services relating to visa and work permit matters at Rasa Tower II Building
For more information, please contact 02-6939333-8 ext. 101 Khun Pralee, ext. 103 Khun Varee
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Regulations of the Central-Office of Partnership and Company Registration
Governing Partnership and Company Registration B.E. 2549 (A.D. 2006)
The Department of Business Development has issued the regulations on Partnership and Company Registration B.E. 2549 (A.D. 2006) (the ?Regulations?) which will take effect from
For the Regulations’ detail, please enter to www.dbd.go.th/thai/law/rabeab_2.pdf
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Announcement
Re: Rules and conditions in foreigners’ applications for temporary stay in the
In accordance with the Order of the Royal Thai Police Headquarters No. 606/2549, in case of business purposes such as employment with a company or partnership, a foreigner must have an income in consistent with that set out in the Income Table effective since
Income Table
Nationality
Stipulated Minimum Income
(Baht)
1. European countries,
50,000/month
2.
45,000/month
3. Asian Countries, South America, Countries in Eastern Europe, Countries in Control, America, Mexico, Turkey, Russia and South Africa
35,000/month
4. African Countries,
25,000/month
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Traveling in
The Immigration Bureau has revised its policy regarding the passport holders of foreign countries entitled to enter
****************************
Regulation of Commercial Registration Department No. 102/2549
Re: Documents Required for Partnership and Limited Company Registration
As from August 15, 2006, a person who would like to set up a partnership or a limited company which has partner(s) or shareholder(s) being foreigner(s) investing in or holding more than 40% of its shares but not over 50% and/or has a foreign authorized director, that partnership or limited company must provide the Registrar with supporting documents of all Thai partner(s) or shareholder(s) at the time of registration as follows:
1. A copy of a bank book or bank statement showing evidence in the last 6 months; or
2. A document issued by the Bank certifying the financial status of the partner(s) or shareholder(s); or
3. A copy of evidence showing the source of capital investment.
All of the above evidence must show an amount of money in correspondence with capital investment in such a partnership or a limited company.
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Surnames of Thai married women
On
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Relocation of the Business Registration Service Office 4
As from
Surawong Road
, Si Phraya, Bangrak,
****************************
New Royal Decree
The Royal Decree governing electronic transactions B.E. 2549 (A.D. 2006) issued pursuant to the Electronic Transaction Act B.E. 2544 (A.D. 2001) provides that transactions relating to family and estate matters shall no longer be enforced by the law governing electronic transactions.
The transactions under civil and commercial types which are exempt from being enforced under the law of this Royal Decree shall be family and estate matters.
The provisions governing family and estate matters shall not apply to electronic transactions due to the reason that it is not appropriate to certify the legal status of these transactions in a similar manner as that of electronic means.
This Royal Decree shall come into effect after the date of its promulgation in the Government Gazette Vol. 123, Chapter 26 Gor, dated
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The Act amending the Civil and Commercial Code (No. 15) B.E. 2549 (A.D. 2006) Effective from
This Act amending Title 22: Partnership and Companies of Book 3 of the Civil and Commercial Code (?CCC?) regarding the resignation of the managing partners of the registered partnerships and the limited partnerships has been in effect since
Moreover, a limited company is required to register a change of a director within 14 days from the changing date according to Section 1157 but at present there is no law to specify the liability for failing to register the change thereof.
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Employment of Foreign Workers
Migrating from Commencing from the 1st to 28th of February, 2006, an employer who would like to employ a Burmese, Laotian and/or Cambodian worker, who illegally enters Thailand and has never applied for a work permit, may file an application with the Department of Employment, the Ministry of Labour, for being listed on a quota system for employing the said worker according to the December 20, 2005 resolution passed by the Thai Cabinet’s meeting.
Once an employer has been granted a quota for employing a foreign worker, that employer has to take a potential worker to One Stop Service Centers, temporarily located at 10 District Offices in Bangkok and Muang District Offices in each province during the 1 st and 30th of March, 2006 for registration, medical check up, and applying for a work permit of the said worker as well as paying security money for that worker at the rate of Baht 10,000 per worker, who has held a foreigner’s identity card (?Tor Ror. 38/1?), or a Baht 50,000 security per worker, who has never gotten such Tor Ror. 38/1 card.
Remarks: The security money shall be returned to an employer when that employer sends a worker back to the Immigration Bureau or on the expiry date of warranty.
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** Change of a Fine Rate when a Permission is Expired **
According to the Memorandum of the Fine Committee in compliance with the Immigration Act B.E. 2522 (No. 6) B.E. 2549, if a foreigner stays in Thailand while a permission is expired or revoked, that foreigner shall be punished with a fine of Baht 500 per day but not exceeding Baht 20,000 in total.
This fine rate shall be effective on
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Announcement
As from
the Department of Business Development (DBD)
changed registered numbers of juristic persons
to 13 digits,
any person who would like to know a new registered number
can click at the link below.
Department of Business Development
****************************
The Act amending the Civil and Commercial Code (No. 14) B.E. 2548 (A.D.2005) Effective from
The important Sections of the Civil and Commercial Code, which were amended, are as follows:
?Section 456 A sale of immovable property is void unless it is made in writing and registered by the competent official. The same rule applies to vessels of five tons and over, to floating houses and to beasts of burden.
An agreement to sell or to buy or a promise to sale of such property in the first paragraph is not enforceable by action unless there is some written evidence signed by the party liable or unless earnest is given, or there is part performance.
The provisions of the foregoing paragraph shall apply to a contract of sale of movable property where the agreed price is twenty thousand baht or upward.?
?Section 653 (1st paragraph) A loan of money for a sum exceeding two thousand baht in capital is not enforceable by action unless there is some written evidence of the loan signed by the borrowers.?
?Section 1324 (1st paragraph) A finder of lost property may claim from the person entitled to receive it a reward of ten per cent on the value of the property up to thirty thousand baht, and five per cent on the additional value. However, if he delivers the property to the police or other competent official, two and a half per cent of the value of the property shall, in addition to the reward, be paid as a fee to the Government service concerned, but, in no case, shall such a fee exceeds one thousand baht.?
Remark: The reasons for the promulgation of this Act are as follows:
It is considered appropriate to revise the provisions in the Civil and Commercial Code regarding a contract of sale of immovable property and movable property, types of movable property which must be registered by the competent official, the amount of money of the loan which must have some written evidence of the loan, the amount of money which the innkeeper is liable for loss or damage to the property of the traveler or guest, fees rate and payment for any photocopy according to the provisions regarding Limited Companies and the amount of reward money or the fee which the person entitled to receive lost property shall pay to the finder or the concerned government in order to be more in accord with the present economic condition.
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DETAILED INFORMATION NEEDED FOR A RESIDENCE PERMIT APPLICATION (BY YEARLY QUOTA PER NATIONALITY)
An applicant’s qualifications
1. A foreign national may be qualified to apply for a residence permit if he/she holds a passport of his/her current nationality, to whom a NON-IMMIGRANT VISA is granted to stay in the Kingdom of Thailand on the basis of one year visa extension for the total of at least 3 consecutive years up to the application submission date.
2. Personal qualifications must fit one of the following categories:
2.1 Investment category
2.2 Working/Business category
2.3 Humanity Reasons category: he/she must have relationship with a Thai citizen or an alien who already possessed residence permit as follows:
– A legal husband or wife.
– A legal father or mother.
– A child who is under 20 years of age up to the submission date of application and must be single.
2.4 Expert category
Submission period for a residence permit application (the ?application?)
An applicant can submit the application once a year. Normally, the opening date for the application is in December. Once the date is announced, the application can be submitted until the last working day of that year. The applicant has to bring all documents required for each category together with his/her original passport to be checked by immigration officers on the date the application submission.
Procedures after the application is accepted
1. The immigration officers will grant an applicant a 180-day extension of stay on the date of the application submission and the next extension will be granted for 90 days until the result of the application from the Immigration Commission is obtained.
2. An applicant and related persons with the application will get an appointment card to come for an interview with the immigration officers. The interview includes a test of understanding of the Thai language: speaking and listening (the applicant must come for the interview on the date of appointment; otherwise, if without an appropriate reason, it will be automatically taken into consideration that leads to cancellation of the application.)
3. A criminal record of an applicant who is over 14 years of age must be checked as the followings:
3.1 His/her fingerprint sheet is sent to the Criminal Records Division for the criminal record’s check in
3.2 His/her passport is checked as to whether he/she is in the official black list system as ?an illicit person? according to the Immigration Law.
3.3 He/she has to be checked as to whether he/she is wanted by an arrest warrant of the Foreign Affairs Division of his/her origin country.
Application Consideration
1. To grant approval of a residence permit application, the Immigration Commission will take into its consideration an applicant’s qualifications in terms of income, assets, knowledge, professional expertise, relationship with a Thai citizen, national security, personality, health, understanding of the Thai language, and other appropriate conditions due to current economic and social surroundings, and government policy.
2. Timing of the consideration process varies each year, depending on the policy of the Immigration Commission and the Interior Ministry.
Government Fees
A non-refundable fee for each application is Baht 7,600. If an application is approved, the fee for a residence permit is Baht 191,400. However, the residence permit fee for a spouse or a child (under 20 years of age) of a person holding Thai citizenship or of an alien who has been granted a residence permit is Baht 95,700.
Note: Fees are subject to change and remain effective under Thai law.
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Passport holders of the following countries can enter
Hong Kong SAR
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Minimum Wage Rates
Effective from
Minimum Wage Rates (Baht)
Areas
181
178
163
161
156
153
Chiang Mai, Pang Nga, Ranong and
152
150
148
Kanchanaburi and
147
Prachuab Khiri Khan, Petchburi, Ratchaburi and
146
Chanthaburi, Lopburi and
145
Chumporn, Trang, Trad, Prachinburi, Lumphun, Sra Kaew, Singburi and
144
Kalasin, Khon Kaen, Buriram, Pattani, Yala, Loei, Songkhla, Satul and
143
Kampaengpet, Tak, Nakhon Sawan, Phattalung, Pitsanuloke, Petchabun, Lampang, Supanburi,
142
Chainat, Chaiyaphum, Chiang Rai, Nakhon Panom, Nakhon Si Thammarat, Mukdaharn, Yasotorn, Roi-et, Sri Sa Ket, Sakhon Nakhon, Nongkhai, Nong Bua Lumpu and Uthai Thani Provinces.
141
Nakhon Nayok, Phichit, Mae Hong Son, Surin, Ubon Ratchathani and
140
139
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New regulation for Business Operation Certificates
The Department of Business Development of the Ministry of Commerce (MOC) has recently issued a regulation concerning applications for Business Operation Certificates pursuant to Section 10 of the Foreign Business Act B.E. 2542 (1999) (FBA) by following the leniency resulting from the Thailand-Australia Free Trade Agreement (TAFTA) (Regulation) which gives more benefits to Australia investors. "The Regulation came into force on
The Regulation for an Australian Investor to apply for a Business Operation Certificate as follows:
1. The Regulation provides that the same general practice and procedures required for ordinary applications for a Business Operation Certificate under Section 10 of the FBA shall be deemed as applications for benefits under TAFTA ( a TAFTA Certificate ).
2. Consideration on the issuance of a FTA Certificate must not exceed 30 business days from the date on which the MOC received a notification letter from an applicant.
3. A person who is eligible ( an Eligible Applicant ) to apply for a TAFTA Certificate with the MOC must meet the following criteria:
? Being a juristic entity incorporated under Thai law in the form of an ordinary partnership, a limited partnership or a limited company.
? In case of a limited company, its authorized director(s) who can sign and bind the company must be an Australian or Thai national. As for an ordinary partnership or a limited partnership, its manager or managing partner must be a Thai national.
? Shareholders of a limited company must be:
? Australians or a mixture of Australians and Thais; or
? Juristic entities incorporated under Australian law and the Australian shareholders must hold shares at a ratio of more than 50% of the total shares.
Provided, however, that the shareholding ratio of the company shall be in accordance with business categories under the requirements specified by TAFTA.
? The applicant under TAFTA must have its debt-to-equity ratio not exceeding 3:1.
4. An eligible applicant may apply for a TAFTA Certificate in any of 12 categories of business set out under TAFTA. These businesses include:
? Annex 2, Chapter 3 (4): Mining – mining on land and mining in the sea;
? Annex 3 (10): Construction – construction with respect to infrastructure which requires special tools, machinery, technology or skills,
? Annex 3 (19):
? Annex 3 (21): Service businesses including:
? General consulting service to Regional Operation Headquarters (ROH), branch or enterprises associated with ROH;
? Convention halls;
? International exhibition centers;
? Businesses of wholesale and retail with respect to distribution and installation of goods manufactured by an Australian juristic entity incorporated in
? Education and higher institutes specializing in sciences and technology including life sciences, biotechnology and nano technology;
? Hotels and luxury resorts;
? Amusement parks and open zoos;
? Aquariums; and
? Parking service for touring ships.
5. An eligible applicant may not apply for a TAFTA Certificate in the following 6 categories of business set out under TAFTA in which only Thai nationals are allowed to conduct such businesses in
? Annex 3 (14): Retail business – retail sale of telecommunication equipment;
? Annex 3 (15): Wholesale business – wholesale sale of telecommunications equipment; and
? Annex 3 (21): Service businesses including;
? Telecommunications consulting;
? Leasing of telecommunications equipment stations;
? Provision of database access services; and
? Provision of domestic satellite communications via a very small aperture terminal (VSAT).
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Offences against foreign employees, employers and related persons
Alleged
Offender
Cases of Offences
Punishment
A foreign employee
? Working in violation of the Royal Decree concerning prohibited occupations or professions. (Section 6)
? Working without a work permit. (Section 7)
? A foreign employee under Section 12 who does not have a work permit.
? Working in violation of conditions. (Section 9)
? Continuing to work after the termination of a work permit (Section 15)
? Continuing to work after the expiration of a work permit in the event that an appeal for its extension was not approved by the Minister. (Section 17)
? Carrying out duties different from that prescribed in the work permit. (Section 21)
? Changing a location of a workplace without obtaining approval. (Section 21)
? Failure to have a work permit during working hours. (Section 18)
? Failure to return a work permit within the specified time after termination of employment. (Section 20)
? Failure to submit an application for a work permit within the specified time after being granted a investment promotion. (Section 10)
? Failure to notify a competent official, within the specified time, of a grant of an investment promotion to extend a period of work. (Section 14)
? Significant damage or loss of a work permit. (Section 19)
? Imprisonment not exceeding five years or a fine of two thousand baht up to one hundred thousand baht or both. (Section 33)
? Imprisonment not exceeding three months or a fine not exceeding five thousand baht or both. (Section 34)
? Imprisonment not exceeding three months or a fine not exceeding five thousand baht or both. (Section 34)
? Imprisonment not exceeding three months or a fine not exceeding five thousand baht or both. (Section 34)
? Imprisonment not exceeding three months or a fine not exceeding five thousand baht or both. (Section 37)
? Imprisonment not exceeding three months or a fine not exceeding five thousand baht or both. (Section 37)
? Imprisonment not exceeding one month or a fine not exceeding two thousand baht or both. (Section 38)
? Imprisonment not exceeding one month or a fine not exceeding two thousand baht or both. (Section 38)
? Imprisonment not exceeding one thousand baht. (Section 35)
? A fine not exceeding one thousand baht. (Section 35)
? A fine not exceeding one thousand baht. (Section 35)
? A fine not exceeding five hundred baht. (Section 36)
? A fine not exceeding five hundred baht. (Section 36)
An employer
? Employing a foreign employee who does not have a work permit. (Section 22)
? Hiring a foreign employee who possesses qualifications different from that prescribed in the work permit (Section 22)
? Imprisonment not exceeding three years or a fine not exceeding sixty thousand baht or both. (Section 39)
? Imprisonment not exceeding three years or a fine not exceeding sixty thousand baht or both. (Section 39
Alma Link Building, 16th Floor
25 Soi Chidlom, Ploenchit Road
Bangkok 10330, Thailand
- Phone: 66 (0) 2655-5425 (8 Lines)
Fax: 66 (0) 2253-6994
Extracted from : http://www.nateelaw.com/new.htm
Minimum
Wage Rates
(Baht)
Areas
191
186
172
168
162
161
160
Chachoengsao, Phra Nakhon Si Ayutthaya and
159
Chiang Mai and
156
Krabi and
155
Kanchanaburi, Chanthaburi and
154
Ratchaburi, Samut Songkram and
152
Trang, Prachuab Khiri Khan, Prachinburi, Songkhla, Singburi and
150
Loei and
149
Chumporn, Trad, Lampang, Lumphun, Sukhothai and
148
Kalasin, Khon Kaen, Nakhon Panom, Nakhon Si Thammarat, Narathiwat, Buriram, Pattani, Yala, Satul and Nongkhai Provinces.
147
Kampaengpet, Tak, Nakhon Nayok, Nakhon Sawan, Phattalung, Pitsanuloke, Petchabun,
146
Chainat, Chaiyaphum, Chiang Rai, Mahasarakham, Mukdaharn, Yasotorn, Roi-et, Sri Sa Ket, Sakhon Nakhon, Nong Bua Lampu and Uthai Thani Provinces.
145
Phichit, Mae Hong Son, Surin, Ubon Ratchathani and
144
Payao and
143
November 2006 ?
In case of urgency, please contact the competent official within
Start moving part of office equipment and furniture
One Stop Service no longer gives services at
Officially Open for the new office to operate and give services relating to visa and work permit matters at Rasa Tower II Building
Nationality
Stipulated Minimum Income
(Baht)
1. European countries,
50,000/month
2.
45,000/month
3. Asian Countries, South America, Countries in Eastern Europe, Countries in Control, America, Mexico, Turkey, Russia and South Africa
35,000/month
4. African Countries,
25,000/month
Commencing from the 1st to 28th of February, 2006, an employer who would like to employ a Burmese, Laotian and/or Cambodian worker, who illegally enters Thailand and has never applied for a work permit, may file an application with the Department of Employment, the Ministry of Labour, for being listed on a quota system for employing the said worker according to the December 20, 2005 resolution passed by the Thai Cabinet’s meeting.
Once an employer has been granted a quota for employing a foreign worker, that employer has to take a potential worker to One Stop Service Centers, temporarily located at 10 District Offices in Bangkok and Muang District Offices in each province during the 1 st and 30th of March, 2006 for registration, medical check up, and applying for a work permit of the said worker as well as paying security money for that worker at the rate of Baht 10,000 per worker, who has held a foreigner’s identity card (?Tor Ror. 38/1?), or a Baht 50,000 security per worker, who has never gotten such Tor Ror. 38/1 card.
Remarks: The security money shall be returned to an employer when that employer sends a worker back to the Immigration Bureau or on the expiry date of warranty.
****************************
** Change of a Fine Rate when a Permission is Expired **
According to the Memorandum of the Fine Committee in compliance with the Immigration Act B.E. 2522 (No. 6) B.E. 2549, if a foreigner stays in Thailand while a permission is expired or revoked, that foreigner shall be punished with a fine of Baht 500 per day but not exceeding Baht 20,000 in total.
This fine rate shall be effective on
****************************
Announcement
As from
the Department of Business Development (DBD)
changed registered numbers of juristic persons
to 13 digits,
any person who would like to know a new registered number
can click at the link below.
Department of Business Development
****************************
The Act amending the Civil and Commercial Code (No. 14) B.E. 2548 (A.D.2005) Effective from
The important Sections of the Civil and Commercial Code, which were amended, are as follows:
?Section 456 A sale of immovable property is void unless it is made in writing and registered by the competent official. The same rule applies to vessels of five tons and over, to floating houses and to beasts of burden.
An agreement to sell or to buy or a promise to sale of such property in the first paragraph is not enforceable by action unless there is some written evidence signed by the party liable or unless earnest is given, or there is part performance.
The provisions of the foregoing paragraph shall apply to a contract of sale of movable property where the agreed price is twenty thousand baht or upward.?
?Section 653 (1st paragraph) A loan of money for a sum exceeding two thousand baht in capital is not enforceable by action unless there is some written evidence of the loan signed by the borrowers.?
?Section 1324 (1st paragraph) A finder of lost property may claim from the person entitled to receive it a reward of ten per cent on the value of the property up to thirty thousand baht, and five per cent on the additional value. However, if he delivers the property to the police or other competent official, two and a half per cent of the value of the property shall, in addition to the reward, be paid as a fee to the Government service concerned, but, in no case, shall such a fee exceeds one thousand baht.?
Remark: The reasons for the promulgation of this Act are as follows:
It is considered appropriate to revise the provisions in the Civil and Commercial Code regarding a contract of sale of immovable property and movable property, types of movable property which must be registered by the competent official, the amount of money of the loan which must have some written evidence of the loan, the amount of money which the innkeeper is liable for loss or damage to the property of the traveler or guest, fees rate and payment for any photocopy according to the provisions regarding Limited Companies and the amount of reward money or the fee which the person entitled to receive lost property shall pay to the finder or the concerned government in order to be more in accord with the present economic condition.
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DETAILED INFORMATION NEEDED FOR A RESIDENCE PERMIT APPLICATION (BY YEARLY QUOTA PER NATIONALITY)
An applicant’s qualifications
1. A foreign national may be qualified to apply for a residence permit if he/she holds a passport of his/her current nationality, to whom a NON-IMMIGRANT VISA is granted to stay in the Kingdom of Thailand on the basis of one year visa extension for the total of at least 3 consecutive years up to the application submission date.
2. Personal qualifications must fit one of the following categories:
2.1 Investment category
2.2 Working/Business category
2.3 Humanity Reasons category: he/she must have relationship with a Thai citizen or an alien who already possessed residence permit as follows:
– A legal husband or wife.
– A legal father or mother.
– A child who is under 20 years of age up to the submission date of application and must be single.
2.4 Expert category
Submission period for a residence permit application (the ?application?)
An applicant can submit the application once a year. Normally, the opening date for the application is in December. Once the date is announced, the application can be submitted until the last working day of that year. The applicant has to bring all documents required for each category together with his/her original passport to be checked by immigration officers on the date the application submission.
Procedures after the application is accepted
1. The immigration officers will grant an applicant a 180-day extension of stay on the date of the application submission and the next extension will be granted for 90 days until the result of the application from the Immigration Commission is obtained.
2. An applicant and related persons with the application will get an appointment card to come for an interview with the immigration officers. The interview includes a test of understanding of the Thai language: speaking and listening (the applicant must come for the interview on the date of appointment; otherwise, if without an appropriate reason, it will be automatically taken into consideration that leads to cancellation of the application.)
3. A criminal record of an applicant who is over 14 years of age must be checked as the followings:
3.1 His/her fingerprint sheet is sent to the Criminal Records Division for the criminal record’s check in
3.2 His/her passport is checked as to whether he/she is in the official black list system as ?an illicit person? according to the Immigration Law.
3.3 He/she has to be checked as to whether he/she is wanted by an arrest warrant of the Foreign Affairs Division of his/her origin country.
Application Consideration
1. To grant approval of a residence permit application, the Immigration Commission will take into its consideration an applicant’s qualifications in terms of income, assets, knowledge, professional expertise, relationship with a Thai citizen, national security, personality, health, understanding of the Thai language, and other appropriate conditions due to current economic and social surroundings, and government policy.
2. Timing of the consideration process varies each year, depending on the policy of the Immigration Commission and the Interior Ministry.
Government Fees
A non-refundable fee for each application is Baht 7,600. If an application is approved, the fee for a residence permit is Baht 191,400. However, the residence permit fee for a spouse or a child (under 20 years of age) of a person holding Thai citizenship or of an alien who has been granted a residence permit is Baht 95,700.
Note: Fees are subject to change and remain effective under Thai law.
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Passport holders of the following countries can enter
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Hong Kong SAR |
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Minimum Wage Rates
Effective from
|
Minimum Wage Rates (Baht) |
Areas |
|
181 |
|
|
178 |
|
|
163 |
|
|
161 |
|
|
156 |
|
|
153 |
Chiang Mai, Pang Nga, Ranong and |
|
152 |
|
|
150 |
|
|
148 |
Kanchanaburi and |
|
147 |
Prachuab Khiri Khan, Petchburi, Ratchaburi and |
|
146 |
Chanthaburi, Lopburi and |
|
145 |
Chumporn, Trang, Trad, Prachinburi, Lumphun, Sra Kaew, Singburi and |
|
144 |
Kalasin, Khon Kaen, Buriram, Pattani, Yala, Loei, Songkhla, Satul and |
|
143 |
Kampaengpet, Tak, Nakhon Sawan, Phattalung, Pitsanuloke, Petchabun, Lampang, Supanburi, |
|
142 |
Chainat, Chaiyaphum, Chiang Rai, Nakhon Panom, Nakhon Si Thammarat, Mukdaharn, Yasotorn, Roi-et, Sri Sa Ket, Sakhon Nakhon, Nongkhai, Nong Bua Lumpu and Uthai Thani Provinces. |
|
141 |
Nakhon Nayok, Phichit, Mae Hong Son, Surin, Ubon Ratchathani and |
|
140 |
|
|
139 |
|
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New regulation for Business Operation Certificates
The Department of Business Development of the Ministry of Commerce (MOC) has recently issued a regulation concerning applications for Business Operation Certificates pursuant to Section 10 of the Foreign Business Act B.E. 2542 (1999) (FBA) by following the leniency resulting from the Thailand-Australia Free Trade Agreement (TAFTA) (Regulation) which gives more benefits to Australia investors. "The Regulation came into force on
The Regulation for an Australian Investor to apply for a Business Operation Certificate as follows:
1. The Regulation provides that the same general practice and procedures required for ordinary applications for a Business Operation Certificate under Section 10 of the FBA shall be deemed as applications for benefits under TAFTA ( a TAFTA Certificate ).
2. Consideration on the issuance of a FTA Certificate must not exceed 30 business days from the date on which the MOC received a notification letter from an applicant.
3. A person who is eligible ( an Eligible Applicant ) to apply for a TAFTA Certificate with the MOC must meet the following criteria:
? Being a juristic entity incorporated under Thai law in the form of an ordinary partnership, a limited partnership or a limited company.
? In case of a limited company, its authorized director(s) who can sign and bind the company must be an Australian or Thai national. As for an ordinary partnership or a limited partnership, its manager or managing partner must be a Thai national.
? Shareholders of a limited company must be:
? Australians or a mixture of Australians and Thais; or
? Juristic entities incorporated under Australian law and the Australian shareholders must hold shares at a ratio of more than 50% of the total shares.
Provided, however, that the shareholding ratio of the company shall be in accordance with business categories under the requirements specified by TAFTA.
? The applicant under TAFTA must have its debt-to-equity ratio not exceeding 3:1.
4. An eligible applicant may apply for a TAFTA Certificate in any of 12 categories of business set out under TAFTA. These businesses include:
? Annex 2, Chapter 3 (4): Mining – mining on land and mining in the sea;
? Annex 3 (10): Construction – construction with respect to infrastructure which requires special tools, machinery, technology or skills,
? Annex 3 (19):
? Annex 3 (21): Service businesses including:
? General consulting service to Regional Operation Headquarters (ROH), branch or enterprises associated with ROH;
? Convention halls;
? International exhibition centers;
? Businesses of wholesale and retail with respect to distribution and installation of goods manufactured by an Australian juristic entity incorporated in
? Education and higher institutes specializing in sciences and technology including life sciences, biotechnology and nano technology;
? Hotels and luxury resorts;
? Amusement parks and open zoos;
? Aquariums; and
? Parking service for touring ships.
5. An eligible applicant may not apply for a TAFTA Certificate in the following 6 categories of business set out under TAFTA in which only Thai nationals are allowed to conduct such businesses in
? Annex 3 (14): Retail business – retail sale of telecommunication equipment;
? Annex 3 (15): Wholesale business – wholesale sale of telecommunications equipment; and
? Annex 3 (21): Service businesses including;
? Telecommunications consulting;
? Leasing of telecommunications equipment stations;
? Provision of database access services; and
? Provision of domestic satellite communications via a very small aperture terminal (VSAT).
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Offences against foreign employees, employers and related persons
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Alleged Offender |
Cases of Offences |
Punishment |
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A foreign employee |
? Working in violation of the Royal Decree concerning prohibited occupations or professions. (Section 6)
? Working without a work permit. (Section 7)
? A foreign employee under Section 12 who does not have a work permit.
? Working in violation of conditions. (Section 9)
? Continuing to work after the termination of a work permit (Section 15) ? Continuing to work after the expiration of a work permit in the event that an appeal for its extension was not approved by the Minister. (Section 17) ? Carrying out duties different from that prescribed in the work permit. (Section 21) ? Changing a location of a workplace without obtaining approval. (Section 21) ? Failure to have a work permit during working hours. (Section 18) ? Failure to return a work permit within the specified time after termination of employment. (Section 20) ? Failure to submit an application for a work permit within the specified time after being granted a investment promotion. (Section 10) ? Failure to notify a competent official, within the specified time, of a grant of an investment promotion to extend a period of work. (Section 14) ? Significant damage or loss of a work permit. (Section 19) |
? Imprisonment not exceeding five years or a fine of two thousand baht up to one hundred thousand baht or both. (Section 33) ? Imprisonment not exceeding three months or a fine not exceeding five thousand baht or both. (Section 34) ? Imprisonment not exceeding three months or a fine not exceeding five thousand baht or both. (Section 34) ? Imprisonment not exceeding three months or a fine not exceeding five thousand baht or both. (Section 34) ? Imprisonment not exceeding three months or a fine not exceeding five thousand baht or both. (Section 37) ? Imprisonment not exceeding three months or a fine not exceeding five thousand baht or both. (Section 37)
? Imprisonment not exceeding one month or a fine not exceeding two thousand baht or both. (Section 38) ? Imprisonment not exceeding one month or a fine not exceeding two thousand baht or both. (Section 38) ? Imprisonment not exceeding one thousand baht. (Section 35) ? A fine not exceeding one thousand baht. (Section 35)
? A fine not exceeding one thousand baht. (Section 35)
? A fine not exceeding five hundred baht. (Section 36)
? A fine not exceeding five hundred baht. (Section 36) |
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An employer |
? Employing a foreign employee who does not have a work permit. (Section 22) ? Hiring a foreign employee who possesses qualifications different from that prescribed in the work permit (Section 22) |
? Imprisonment not exceeding three years or a fine not exceeding sixty thousand baht or both. (Section 39) ? Imprisonment not exceeding three years or a fine not exceeding sixty thousand baht or both. (Section 39 |
Alma Link Building, 16th Floor
25 Soi Chidlom, Ploenchit Road
Bangkok 10330, Thailand
- Phone: 66 (0) 2655-5425 (8 Lines)
Fax: 66 (0) 2253-6994
Extracted from : http://www.nateelaw.com/new.htm
