• WORK PERMITS
The Alien Occupation Law, adopted in 1973, requires all aliens working in Thailand to obtain a work Permit prior to starting work in the Kingdom , An updated version of the Act, adopted in 1978, described the procedures for issuance and maintenance of Work Permits and lists certain occupations from which aliens may be excluded.
Exemptions
The Act grants exemptions from the Work Permit requirement to persons occupying the following professions :
• Members of the diplomatic corps
• Members of consular missions
• Representatives of member countries and officials of the United Nations
and its specialized agencies
• Personal servants coming from abroad to work exclusively for persons
listed under the above items
• Persons who perform duties on missions in the kingdom under the agreement
between the government of Thailand and a foreign government or international
organization
• Persons who enter the Kingdom for the performance of any duty or mission
for the benefit of education , culture , arts or sports
• Persons who are specially permitted by Government of Thailand to enter
and perform any duty or mission in the Kingdom.
Special Cases
While most aliens must apply for a Work Permit, and may be begin work until the permit is issued, the Alien Employment Act does provide special treatment in the following circumstances :
Urgent and Essential Work :
Exemption from Work Permit requirements is granted to aliens who enter the Kingdom temporarily, but in accordance with the immigration law, to perform any work of any urgent and essential nature for a period not exceeding 15 days. However such aliens may engage in work only after a written notification on a prescribes form, signed by the alien endoed by his employer, has been submitted to and accepted by the Director - General or his designee.
Aliens entitled to this treatment may enter Thailand with any kind of visa, including a transit visa.The term urgent and essential work is not expilicity defined and consequently the issuance of this sort of exemption is a matter of administrative discretion.
Investment Promotion :
An alien seeking permission to work in the Kingdom under the Investment Promotion Law must submit his application by the Board of Investment that his position has been approved. An alien in this category may engage in authorized work while the application is being processed.
Procedures
The Act require that any alien working in Thailand must obtain a Work
Permit before beginning work, Section 8 of the Act stipulates that while
a prospective employer may file an application an the alien's behalf in
advance of his commencing work, the actual Work Permit will not be issued
until the alien has entered Thailand in accordance with the immigration
laws and has presented himself to receive his Work Permit.
The Permit initially will be valid only for the period of the alien's
Non-Immigrant visa permits him to retain in Thailand under the Immigration
law.The Work Permit will be subject to renewal in accordance with the
renewed or extended visa. For aliens who are holders of a Thai Certificate
of Residence , the Work Permit can be renewed annually. The Labor Department
subject to subsequent renewal will in principle grant an initial duration
of one year for the Work Permit. A Work Permit must be renewed before
its expiry sate or it will automatically lapse.
Applicants for Work Permit may not enter the Kingdom as tourists or transients.
Required Documentation
The following document must be attached to a Work Permit application :
• For non-Permanent residents : A valid passport containing a Non-Immigration
visa (except for WP 3 applications)
• For permanent residents : a valid passport, residence permit and alien
book (except for WP 3 applications)
• Evidence of applicant's educational qualifications and letter(s) of recommendation
from the former employer, describing in detail the applicant's past position,
duties, performance and place an length of employment. If the documents
are in a language other than English , a Thai translation certified as
correct by a Thai translation certified as correct by a Thai Embassy (
if abroad )or Ministry of Foriegn Affairs(if in Thailand) must be attached.
• A recent medical certificate from a first-class licensed physician in
Thailand stating that the applicants is not of unsound mind and not of
unsound mind and not suffering from leprosy , acute tuberculosis, elephantiasis,
narcotic addiction or habitual alcoholism (except for WP 7 applications)
• Three 5*6 cm. full-faced, bareheaded, black and white or color photographs,
taken no more than six months prior to filing of the application
• If the application is to be filed by another person, a valid power of
attorney in the prescribed form must be attached with 10 baht duty stamp
• On the application from the job description entry must be completed with
a detailed statement as to what job is expected to be performed, how it
is related to other people and what materials will be used in the work
(addition paper to be used if necessary)
• If the job applied for is subject to a license under a particular law
, in addition to the Alien Occupation Law, a photocopy of such license,
(e.g. teacher's license, physician's license, press card from the Public
Relations Department, certificate of missionary status from the office
of Regions Affairs, etc. ) shall be attached.
• If the applicant is married to a Thai national, the original and photocopies
of the following must be presented :
Marriage certificate, spouse's identity card. birth certificate of children,
household registration, as well as a photocopy of every page of the applicant's
passport
• If the job being applied for is not in Bangkok, the application should
be filed at relevent province's Department of Employment , or in the absence
of such an office, at the province's city hall
• Additional evidence as requested. It may be necessary to translate any
or all documents into Thai.
Permitted Activities
Thai law prohibits employers from following aliens to perform any function
other than that described in the alien's Work Permit. Employees must report
changes in employment, transfers and termination of all aliens in their
organization within 15 days of any such action, In a cases of dismissal,
aliens must return their Work Permit to labor authorities in Bangkok at
the Alien Occupation division or, if they are in a provincial area, to
the province's Department of Emplotment. Failure to do so will result
in a fine of up to 1,000 baht.
Any allien who engages in work without a Work Permit or in violation of
the conditions of his work as stipulated in his Permit , may be punished
by a terms of imprisonment not exceeding three months or a fine of up
to 5,000 baht or both . Aliens engaged in work prohibition to them by
Royal Decree (See below) shall be liable to imprisonment for a term not
exceeding five years or to a fine ranging from 2,000 to 100,000 baht ,or
both.
An employer who permit an alien to work in his organization without a
Work Permit or to act in violation of the nature of the work specified
in the Permit may be punished with imprisonment not exceeding three years
of fined up to 60,000 baht,or both.
Permit holders must be prior permission to change their occupation and/or
place of work. Change of employer location or the residential address
of the permit holder must be properly endorsed in the work Permit by the
labor authorities. The Alien Employment Act does not prevent an alien
from engaging in work in more than one field or for more than one employer.
Restricted Occupations
A Royal Decree in 1973 listed 39 occupations that were then closed to
aliens. This list has been amended on several occasions by subsequent
Royal Decree, the lasted one in 1979.
• Labor
• Work in agriculture, animal breeding, forestry , fishery or general farm
supervision
• Masonry, carpentry or other construction work
• Wood carving
• Driving motoe vehicles or Non-motorized carriers, except for piloting
international aircraft
• Shop att endant
• Auctionerring
• Supervising , auditing or giving services in accouting except occasion
international auditing
• Gem cutting and polishing
• Hair cutting, hair dressing and beautician work
• Hand weaving
• Mat weaving or making or wares from reed , rattan , kenaf , straw or
bamboo pulp
• Manufacture of manual fibrous paper
• Manufacture of lacquerware
• Thai musical instrument production
• Manufacture of nielloware
• Goldsmith, silversmith and other precious metal work
• Manufacture of bronzeware
• Thai doll making
• Manufacture of mattressed and padded blankets
• Alms bowl making
• Manual silk product making
• Buddha image making
• Manufacture of knives
• Paper and cloth umbrella fabrication
• Shoemaking
• Hat making
• Brokerage or agency work, except in international business
• Dressmaking
• Pottery or ceramics
• Manual cigarette rolling
• Legal or litigation service
• Clerical or secretarial work
• Manual silk reeling and weaving
• Thai character type-setting
• Hawking business
• Tourist guide or tour organization agency
• Architectural work
• Civil engineering work
Top of page
• VISAS AND IMMIGRATION LAW
All persons,
other than those in transit and citizens of certain countries , are required
to obtain a visa in order to enter Thailand. Foreign nationals who intend
to remain in Thailand to work of conduct business must comply with visa
requirement in addition to obtaining a work permit.
Visa categories
The Immigration Act of 1979 as amened in 1980 establishes the following vis categories :
• Tourist
• Visitor transit
• Immigrant
• Non-quota immigrant
• Non-immigrant
National of most countries will. without applying for a visa from a Thai
embassy or consulate in advance, be given a 30 day-visa , except for those
who are eligible for 90 day-visas. National of some countries who are
entitled to the 30 day-visa may be requested by the immigration officials
to produce an onward ticket teo establish that they will leave the Kingdom
within 30 days.
Tourists :
Tourist visit visas are initially valid for 60 days and are renewable
at the decision if the Immigration Department. Renewal are normally granted
for periods or up to 30 days at a time.
Visitor Transit :
Aliens who have obtained a transit visa from a Thai embassy or consulate
will be granted a 30 day stay in the Kingdom. Extension of stay are normally
granted for period of 7-10 days.
Note : Transit, visitor transit and tourist visa holders are not authorized in Thailand.
Non - Quota Immigrant
This category includes, inter alia, former resedents who have lost their
resident status but who have reapplied to resume their residency and who
have been able to demonstrate a convincing reason to support the granting
of this type of visa.
Member of the diplomatic or consular corps, aliens , coming to perform
their duties in Thailand with the approval of the Thai government, aliens
performing their duties in Thailand under an agreement between the Thai
government and a foreign government , head of international organizations
or agencies operating in Thailand and dependents of all the aforementioned
persons, including private servants of members of the diplomatic corps,
are exempted by the Act from the normal visa requirements
Non-Immigrant Visa
Aliens seeking a prolonged stay or those coming to work in Thailand, should obtain non-;Immigrant visas for all family members prior to entering the Kingdom. There are several categories of Non-Immigrant visas which include among others business visa category (b);dependent visa category (o) ; investment subject to the provision of the laws on investment promotion(BOI IB);diplomatic and consular visa category(D);performance of duties with the mass media(M); performance of skilled or expert work(EX); investment (with occurrence of ministries and departments concerned)-( capital investment IM); study or observation(ED)
Advantages of a Non-Immigrant visa include :
• Entitlement of the holder to apply for a multiple re-entry visa to Thailand
from the Immigration Division in Bangkok
• Subject to the regulations of the Immigration authorities, entitlement
of the holder to apply for permanent residence in thailand
• Eligibility for temporary visa renewal while processing issuance of a
long-term annual visa
• Eligibility for issuance of a Work Permt to the holder
Aliens are advised to stricty adhere to the rules governmening each visa category. They should report any changes of address or status to local police within 24 hours.
Transit , visitor transit , Tourist , and Non-Immigrant Visas are issued only for the following purposes and duration :
• Diplomats or consular missions(Duration as necessary)
• Official missions(duration as necessary)
• Tourism(90 days)
• Sport (30 days)
• An investment or other business in connnection with investment
under the investment promotion act(as determined by the Board of Investment)
• An investment which has received authorization from the appropriate government
authorities (2 years)
• Transit (30days)
• The controller or crew of a conveyance entering a part or other locality
in the kingdom(30 days)
• Work as a skilled laborer or specialist(1 year)
Top of page
• INTERNATIONAL BANGKING FACILITIES
Bangkok International Banking Facility
On September 16,1992 the Ministry of Finance and the Bank of Thailand established rules and conditions for commercial banks to establish international banking facilities in Thailand. The annual fee for participants is 500,000 baht.
A commercial bank that receives a license will be able to undertake international facilities(IBF) business for :
• Offshore Lending
Accepting deposits or borrowing from abroad in foreign currencies from
foreign natural or juristic persons who have no establishment in or business
with Thailand. An exception is made for receiving money from foreign banks
that have a branches or representative office in Thailand, from foreign
branched of Thai commermcial banks, and from the Ministery of Finance
the bank of Thailand , or the Exchange Equalization Funds. These foreign
currencies may be lent abroad to other IBF business andto theMinistry
of Finance, the Bank of Thailand and the Exchange Equalization Funds.
Acceptance or deposit to borrowing of offshore baht funds from offshore
banks, foreign branches of Thai Commercial banks and other IBF.These funds
may be lent to foreign banks, foreign branches of Thail commercial banks,
or other IBF businesses.
• Local Lending
cceptance of deposit, or borrowing from abroad in foreign currencies
from foreign natural or juristic persons who have no establishment in
our business with Thailand , foreign branches of Thai commercial banks
and other IBFs to lend foreign currencies inThailand. However each withdrawal
and disbursement must be of an amount not less than US$2,000,000 except
in one of the following two cases where the minimum disbursement is US$500,000
:
An expector who has income from export in excess of 50 percent of all
income during the last accounting period
An exporter who has goods and services which are sold to an expector who
meets the above-specified condition
• Other Related Business
Cross - currency transactions with overseas customers , other IBF business
the bank of Thailand , the Ministry of Finance, the Foreign Equalization
Funds, bank licensed under the foreign exchange control laws, or local
customers to whom such IBF business have lent foreign currencies. Giving acceptance or guarantee against any debts in foriegn currencies when either :
• The bank is licensed under the foreign exchange control laws;or
• The paeties involve reside outside of Thailand
• All matters dealing with letters of credit in cases where the buyer and
the seller of goods involved with the letter or credit purchasing agreement
both reside abroad and the goods involved in the agreement have been either
have not been either exported out of or imported into Thailand
• Procuring or managing theloan syndication procurement of foreign currency
loans from foreign sources to those requiring loans in foreign currencies.
• Other Unrelated Business
Commercial bank licensed to undertake IBF business may also :
• Provide news,financial and general economic information
• Prepare or analyze in vestment projects
• Advise in the purchase, merger or amalgamation of business give financial advice;and
• Arange or underwrite debt instruments issud for sale abroad, If the debt
instruments are issued from Thailand, this must be undertaken in conjunction
withthe IBF business of a commercial bank registered in Thailand.
• However, these activieties must be separated from the accounts of the
IBF business - as if the commercial bank were a separate juristic person.
Conditions for Participatingin BIBF
The Bank of Thailand
stipulates that the IBF must be separate from other banking business as if it were a separate juristic person. In addition , the IBF business
in offshore lending must be separate from the IBF business in local lending
and the IBF business in local lending cannot transfer or raise funds to
the IBF for offshore accounts. Customers of IBF are required to provide
their actual names , addresses , and information for correspondence and
the names ont the accounts must be the actual names of customers. for tax priviledges granted for paritcipating in BIBF, please see table
overleaf.
LEGAL ISSUES
