The
Alien Business Law (N.E.C. Announcement 281). Business activities
falling in categories A & B are generally closed to foreigners.
Under category C you must obtain a permit prior to commencing
business. Businesses outside these categories are exempt.
The Ministry of Commerce will also help applications of non
trading offices.
Category
A: 1.Agric ulture: rice farming; salt farming.
Commercial Business: Internal trade in local agriculture
products, Land trade. Service business: Accounting, farming
animals, architecture, advertising, brokerage, auctioning,
Barber, hair dressing & beautician. Building industry.
Category
B . 1. Agriculture Business: orchids, cultivation,
animal husbandry including silk worm raising, timbering,
fishing.
2. Industrial & Handicraft: Rice milling, Flour making,
sugar, alcohol & non alcohol drinks, Ice cream, Pharmaceutical
manufacturing, cold storage, timber, gold, silver and inlaid
stone, wood carving, lacquer-ware, match making, cement etc,
Dynamiting rocks, Manufacturing garments & shoes, Printing,
newspaper publishing, silk weaving or silk printing, manufacture
of finished products in silk.
3. Commercial: all retailing not in category C. Or trading
not in Category C, selling food an drinks, trading of antiques & fine
arts.
4 Service Industry: Tour agency, Hotels except Hotel management,
photography, laundering, dress making and service jobs.
5. Land, water & ie. transport.
Category
C . You are allowed to do the following. Exporting,
all wholesale trades not in A & B. retiling machinery,
equipment & tools, selling food, beverages that promote
tourism. Industrial & handicraft Business: manufacturing
animal feeds, vegetable oil extraction, textile manufacturing,
dyeing, fabric printing, glass ware manufacturing, making
plates and bowls, stationary & printing paper, rock salt
mining, mining.
Service: anything not in A or B.
According
to the procedure order, a work permit may be granted to an
expatriate who has the qualification according to one of these:
Conditions:
1. Working for an establishment with
a registered capital of at least 2,000,000 Baht. One expatriate
can be hired for every 2,000,000 Baht of capital but not more
than 10 expatriates. Supported Document: - The Certificate
of juristic person registration with a fully paid-up capital
not less than 2,000,000 Baht and a copy of the list of shareholders
(Form Bor-Or-Jor 5). - Financial statement with an initial
working capital not less than 2,000,000 Baht certified by a
certified auditor And after deduction of debts, loans and other
expenses, the establishment must have assets as cash or bank
deposit not less than 2,000,000 Baht. - Account transaction
to proof cash transacting in the bank for business transaction
in the amount not less than 2,000,000 Baht.
2. Working in an
establishment, which has already paid income tax for juristic
company to the Revenue Department in the past 3 years not
less than 5,000,000 Baht. For every 5,000,000 Baht tax payment
is allowed to hire 1 expatriate. Supported Document: - Form
of tax payment on juristic person (Por Nkor Dor 91) and the
receipt from the Revenue Department
3. Working for an establishment,
which engages in export business and remit foreign currency
of at least the equivalent of 3,000,000 Baht last year.
For every 3,000,000 Baht, an establishment is allowed to
hire 1 expatriate but not more than 3 expatriates. Supported
Document:
- A copy of Bill of Lading submitted to the Custom Department
stating the total value of export goods.
4. Working in
an establishment, which employs 50 Thai employees. An
establishment is allowed to hire 1 expatriate for every
50 Thai employees but not more than 5 expatriates in
total. Supported Document: - The proof of payment paid
toward the Social Security Fund.
5. An expatriate having
an income and duty to pay personal income tax to the
Revenue Department of equivalent or more than 18,000
Baht, or already paid personal income tax in the past
year of equivalent or more than 18,000 Baht. Supported
Document: - If an expatriate has never worked in the Kingdom,
he must provide the employment contract to the officer
in order to estimate an expatriate's ability to pay such
tax. Accordingly, in the case of single expatriates,
he must have personal income of at least 30,000 Baht,
and in the case of married expatriate, he must have personal
income of at least 45,000 Baht per month. - If an expatriate
used to have the permit, he must present proof of personal
income tax payment of equivalent or more than 18,000
Baht along with a receipt from the Revenue Department.
Moreover, the Authorized Officers,
on reasonable grounds, may consider work permit approval,
renewal, and modification of employment descriptions and
positions or locations of workplace regardless of restrictions
on the number of expatriates stated above, if the work falls
under the followings:
1. Representative
office conducting quality control, procurement, or marketing
research.
Supported Document:
- The Business Operation License according to the Foreign
Business
Operations Act B.E. 2542 (2002).
2. The work in investment
consulting, administrative consulting,technical and technology,
or periodical internal audit.
Supported Document:
- Consulting contract with both parties' official seals.
3. Tourism
representatives who bring in foreigners to travel in Thailand.
Supported Document:
- Tourist agent permit issued by Thai Tourism Authority.
4. International
financial institutions approved by the Bank of Thailand.
5. Temporary business
of entertainment, religious, social welfare, cultural or
sporting without intention to make profit and paying income
tax to the government.
6. Working as a
contractor on projects with the governmental bodies or state
enterprises. Supported Document: - A supporting letter
stating the number of expatriates, expatriate's names and
positions.
7. Work using
mostly local raw material as an essential component in the
production process or work that can reduce the use of imported
raw material.
8. Work supporting
export of Thai products.
9. Work, which brings new
technology, which Thai people are not capable of, in order
to distribute and transfer to Thai people.
10. Work
in the area where there is a shortage of Thai labour.
11.
Having a residency in the Kingdom.Supported Document:
- A resident permit or certificate of foreigners.
12. Being
a married couple with Thai citizen, with legally married
registration, publicly cohabiting as husband and wife, and
with a legal profession, which is socially respectable.
