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Working in Thailand

Foreign/Alien Employment

One may work in Thailand if he has a valid visa and a work permit and is able to perform work that does not violate the Alien Employment Act. Foreigners who intend to work in Thailand are subject to the Alien Employment Act B.E. 2521 (A.D. 1978). Under the provisions of the Act, a foreigner cannot perform any work or service unless a work permit has been issued by the Alien Employment Division of the Labor Department and Social Welfare Ministry, or unless the individual or the work performed falls within an exception to the Act. The term “work” is defined very broadly, i.e. working by exerting one’s physical energy or employing one’s knowledge, whether or not for wages or other benefits. Theoretically, even volunteer or charity work requires a work permit. Although they receive no remuneration for the work performed, volunteer teachers have been required to obtain work permits.

Setting up a Business in Thailand

As in most countries, there are three kinds of business organizations in Thailand: Sole proprietorships, partnerships, and limited companies. The most popular form of business organization among foreign investors is the private limited company.

Private limited companies require a minimum of seven promoters and must file a memorandum of association, convene a statutory meeting, register the company, and obtain a company income tax identity card. They must also follow accounting procedures specified in the Civil and Commercial code,the Revenue Code and the Accounts Act. A balance sheet must be prepared once a year and filed with the Department of Revenue and Commercial Registration. In addition, companies are required to withhold income tax from the salary of all regular employees.

The Ministry of Industry administers The Factory Act, which governs factory construction and operation, as well as safety and pollution-control requirements. In some cases, factories do not require licenses, in other instances the requirement is simply to notify officials in advance of start-up, and in some cases licenses are required prior to commencing operations. Licenses are valid for five years, and are renewable.

New Thailand visa rules confirmed

PHUKET: New rules limiting stays in Thailand on “visas on arrival” to 90 days over any six month period were confirmed at a September 15 meeting of Immigration Department Chiefs in Bangkok. The new policy will go into effect on October 1.

In a related development, the Royal Thai Consulate in Penang, Malaysia, has stopped issuing double-entry tourist visas.

Pol Lt Col Pipat Pongpan, an Inspector at Phuket Immigration Office, told the Gazette, “Anyone who has already stayed 90 days on visa-on-arrival permits does not need to worry. We will start counting the days from October 1.

“[Foreigners from countries qualifying for visas on arrival] can come in and out of the country as many times as they like with a visa on arrival, but can stay for a maximum of 90 days in any six month period. If they stay 90 days then they must leave for 90 days before they are entitled to another visa on arrival. They can, however, go and request a tourist visa from a Royal Thai Embassy or Consulate abroad and come back into the country,” he said.

“Extensions above the 90-day limit may be granted in exceptional cases, such as if the tourist is suffering from an illness or involved in a lawsuit,” he added.

“No new investment visas will be issued after October 1. However, existing visas in this category may be extended if the holder still has funds of 3 million baht and is still doing business in Thailand,” Col Pipat said.

Tourist visas are still available, for a fee, at Thai embassies and consulates in neighboring countries. The Royal Thai Consulate in Penang, however, will now issue only single-entry 60-day tourist visas. An official at the consulate said that an order had been sent down from Consul Pramote Pramoonsab to cease issuance of double-entry tourist visas, which allow a total stay of up to 120 days.

Double-entry tourist visas are at present still available in the Thai Consulate in Kota Bharu and Thai Embassy in Kuala Lumpur, however.

A source in the Visa and Travel Document Division, Department of Consular Affairs, Ministry of Foreign Affairs (MFA), said that the move by the consulate in Penang is not due to any sweeping changes in MFA policy.

The decision whether or not to issue double-entry tourist visas rests solely at the discretion of each diplomatic mission, the source explained.

Phuket Gazette 2006-09-21

Developers move towards rentals

Additional income stream will provide more stability, say Metrostar and Sena Development

Two property firms held press conferences in Bangkok yesterday to deliver a very similar message: both are moving away from selling residential properties and into projects that will generate rental income.

The companies, Metrostar Property Plc and Sena Development Plc, blamed unpredictable economic conditions for their move to retail and office buildings, apartments, serviced apartments and hotels.

Metrostar Property Plc said it will invest Bt4.6 billion in an integrated project on Sathorn Road called "Metro Sathorn Tower". It will include an office building, serviced apartments, condominiums, a shopping centre and a sports complex. Its finished value will be Bt5.8 billion.

Condo sales up for Plus Property in first half

Plus Property Partners Co Ltd revised its revenue target for the year upwards to Bt3.1 billion, from Bt3 billion previously, thanks to the first-half success of its new condominium projects offering units priced from Bt1 million to Bt3 million.

Of the Bt3.1-billion revenue target, Bt2.7 billion is expected to come from property projects, including condominiums and detached houses, and Bt400 million from management and brokerage fees.

The company provides property-management services for 106 projects, including condominiums, office buildings and residences.

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