http://goodfriends.nu/

http://www.nonkistravel.se/index.html

Working of Alien Act, B.E. 2551 (2008)

ALIEN : a natural person who is not of Thai nationality / citizenship.
WORK : the engagement in work by exerting energy or using knowledge for purpose of obtaining wages or other benefits.

ALIENS WHO ARE NOT IN THE KINGDOM OF THAILAND BUT WISH TO WORK IN THE KINGDOM MUST COMPLY WITH THE FOLLOWING:
1. Contact a Royal Thai Embassy or Consulate in you country for advice and recommendation for Granting a non-immigrant VISA.
2. Employers in Thailand may apply for a work permit for prospective alien employees who wish to work in the kingdom. After the work permit has been granted the alien may enter Thailand to receive the work permit and then start working.

ALIENS WHO ARE IN THE KINGDOM OF THAILAND AND WISH TO WORK IN THE KINGDOM MUST
COMPLY WITH THE FOLLOWING:
1. An alien who wishes to apply for a work permit under the Board of Investment (BOI) law or other similar commercial laws must file an application for a work permit within 30 days from the date he/she is allowed to work under such law.
CRIMINAL PENALTY : Any violation thereof shall be liable to pay a fine not exceeding one thousand Baht.
2. An alien who lives in the Kingdom or receives a non – immigrant VISA to live in the Kingdom can work in Thailand after having received a work permit.
CRIMINAL PENALTY : Any violation thereof shall make the employee liable for imprisonment not exceeding three months, to pay a fine not exceeding five thousand Baht, or both penalties.
3. An alien who performs work that is proscribed by the Royal decree B.E. 2522(1979) which prohibits alien employment in certain occupations and professions is liable to be imprisoned not exceeding five years, will be fined from 2,000 to 100,000 Baht or both penalties.

QUALIFICATIONS OF AN ALIEN ENTITLED TO APPLY FOR A WORK PERMIT
1. Having residence in the Kingdom or having permission to stay in the kingdom temporarily under immigration law (i.e not simply as a tourist or transit – traveller)
2. Not applying for work in any of the 39 reserved occupations ( as a stated in the Royal Decree. B.E.2522).
3. Having the knowledge and/or skills to perform the work as stated in the application for a work permit.
4. Not being insane or mentally sick.
5. Not being sick of leprosy, tuberculosis, drug addiction, alcoholism, and eephantitus.
6. Not having been imprisoned due to a violation of an immigration law or an alien working law within one year of applying for work permit.

VALIDITY OF WORK PERMIT
1. A work permit is issued for one year period and may be renewed every year thereafter
2. If the duration of employment of an alien is less than one year, a work permit will be granted for not longer than the period requested
3. An authorized official may grant a work permit to an alien in the Kingdom according to the necessity of work, but for not longer than one year.
4. The validity of a work permit will not exceed the validity date of the VISA ”permit to stay”
5. An application for renewal of a work permit must be submitted before the expiration date of a valid work permit. If a work permit has expired, another application must be completed for a new work permit.

RATE OF GOVERNMENT FEES FOR WORK PERMIT
1. 750 Baht = not longer than three months.
2. 1,500 Baht = longer than three months but does not exceed six months.
3. 3,000 Baht = longer than six months but does not exceed one year.
4. For a work permit which is longer than one year, the fee will be increased for the period exceeding one year at the rate shown in items 1,2 and 3 above.

RIGHT TO APPEAL
If a work permit is not granted, not extended, or is not allowed for a change of work and/or location;
the applicant is entitled to appeal to the Minister of Labour and Social Welfare within 30 days after
being informed of the denial. A decision will be rendered within 60 days.

PLACES TO CONTACT
Bangkok :
Office of Foreign Workers Administration
Department of Employment Ministry of Labour
Mit – Maitree Road, Dindaeng Bangkok 10400
Tel. : 245 – 2745

One Stop Service Center for Visa and Work Permit
Department of Employment
3rd Floor, Krisada Plaza Building
207 Ratchadapisek Road, Kwaeng
Dindaeng, Khet Huaykwang
Bangkok 10400

Regional Office :
a Provincial Employment Office in the respective province

Unofficial translation

WORKING OF ALIEN ACT,
B.E. 2551 (2008)
BHUMIBOL ADULYADEJ, REX.
Given on the 13th Day of February B.E. 2551;
Being the 63rd Year 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 alien;
This Act contains certain provisions in relation to the restriction of
right and liberty of person, in respect of which section 29 in conjunction with section
32, section 33, section 34 and section 43 of the Constitution of the Kingdom of
Thailand, so permit by virtue of law;
Be it, therefore, enacted by the King, by and with the advice and
consent of the National Assembly, as follows:
Section 1. This Act is called the “Working of Alien Act, B.E. 2551”.
Section 2. This Act shall come into force as from the day following
the date of its publication in the Government Gazette.1
Section 3. The followings shall be repealed:
(1) Working of Alien Act, B.E. 2521;
(2) Working of Alien Act (No. 2), B.E. 2544.
Section 4. This Act shall not apply to the performance of specific
duties by the alien in the Kingdom in the following capacities:
(1) as a member of a diplomatic mission;
(2) as a member of a consular mission;
(3) as a representative of member countries and official of the United
Nations and specialised institutions;
(4) as a personal servant coming from foreign countries to work
regularly for the person under (1) or (2) or (3);
(5) as a person who performs duties or missions in accordance with
agreements between the Government of Thailand and foreign government or
international organisation;
(6) as a person who performs duties or mission for the benefit of
education, culture, art, sports or other activities as may be prescribed by the Royal
Decree;
(7) as a person permitted, with or without any condition, by the
Council of Ministers to enter and perform any duty or mission.
1Published in the Government Gazette, Vol. 125, Part 37 Kor, dated 22nd February B.E. 2551 (2008).
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
2
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 benefits;
“Permit” means a work permit;
“Holder of permit” means an alien who has been granted a permit;
“Employee” means the holder of permit under section 9, section 11,
section 13 (1) and (2) and section 14 who has been granted to engage in work as
prescribed by the Ministerial Regulation issued under section 15;
“Fund” means the Alien Repatriation Fund
“Board” means the Board of Alien Repatriation Fund;
“Committee” means the Committee Considering Working of Alien;
“Appeal Committee” means the Committee Considering Appeal on
Working of Alien;
“Competent official” means a person appointed by the Minister for the
execution of this Act;
“Registrar” means the Director-General and the competent official
appointed by the Minister upon recommendation of the Director-General so as to
grant permit and to perform other duties under this Act;
“Director-General” means the Director-General of the Department of
Employment;
“Minister” means the Minister having charge and control of the
execution of this Act.
Section 6. The Minister of Labour shall have charge and control of
the execution of this Act and shall have the power to issue Ministerial Regulations
prescribing fees not exceeding the rate hereto attached, granting exemptions from fees
and prescribing other acts for the execution of this Act.
Such Ministerial Regulations shall come into force upon their
publications in the Government Gazette.
CHAPTER I
Working of Alien
Part 1
General Provisions
Section 7. The work that may be engaged by alien as well as
working area and period shall be prescribed by the Ministerial Regulation. In the
issuance of such Ministerial Regulation, regard shall be had to national security,
occupation opportunity of Thais and demand for alien labour as necessary for the
development of the country. The matters to be prescribed may be different between
general alien and the aliens under section 13 and section 15.
The provisions of paragraph one shall not apply to the working of
aliens under section 12.
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
3
Section 8. In order to limit the number of aliens other than skilled
workers or experts to engage in specific categories of works or in works with specific
nature in the Kingdom, the Minister may, with approval of the Council of Ministers,
impose by notifying in the Government Gazette the levy for hiring of aliens other than
skilled workers or experts to engage in specific categories of works or in works with
specific nature in the Kingdom.
Whoever desires to engage the alien under paragraph one shall notify
the registrar in the form as specified by the Director-General and shall pay the levy at
least three days prior to the date of hired contract.
Whoever fails to comply with the provisions under paragraph two shall
be liable to surcharge at the rate of one-time of the levy to be paid.
Part 2
Work Permit
Section 9. No alien shall engage in any work other than the works
under section 7 and the permit shall be granted by the registrar, except for the alien
who enters into the Kingdom temporarily under the law on immigration so as to
engage in necessary and urgent work for a period of not exceeding fifteen days and
that alien may engage in that work after giving written notification to the registrar.
In the issuance of the permit, the registrar may impose any conditions
to be complied with by the alien.
The permit, the application for and the issuance of the permit and the
giving of notification under paragraph one shall be in accordance with the form and
procedure as prescribed by the Ministerial Regulation.
The Director-General may lay down the guideline for prescribing of
the conditions under paragraph two to be complied with by the registrar.
Section 10. The alien who is eligible for the permit under section 9
shall have the place of residence in the Kingdom or has been permitted to enter into
the Kingdom temporarily under the law on immigration in any status other than
tourists or transit passenger and shall not have any prohibitions as prescribed by the
Ministerial Regulation.
Section 11. Whoever desires to engage an alien living abroad to
work for his business in the Kingdom may apply for the permit and pay fee on behalf
of that alien.
The application for the permit on behalf of the alien under paragraph
one shall be in accordance with the procedure as prescribed by the Ministerial
Regulation.
Section 12. In granting of permission to any alien to engage in work
in the Kingdom under the law on investment promotion or other laws, the authority
who grants permission under such law shall without delay notify the granting of that
permission in writing to the registrar together with other details as specified by the
Director-General.
The registrar shall, after receiving the notification under paragraph
one, issue the permit to that alien within seven days as from the date of receiving of
such notification.
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
4
While awaiting for the permit under paragraph two, that alien may
engage in work without regard to section 24 until the date of receiving of the permit
as notified by the registrar.
Section 13. The alien who is not eligible for the permit under
section 9 on account of the following grounds may apply to the registrar for the
permit to engage in the works as notified in the Government Gazette by the Council
of Ministers according to the recommendation of the Committee with due regard to
national security and social impact:
(1) being deported under the law on deportation, but he is allowed to
work at any place in lieu of deportation or while awaiting for deportation;
(2) having immigrated into or stayed in the Kingdom without
permission under the law on immigration, but he is allowed to stay in the Kingdom
temporarily while awaiting for deportation under the law on immigration;
(3) being lost of nationality by the provisions of the Announcement of
the National Executive Council No. 337, dated 13th December B.E. 2515 or by other
laws;
(4) born in the Kingdom but not entitling to Thai nationality by the
provisions of the Announcement of the National Executive Council No. 337, dated
13th December B.E. 2515;
(5) born in the Kingdom but not entitling to Thai nationality by the
provisions of the law on nationality.
The Council of Ministers may impose any condition in the Notification
under paragraph one.
The application for and the granting of the permit under paragraph one
shall be in accordance with the procedure as prescribed by the Ministerial Regulation.
Section 14. The alien having place of residence in, and being of
nationality of, the country having common boundary with Thailand who enters into
the Kingdom with travel document under the law on immigration may be permitted to
engage in specific categories of works or in works with specific nature in the
Kingdom temporarily through the specified period or season within the area which is
adjacent to boundary or the area which is contiguous therewith.
An alien who desires to engage in the work under paragraph one shall
submit the application, together with travel document, for temporary work permit to
the registrar and shall pay fee in the amount as prescribed by the Ministerial
Regulation.
In granting of the permit, the registrar shall specify the permitted
working area or work place, working period, category or nature of work and the
employer to work with in accordance with the form and procedure as prescribed by
the Ministerial Regulation.
The provisions of this section may come into force in any area, to the
alien of any nationality, for any category or nature of work, during any period or
season and with any condition upon the Notification of the Council of Ministers as
prescribed in the Government Gazette.
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
5
Section 15. The employee with the permit issued under section 9,
section 11, section 13 (1) and (2) and section 14, particularly to the work as
prescribed by the Ministerial Regulation, shall remit money to the Fund as security for
repatriation of that employee and the employer shall have the duty to deduct salary of
that employee and remit the deducted money to the Fund.
The amount of money to be remitted to the Fund, the deduction of
salary and the remittance of the deducted money to the Fund under paragraph one
shall be in accordance with the rules, procedure, period and rate as specified by the
Ministerial Regulation. The prescribed amount and rate may be different for the
employees of different nationalities with due regard to the cost of repatriation of the
employee of each nationality.
The provisions of paragraph one shall not apply to the employee
having the receipt issued under section 16 paragraph one showing that he completely
paid to the Fund or having the certificate issued under section 16 paragraph two and
the employee who has shown in the evidence of the registrar that he completely paid
to the Fund, particularly to the employee whose money has not yet returned under
section 18 or who has not been repatriated.
Section 16. When the employer remits deducted salary of any
employee to the Fund, the registrar shall issue the receipt to the employer. Such
receipt shall at least specify name and identification number of the employee whose
salary has been deducted and remitted to the Fund and the unpaid amount. The
employer shall then deliver the receipt to the employee as evidence.
In the case where the salary of the employee has been deducted so as to
remit to the Fund completely, the employer shall issue the certificate thereon to that
employee as evidence.
If the certificate issued under paragraph two is lost or damaged, the
employee may request the registrar for the substitution thereof.
The issuance of the receipt under paragraph one and the certificate
under paragraph two and the issuance of the substitution under paragraph three shall
be in accordance with the form, rules and procedure as prescribed by the Ministerial
Regulation.
Section 17. The employer who fails to remit the deducted salary
under section 15 to the Fund or remit an incomplete amount shall be liable to
surcharge at the rate of two per cent per month of the unremitted or incomplete
amount thereof.
Section 18. The employee who departs the Kingdom on his own
expense shall be entitled to claim his deducted salary which has been remitted to the
Fund. In this case, the employee may submit his request to the registrar at the port of
entry he has to presence for his departure or posts his written claim to the registrar.
The employee shall, in making of the claim under paragraph one,
attach the evidence under section 16 paragraph one therewith if the he has not yet paid
the Fund completely or the evidence under section 16 paragraph two if the he has
completely paid to the Fund.
The registrar shall return the deducted salary under paragraph one to
the employee within thirty days as from the date of receiving the request or claim, as
the case may be. If the registrar fails to return that money to the employee within the
aforesaid period, the registrar shall return that money together with interest at the rate
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
6
of seven point five per cent per annum since the expiration of the aforesaid period
through the date the registrar returns that money to the employee.
The return of deducted salary and interest thereof under this section
may be made in cash or cheque specifying the name of the employee or by
transferring that money to the account of the employee in accordance with the rules as
prescribed by the Director-General.
Section 19. If the employee who departs the Kingdom on his own
expense fails, within two years as from the date he departs the Kingdom, to claim for
his deducted salary remitted to the Fund under section 18, his right to claim for that
money shall be terminated and that money shall devolve on the Fund.
Within two years as from the departing date, if the employee under
paragraph one enters into the Kingdom and engages in the work as specified in the
permit which is still valid or engages in the work as specified in the new permit and
that work has been prescribed by the Ministerial Regulation enacted under section 15,
as the case may be, that employee shall be exempted from deduction of salary so as to
remit to the Fund, except where the deducted salary which is remitted to the Fund of
that employee has not yet completed, the employer shall deduct salary of that
employee so as to remit to the Fund until the completion thereof.
Section 20. If the employee has to be repatriated, the Fund shall
provide money for the expense of repatriation of that employee.
In the case where the money remitted to the Fund of the employee to
be repatriated has not yet completed, the Fund shall provide only for the deficient,
except where the employee engages in work in the Kingdom on demand of the
employer, that employer shall be liable to the deficient and the Fund shall collect the
deficient from that employer.
Section 21. The permit granted under this Act shall be valid for not
exceeding two years as from its granting date, except the permit which is granted to
the alien under section 12 shall be valid through the period he has been permitted to
work under such law.
The period of the permit under paragraph one shall not extend the
period to stay in the Kingdom under the law on immigration.
Section 22. In the case where the period of work of the holder of
permit under section 12 has been extended under such law, the licensor under such
law shall notify the extension of that period in writing to the registrar in accordance
with the form as specified by the Director-General as soon as possible and the
registrar shall file that extension in the permit.
Section 23. Prior to the expiry date of the permit, if the holder of
permit desires to continue engaging in that work, he shall apply for the renewal of that
permit to the registrar.
Upon submission of the application under paragraph one, the applicant
may engage in that work until the registrar refuses the renewal.
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
7
The period of each renewal shall not exceed two years and the renewal
shall be made only in necessary case so as to deter the settlement of alien in the
Kingdom. In the case of the alien under section 13 (1) and (2), the consecutive period
of work to be renewed shall not exceed four years, except where otherwise prescribed
by the Council of Ministers occasionally.
The application for and the granting of renewal shall be in accordance
with the rules and procedure as prescribed by the Ministerial Regulation.
Section 24. A holder of permit shall keep the permit on himself or
at the place of work during work in order that it may be readily shown to the
competent official or registrar.
Section 25. If the permit is lost or damaged, a holder of permit shall
apply for its substitution to the registrar within fifteen days as from the date that loss
or damage has known to him.
The application for and the granting of the substitution of the permit
shall be in accordance with the rules and procedure as prescribed by the Ministerial
Regulation.
Section 26. A holder of permit shall engage in work of the category
or nature and with the employer and at the area or place and conditions as permitted.
The holder of permit who desires to change or add category or nature
of work, employer, working area or work place or conditions shall be permitted by the
registrar.
The application for and the granting of the permission shall be in
accordance with the rules and procedure as prescribed by the Ministerial Regulation.
Section 27. No person shall engage an alien to work for him other
than the holder of permit and in the work of the category or nature and at the working
area or work place as specified in the permit.
Section 28. If the holder of permit violates or fails to comply with
the specified conditions, the registrar shall have the power to revoke the permit.
CHAPTER II
Alien Repatriation Fund
Section 29. There shall be established the fund in the Department of
Employment, called the “Alien Repatriation Fund”, so as to be the revolving fund for
the repatriation of employee, alien and deportee abroad under this Act, the law on
immigration and the law on deportation, as the case may be.
Section 30. The Fund shall consist of the following money and
properties:
(1) surcharge under section 8 paragraph three;
(2) money to be remitted to the Fund by the employer under section 15
(3) surcharge under section 17;
(4) money devolve on the Fund under section 19 paragraph one;
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
8
(5) money collected from the employer under section 20 paragraph
two;
(6) donated money or properties;
(7) fee collected under this Act as allowed by the Ministry of Finance
to spend without remitting to State’s fund;
(8) fruits of the Fund;
(9) subsidy from Government under section 31 paragraph two.
Money and properties under paragraph one shall devolve on the Fund
without remitting to State’s fund.
Section 31. The Fund shall be paid for the following purposes:
(1) to finance expenses in relation to the repatriation of employee
under this Act;
(2) to be returned to the employee under section 18 and to be paid for
related expenses thereof;
(3) to finance expenses in relation to the repatriation of alien under the
law on immigration;
(4) to finance expenses in relation to the deportation of deportee under
the law on deportation;
(5) to finance necessary administration cost of the Fund, but not
exceeding ten per cent of the fruits of the Fund;
(6) money of the Fund under section 30 (7) and fruits arising therefrom
shall be paid particularly for the benefit of the concerned agencies in relation to the
administration of the working of alien.
In the case where the money of the Fund is inadequate for the expenses
under paragraph one, the Government shall from time to time pay subsidy to the Fund
as necessary.
Section 32. There shall be the Board of Alien Repatriation Fund,
consisting of the Permanent Secretary of the Ministry of Labour as Chairperson, the
Director-General of the Department of Employment as Vice-Chairperson, the
Commissioner of Immigration Bureau, a representative of the Ministry of Foreign
Affaires, a representative of the Office of the Attorney-General, a representative of
the Bureau of the Budget, a representative of the Department of Provincial
Administration, a representative of the Comptroller General’s Department, a
representative of the Department of Social Development and Welfare and not more
than seven qualified persons having experience in labour, finance, industry and law
appointed by the Minister with approval of the Council of Ministers as members.
The Director of the Office of Foreign Workers Administration shall be
member and secretary.
The Board may appoint not more than two officials of the Department
of Employment to be assistant secretaries.
Section 33. A qualified member of the Board shall hold office for
the term of three years.
A qualified member who vacates from office may be reappointed, but
not more than two consecutive terms.
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
9
Section 34. In addition to vacating office at the end of the term, a
qualified member of the Board vacates office upon:
(1) death;
(2) resignation;
(3) being bankrupt;
(4) being an incompetent or quasi incompetent;
(5) being dismissed by the Council of Ministers due to negligent or
dishonest in the discharge of duty, disgrace behaviour or incapability;
(6) having been sentenced by a final judgment to imprisonment.
Section 35. The provisions on the committee having duty to conduct
administrative procedure under the law on administrative procedure shall apply to the
appointment of the qualified members of the Board and the meeting of the Board
mutatis mutandis.
Section 36. The Board shall have the power to appoint its subcommittee
so as to consider or perform any act as entrusted by the Board.
The provisions on the committee having duty to conduct administrative
procedure under the law on administrative procedure shall apply to the appointment
and the meeting of the sub-committee of the Board mutatis mutandis.
Section 37. The Board shall have the powers and duties as follows:
(1) to lay down guideline, rules, conditions and priority for spending of
the Fund for each year in accordance with the objectives of the fund;
(2) to determine rule for calculation of necessary cost in relation to the
repatriation or deportation of the employee, alien or deportee of each nationality;
(3) to consider and allocate money of the Fund for financing each
objective of the fund in accordance with the guideline and priority under (1);
(4) to consider and allocate money of the Fund to concerned agencies
as advance money for repatriation or deportation of the employee, alien or deportee;
(5) to issue regulations relating to the receipt, spending, keeping or
benefiting of money and internal audit of the Fund;
(6) to issue regulations relating to the rules and procedure for payment
of money of the Fund to concerned agencies for the repatriation or deportation of the
employee, alien or deportee and for payment of advance money under (4).
The determination, result of consideration and regulations under this
section shall be published in the Government Gazette.
The regulations issued under (5) and (6) shall come into force upon
their publications in the Government Gazette.
Section 38. The Department of Employment shall make and
maintain the accounting of the Fund in accordance with the accounting system of the
Ministry of Finance.
Section 39. The Office of the Auditor-General or the independence
auditor as approved by the Office of the Auditor-General shall be auditor of the Fund.
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
10
Section 40. The auditor shall report the result of the audit to the
Board for further submission to the Council of Ministers within one hundred and
twenty days as from the ending date of the accounting year, and the Department of
Employment shall publicise the financial statement as audited by the auditor within
fifteen days as from the date the acknowledgement of the Council of Ministers has
been given thereto.
CHAPTER III
Committee Considering Working of Alien
Section 41. There shall be the Committee Considering Working of
Alien, consisting of the Permanent Secretary of the Ministry of Labour as
Chairperson, the Secretary-General of the National Economic and Social
Development Board, the Secretary-General of the National Security Council, the
Director of the National Intelligence Agency, the Attorney-General, a representative
of the Ministry of Defence, a representative of the Ministry of Foreign Affaires, a
representative of the Ministry of Agriculture and Cooperatives, a representative of the
Ministry of Interior, a representative of the Ministry of Public Health, a representative
of the Ministry of Industry, a representative of the Royal Thai Police, not more than
three representatives of employers’ organisation, not more than three representatives
of employees’ organisation and not more than four qualified persons having
experience in labour, industry and law appointed by the Minister with approval of the
Council of Ministers as members.
The Director-General shall be member and secretary and the Director
of the Office of Foreign Workers Administration shall be member and assistant
secretary.
The acquisition, term of office and vacation from office of the
representatives of employers’ organisation and employees’ organisation and the term
of office and vacation from office of the qualified members under paragraph one shall
be in accordance with the regulations determined by the Minister with approval of the
Council of Ministers and published in the Government Gazette.
Section 42. The Committee shall have the powers and duties as
follows:
(1) to propose policy on working of alien to the Council of Ministers;
(2) to give recommendation to the Council of Ministers or the Minister
in the issuance of the Royal Decrees, Ministerial Regulations, Regulations and
Notifications under this Act;
(3) to monitor, oversee and cooperate an implementation of the
agencies concerned with the working of alien according to the policy on working of
alien laid down by the Council of Ministers;
(4) to supervise an implementation of the Department of Employment
under this Act to be in accordance with the policy on working of alien laid down by
the Council of Ministers;
(5) to perform any other duties as entrusted by the Council of
Ministers or Minister.
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
11
Section 43. At a meeting of the Committee, not less than one-half of
the total number of the members must be presented to constitute a quorum.
At a meeting of the Committee, if the Chairperson is not present at the
meeting or is unable to perform his duty, the members shall select one among
themselves to preside over at the meeting.
A decision shall be made by a majority of votes. In casting votes, each
member shall have one vote. In case of an equality of votes, the person who presides
over at the meeting shall cast an additional vote as a casing vote.
Section 44. The Committee shall have the power to appoint its subcommittee
to perform any act as entrusted by the Committee.
The provisions of section 43 shall apply to the meeting of the subcommittee
mutatis mutandis.
CHAPTER IV
Committee Considering Appeal on Working of Alien
Section 45. There shall be the Committee Considering Appeal on
Working of Alien, consisting of the Permanent Secretary of the Ministry of Labour as
Chairperson, a representative of the Ministry of Foreign Affaires, a representative of
the Office of National Economic and Social Development Board, a representative of
the Office of Attorney-General, a representative of the Department of Business
Development, a representative of the Office of the Board of Investment, a
representative of the Royal Thai Police, a representative of employers’ organisation, a
representative of employees’ organisation and not more than three qualified persons
appointed by the Minister as members.
The Director-General shall appoint an official of the Department of
Employment to be member and secretary and not more than two officials thereof as
assistant secretaries.
The acquisition, term of office and vacation from office of the
representatives of employers’ organisation and employees’ organisation and the term
of office and vacation from office of the qualified members under paragraph one shall
be in accordance with the regulations determined by the Minister and published in the
Government Gazette.
Section 46. In the case where the registrar refuses to grant the
permit or permission under section 9, section 11, section 13, section 14 or section 26
or refuses to renew the permit under section 23 or revokes the permit under section
28, the applicant or the person whose his permit has been revoked, as the case may be,
shall have the right to appeal, in writing, to the Appeal Committee by submitting an
appeal to the registrar within thirty days as from the date the order has known to him.
The registrar shall send the appeal together with his reasons for
refusing the granting of the permit, permission, renewal of the permit or revocation of
the permit to the Appeal Committee within seven days as from the date of receiving
the appeal, and the Appeal Committee shall give a decision thereon within thirty days
as from the date of receiving the appeal.
The decision of the Appeal Committee shall be final.
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
12
In the case of appeal on refusal order of not granting renewal of the
permit under section 23, the appellant may engage in work until the decision of the
Appeal Committee has been given.
Section 47. The provisions on administrative order and the
committee having duty to conduct administrative procedure under the law on
administrative procedure shall apply to the making of administrative order and the
meeting of the Appeal Committee mutatis mutandis.
CHAPTER V
Supervision
Section 48. In the performance of duties under this Act, the
Director-General, the registrar and the competent official shall have the powers as
follows:
(1) to have written inquiry or summon any person to give statement
and to produce document or evidence;
(2) to enter into, for the purpose of inspection under this Act and with
warrant of the Court, any place during working hour or the period believed to have
work if there is a reasonable ground to suspect that there is an alien working in that
place illegally, except the entering between sunrise and sunset. In this case, they shall
also have the power to make an inquiry or summon any document or evidence from a
person in charge of or relate to that place.
Section 49. The registrar and competent official shall have
identification card made in the form as specified by the Minister by publishing in the
Government Gazette.
In the performance of duties under this Act, the registrar and the
competent official shall produce identification card to related person.
Section 50. In the performance of duties under this Act, the
Director-General, the registrar and the competent official shall be the competent
official under the Penal Code.
If the competent official finds the alien working without having the
permit which is in violation of this Act and he orders that alien to report at the police
station together with him but that alien fails to do so or tries to escape, the competent
official shall have the power to arrest that alien without warrant of arrest and shall
take the arrested person to the office of the inquiry official at once. In this case, the
provisions of section 81, section 81/1, section 82, section 83, section 84, section 85
and section 86 of the Criminal Procedure Code shall apply to the arrest under this
section mutatis mutandis.
In order to assist the inquiry official in conducting an inquiry, the
Minister may appoint the competent official having knowledge and experience in
conducting an inquiry as joint-inquiry official under the Criminal Procedure Code. In
this case, that competent official shall have the powers and duties to assist the inquiry
official to conduct an inquiry the offense committed under this Act.
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
13
The carrying out of any conduct in relation to the arrest under
paragraph two and the joint inquiry under paragraph three shall be in accordance with
the rules and procedure as the Director-General and the Commissioner-General of the
Royal Thai Police jointly determined.
CHAPTER VI
Penalties
Section 51. An alien who engages in work without having the
permit shall be liable to imprisonment for a term of not exceeding five years or to a
fine from two thousand Baht to one hundred thousand Baht or to both.
In the case where the accused under paragraph one wilfully departs the
Kingdom within the period specified by the inquiry official, but not more than thirty
days, the inquiry official may settle the case and causes that alien to depart the
Kingdom.
Section 52. A holder of permit who engages in work in violation of
the conditions determined under section 9, section 13, section 14 or section 26 shall
be liable to a fine of not exceeding twenty thousand Baht.
Section 53. A holder of permit who fails to notify the registrar
under section 22 or fails to comply with section 24 shall be liable to a fine of not
exceeding ten thousand Baht.
Section 54. Whoever fails to comply with section 27 shall be liable
to a fine of not exceeding ten thousand Baht, and he shall be liable to a fine from ten
thousand Baht to one hundred thousand Baht per one alien if that alien has not had the
permit.
Section 55. Whoever fails to comply with the written inquiry or
fails to give statement or deliver document or evidence to the registrar or the
competent official who performs duties under section 48 without reasonable ground
shall be liable to a fine of not exceeding ten thousand Baht.
Section 56. The offenses under this Act other than the offense under
section 51 may be settled by the Settlement Committee as appointed by the Minister.
The Settlement Committee as appointed by the Minister under
paragraph one shall consist of three members whereby one of which shall be the
inquiry official under the Criminal Procedure Code.
When the Settlement Committee has settled the case and the accused
pay the fine in an amount as settled within thirty days, the case is deemed to be settled
under the Criminal Procedure Code.
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
14
Transitory Provisions
Section 57. The Ministerial Regulation prescribing the work that
may be engaged by the alien under section 7 shall be enacted within two years as from
the date this Act comes into force.
While there is no such Ministerial Regulation under section 7, the
registrar may permit the alien to engage in any work other than the works as
prescribed by the Royal Decree enacted under section 6 of the Working of Alien Act,
B.E. 2521.
Section 58. An alien who holds the permit or has been permitted to
engage in work under the Working of Alien Act, B.E. 2521 as amended by the
Working of Alien Act (No. 2), B.E. 2544 on the date this Act has been published in
the Government Gazette shall be deemed to have the permit or permission to engage
in work under this Act in accordance with the conditions as specified in the permit or
permission.
The permit granted under the Announcement of the National Executive
Council No. 322, dated 13th December B.E. 2515 shall be valid through the period as
specified therein and the holder of permit still engage in work as permitted.
Section 59. All applicant and appeal submitted under the provisions
of the Working of Alien Act, B.E. 2521 as amended by the Working of Alien Act
(No. 2), B.E. 2544 prior to the date this Act comes into force shall be deemed to be
the application or appeal submitted under this Act.
Section 60. All Royal Decree, Ministerial Regulations,
Notifications, resolutions of the Council of Ministers or orders of the Minister or
Director-General issued or made by virtue of the provisions of the Working of Alien
Act, B.E. 2521 as amended by the Working of Alien Act (No. 2), B.E. 2544 and still
be in force prior to the date this Act comes into force shall be continued in force if
they are not contrary to or inconsistent with the provisions of this Act and they shall
be deemed as if they are the Royal Decree, Ministerial Regulations, Notifications,
resolutions of the Council of Ministers or orders of the Minister or Director-General
issued or made by virtue of this Act.
Countersigned by:
General Surayud Chulanont
Prime Minister
© 2008, Pakorn Nilprapunt, Office of the Council of State (www.krisdika.go.th, www.lawreform.go.th)
Remark: Reference to Thai legislation in any jurisdiction shall be made to the Thai version only. This translation has been made
so as to establish correct understanding about this Act to the foreigners.
15
Rate of Fees
(1) The permit each 20,000 Baht
(2) Renewal of the permit each time 20,000 Baht
(3) Substitution of the permit each 3,000 Baht
(4) Permission to change or add category of work,
employer, working area or work place or
working conditions as permitted each time 5,000 Baht
(5) Levy for hiring of alien other than skilled
worker or expert per person 10,000 Baht
(6) Submission of an application each 1,000 Baht
In the enactment of the Ministerial Regulation prescribing fees, the fees to be
prescribed may be different with due regard to nature of work or both nature and
working area of alien.

1. Visa Issuance

1.1 Foreigners who wish to work, conduct business or undertake investment activities in Thailand must apply for a Non-Immigrant Visa at the Royal Thai Embassies or Royal Thai Consulates-General. Various categories of the Non-Immigrant Visa are currently provided to meet the needs and qualifications of individual business persons. These include business visa Category “B”, business-approved visa Category “B-A” and investment and business visa Category “IB”. Holder of this type of visa wishing to work in Thailand must be granted a work permit before starting work. The visa fee is 2,000 Baht for single-entry with three-month validity and 5,000 Baht for multiple entries with one-year validity.

1.2 Nationals of certain countries are required to apply for a visa only at the Royal Thai Embassy or Royal Thai Consulate-General in their home/residence country or at the designated Royal Thai Embassy or Royal Thai Consulate-General. Travellers are advised to contact the nearest Royal Thai Embassy or Consulate-General to find out where they may apply for a visa to Thailand before departure. For more information on contact details and locations of the Royal Thai Embassies and Royal Thai Consulates-General, see www.mfa.go.th/web/10.php.

2. Application for Visa

2.1 Non-Immigrant Visa Category “B” (Business Visa) is issued to applicants who wish to enter the Kingdom to work or to conduct business.
(1) Foreigners who wish to work in Thailand must provide the following documents:
– Passport or travel document with validity of not less than 6 months.
– Completed visa application form.
– Recent passport-sized photograph (4 x 6 cm) of the applicant taken within the past 6 months.
– Evidence of adequate finance (20,000 Baht per person and 40,000 Baht per family).
– Letter of approval from the Ministry of Labour. To obtain this letter, the applicant’s prospective employer in Thailand is required to submit Form WP3 at the Office of Foreign Workers Administration, Department of Employment, Ministry of Labour Tel. 02-2452745, or at the Provincial Employment Office in his or her respective province. More information is available at www.doe.go.th/workpermit/index.html
– Copy of Work Permit issued by the Ministry of Labour and alien income tax or Por Ngor Dor 91 (only in the case where applicant has previously worked in Thailand).
– Corporate documents of hiring company in Thailand such as:
1) business registration and business license
2) list of shareholders
3) company profile
4) details of business operation
5) list of foreign workers stating names, nationalities and positions
6) map indicating location of the company
7) balance sheet, statement of Income Tax and Business Tax (Por Ngor Dor 50 and Por Ngor Dor 30 of the latest year)
8) value-added tax registration (Por Por 20)
– Document indicating the number of foreign tourists (for tourism business only), or document indicating export transactions issued by banks (for export business only).
N.B.
– An alien who receives a Non-Immigrant visa can work in Thailand once he or she is being granted a work permit. An alien in violation of the Immigration Act B.E. 2522 (1979) concerning taking up employment without work permit or the Royal Decree B.E. 2522 (1979) concerning holding employment in certain restricted occupations and professions shall be prosecuted and imprisoned or fined, or shall face both penalties.
– It is recommended that the applicant should apply for visa at the Thai Embassy/ Consulate in the country where he/she has the residence

(2) Foreigners who wish to conduct business in Thailand must provide the following documents:
– Passport or travel document with a validity of not less than 6 months.
– Completed application form.
– Recent passport-sized photograph (4 x 6 cm) photograph of the applicant taken within the past 6 months.
– Evidence of adequate finance (20,000 Baht per person and 40,000 Baht per family) for the duration of stay in Thailand
– Letter from the applicant’s company indicating the applicant’s position, length of employment, salary and purpose of visit(s) to Thailand.
– Documents showing correspondence with business partners in Thailand.
– Evidence of financial status in the case where the applicant is self-employed.
– Letter of invitation from trading or associated partners/companies in Thailand.
– Corporate documents of associated partners/companies in Thailand such as:
1) business registration and business license
2) list of shareholders
3) company profile
4) details of business operation
5) map indicating location of the company
6) balance sheet, statement of Income Tax and Business Tax (Por
Ngor Dor 50 and Por Ngor Dor 30) of the latest year
7) value-added tax registration (Por Por 20)
(3) Copies of company documents must be signed by the Board of Directors or authorised managing director and affix seal of company.
(4) Additional documents may be requested as and when necessary. In the absence of a required document, applicant must provide a letter explaining the unavailability of such document. Applicant must endorse on each and every page of the submitted copies of documentation. Documents in foreign languages must be translated into Thai and should be notorised by notary organs or by the applicant’s diplomatic or consular mission.
(5) Holder of this type of visa is entitled to stay in Thailand for a maximum period of 90 days. He or she may apply for an extension of stay at the Office of the Immigration Bureau and may be granted such extension for a period of one year from the date of first entry into Thailand.
2.2 Non-Immigrant Visa category “B-A” (Business Approved Visa) The granting of such visa to qualified applicants is under the jurisdiction of the Office of the Immigration Bureau in Bangkok. The applicant’s associated company in which he or she will invest in or conduct business with may apply for this type of visa on behalf of the applicant at the Office of the Immigration Bureau. Once the application is approved, the Immigration Bureau will advise the concerned Royal Thai Embassy or Royal Consulate-General via the Ministry of Foreign Affairs to issue the visa to the applicant. The holder of this category “B-A” visa will be permitted to stay for a period of one year from the date of first entry into the Kingdom.
2.3 Non-Immigrant Visa Category “IB” (Investment and Business Visa) is issued to foreign citizens employed to work on investment projects which are under the auspices of the Board of Investment of Thailand (BOI). Such projects must be involved in or bring benefit to Thailand in the following ways:
- Export-promotion
- Increasing employment
- Utilising local raw materials
- Projects engaging the provinces
- Encouraging technology transfer to Thai nationals
- Not hindering existing domestic businesses
2.4 Non-Immigrant Visa Category “B” (Teaching) Foreigners who intend to take up employment as school teachers at the levels below university level in Thailand must submit the following required documents:
- Passport or travel document with validity of not less than 6 months
- Completed visa application form
- Recent passport-sized photograph (4 x 6 cm) of the applicant taken within the past 6 months.
- Letter of acceptance from employing institute or school in Thailand.
- Letter of approval from government agencies such as the Office of the Private Education Commission, the Office of the Basic Education Commission.
- Evidence of educational qualification such as diplomas or teaching certificates.
- School license or business registration, list of shareholders and school profile.
- Applicant’s resume.
- Police certificate verifying that applicant has no criminal record or equivalents or letter issued by authorised agencies in applicant’s country. (The requirement of the submission of such police certificate is optional. The applicant must submit it if consular officer requests he/she to do so. This requirement is effective as from May 2007)

3. Additional Information
3.1 Upon entry into the Kingdom, applicant or his or her appointed
representatives must apply for a work permit at the Office of Foreign Workers Administration, Department of Employment, Ministry of Labour in which the applicant will be obligated to pay income tax accordingly. If the applicant’s associated company is located in the provinces, the applicant must apply at the Employment Office of that province.
3.2 Applicant’s family members (i.e., spouse, parents and children who are
unmarried and under 20 years old) are eligible to apply for a Non-Immigrant Visa (category “O”) and will be allowed to stay for a period of 90 days but no longer than 1 year.

3.3 Foreign citizens who hold a Transit Visa (“TS”) or Tourist Visa
(“TR”) and wish to engage in business activities in Thailand may apply for a change of type of visa (e.g., from Tourist Visa to Non-Immigrant Visa) at the Office of the Immigration Bureau Office located at Soi Suan Plu, South Sathorn Road, Bangkok 10120, Tel 02 2873101-10, www.immigration.go.th. The granting of change of type of visa and extension of stay is at the discretion of the immigration officer.

4. One Stop Service Centre for Visas and Work Permits
4.1 The One Stop Service Centre for Visas and Work Permits was established on 1 July 1997 by authority of the Regulations of the Office of Prime Minister promulgated on 30 June 1997. The objective of this centre is to simplify visa extension and permit issuance procedures to create a good investment environment. It aims to facilitate applications of visa extension and work permits (e.g., stay permission, re-entry permit, work permit). The Centre is located on 207 Rachadapisek Road, Krisda Plaza, Dindaeng, Bangkok 10310, Tel 02 693-9333 – 9 .

4.2 Foreigners who are eligible to apply for visa extension and work permits at the One Stop Service Centre are:
(1) Foreigner who is an executive or expert with privileges accorded to them by the following laws:
– Investment Promotion Act B.E. 2520 (1977)
– Petroleum Act B.E. 2514 (1971)
– Industrial Estate Authority of Thailand Act B.E. 2522 (1979)
(2) Foreigner who is an investor.
– If investing not less than 2 million Baht, he or she will be granted a 1 year permit.
– If investing not less than 10 million Baht, he or she will be granted a 2 year permit.
(3) Foreigner who is an executive or expert.
– Foreigner’s associated company should be registered with
capital or possess asset of not less than 30 million Baht.
(4) Foreigner who is member of the foreign press must present a letter from the Ministry of Foreign Affairs and a copy of an ID Press Card issued by the Department of Public Relations.
(5) Foreigner who is a researcher or developer on science and technology.
(6) Foreigner who is employed in a branch office of an overseas bank, foreign banking office of an overseas bank, provincial foreign banking office of an overseas bank or a representative office of foreign bank in which all offices are certified by the Bank of Thailand.
(7) Foreigner who works on the necessary and urgent basis for a period of no longer than 15 days.
(8) Foreigner who is an official of the representative office for foreign juristic persons concerning the International Trading Business and Regional Office of Transnational Corporation in accordance to the Foreign Business Act B.E. 2542 (1999).
(9) Foreigner who is an expert on information technology.
(10) Foreigner who works at regional operating headquarters.

Surely, you are not stupid to tell the Thai authorities that you’ve been working illegally by not having a Thai work permit in the country as you might aggravate your situation further instead of winning their sympathy. The point is, you or your sponsoring company indeed, have to secure yourself a Thai work permit prior to start working in Thailand. Remember that it is always best to do things the correct way.
Before you can apply or be issued with a work permit you must have a non-immigrant visa. This is required to apply for a Thai work permit in Sweden. Ideally, it should be acquired prior to your arrival in Thailand. We can assist you in obtaining it in your home country or in country close to Thailand. In addition, we can help you convert a tourist visa to a non-immigrant visa without leaving Thailand but it can take up to 1 or 2 months for this conversion process.

Step 1 : Obtaining a Non-Immigrant Visa

equirements for getting a non-immigrant visa outside the country:

1. The applicant has been offered a job or starts a Thai company to employ himself/herself
2. The company requests that the applicant be given a non-immigrant visa so the company may apply for a Thai work permit for him/her
3. The company knows the person to be dependable, upstanding, and law abiding and that they will respect the laws and customs of the Kingdom of Thailand.
4. You should apply for this visa within 30 days before you plan to depart your country. The Consulate or consular officer will ask for copies of the registration documents and financial statements from the company.

Step 2 : Obtianing the Thai Work Permit. Employee provided documents:

1. Passport – copies of every page. Each copy must be signed by employee.
2. Non-Immigrant Visa
3. Departure Card TM.6
4. Education degree (signed copy) *
5. Transcript (signed copy) *
6. Certificates or licenses held by applicant (signed copy) *
7. CV or Resume – describe in detail the applicant’s past positions, duties, performance, length and place of employment.
8. Photos, three (3) in quantities which are 5 x 6 centimetres in size (not passport photos) with full face and taken wearing business attire (no hat and some jurisdictions require suit and tie). This must have been taken within six (6) months before the application for the Thai work permit.
9. Marriage Certificate (if married to Thai National). This includes the original and signed photocopies. Also include wife’s Thai ID card, birth certificates of children, and household registration.

* Thai government officials may require these documents to be certified by your country’s embassy (this requires bringing your degree, resume, license or certificate to your embassy to declare it is a true and original document. You are required to pay an authentication fee to your embassy. In addition, they can require you to translate these documents into the Thai language from your foreign language.
EMPLOYER PROVIDED DOCUMENTS:
1. Commercial Registration Department Certificate showing that the organization for which the applicant is going to work has been duly registered as a juristic person, giving the name of the Managing Director and/or Director, and its objections and registered capital.*
2. Shareholders List certified by the Commercial Registration Department.*
3. Factory License (if required) issued by Factory Department, Ministry of Industry.*
4. VAT Certificate – Phor Phor 20*
5. Withholding Tax – Phor Ngor Dor 1 (if renewing work permit)*
* Thai government officials require that all documents to have the seal of the company stamped on every page and the true and authorized signature(s) of the Managing Director and/or Directors next to the seal. In addition, government officials have in past requested official copies of registration, shareholder, licenses and certificates to have been issued by their respective agencies within the past 90 days of your application for Thai work permit.

Getting Your Thai Work Permit Approved

A job description is often the determining factor in the approval or denial of a Thai work permit. Unless the written job description requires skills that a Thai is not likely to possess, the application will not be approved. Our licensed Thai lawyers and foreign lawyers are skilled in writing professional and accurate job descriptions in order for you to gain quick approval. The Labor Department often seems to want to reduce the number of permits actually issued to help demonstrate that they are protecting Thai jobs. Therefore if your company applies for three permits, they may only approve one or possibly two. You need professional help in ensure all of your applications will have a successful outcome.

Once the application is submitted for your Thai Work Permit

Our staff will submit the documents for your Thai work permit, during the processing you must not let your visa expire. The Labor Department’s system links the non-immigrant visa (“extension of stay”) you listed on your application to the work permit paperwork. A typical time frame for approval of the work permit for a company of 2 million baht registered capital is seven (7) business days in Bangkok and up to 2 months in Phuket. BOI approved companies can enjoy 3 hour processing times at the One Stop Service Center. The Labor Department will issue a receipt stating your return date for receiving your work permit book.

Signing for your new Thai Work Permit

Your first and only appearance for the Thai work permit will be at the Labor Department upon its approval. You must appear in person with your passport and sign the Thai work permit book in the presence of the Labor Department staff. The Labor Department puts a stamp in the back of your passport at the time of receipt.

Restrictions on Your Thai Work Permit

The Thai work permit once approved allows you to work at the noted company and location. If you change employers or place of work, you must make a new application. Also if you resign or are terminated or laid off, according to the law, within 10 days of this, you must return your work permit to the Labor Department. Don’t count on your company doing it. It is your responsibility and you are liable to return it to the Labor Department.

Step 3 : The Tax ID Card:

Once your Thai work permit has been arranged, the next step is for your company to apply for a Thai taxpayer identification card. This ID card has a tax ID number which you will need to list on tax documents.

Step 4 : Obtaining the re-entry permit:

Extension of Stay vs. Re-entry Permit
Definition: “Visa” is issued outside of Thailand by a Thai Embassy or Consulate in which you request entry into the Kingdom of Thailand. Once allowed to enter the Kingdom, the Immigration Officer will stamp a date in your passport. This is referred to as your “Extension of Stay.”

Definition: “Extension of Stay” is the time period you are allowed to remain in the Kingdom of Thailand. This is typically the date stamp in your passport by the Immigration Officer either after arriving in the Kingdom through a border checkpoint or issuance by the Immigration Police after a request for an extension of stay.

Many people misunderstand the difference between an extension of stay and re-entry permit much to their own disadvantage. Here is the key point: your “extension of stay” stamp is the controlling date. Everything is dependent on this date. Your re-entry permit or Thai work permit is only valid until the date stamped in your passport to leave the country. Any re-entry permit you obtain will expire when your “extension of stay” expires. If you depart the country without a re-entry permit, your “extension of stay” is invalidated as well as your work permit. This is the key distinction so after going through the process of getting a longer period of time for your “extension of stay” and Thai work permit; please ensure you have a re-entry before departing Thailand. We can assist you to obtain a single re-entry entry permit (one time use) or multiple re-entry permit (unlimited use).

Step 5 : Renewing your Visa and Thai Work Permit:

Your Work Permit expires when your Extension of Stay does

You will need to renew your stay in Thailand before you can renew your Thai work permit. This can be done in Thailand or in some cases you must leave the country. If you cannot obtain your extension inside Thailand, you will have to get a new non-immigrant visa from a Thai Embassy or Consulate abroad as explained above. If you have an unexpired multiple-entry visa, all you have to do is go over the border and then return. If required to go outside Thailand to obtain a new visa, you will need to provide the Embassy or Consulate with copies of your work permit and new recommendation letter from your company, company registration documents, and financial and tax reports. We can assist you in any country with renewing your visa. Again, all of this must be done prior to your work permit expiration.

Reporting your Stay every 90 days

For persons on a long term extension of stay, they are required to report to Immigration Police every 90 days. Persons holding a multiple entry visa will simply depart Thailand and renew their extension of stay after each 90 day entry. Our firm offers professional service with a yearly package to perform the task of the reporting to Immigration each 90 days.

En thailändsk advokat har upprättat ett testamente till förmån för min thailändska sambo att ärva samtliga mina tillgångar. Testamentet är upprättat på thailändska med en godkänd kopia på engelska. Undertecknat av advokaten och bevittnat.
Jag är bosatt i Thailand sedan 6 år och utvandrad från Sverige.
1. Det har sagts mig att testamentet gäller ovillkorligt och kan inte påverkas av utländsk (svensk) lag.
SVAR: FEL! ARVSFRÅGOR BEDÖMS ENLIGT SVENSK RÄTT OM DEN AVLIDNE ÄR SVENSK MEDBORGARE. ETT TESTAMENTE SOM GJORTS I UTLANDET AV EN SVENSK SOM UTVANDRAT KAN PRÖVAS VID SVENSK DOMSTOL. ARVINGARNA HAR ALLTID RÄTT TILL SIN LAGLOTT.
2. Jag har vuxna barn i Sverige med mycket goda ekonomiska förhållanden. Enligt punkt 1 kan dom inte göra anspråk på sina laghlotter.
SVAR: FEL! DE KAN GÖRA ANSPRÅK PÅ SIN LAGLOTT. DE ANSÖKER VID STOCKHOLMS TINGSRÄTT OM ATT DÖDSBOET SKA AVTRÄDAS TILL FÖRVALTNING AV BOUTREDNINGSMAN OCH SEDAN GÖRS BOUPPTECKNING OCH ARVSKIFTE ENLIGT SVENSKA REGLER. EGENDOMEN I UTLANDET MEDRÄKNAS.
3. Om jag har tillgodohavanden i en svenska bank, accepterar då banken det thailändska testamentet för utbetalning av tillgodohavandet till min sambo.
SVAR: TESTAMENTET ÄR GILTIGT OM DET FÖLJER FORMKRAVET I DET LAND DÄR DEN AVLIDNE HADE SIN HEMVIST VID DÖDSFALLET. OM DET FINNS FASTIGHET I SVERIGE TORDE SVENSKA FORMKRAV FÖR TESTAMENTE GÄLLA FÖR DEN DELEN AV EGENDOMEN. MEN DET MÅSTE FÖRST PRÖVAS AV SVENSK DOMSTOL PÅ TALAN AV ARVINGAR FÖR ATT KUNNA FÖRKLARAS OGILTIGT. BANKEN MÅSTE MED ANDRA ORD ACCEPTERA TESTAMENTET OM DET INTE OGILTIGFÖRKLARATS.

Hoppas du är nöjd med svaret.