It is best when you are working in a foreign country that you abide by the rules and regulations for your employment. Thailand has very strict laws governing the employment of foreigners. There are many areas of employment that are restricted to only Thai nationals and therefore foreigners are not allowed to work these jobs. Once you meet the requirements you will need to submit your Thailand letselschade bedragen work permit application to the Labor Department for approval. We will review the process for your work permit application.
Thai Work Permit Process: Obtaining a work permit requires an applicant to gather the necessary documents prior to applying.
First, the applicant must obtain a Non-immigrant visa category "B". To receive a category B visa the applicant should file a petition with the Thai embassy in his or her native country at least 30 days before the planned departure. The applicant should include with the petition
1. Proof that the applicant has been offered a job or starts a Thai company and will employ himself or herself,
2. A request from the company that the applicant be granted a visa,
3. A statement from the company declaring the applicant to be dependable, upstanding and law abiding,
4. And finally, registration and financial statements from the company.
Second, once the category B visa has been granted the applicant and the employer should complete the necessary petition and provide a number of additional documents. The applicant should provide the following documents
1. The applicant's passport along with copies of every page of the booklet (the copies must be signed by the applicant),
2. The non-immigrant visa category "B",
3. The applicant's departure card TM 6,
4. A signed copy of the applicant's educational degree(s)
5. A signed copy of the applicant's transcript
6. The applicant's CV or Resume that describes past positions, duties, performance reviews, length of tenure at the positions, and the locations of employment
7. Three 5 X 6 photos of the applicant's face that have been taken in the past six months
8. Any certificates or licenses held by the applicant (the copies must be signed by the applicant,)
9. Any marriage certificates if the marriage is to a Thai national (this includes the original and signed photocopies and the spouse's ID card, birth certificates of children and household registration documents,)
10. Note: The Thai officials handling the application may require that the document be certified by the applicant's embassy requiring a person to go to the embassy prior to submitting the document.
In addition to applicant's documents, the company should also provide the following materials all of which require the seal of the company stamped on each page along with signatures of the Managing Director(s):
1. A Commercial Registration Department Certificate demonstrating that the company is registered as a juristic person (the document should include the name of the Managing Director(s) along with the registered capital and objections,)
2. A list of the shareholders that has been certified by the Commercial Registration Department,
3. A VAT Certificate - Phor Phor 20,
4. If necessary a factory license issued by the Factor Department of the Ministry of Industry,
5. And if the work permit is being renewed then a Withhold Tax - Phor Ngor Dor 1.
6. Note: Other documents may be requested.
Third, while these are required documents often times a job description can help in having the work permit approved. The job description should indicate why a Thai national would not be able to satisfy the job requirements. Additionally it is important to never let the applicant's visa expire during the process of waiting for a work permit as it will reset the process. Finally, once the work permit has been approved the applicant must go to the Labor Department and sign the permit.
Additional Steps: Once you have a Thai Work Permit the applicant may or must complete a few additional steps in order to fully enjoy the permit.
· Obtaining a re-entry visa which allows the applicant to leave and reenter the country without forfeiting the visa or work permit.
· Renewing the visa and work permit if the applicant wishes to remain and work in Thailand for an additional period of time.
· Obtaining a Tax ID card and Tax ID Number which will be needed for tax documents.
· Report to the Thai Immigration Police every 90 days to ensure the work permit and visa are being maintained or if the applicant has a multiple re-entry visa then leaving and reentering Thailand will satisfy this requirement.
The number of foreign visitors in Thailand has increased remarkably over the recent past. Interest in retaining business and property has likewise escalated. Despite this, the Thai government has not relaxed rules on foreign ownership of land in the country.
While foreign land ownership is generally not available in Thailand, corporations are allowed to buy and own land in the State. Even corporations owned partly by foreigners are allowed to buy land. Foreigners have seen this as an opportunity to own property in the country. They have since availed of this option as a solution to the restriction.
Incorporation: The most common corporate form exploited by foreigners is the Thai Limited Company. The Thai Limited Company is easy to set up and requires few principals.
Here are a few guidelines on company registration in Thailand:
The company must first register with the Thai authorities. To register as a Thai company, the majority of the shares must be held by Thai citizens. The company requires at least three shareholders. Once the corporation has filed with the Thai authorities, they are already allowed to purchase land. Note that this option is different from the allowances for U.S. corporations under the Amity Treaty. Corporations registered under the Amity Treaty may not purchase land.
The Thai Limited Company offers investment options while protecting the principal investors. First, shareholders are only liable for any unpaid shares. Additionally, the registration process is relatively straightforward. So long as the majority of the shareholders are Thai citizens, the corporation merely has to file the paperwork with the proper government office.
Thai law requires that Thai citizens hold the majority of shares in a Thai corporation. However, Thai law allows for different kinds of shares. Ordinary shares grant the shareholder one vote per share. Preferred shares allow the shareholder multiple votes per share. In the case at hand, the corporation may choose to grant multiple Thai shareholders ordinary shares while issuing preferred shares to fewer foreign shareholders. Therefore, the company will qualify under Thai law. However, the foreign party may still retain control over the operations because they can assign more votes.
Land Acquisition: Once the foreign party has properly incorporated, they may purchase property like any other juristic person in Thailand. The favorable voting distribution allows the foreigner to retain total control over the assets held by the corporation. Therefore, the foreigner can decide when and where to buy and sell land. They may also determine how the land is used. All of the facets make this an attractive option for foreigners. Effectively, they may own land.
Despite these advantages, foreign investors must always consider certain issues. First, the foreigner must find a Thai citizen that they feel comfortable going into business with. This will involve networking which may be difficult with the language barrier. Thai and foreign parties may also have a hard time agreeing on the terms of the business arrangement. In any culture, it is difficult to find someone willing to offer his or her "services" free of charge. Finally, there are several minimum investment requirements. The foreign investor will likely have to deposit 10 million baht into a Thai bank account. This minimum often puts this option out of reach for the average investor. However, foreigners who can afford this minimum and meet the other requirements can effectively enter into business and own land.