According to the procedure order, the 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Consulting contract with both parties' official seals.
3. Tourism representatives who bring in foreigners to travel in Thailand.
- 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.
- 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.
- 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.
Compared to the former regulations concerning work permits, most people found that these new conditions sound too good to be true. However, based on our experiences, we have proved that in the real practice these new conditions do exist. Receiving work permits is a very major concern for every business. The more options for work permit are available, the more sensible and effective approaches are to be utilized.
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