You need a work permit if
working in Thailand. You must hold a non immigrant B visa & be
employed in a company in Thailand or have your own company before you apply.
NEW DIRECTIVE 2006 :the new Work
Permit fees are as follows:
• A new work permit valid up to three months costs 750 baht.
• A new work permit valid up to six months cost 1,500 baht.
• A new work permit valid up to one year costs 3,000 baht.
• A work permit valid for longer than one year costs 3,000 bah plus the amount for the period exceeding one
year.
• To renew or extend a work permit for up to three months costs
750 baht.
• To renew or extend a work permit for up to six month costs
1,500 baht.
• To renew or extend a work permit for up to one year cost 3,000
baht.
• To renew or extend a work permit for longer than one yea costs
3,000 baht plus the amount for the period exceeding one year.
• A letter stipulating full details of a work permit costs 150 baht.
• To register change of type of work costs 150 baht.
• To register change of place of work costs 150 baht.
for extra work permits for foreigners all companies must
now show 2m baht per foreigner in the bank.
new rules for work permit holders. New companies wishing to have work
permits when applying for a
work permit for a foreigner has new rules now. When renewing your work permit you must now
take your Income Tax certificate for that period on renewal to the Labour
Office: called a Phor Nor Dor. All new work permits an existing company
wishes to have you now need to show share
capital in the bank :
All aliens working in Thailand must hold a
valid work permit, issued by the Department of Employment of the Ministry
of Labor and Social Welfare pursuant to the Alien Employment Act B.E. 2521
(A.D. 1978). "Work" is broad, covering physical and mental
activities, whether or not for wages or other remuneration. Working
without a valid work permit even for a day is a criminal offense or for
charity or NGO's with no exceptions. The validity period of a work permit
is governed by the holder's immigration status, i.e. a work permit usually
expires on the last day of the period of stay allowed by immigration
officials as shown on the alien's visa. Aliens holding transit and tourist
visas are not permitted to work.
Advice: Apply for a Work Permit so you can work legally in Thailand &
now since June 6th you must have a work permit to open a bank
account. Remember you must now be registered for VAT so some law services
may not include tax or government fees in their prices.
WORK PERMITS:
Exemption: diplomatic staff, consuls, UN, working for Kingdom, if allowed
by the government, if coming to enhance education, culture, sport, or arts
or any other prescribed by Royal decree.
You must apply for a work permit if coming here to stay & work.
Employer can file on workers behalf. Permit is valid only for duration
time. You can process your non immigrant visa before you arrive in
Thailand but then you need a work permit. The work permit must be renewed
on a yearly basis. To obtain a work permit you need: alien residence book;
passport with non immigrant visa. Local doctors certificate; Cert of
employment, 3 photos, letter of transfer if from one job to another with
foreign company. Education certs & any other relevant documents. You
can only work on what the permit says & allows you to do. It helps to
submit copies of all business tax returns, balance sheets etc. They say an
expat earns around 65,000 baht a month unless he receives other benefits
like housing etc. Plus if he is the Director. But if you are a director
and your Thai partner is the main director then the salary will generally
be less. Note every company is different so what they may say is needed by
one is always different from another.
If wanting to open a Bank account in Thailand Thai
farmers require passport whereas Krung Thai want to see a work permit.
Cost for work permit depends on the lawyer but look at
between anywhere up to 15,000 baht for processing your work permit. Make
sure this includes govt fees & tax ID. We charge 12,000 baht but in
Bangkok expect to pay more even up to 20,000 baht.
Obtain a letter from the immigration dept. Take passport & 2 photos to
the immigration & they will write this letter for you. No charge
(although we have been told they are now charging 200 baht-500 baht? for
the letter at various Immigration Offices). We can assist you.
WHAT
YOU NOW NEED:
The first step is to have a non immigrant B
visa & to obtain you must go to a Thai Embassy say in Penang. Malaysia
etc. Do not go to Vientiane as they do not allow multiple visas. Write to
us [ Non immigrant visas ] & we will
tell you how to go about all this. You can obtain a non immigrant visa
from your home country BUT you must have a letter from a Thai Company
willing to employ you on letterhead & company stamp & some places
eg. Penang need your company papers. You can now
transfer from say an "O" non immigrant visa & use this up
until expiry date if you want a new work permit. Once finished then you
must apply for a "B" non immigrant visa to keep your work permit
alive.
- Passport must have a valid Non-Immigrant
visa Category "B".
- Copy of Educational certificates OR
Curriculum Vitae/Resume.
- Three (3) photos, 2 * x 3 inch, front
view, well dressed, head uncovered, taken not more than 6 months prior
to filing of application; from shoulders up.
- Certificate from a first class physician
stating that applicant is not a person of unsound mind. Costs 150 -
400 Baht at a Thai hospital.
- Home address in Thailand & your
Office needs to be an Office if a new company. The Labour Office will
inspect so you need to have a map of your Office with streets; a work
breakdown of all your employees and job situation on a tree type work
system for your company. Remember 1 work permit you must employ 4 Thai
workers.
- Photo of your Office
- Must register for VAT (Por Por
01, Por Por 20).
- Your company must be in operation less
than 60 days after formation otherwise you need to do the company
process again to have your company re-dated before you apply for your
work permit. Therefore you must have a copy of the balance sheet
for the company.
- As said you now need to be registered
for VAT. You also need to declare VAT for 1 year & VAT cert.
- Map of Office & Employee work plan.
- Letter from Director saying you need a
foreigner in your company & job description that a Thai isn't
employed instead.
- If married to a Thai, marriage papers,
ID card & house reg copies.
- If using someone else to process then
they must fill in the required authorization form and that person must
supply copy of ID, house reg.10 baht
- Your Office may be inspected for
compliance.
Documents
from the Employer (or your Thai Company if you are owner):
- Employment certificate from company
stating position; monthly salary.
- Job description.
- Organization chart giving names and
positions of all employees of company. Indicate total number of Thais
and Foreign employees in the bottom of the organization chart (Ratio
is normally 4 Thais:1 Foreigner with minimum share registration of 2m
baht; for 2 foreigners the share registration must be a figure between
4m baht).
- Copy of company's list of Shareholders
certified by the Commercial Registration Department, Ministry of
Commerce.
- Registration documents of company form
and certified by the Commercial Registration Department, showing
business classification, names of partners, Board of Directors,
Committee, and Manager. Also acquire the List of Objectives of the
Business.
- Map of the company location.
- Copy of VAT Certificate (Phor.Phor.20) /
application for VAT registration (Phor.Phor.01)
- Copy of Balance Sheet of previous year
& financial statements plus bank statements
- Certificate of registration
Partnership/Co., Ltd.
- Factory license (if Factory)
- Evidence of Registered capital (not
necessary paid up capital) of minimum 2,000,000 Baht per Work permit
in the company.
- Evidence of 5m baht tax over the past
3 years
- The work permit can take about 2-4 weeks
to process
- Foreigners must pay monthly tax on
salaries received and tax paid, married foreigners min 40,000
baht
The news laws affect: new
& replacement work permits, reentry stamps on existing permits as well
HOW
THE WORK PERMIT BOOK WORKS:
Once you receive your work
permit you are bound to only do what the job role is in your blue book.
This can apply to your place of work as well. You must renew in accordance
with your B visa. If you are on a multiple visa & say the date of
expiry is 20th August you should renew your visa before that date then
take your Work permit book to the Labour office on the exact day the work
permit expires 20th August--not before & not later as you can be
fined. If say you decide to leave Thailand for a few weeks then make sure
you take your work permit book back to the Labour Office, explain that you
are leaving and they will make a record that you wish to renew your work
permit when you return. If you do not then you must apply again for a new
work permit. Our lawyer can help you if you have problems. If renewing
your entry take your work permit book to the border as immigration may ask
to see it. Most times they do not-- but better to be safe. Cost to renew
at the moment is 300 baht. You need copies of your passport main page
& last visa page. You will need to fill out a new form as well.
Normally they may update same day or they you will have to go back in a couple of days to pickup your book
and uplift another renewal form if you need the employer to sign next
time. That's it till the next time.
MULTIPLE
ENTRY NON IMMIGRANT B VISAS:?
Once your non immigrant
visa finishes one needs to leave the country & obtain another visa.
You may want to go on a holiday for awhile as you must leave Thailand.
When doing so you must hand in your Blue Work permit book to the Labour
Office 7 days before, then when you have your passport re-stamped and a
new multiple visa is installed, you must renew your Blue Book.
This is why all foreigners when obtaining a work permit must obtain a
VAT certificate NOW and it may be that they want you to then apply for a
1 year Visa instead of multiple non immigrant B visa. Some places eg.
Penang only allow 2-3 entries in your passport. This then means you may
want to apply for a 1 year Visa in Thailand
THE
ONE YEAR VISA:
Applies to "B"
holders. Yes you can apply for a one year visa in Thailand but it is
complicated and you need to have VAT cert, audited books & loads of
other requirements which means once you have your one year thats it. You
not have to leave the country after 3 months but after a year you do the
whole thing again. You need 7 Thai workers in your company, pay a salary
to yourself & various other requirements. If the sole director is
receiving 60,000 baht per month--- you pay tax each month approx 3500
baht on this amount. Its up to Bangkok to say how much you pay yourself
& don't leave it till the last month to apply as it can takes 2
months to process. Sometimes you may even be told to lift your share reg
up by a further 1m baht. You need a good accountant who can help you
file the papers, have the last balance sheet enclosed plus loads of
other paperwork to comply with. Best bet is to use a lawyer on all
legal matters like this as they know what to do and also tend
not to have any barriers put up against them from Immigration. Do not
attempt to use your girlfriend to process this application as
frustration will certainly set in. Our OFFICE CAN GET YOU A ONE YEAR
VISA EXPRESS SERVICE in one day FOR 15,000 BAHT or 21 days 10,000 baht.
TEMPORARY
WORK PERMIT:
Some folk coming to
Thailand to conduct seminars, rock concerts etc require the following to
obtain a temporary work permit good for up to 15 days. What you need:
1/. You must be a
registered company outside Thailand.
2/. Must have company
papers and registration papers.
3/. No tax is payable.
4/. A temporary work
permit for up to 15 days is issued.
5/. If already living
in Thailand & on a non immigrant visa or ordinary visa this is OK.
6/. Apply at your
nearest Labour Office for the paperwork application form.
Law
services. We offer you services at very reasonable rates. Our lawyers speak English so please compare OUR PRICES.
Remember a cheap price may mean just that, eg. does it include tax, govt
fees etc, so check. We offer full ENGLISH translations plus German &
Japanese translation services and step by step
procedures in English.
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or buying a house or condo in Chiangmai use
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they also offer FREE help service & ongoing service & are the
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