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Rule of Department of Employment
on
The Criteria for the Consideration for Work Permit Issuance B.E. 2547
                                                                                                                        
      For The purpose of work permit issuance pursant to section 7 and section 8 of working ofAliens Act B.E. 2521 consistent with Rule of Department of Employment on the Citeria for the Consideration for Work Permit Issuance shall be prescribed.               
     By the virtue of section 32 of the Act of Organization of State Administration B.E. 2534 as amened by the Act of Organization of State Administration (No. 5) B.E. 2545, the Director-
General of the department of Employment set the follwing rules        
     No. 1:  This rule shall be called “Rule of Department of Employment on the Criteria for the Consideration for Work Permit Issuance B.E. 2547
     No. 2:  This rule shall come into force on 8 October B.E. 2547
     No. 3:  The following shall be repealed:
                 (1)  Rule of Department of Employment on the Consideration Criteria and Conditions for Work Permit Issuance B.E. 2545 issued on 22 May B.E. 2545
                 (2)  Rule of Department of Employment on the Consideration Criteria and Conditions for Work Permit Issuance (No. 2) B.E. 2545 issyed on 11 July B.E. 2545
                 (3)  Rule of Department of Employment on the Consideration Criteria and Conditions for Work Permit Issuance (No.3) B.E. 2547 issued on 5 February B.E, 2546
     No. 4:  The consideration for work permit issyance pursuant to section 7 and 8 shall be made in a necessary and appropriate manner, taking into account:
                 (1)  Political, religious, and social security of the Kingdom.
                 (2)  The priotection of Thai nationals over aliens in the occupations for which Thai nationals have adequate skills and there is no shortage of labour in the occupations.
                 (3)  The employment of the aliens shall bing about a large amount of foreign currencies for investment or expenses in the Kingdom, and shall generate employment of Thai nationals in a large number, or in case where modern and advanced technology is required, bring about technology transfer to Thai nationals.
                 (4)  Skill development of Thai nationals shall be derived from technology or knowiedge transferred, or the understanding of how to operate modern machines and tools by such aliens.
                 (5)  Humanitarian reasons.
      No. 5:  Work permit for the aliens mentioned in No. 4 shall be issued according to the following criteria:
                 (1)  For the aliens who work with and have certified letters from financial institutions under the supervision of Bank of Thailand or Ministry of Finance or other government offices taking responsibility in financial institutions supervision, the number of suc h aliens to be granted a work permit shll be as identified in the certified letters.
                 (2)  For the aliens who have certified letters from central or regional or localgovernment offices, state enterprises and public organizations under Public Organization Act which identifies name, position and duration of work.
                 (3)  For the alien workers who work with the employers whose business have a registered paid-up capital of not less than 2 million baht. Work permit shall be issued to an alion worker for every two-million baht investment or for the aliens who work with the overseas registered employers who perform business in Thailand with an investment of capital from overseas of not less than 3 million baht; work permit shall be issued to an alien worker for every three-million baht investment. Or for the aliens who with the overseas registered enterprises which perform their business in Thailand before 30 October B.E. 2545, but habe no document identifying their capital transferred from overseas. In such case their statement of account of the recent 6 months shall be considered and work permit shall be issued to an alien worker for every three-million baht investment.For the aliens who are married to thai nationals and have a marriage certificate and cohabit ad husband or wife, the amount of investment capital required in order to receive a work shall be reduced to half of the amount prescribed above. The number of alien workers to be granted work permit shall not be more than ten people. However, the number of alien workers to receive work permit shall not be more than 10 unless it falls under the following situations:
                      (a)  Working with the employers who paid rebenue tax of a recent year of not less than 3 million baht.
                      (b)  Working with the employers who performexport business and bring about foreign currencies into Thailand of minimum baht in a recent year.
                      (c)  Working with the employers in tourism business, which bring not less than 5,000 foreign tourists into Thailand in a recent year.
                      (d)  Working with the employers who employ not less than 100 Thai workers.
                (4)  For the aliends who work with the employers whose bysiness have paid up capital of minimum 2 million baht or work with the employers who have overseas registered and perform the business in the Kingdom with not less than 3 million baht of overseas capital, the said criteria about the limit on the number of aliens to be granted work permit as prescribed in No. 5 (3) shall not apply to the following.
                      (a)  Alien workers who can use technology which Thai nationals cannot perform or where there is a shortage of Thai worker. However, there shall be a technology transfer to at least 2 Thai nationals with the time limit.
                      (b)  Alien workers who possess expertise to accomplish the work in a limited timeframe project.
                      (c)  Alien workers who work in entertainment business with a temporary contract.
                (5)  The aliens who work in a foundation, association or other nonprofit organizations, which create benefits to society as a whole, are exempt from the prescription of No. 5  (3).
                (6)  The aliens who work in representative offices of foreign intemational-trading businesses set up to give recommendations on merchandise the head office distributes to dealers or customers, publicize information about merchandise or new services of the head office, report the head office4 about business movement in Thailand to not more than 2 persons in the head office. The aliens who perform the duty in Thailand for marketing supply or service supply fot their head offices, or perform the duty in quality and quantity controlling of produets made in Thailand for their head office shall be permitted to work in such position in such business for not more than five persons. Hhwever, this criteria is not prescribed to representative offices which can proivide a procurement or service in Thailand for their head office and that head office had ordered such goods orservice from manufacturer in Thailand in a recent year for the value of not less than 100 million baht.
                (7)  The aliens who work in regional offices which are established under the laws of country and perform a berform a business in another country, to perform the work as a representative of the head office in providing the services for example, business coordination and supervision to the branch or the companies in their of companies which are located in the region, consultant or human resources development training services, financial management, marketing management and sale promotion planing, production development, and research and development without any income from such serbices other than receiving the payment from the head office, and with no authority to buy or sell or do any trading business with any person or legal in a country where such representative offices are located, such aliens shall be permitted to work in that representative office not more than five persons. However, representative offices, which bring more than 10 million baht into Thailand for their expenses in a recent year, are exempt from the above-mentioned criteria.
         No. 6:  The consideration of work permit issyance according to No.4  to the aliens whose employers are persons and not possess any qualification as specified in No.5, shall be subject to the following criteria:
                    (1)  For the aliens who work with the employers whose business generates income in the past or present year. The work permit will be issued to an alien worker for every 700,000 baht income but the total number of aliens to be granted work permit shall not be more than three persons.
                    (2)  For the aliens who work with the employers who paid tax in the past year.  The work permit will be issued to an alien worker for every 50,000 baht income but the total number of aliens to be granted work permit shall not be more three persons.
                    (3)  For the aliens who work with the employers who employ four Thai workers; a work permit will be issued to an alien for every four Thai workers but the total number of aliens to be granted work permit shall not be more than three. For the aliens whose spouses are Thai nationals and having a marriage certificate, as well as cohabiting as husband and wife, the criteria prescribed in Paragraph one shall be reduced by half.
            No. 7:  The quota of work permit under No. 4 to be issued to the aliens who perform the works of legal or law suit services, shall be as agreed by the two parter in the following work:
                        (1)  Arbitrator
                        (2)  Conducting law suits in arbitration court in the case in which the applicable law is not Thai law or in case where no final judgment is requested in the Kingdom of Thailand.
             No. 8:  The consideration other than the above mentioned case or regulations shall be unedr the authority of the Director-General.
            No. 9:  The applications which are submitted to the competent official before the effective date of this Tule shall be under the prescription of the Rule of Department of Employment on the Consideration Criteria for Work Permit Issuance B.E. 2545 issued on 22 May B.E. 2545, the Rule of Department of Employment on the Consideration Criteria for Work Permit Issuance (No. 2) B.E. 2545 issued on 11 July B.E. 2545 and the Rule of Department of Employment on the Consideration Criteria for Work Permit Issuance (No. 3) B.E. 2546 issued on 5 February B.E. 2546.
             No. 10:  The Director-General shall have charge and cntrol of the execution of this Rule.

                                     Given on the 30 th  day of September B.E. 2547

                                                  Chuthatawat  Indrasukhsri  

                                                 (Chuthatawat  Indrasukhsri)

                                                        Director - General

W.P.2

(FOR FIRST TIME APPLICATION OR REAPPLICATION DUE TO EXPIRING)

QUALIFICATIONS OF AN APPLICATION
  1. Having residence in the Kingdom or having permission to stay in the Kingdom temporaily under lmmigration law (only NON-IMMIGRANT VISA is acceptable).
  2. Having the knowledge and/or skills to perform the work as stated in the application for a work permit.
  3. Not being insane or mentally sick, suffering from leprosy, tuberculosis, drug addiction, alcoholism, and elephantitus.
  4. Never having been imprisoned for violation of the lmmigration Law or the Working of Alien Act at least one year prior to the date of application

DOCUMENTS REQUIRED Please arrange documents in the following order:
  1. Application Form with 3 (5 x 6 cm.) recent photographe (taken within the last six months)
  2. Acertificate signed by the employer showing the need to employ a foreigner (the form provided by Department of Employment).
  3. Copy of the applicant's education certificate and job experience record. ( Form provided by Department of Employment is accepted in case such foreigner cannot submit the copy when applying)
  4. Medical certificate showing that the applicant does not suffer from prohibited diseases, as idseases, as identified by the law. (issued within the last six months).
  5. Passport and one copy of all pages or Certificate of Pemanent Residence and Certificate of Alien with a copy.
  6. Power of Attorney with 10 Baht duty stamp affixed and a copy of appointee's I.D. card (if the applicant is unable to apply in person).
  7. Map showing the loxation of company/enterprise
  8. W.P.10 Forms (Tor Thor 10) for notification of the commencement of work, a Power of Attormer of attomey made by the employer with 10 Baht duty stamp affixed and a copy of employer's I.D. Card.

Supported Documents as category of employer
  1. Company

            1.1  Acopy of ThaiCompany Registration and a copy of recentshareholders'list. (updated  within six       months). Or foreign juristic person needs to submit a copy of Business Operation License of such foreigner and document about money import.
            1.2  Copy of VAT Registration; form phot por 01 identifying type of business and Form        Phor Por 09 if there is any change.
            1.3  List of foreign workers who work at this company identifying work permit number.
            1.4  A copy of employer's work permit in case of he/she is a foreigne. Lf the employer is  not working in Thailand or has no work permit, power of attorney certified by Notary Public is needed.
            1.5 Company engaging any business which a license from the relevent Authority is needed, for example: Factory License. Restaurant License, Liquor License, Cigarette  License, Hotel License, Tourism License, Hospital License, Chemical lmport License, etc.
  1. Private school teacher / Private university

            2.1  The certificate letter from the organization of Ministry of Education.
            2.2  A copy of teacher license (Sho-Cho 11) and a copy of teacher placement license (sho-cho 18)
            2.3  A copy of the license of the school establishment / A copy of the license of the university establishment and A copy of the documents show the name of employer has the right for signing on the behalf of the university.

  1. Government organization / Teacher of government school

Acertificate letter from the govemment organization/Ministry of Education and school, which showsapplicants'name, position and work period.

  1. Association/ organization/ foundation

License of association/ organization/ foundation establishment (plus thelist of managing director)

  1. Film making

          5.1  Aletter from Ministry of Tourism and Sport show the list of applicants'name, position and passpost number and coordinator license
          5.2  A copy of Company Registration (updated within six months).

Remark
(1)  Any documents in foreign language other than English must be translated into Thai and cerlified by an acadimic Thai native speaker. All the Forms have to be filled in Thai
(2)  Every page of the documents to the company need to be certified by the authorized person or the appointee with company seal. Every page of the documents belongs to applicant need to be certified by the applicant himself or the appointee.

W.P.3 

(TNE APPLICANT HAS NOT YET ENTERED THAILAND. THE EMPLOYER IS RESONSIBLE FOR APPLYING WORK PERMIT NO HIS R HER BEHALF.)

DOCUMENTS REQUIRED Please arrange documents in the following orded:
  1. Application Form (W.P.3)
  2. Acertificate signed by the employer showing the need to employ a foreigner (the form provided by Department of Employment).
  3. Copy  of  the  applicant's  education  certificate  and  job  experience  record.  (Fom provided by Fepartment of Employment is accepted in case such foreigner cannot submit the copy when applying)
  4. A copy of Passport.
  5. Map showing the location of company/enterprise
  6. W.P.10 Forms (Tor. Thor 10) for notification of the commencement of work, a Power of Attorney made by the employer with 10 Baht duty stamp affxed, a copy of employer's I.D. Card and a copy of appointee's  I.D. Card

Supported Documents as category of employer
            1.Company
            1  A copy of Thai Company Registration and a copy of recentshareholders'list. (updated                 within six months.) Or foreign juristic person needs to submit a copy of Business              Operation      License of such foreigner and document about money import.
            2.  Copy of VAT Registration; form Phor Por 01 identifying type of business and Form Phor                Por 09 if there is and change.
            3.  List of foreign workers who work at this company identifying work permit number.
            4.  A copy of employer's work permit in case of he/she is a foreigner. If the employer is not               working in Thailand or has on work permit, Power of Attorney certified by Notary Pubic              is needed.
            5. Company engading and business which a license form the erlevant Authority is needed,              for example: Factory Licenes, Restaurant License, Liquor License, Cigarette License,      Hotel License, Tourism License,Hospital License, Chemical Import License, etc.
            2.  Pribate school teacher / Private uneversity
            1.  The certificate letter from the organization of Ministry of Education.
            2.  A copy of teacher license (Sho-Cho 11) and a copy of teacher placement license (Sho-                Cho 18)
            3.  A copy of the license of the school establishment / A copy of the license of the university             establishment and A copy of the documents show the name of employer has the right for          signing on the behalf of the university.
            3.  Government organization / Teacher of government school
            Acertificate letter from the govemment organization/Ministry of Education and school,       which shows applicants'name, position and work period.
           4.Association organization/ foundation
            License of association/organazation establishment (plus the list of managing director)
           5.Flim making

      1. A letter from Ministry of Tourism and Sport show the list of applicant's name ,position and passport number and coordinator license A copy Registion (updated within six months)
      2. A copy of Company Registration ( Updated within six months)

Remark
  1. Any document in foreign language other than English must be translated into Thai and certified by an academic Thai native speaker. All the Forms have to be filled in  Thai.
  2. Every page of the documents needs to be certified by autorized person or the appointee.

 

 

W.P.5 (Work Permit Renewal)
WORK PERMIT MUST BE EXTENDED BEFORE EXPIRY

1) Work Permit Renewal according to the due when the last expiry date of the work permit to the due of the yearly renewal (defined on page 5 for first time and them in the parenthesis) The holder must report to THE OFFICE OF OREIGN WORKERS ADMINISTRATION,Mit-Maitree Rd.Dindaeng,Bangkok.
1.  Application Form(W.P.5) and work Permit with a copy.
2.  Passport and one copy of all pages or Certificate of Permanent Residence and Certificate of Alien with
     a copy.
3.  Documents as staated in the conditions of work in the Work Permit.(If any)
4.  Power of Attorney with 10 Baht duty stamp affixed and a copy of appointee's I.D.card (If the applicant
     is  unable to apply in person).

Supported Documents as category of employer
1.Company

    1.1 A copy of ThaiCompany Registration and a copy recent shareholder'list.(updated within six months). Or foreign juristic person needs to submit a copy of Businesses Operation License of such foreginer and document about money import.

    1.2 List of foreign workers who work at this company identifing worl number.

2.Private school teaher / Private university
2.1  The certificate letter from the office of the organazation of Ministy of Education.
2.2  A copy of teacher license (She-Cho 11) and a copy of teacher placement liccense (She-Cho 18)
2.3 A copy of teather license of the school establishment / A copy of the license of the university   establishment and A copy of the documents show of the name of employer has the right for singing on the behalt of the university.
3.Goverment organazation
A certificate letter from the government organazation,which shows applicant;s name ,position and work period.
4.Assocation/organizaton/foundation
License of assocation/organization/foundation establishment(pust the list of managing director)

2) Work Permit Renewal according to the VISA when the duration from the last expiry date of the work permit to the due of the yearly renewal is later than 60 days. The holder must report to THE EMPOLYMENT OFFICE 1-10 or THE OFFICE OF OREIGN WORKERS ADMINISTRATION

  1. Application Form (W.P.5) and Work Permit with a copy.
  2. A copy of Company Registion (updated within six months).
  3. Passport and one copy of all page or Certificate of Permanent Residence and Certificate of Alien with a copy.
  4. Power of Attorney with 10 Baht duty stamp affixed and a copy of appointee's I.D. Card (If the applicant is unable to apply in person).

 

Remark
  1. Any document in foreign language other than English must be translated into Thai and certified by an academic Thai native speaker.All the Form have to be filled in Thai.
  2. Every page of the document belongs to the company need to be certified by the authorizedperson or the appointee with company seal.Every page of the document belongs to applicant need to be certified by the applicant himself or the appointee.

 

Application to change and/or adding place of work, establish branch and/or area of work
    • Submit Tor.Thor.7, Work Permit with Copy with related documents as same as apply for Tor.Thor. 2 except photo and examination certificate.

Application to change and/or adding establishment of work, location of branch and/or area of work
    • Work Permit with all pages of particulars
    • Copy of Juristic Person Certificate (the registered capital shall consisted 2 million Baht) and Copy of List of Shareholders (not exceeding 6 months)
    • Copy of Value Added Tax Registration, Por,Phor.09 specified changing and/or adding place of work, place of branch and/or area of work.
    • Map of establishment
    • Power of Attorney from alien (if the alien does not apply himself) attached 10 Baht of Duty Stamps and Copy of Proxy Holder’s I.D. Card.
    • Copy of Work Permit (if the authorized director is an alien and work in Thailand, if an alien who signed the name on document does not work in Thailand, the notary public shall certify and make Power of Attorney for and on behalf of the company to any person to do for.
    • Employer/authorized director who signed in Certificate of Commercial Registration signs and certifies with seal on copies of documents of that establishment, an alien signs and certifies on his documents.

Remarks:

  1. Service Charge for Work Permit is 375.- USD or 15,000.- baht.
  2. The fees for 1 Year Work Permit is 75 USD or 3,000.- Baht.
  3. The fees for 1 Year Visa is 48 USD or 1,900.- Baht.
  4. The new establishment, when asking for Work Permit, Issuing Authority will issue Work Permit with 3 months, 6 months or 1 years validity depend on each case as reasonable with conditions of renewal for Work Permit. Before expiry, the result of the company must be reported truly with document to affirm that the transaction, if there is a ground, the Issuing Authority shall renew for 1 year (Normally the old company with good transaction shall be issuing Work Permit for 1 years).
  5. If you want to establish you own company, please see Company Registration.
  6. Consideration to issue Work Permit consumes for 7-15 days.
  7. Consideration to issue VISA consumes 1 month or over.
  8. One Stop Service You shall apply for Work Permit or 1 years VISA with 1 day (Permission for 1 day), if your company is under the conditions above-mentioned and the following conditions.
    1. The registered capital shall be 30 million baht (or equal 750,000 USD)
    2. If the registered capital is less than 30 million baht (Or 750,000 USD), then the assets shall be 30 million baht.
    3. If the registered capital is less than 30 million baht (Or 750,000 USD), then all the income shall be 30 million baht.
  9. Application for Work Permit with 1 year VISA, the aliens shall not work in that company with non-repeatedly position, you can apply for Work Permit for aliens as much as you want, but the position shall be under the conditions of Thai law, or the position that cannot work by Thais, in case the position can do by Thais, but the alien shall possess special skill or particular characteristics that the Thais cannot do, except the directors who are co-investors, can apply for a visa and just an alien or many aliens in the company can hold the shares not exceeding 49% of all registered capital, the rest are just a Thai or many Thais hold shares together no less than 51% of registered capital. In case of foreign company established a branch office in Thailand (Aliens hold share 100%), then the representative of the branch in Thailand can apply for Work Permit for those employees.
  10. Any company requires to ask for Work Permit with just an alien, the employees shall be 4 Thais get permanent salary in the company (any position), in case there are no Thai employees on the above number, then the official will consider on each case.
  11. Work Permit (1 year visa) renewal, the service charge is 250 USD or 10,000 .-baht.
  12. The service charge for changing work or place of work for Work Permit is 88 USD or 3,500.- baht.
  13. The service charge for Work Permit can be negotiated.

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