This document summarizes information presented by Kowit Somwaiya of LawPlus Ltd. on visa and work permit requirements in Thailand. It discusses who is exempt from work permits, definitions of key terms, government agencies responsible for enforcement, penalties for non-compliance, and procedures for obtaining work permits and visas for skilled and unskilled employees of promoted industries. It also covers a new smart visa program that allows certain experts, executives and investors to work in Thailand without work permits and with simplified reporting requirements.

1. 0
American Chamber of Commerce
SME and Legal Committees
11th July 2018
Bourbon Street, Bangkok
Visa and Work Permit
Kowit Somwaiya
Managing Partner
LawPlus Ltd.

2. 1
The information provided in this document is general in nature and may not
apply to any specific situation. Specific advice should be sought before taking
any action based on the information provided. Under no circumstances shall
LawPlus Ltd. or any of their directors, partners and lawyers be liable for any
direct or indirect, incidental or consequential loss or damage that results from
the use of or the reliance upon the information contained in this document.
Copyright © 2018 LawPlus Ltd.

3. 2
Kowit Somwaiya
• B.A. (Education – English), Ubon Ratchathani Rajbhat University
• LL.B., Thammasat University
• LL.M., University of Illinois
• Certificate of Instruction for Lawyers, Harvard Law School
• Managing Partner, LawPlus Ltd. and LawPlus Myanmar Ltd.
• Vice President, IPAT (Intellectual Property Association of Thailand)
• Member of the Board of Directors, INTA (International Trademark Association)

4. 3
www.lawplusltd.com for newsletters and articles on laws
LawPlus Ltd.
• Established in 2003
• Major practices
− Banking and finance
− Corporate and M&A
− FDI and investment promotion
− IP and IT
− Dispute resolution and litigation
• Rankings:
• Visit

5. 4
Who Are Exempt from Work Permits? (1)
• Section 4. This Emergency Decree shall not apply to the performance of
duties in the Kingdom by foreigners only in the following capacities:
(1) members of a diplomatic mission;
(2) members of a consular mission;
(3) representatives of a Member State to, and personnel of, the United
Nations and specialised agencies;
(4) private servants travelling from a foreign country to be in the ordinary
service to the persons under (1), (2) or (3);
(5) persons performing duties or missions under an agreement concluded by
the Government of Thailand with a foreign Government or an international
organisation;

6. 5
Who Are Exempt from Work Permits? (2)
(6) persons entering the Kingdom occasionally for organizing or participating in
meetings, giving comments, lecturing or demonstrating in meetings,
trainings, work visits, seminar or shows of arts or cultures or sport
competitions or any other activities prescribed by the Cabinet in which case
the Cabinet may specify periods of time or conditions as it finds
appropriate;
(7) persons entering the Kingdom for business operation or investment or
being experts, specialists or high-skilled persons who are beneficial to
development of the country as prescribed by the Carbinet;
(8) representatives of foreign legal entities granted with a foreign business
license under the foreign business law;

7. 6
What Are “Work” and “Work Permit”?
• “work” means engaging in any occupation with or without employer,
except for the operation of business by a licensee under the foreign
business law;
• “foreigner” means a natural person who is not of Thai nationality;
• “employer” means an employer under the law on labour protection and
shall also include a natural person or a juristic person intending to bring
a foreigner for working in the country with himself or itself;
• “employee” means a person who works for an employer in return for
wages;
• “work permit” means a work permit of a foreigner.

8. 7
Who Are in Charge?
• “Registrars” means the Director-General and competent officials
appointed by the Minister with the recommendation of the Director-
General for issuing work permits and performing other activities under
this Emergency Decree;
• “Director-General” means the Director-General of the Department of
Employment;
• “Minister” means the Minister having charge and control of the execution
of this Emergency Decree (the Minister of Labour).

9. 8
No Work Permit, No Work, No Hire
• A foreigner shall not work without a work permit or work outside the right
to work in violation of this Emergency Decree (Section 8).
• No person shall accept a foreigner to work without a work permit or allow
a foreigner to work outside the right to work in violation of this
Emergency Decree (Section 9).

10. 9
Easier to Obtain Work Permit
• Work Permit must be issued within 15 working days from the
application filing date.
• Each work permit can be for a term requested by the applicant but not to
exceed 2 years (Section 59).
• Foreigner residing outside Thailand can submit application for work
permit by electronic means (Section 60).

11. 10
Necessary and Urgent Works
• Foreigners can enter Thailand and perform urgent and necessary
work or special work for 15 days upon giving a notice to the
Registrar.
• An extension of time for another period of 15 days is possible upon
giving a second notice to the Registrar before the end of the first 15 days
(Section 61).
• 16 necessary and urgent works are under the notification of the
Department of Employment dated 28 June 2017.

12. 11
Necessary and Urgent Works (1)
1. work of organizing meetings, trainings or seminars
2. special academic lecture work
3. aviation management work
4. occasional internal audit work
5. follow-up and solving of technical problem work
6. product or goods quality inspection work
7. manufacturing process inspection or improvement work
8. work of machinery and electric generator equipment system inspection
or repair

13. 12
Necessary and Urgent Works (2)
9. machinery repair or installation work
10. electricity train system technician work
11. aircraft or aircraft equipment technician work
12. machinery repair or machinery controller system consultancy work
13. machinery demonstration and testing work
14. filming motion pictures and still photography work
15. work of selecting recruitment persons for sending workers to work
overseas
16. work of testing skills of technicians for sending them to work overseas.

14. 13
Notice to Registrar
• Employer must notify the Registrar of name, nationality and nature
of work of foreign employee within 15 days from his employment date
and also notify the Registrar within 15 days after employee resigns or is
terminated (Section 13).
• Employee must notify the Registrar of information about his
employer, place of work and nature of work within 15 days from his
employment date and notify the Registrar every time he changes
employer (Section 64/2).

15. 14
Penalties for Employees
No. Offences Fines (THB)
1. Not notifying Registrar of his employer up to 20,000
2. Not notifying Registrar of change of employer up to 20,000
3. Working without a WP 5,000 to 50,000 +
repatriation

16. 15
Penalties for Employers
No. Offences
Fines (THB) /
Imprisonment
1. Hiring foreigner without a work permit 10,000 to 100,000 per
employee
2. Repetition of offence under No. 1 - 50,000 to 200,000
- Imprisonment not more
than 1 year
- Being barred from
hiring foreigner for 3
years
3. Not notifying Registrar of hiring or ending of
employment of foreign employee
up to 20,000

17. 16
Visa and Work Permit for BOI Skilled Employees
• Skilled employee are President, Managing Director, General
Manager, Factory Manager, CFO, Production Engineer, etc.
• Must have education and experience requirements required by BOI
for business of employer.
• Terms of visa and WP depends on type of promoted business, such
as
− 4 years for IHQ
− 2 years for software development
− 1 year for data center

18. 17
Obtaining Visa and WP for Skilled Employee
No. Action By From
Timeframe
(Working Days)
1. Obtaining a Non-Immigrant B
visa abroad
Employee Thai Embassy
outside Thailand
Variable
2. Obtaining a username and a
password for using the BOI e-
Expert System
Employer One Stop Service
Center for Visa
and Work Permit
(OSS)
2-5
3. Obtaining an approval from the
BOI for positions of skilled
employees
Employer BOI e-Expert
System (online)
5-20
4. Obtaining an approval from the
BOI for appointment of each
skilled employee in the approved
position
Employer BOI e-Expert
System (online)
5
5. Obtaining a visa and a work
permit
Employee OSS 1

19. 18
Visa and Work Permit for Unskilled BOI Employees
• Unskilled Employee are factory workers, fishery labours, housemaids,
etc.
• Term of visa and work permit is not more than 2 years, renewable for
another period of not more than 2 years.
• From 1st January 2019, BOI promoted company can employ unskilled
employees only from Cambodia Laos and Myanmar.

20. 19
Obtaining Visa and Work Permit for BOI Unskilled Employees
No. Action By From
Timeframe
(Working Days)
1. Obtaining approval to bring
unskilled employees into
Thailand
Employer Bangkok Employment
Office (“BEO”) or
Provincial Employment
Office (“PEO”)
1
2. Obtaining an approval to bring
selected unskilled employees
to work in Thailand
BEO or
PEO
Relevant authorities in
home country
Variable
3. Obtaining an approval for
selected unskilled employees
to work in Thailand
Employer BEO or PEO 1
4. Obtaining a Non-Immigrant L-
A visa
Employee Thai embassy located in
home country
Variable
5. Attending a training workshop Employee Post-Arrival and
Employment Termination
Center
1
6. Health check-up Employee Hospital in Thailand 1
7. Obtaining a work permit Employee BEO or PEO 7

21. 20
Smart Visa Implementation Rules
• Ministry of Interior Notification on Special Permission for Foreign
Experts, Investors, Executives and Entrepreneur to Reside in Thailand
on Special Basis B.E. 2561 dated 30th January 2018.
• BOI Notification No. Por. 4/2561 on Qualification, Terms and
Conditions for Smart Visa B.E. 2561 dated 1st February 2018
• BOI Notification No. Por. 5/2561 on Procedures for Requesting
Qualification Certificate for Foreigners to Obtain Smart Visa B.E. 2561
dated 1st February 2018

22. 21
Smart Visa – Who Are Eligible and How to Obtain It?
• Qualified experts, executives, investors, entrepreneurs and their
spouses and children.
• Investing in one of the 10 targeted industries.
• Must first obtain a Qualification Certificate from the OSS of the BOI or
Thai Embassy or Thai Consulate in home country.
• Must obtain a smart visa from OSS or Thai Embassy or Thai
Consulate in home country within 60 days from Qualification Certificate
date.

23. 22
Terms of Smart Visa
No. Types Permitted Visa Terms Renewal Terms
1. Expert Per employment contract but not
more than 4 years
Same as permitted term
2. Executive Per employment contract but not
more than 4 years
Same as permitted term
3. Investor Not more than 4 years Same as permitted term
4. Entrepreneur 1 year 2 years
5. Spouses and Children Same as smart related visa
holder
Same as permitted term

24. 23
Benefits of Smart Visa
• Holder can work in Thailand without a work permit.
• Holder reports to the immigration official only once a year.
• Holder can re-enter Thailand without a re-entry permit.

25. 24
Unit 1401, 14th Floor, 990 Abdulrahim Place, Rama IV Road, Bangkok 10500, Thailand
Tel. +66 (0)2 636 0662, Fax +66 (0)2 636 0663
www.lawplusltd.com