What is the law on TM - 30, Re overnight travel within Thailand ?

[PhuketSarah]

My understanding the TM 30 "Address report" is required  within 24 hours of return only after travel outside the country or of course if the address has changed 

A report has it a person was fined 1000 baht in Phuket for not reporting address within 24 hours from travel to Bangkok. 

 

Are we really expected to  spend a day reporting to immigration each and every time we spend the night outside our registered address?

 What is the law, and how can one get a copy of it?  

 Thank you.  

[PhuketSarah]

Not at all clear from this https://www.immigration.go.th/content/การแจ้งที่พักคนต่างด้าว  ( English tab at top right of page ) 

[PhuketSarah]

1678 call center = Network Failure   other numbers do not pick up after voice menu instructs press 9 for Eng, and then 0 for help 

 

Immigration Bureau

Call Center: 1178
Address: Immigration Bureau 507 Soi Suan Plu Sathorn Bangkok 10120
Tel.: 0-2287-3101 to 10
Fax: 0-2287-1516, 0-2287-1310

[ubonjoe]

Section 38 of the Immigration Act of 1979.

 

Quote

Section 38 : The house – master , the owner or the possessor of the residence , or the hotel manager
where the alien , receiving permission to stay temporary in the Kingdom has stayed , must notify the
competent official of the Immigration Office located in the same area with that hours , dwelling place or
hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office
located in that area , the local police official for that area must be notified.

There should be no requirement to do one after a trip within the country since a report done by a hotel does not change your permanent address.

The way I read it is that you should not need to do a new report unless you change your permanent address.

[elviajero]

Yes, they could charge up to 2,000 baht under the law. TM.30 reporting is supposed to track the whereabouts of each foreigner. When you arrive at a hotel/residence someone is supposed to report you've arrived, but they don't report that you have left. It's the responsibility of someone at the next address to report you've arrived (moved on), and so on.

 

They can insist that someone at the property a foreigner lives at makes a report every time they return from staying at another address in the country. Most offices don't enforce the law in full.

 

Here is the law concerning address reporting:

Immigration Act

Section 37 : An alien having received a temporary entry permit into the Kingdom must comply with the following :

1. Shall not engage in the occupation or temporary or employment unless authorized by the Director General. or competent official deputized by the Director General . If , in any case , there is a law concerning alien employment provided hereafter , the granting of work privileges must comply with the law concerned.

2. Shall stay at the place as indicated to the competent official. Where there is proper reason that he cannot stay at the place as indicated to the competent official, he shall notify the competent official of the change in residence , within 24 hours from the time of removing to said place.

3. Shall notify the police official of the local police station where such alien resides, within twenty – four hours from the time of arrival. In the case of change in residence in which new residence is not located the same area with the former police stations , such alien must notify the police official of the police station for that area within twenty – four hours from the time of arrival.

4. If the alien travels to any province and will stay there longer than twenty – four hours , such alien must notify the police official of the police station for that area within forty – eight hours from the time of arrival.

5. If the alien stays in the Kingdom longer than ninety days, such alien must notify the competent official at the Immigration Division , in writing , concerning his place of stay , as soon as possible upon expiration of ninety days. The alien is required to do so every ninety days. Where there is an Immigration Office , the alien may notify a competent Immigration Official of that office.

The provision of ( 3 ) and ( 4 ) shall not apply to any cases under Section 34 by any conditions as prescribed by the Director General.

In making notification under this Section , the alien may make notification in person or send a letter of notification to the competent official , in accordance with the regulations prescribed by the Director General .

 

Section 38 : The house – master , the owner or the possessor of the residence , or the hotel manager where the alien , receiving permission to stay temporary in the Kingdom has stayed , must notify the competent official of the Immigration Office located in the same area with that hours , dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office located in that area , the local police official for that area must be notified.

In case the house , dwelling place , or hotel where the alien has stayed under provision of Para.1 is located within the Bangkok area , such notification must be reported to the competent official at the Immigration Division.

Making notification , in reference to the Para 1 and 2 of this Section , must comply with regulations prescribed by the Director General.

 

 

Section 76 : Any alien, alien, who fails to comply with the provisions of Section 37(2),(3),(4)or(5) shall be punished with a fine not exceeding 5,000 Baht and with and additional fine not exceeding 200 Baht for each day which passes until the law is complied with.

Section 77 : Whoever fails to comply with the provision of Section 38, shall be punished with a fine not exceeding 2,000 Baht. If said person is a hotel manager, he shall be punished with a fine from 2,000 Baht to 10,000 Baht.

 

 

 

Edited November 10, 2017 by elviajero

[ubonjoe]

Posting section 37 just adds confusion to the matter, The are completely different and have different forms for the reporting.

The OP asked about TM30 reporting that is to comply with section 38.

[PhuketSarah]

22 minutes ago, ubonjoe said:

Posting section 37 just adds confusion to the matter, The are completely different and have different forms for the reporting.

The OP asked about TM30 reporting that is to comply with section 38.

Sect 37 is about TR visa, correct?  I have a O retirement. And then Sect 38 gives no  distinct parameter for when the report has to be made-  outside the province- or the country? Arghhhh 

[PhuketSarah]

40 minutes ago, elviajero said:

Yes, they could charge up to 2,000 baht under the law. TM.30 reporting is supposed to track the whereabouts of each foreigner. When you arrive at a hotel/residence someone is supposed to report you've arrived, but they don't report that you have left. It's the responsibility of someone at the next address to report you've arrived (moved on), and so on.

 

They can insist that someone at the property a foreigner lives at makes a report every time they return from staying at another address in the country. Most offices don't enforce the law in full.

 

Here is the law concerning address reporting:

Immigration Act

Section 37 : An alien having received a temporary entry permit into the Kingdom must comply with the following :

1. Shall not engage in the occupation or temporary or employment unless authorized by the Director General. or competent official deputized by the Director General . If , in any case , there is a law concerning alien employment provided hereafter , the granting of work privileges must comply with the law concerned.

2. Shall stay at the place as indicated to the competent official. Where there is proper reason that he cannot stay at the place as indicated to the competent official, he shall notify the competent official of the change in residence , within 24 hours from the time of removing to said place.

3. Shall notify the police official of the local police station where such alien resides, within twenty – four hours from the time of arrival. In the case of change in residence in which new residence is not located the same area with the former police stations , such alien must notify the police official of the police station for that area within twenty – four hours from the time of arrival.

4. If the alien travels to any province and will stay there longer than twenty – four hours , such alien must notify the police official of the police station for that area within forty – eight hours from the time of arrival.

5. If the alien stays in the Kingdom longer than ninety days, such alien must notify the competent official at the Immigration Division , in writing , concerning his place of stay , as soon as possible upon expiration of ninety days. The alien is required to do so every ninety days. Where there is an Immigration Office , the alien may notify a competent Immigration Official of that office.

The provision of ( 3 ) and ( 4 ) shall not apply to any cases under Section 34 by any conditions as prescribed by the Director General.

In making notification under this Section , the alien may make notification in person or send a letter of notification to the competent official , in accordance with the regulations prescribed by the Director General .

 

Section 38 : The house – master , the owner or the possessor of the residence , or the hotel manager where the alien , receiving permission to stay temporary in the Kingdom has stayed , must notify the competent official of the Immigration Office located in the same area with that hours , dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office located in that area , the local police official for that area must be notified.

In case the house , dwelling place , or hotel where the alien has stayed under provision of Para.1 is located within the Bangkok area , such notification must be reported to the competent official at the Immigration Division.

Making notification , in reference to the Para 1 and 2 of this Section , must comply with regulations prescribed by the Director General.

 

 

Section 76 : Any alien, alien, who fails to comply with the provisions of Section 37(2),(3),(4)or(5) shall be punished with a fine not exceeding 5,000 Baht and with and additional fine not exceeding 200 Baht for each day which passes until the law is complied with.

Section 77 : Whoever fails to comply with the provision of Section 38, shall be punished with a fine not exceeding 2,000 Baht. If said person is a hotel manager, he shall be punished with a fine from 2,000 Baht to 10,000 Baht.

 

 

 

Thanks for this but am wondering if the missing sect 34  is  pertinent Do you have a link, please? 

[PhuketSarah]

Phone number at this page, " For more details.."  gets you to a woman screaming loudly " No hab no hab" 

 

After the officer in charge has verified the information on the notification sheet (TM. 30), he accepts the notification and hands over the lower part of the form to the person making the notification. This part must be kept for further checking.

For details contact 0-2141-7881

 

https://www.immigration.go.th/content/การแจ้งที่พักคนต่างด้าว

[ubonjoe]

7 minutes ago, PhuketSarah said:

Sect 37 is about TR visa, correct?  I have a O retirement. And then Sect 38 gives no  distinct parameter for when the report has to be made-  outside the province- or the country? Arghhhh 

Section 37 applies to all types of entries under chapter 4. The reference to section 34 means the means that for some types of temporary stays can be waived by the director general.

 

Quote

Chapter 4
Temporary Stay in the Kingdom
Section 34 : aliens entering into the kingdom for a temporary stay may enter for the below listed activities

Download: Immigration Act B.E. 2522 English translation

[elviajero]

9 minutes ago, PhuketSarah said:

Thanks for this but am wondering if the missing sect 34  is  pertinent Do you have a link, please? 

This is a good resource for Acts etc. http://www.thailaws.com. You'll find it under Immigration Act, B.E. 2522 (1979)

 

Section 34 just lists the types of activities they will give temporary permission stay for.

 Section 34 : aliens entering into the kingdom for a temporary stay may enter for the below listed activities ;

1. Diplomatic or Consular Missions. 2. Performance of official duties.
3. Touring
4. Sporting

5. Business
6. Investing under the concurrence of the Ministries and Departments concerned.
7. Investing or other activities relating to investing subject to the provisions of the law on

investment promotion.
8. Transit journey.

9. Being the person in charge of the crew of a conveyance coming to port, station , or area in the Kingdom.

10. Study or observation.
11. Mass media.
12. Missionary work under the concurrence of the Ministries and departments concerned. 13. Scientific research or training or teach in a Research Institute in the Kingdom.
14. The practice of skilled handicraft or as a specialist
15. Other activities as prescribed in the Ministerial Regulations.

[elviajero]

17 minutes ago, PhuketSarah said:

Thanks for this but am wondering if the missing sect 34  is  pertinent Do you have a link, please? 

It is published on the Immigration website, but only in Thai.

https://www.immigration.go.th/read?content_id=58b4f72454b2f90a80136447

[PhuketSarah]

^ OK thanks. The height of incompetence and ineptness  to not have these laws in several languages- and to not enforce them evenly.

[PhuketSarah]

Shall stay at the place as indicated to the competent official. 

 

Should read as relevant.. 

[ubonjoe]

10 minutes ago, PhuketSarah said:

^ OK thanks. The height of incompetence and ineptness  to not have these laws in several languages- and to not enforce them evenly.

The one I posted a link to was sourced from the immigration website years ago.

Edit: It and other can be found in this topic.

 

[elviajero]

27 minutes ago, PhuketSarah said:

... And then Sect 38 gives no  distinct parameter for when the report has to be made-  outside the province- or the country? Arghhhh 

Think of it like this. If you only lived in hotels, every time you booked in to a hotel, the hotel must report that you're staying with them. The same law applies to private residences. A report has to be made every time you stay at a property.

[elviajero]

11 minutes ago, PhuketSarah said:

^ OK thanks. The height of incompetence and ineptness  to not have these laws in several languages- and to not enforce them evenly.

It used to be on the website in English too. I expect it will be again as they haven't long revamped the website and are still adding to it.

[PhuketSarah]

7 minutes ago, elviajero said:

Think of it like this. If you only lived in hotels, every time you booked in to a hotel, the hotel must report that you're staying with them. The same law applies to private residences. A report has to be made every time you stay at a property.

My question is about travel inside the country... 

[PhuketSarah]

6 minutes ago, elviajero said:

It used to be on the website in English too. I expect it will be again as they haven't long revamped the website and are still adding to it.

This is avail in  English https://www.immigration.go.th/content/การแจ้งที่พักคนต่างด้าว  But does not have the info I seek 

[ubonjoe]

6 minutes ago, PhuketSarah said:

My question is about travel inside the country... 

IMO the reporting by hotels does  not affect the reporting of you permanent residence. The TM30 reporting and your permanent records are not even kept in the same database. In order for the a officer to know you had stayed in hotels would be to access the TM30 reporting database and most offices don't bother with doing that because it does not concern them.

I have stayed in many hotels that I am sure reported my stay and immigration has never mentioned it when I have applied for 10 extensions and done numerous 90 day reports.

[elviajero]

Just now, PhuketSarah said:

My question is about travel inside the country... 

My answer was about travelling inside the country.

 

1 minute ago, PhuketSarah said:

This is avail in  English https://www.immigration.go.th/content/การแจ้งที่พักคนต่างด้าว  But does not have the info I seek 

The only answer you need, that's relevant, is from the office you report to. You won't find the answer you want anywhere else.

 

The law says that someone must report that you're staying at their address within 24 hours of your arrival. So if you travel inside the country someone, at every address, should report you're staying with them. That would include returning back to the address you're registered at with your local office. TM.30 reporting is held on a national database so when immigration look at the recored they will see that you are staying at the last address that someone reported you at. If no-one reports you as staying at (returning to) your 'home' address you will be seen as still staying at the last address reported.

 

Luckily most offices don't enforce the law or are flexible. The law is out of date and not fit for purpose.

[Mahseer]

These are the rules Chiang Mai adhere to:

 

TM30 to be updated after overseas travel only.

Once registered you have 7 days on return to update.

 

Fine for failure to comply is 1,600baht.

[BritTim]

1 hour ago, elviajero said:

The law is out of date and not fit for purpose.

About 100 years out of date in my opinion. Worse than that, it is difficult to know what interpretation of the law and its enforcement will be used by the immigration office you next need to have contact with.  Indeed, there have been cases where you can only know your responsibilities if you know which immigration official you will next deal with, as interpretations can vary even inside the same office. Thais are somewhat used to dealing with things like this, but most Westerners find such ambiguities absolutely intolerable.

[chingmai331]

Hey guys, and gals.  The system in place here in T'land suits the folks in charge, keeps many underling Thais employed, reminds the farang just who is in charge and brings in some farang cash.  If your old car still runs and you have no more cash on hand, would you buy a new car on credit?  Why change any system if no need or obvious and immediate benefit?  

It's the conservative and traditional way.  It ain't broken.  The Immig system does not work to benefit the farang.  IMHO.

 

[jobwolf]

Every time you travel and get registered in another province or leave the country you have to register back within 24 hours. The fine is 1600 Bath, it has been paid by 2 of my friends. If you arrive on a weekend go to immigration early Monday morning or let your condo register you back if you reside in one.

[dotpoom]

I have lived here 17 years. Go holidaying every six weeks or so staying at different addresses. I have never notified anybody and couldn' t care less if the owner of a hotel/guest house does either. As they say "up to them".

    Ignorance is bliss in some cases. If we were to go through life worrying about all the small stuff we may as well stay at home.

   PS. I don't think Immigration offices would be too pleased either if their offices got clogged up every day with people reporting after spending one night (or more) away from their condo. 

[KhaoNiaw]

8 minutes ago, jobwolf said:

Every time you travel and get registered in another province or leave the country you have to register back within 24 hours. The fine is 1600 Bath, it has been paid by 2 of my friends. If you arrive on a weekend go to immigration early Monday morning or let your condo register you back if you reside in one.

It depends entirely on which office and officer you're dealing. In Bangkok it's completely unnecessary.

 

When people are reporting their experiences they should tell us the office they're dealing with, otherwise the information is useless.

[CMBob]

16 hours ago, Mahseer said:

These are the rules Chiang Mai adhere to:

 

TM30 to be updated after overseas travel only.

Once registered you have 7 days on return to update.

 

Fine for failure to comply is 1,600baht.

I did tell a CM immigration officer I was confused because some of the CM officers were saying you only "update" when re-entering the country while other CM officers were saying you must "update" even if returning to the same address when you're gone within Thailand for more than 24 hours.  She acknowledged that different officers were giving different answers and, when I asked "well, what should I do?", her exact answer was "up to you!"  I only update when re-entering the country and, so far, no problem.

[phuketrichard]

the person reporting paying 1,000 baht on FB did it at the PATONG immigration office where they charge and are sticklers for everything,

she did NOT get a receipt.

 

Phuket town immigration does not enforce this.

what other immigration offices require reporting before 24 hours after staying in a hotel??

 

Have traveled multiple times out  of the country an all over Thailand since my notification was issued and attached to my  passport in 2015.  Have had 2 1 year extensions and a few 90 day reports, never did report after returning home after  being away.

Was told at phuket immigration as long as you dont change homes no need to report and so far all has been good.

[bazza73]

I find it hard to imagine immigration offices are so well staffed they can go around to every hotel and private home to check whether a falang is staying there. It's like the tree falling in the forest, if no-one is there to see it, who can know it happened?

I found out recently my condo in CM had not reported me on a TM 30 for about 7 years, despite frequent travel outside Thailand. Didn't seem to be a problem when I got my retirement extension two weeks ago.