Farang Working In Construction Industry

[soundman]

I am a little confused & maybe some of the experts in the field of work-permits can help out on this one.

My Thai family are heavily involved in the construction industry. They have been pestering me to take a more active role in the business - which I would like to do. Therefore it would be advisable for me to have another work permit to do this. I have been under the impression that construction is a prohibited activity for farang.

Link to prohibited work

Category A:

1.Agriculture: rice farming; salt farming. Commercial Business: Internal trade in local agriculture products, Land trade. Service business: Accounting, farming animals, architecture, advertising, brokerage, auctioning, Barber, hair dressing & beautician. Building industry.

However it is possible for a farang to have a minority ownership in the construction business.

Link to FBA Schedules & Foreign Business Restrictions.

Construction is covered under schedule 3 of the FBA with no permission required with minority foreign ownership.

According to the Work Permit Rules an application could be made with consideration from Item 12. Foreigner being legally married to a Thai citizen.

Link to work permit rules.

Therefore my question is whether or not I can get a work permit to assist in managing a construction business that I have a minority ownership of.

Any thoughts or insight on this dilemma would be much appreciated.

Cheers,

Soundman.

Edited October 5, 2007 by soundman

[Chang_paarp]

The words "consutant", "advisor" and possibly "manager" or even "director" should figure prominantly in the job description. As to actually doing something other than overseeing you could run into trouble if someone wants to be a pain inthebut.

The other impedimant is that the work permit is specific to a certain location, unless written into the aplication. So the author of your apliction had better cover that too if you are to go on location. Another thing to keep in mind is that it is also specific to the issuing provence, so technically, to work in the neigbouring provences you are supposed to have a work pemit for each one.

Reality may be different especially as you are not in one of the "hot spots" or "hot industries".

As to owning a construction company, you can buy into it up to 49% as many of us do to other industries on that list. Less hassel if you are not on the origonal shareholder list when the company is registered, just like young children.

All thing are possible with good legal consultants who know the laws and are familiar with it's current impementation.

Good luck.

[soundman]

The words "consutant", "advisor" and possibly "manager" or even "director" should figure prominantly in the job description. As to actually doing something other than overseeing you could run into trouble if someone wants to be a pain inthebut.

The other impedimant is that the work permit is specific to a certain location, unless written into the aplication. So the author of your apliction had better cover that too if you are to go on location. Another thing to keep in mind is that it is also specific to the issuing provence, so technically, to work in the neigbouring provences you are supposed to have a work pemit for each one.

Reality may be different especially as you are not in one of the "hot spots" or "hot industries".

As to owning a construction company, you can buy into it up to 49% as many of us do to other industries on that list. Less hassel if you are not on the origonal shareholder list when the company is registered, just like young children.

All thing are possible with good legal consultants who know the laws and are familiar with it's current impementation.

Good luck.

Thanx for that.

What you have said is along the lines of what I have been thinking.

From reading a lot of horror stories about lawyers who are not aware of (the current state of) the law, I guess I am just digging for as much information as possible.

Hopefully the office staff can put the application together, as they did with my sound business, & we just go down to the jungwat offices & complete the process.

Cheers,

Soundman.

[samran]

have a read of the substantive text of the Australian Thai FTA....to see if there is anything there which may give an 'in' for Australian owned companies.

Otherwise, consultant always works. Lots of legal consultants about here in BKK. Good for the goose, good for the gander.

[JimsKnight]

Is there any truth in the rumour that if you are a 'consultant' to a work project etc you don't need a work permit???

Or is that just baloney????

[thaihome]

There are many expats working in Construction in Thailand. We have over 50 doing so. Usually your work permit is for a specific project, which when it is over you change to another. The work permit can say Construction Manager or such.

There can be a problem if you are caught working in different province then the work permit says but in some 5 years here I have only heard of that once.

If your family has never done a work permit/visa extension I strongly suggest they hire someone to do it. Spending a few hours at the one stop center shows it is really an art form.

TH

Edited October 6, 2007 by thaihome

[A_Traveller]

Is there any truth in the rumour that if you are a 'consultant' to a work project etc you don't need a work permit???

Or is that just baloney????

The later. Being a consultant is viewed as work for which a permit is required. Permits are also location specific, though I believe that the one can be validated for each province, if needed.

Regards

[mrtoad]

I think you need to be careful, as if I'm not mistaken there was the case of the "consultant" down in Phuket who got deported for working illegally. Although, the account suggested a stitch up, probably worth checking out in more detail.