Good News For Consultants/advisors

[raro]

and from what I remember back in Bangkok I also needed 4 Thai employees.

Not since May 2002.

right...that was before that...since then in Rayong and always 4 employees as a must. We are registered as a consultancy. Then again, the employees at both Immigration and Labout in Rayong do not seem to be always on the latest updates...

[Sunbelt Asia]

.since then in Rayong and always 4 employees as a must. We are registered as a consultancy. Then again, the employees at both Immigration and Labout in Rayong do not seem to be always on the latest updates...

I have heard Rayong's Immigration and Labor office is better than Pattaya. Neither though are close to being as good as Bangkok following the updates.

www.lawyer.th.com

[Bredbury Blue]

I really welcome this information. I have been labouring on for years with 4 employees when in reality I need none to provide my consultant services to my clients (as I work for them, alone, in their offices). I’ll be taking my lawyers to task as to why they never let me know about neither the May 2002 development nor this one. Cheers Sunbelt.

[Sunbelt Asia]

I really welcome this information. I have been labouring on for years with 4 employees when in reality I need none to provide my consultant services to my clients (as I work for them, alone, in their offices). I’ll be taking my lawyers to task as to why they never let me know about neither the May 2002 development nor this one. Cheers Sunbelt.

You are welcome. I’m sure that your law firm will be adamant that they are correct. I have found this to be often the case but the facts are having zero Thai employees for the work permit and 1 Thai employee for the extension of stay based on business is allowed if you are an Consultant. If you submit 4 Thai employees, the government offices will never say” fire them, you don’t need them. Submit the minimum employees as per Thai law and then see if it’s approved. In Bangkok it will as it’s the law.

www.lawyer.th.com

[Bredbury Blue]

I really welcome this information. I have been labouring on for years with 4 employees when in reality I need none to provide my consultant services to my clients (as I work for them, alone, in their offices). I’ll be taking my lawyers to task as to why they never let me know about neither the May 2002 development nor this one. Cheers Sunbelt.

You are welcome. I’m sure that your law firm will be adamant that they are correct. I have found this to be often the case but the facts are having zero Thai employees for the work permit and 1 Thai employee for the extension of stay based on business is allowed if you are an Consultant. If you submit 4 Thai employees, the government offices will never say” fire them, you don’t need them. Submit the minimum employees as per Thai law and then see if it’s approved. In Bangkok it will as it’s the law.

www.lawyer.th.com

Your ###### right that the law firm i use will be adamnant that they are correct...a lawyer, a thai, and a women as well, how could she possibly be wrong!

Edited February 6, 2006 by Bredbury Blue

[lingyai]

For consultants/advisors or agents of a brokerage business, if you want to apply for an extension of stay based on business, you now only need to employ one Thai employee per work permit. As per "Consultant", it must be your objective and you can be as an example be the consultant for business, research or marketing.

This is per the following guideline...

The appropriate ratio between full time Thai employees and foreign employees is 4 Thais per 1 foreigner for extension of stay based on business. However these following ten businesses are permitted to have the different ratio of Thai and foreign employees. The first to the ninth businesses are allowed to have 1 foreign employee per 1 fulltime Thai employee, and the tenth business shall not have less than 20 Thai employees who are paid on a daily basis.

These 10 businesses consist of:

1. International Trading (Representative Office)

2. Regional Office

3. Transnational Company (Branch Office)

4. Brokerage – Agent Business

5. Advisory/ Consultant Business

6. Affiliate / Subsidiary

7. Joint Venture Business

8. Juristic Person that is operating its business by using the specific proficiency or masterfulness.

9. The Regional Operation Office

10. The Juristic person that has 20 Thai daily wage paid (part time)employees

www.lawyer.th.com

This is one of the most enlightening threads I have ever read but I still am not 100% clear on everything. You state that you only need one employee for certain businesses, including a Joint Venture Business. What exactly do you mean by this? If I am a partner in a business that is 51% Thai owned, and 49% foreign owned does the business have to employ a person other than the partners in the business in order to get one work permit?

[Sunbelt Asia]

This is one of the most enlightening threads I have ever read but I still am not 100% clear on everything. You state that you only need one employee for certain businesses, including a Joint Venture Business. What exactly do you mean by this?

If I am a partner in a business that is 51% Thai owned, and 49% foreign owned does the business have to employ a person other than the partners in the business in order to get one work permit

For the work permit, no Thai employees are required.

For the extension of stay based on business,many limited companies with foreigners are structured with natural persons and with the foreigner being a minority shareholder. This would not be a "joint venture" in this example.

If you and your partner each control your own corporate company and have legitimate Intellectual Property, technical Assistance Agreements, management Agreements, and Shareholder Agreements, a strong case could be made for the extension to be approved.

Because in this case, this "Joint Venture" is a limited company owned principally by two or more corporate shareholders.

For a extension of stay based on business, the term "joint venture" can also refer to an unregistered partnership where one of the partners is a juristic person, thereby allowing the parties to maintain joint accounts and share profits. There are many combinations of entities that would comprise a joint venture, including: limited companies and limited partnerships and other variations. In this case, a variety of contracts must be shown that have been negotiated in establishing a Joint Venture including the following: Intellectual Property, technical Assistance Agreements, management Agreements, and Shareholder Agreements. The juristic person must still meet the guidelines of 1 million Baht registered paid up capital for the extension of stay based on business.

www.lawyer.th.com

[lingyai]

This is one of the most enlightening threads I have ever read but I still am not 100% clear on everything. You state that you only need one employee for certain businesses, including a Joint Venture Business. What exactly do you mean by this?

If I am a partner in a business that is 51% Thai owned, and 49% foreign owned does the business have to employ a person other than the partners in the business in order to get one work permit

For the work permit, no Thai employees are required.

The business would still have to have 1 million baht in registered capital in order for one foreign partner to get a work permit right?

[Sunbelt Asia]

The business would still have to have 1 million baht in registered capital in order for one foreign partner to get a work permit right?

One million Baht if married to a Thai for a work permit and two million Baht is the criteria if you are not married.

The same one million Baht registered capital can be used as the criteria for the extension of stay permit based on business.

www.lawyer.th.com

[Sunbelt Asia]

Up here in Chiang Mai your office says that immigration is not yet accepting this. And I had already heard the same thing from a friend working with another firm up here as well.

After pointing out this law, Chiang Mai is still not accepting this update. This is Chiang Mai’s discretion. The only solution is to apply for the extension of stay based on business in Bangkok. This extension of stay permit once approved is of course valid everywhere in Thailand.

www.lawyer.th.com

[seeker108]

Up here in Chiang Mai your office says that immigration is not yet accepting this. And I had already heard the same thing from a friend working with another firm up here as well.

After pointing out this law, Chiang Mai is still not accepting this update. This is Chiang Mai’s discretion. The only solution is to apply for the extension of stay based on business in Bangkok. This extension of stay permit once approved is of course valid everywhere in Thailand.

www.lawyer.th.com

so, for this do I need to register the business down there, with a Bangkok address? And what about the work permit? Does that need to be done down there as well? I do have a BKK address that I can use, but I am wondering if doing in BKK involves any other short or long term complications or expenses? I seem to recall from something you said earlier that there was at least one advantage that CM had over BKK, but can not recall just now what that was. Can you refresh my memory on that point.

Or maybe you are saying that I can do everything up here, but just fly down and go to the immigration office there when it is time to do the extension?

Thanks

seeker

[Sunbelt Asia]

so, for this do I need to register the business down there, with a Bangkok address?

no

And what about the work permit? Does that need to be done down there as well?

No. It should be applied in CM

I do have a BKK address that I can use, but I am wondering if doing in BKK involves any other short or long term complications or expenses? I seem to recall from something you said earlier that there was at least one advantage that CM had over BKK, but can not recall just now what that was. Can you refresh my memory on that point.

It was about Vat required to get a work permit but that advantage has changed. IN CM they require the company to be in the VAT system now so now no advantage except in CM the work permit takes a month to obtain and in Bangkok, its 10 days unless your company qualifies for the 1 stop center, then its 1 day.

Or maybe you are saying that I can do everything up here, but just fly down and go to the immigration office there when it is time to do the extension?

Spot on! :-)

www.lawyer.th.com

[seeker108]

It was about Vat required to get a work permit but that advantage has changed. IN CM they require the company to be in the VAT system now so now no advantage except in CM the work permit takes a month to obtain and in Bangkok, its 10 days unless your company qualifies for the 1 stop center, then its 1 day.

Interesting. How does a company qualify for the 1 stop center?

[Sunbelt Asia]

It was about Vat required to get a work permit but that advantage has changed. IN CM they require the company to be in the VAT system now so now no advantage except in CM the work permit takes a month to obtain and in Bangkok, its 10 days unless your company qualifies for the 1 stop center, then its 1 day.

Interesting. How does a company qualify for the 1 stop center?

VISA EXTENSIONS AND WORK PERMITS (REQUIREMENTS FOR GENERAL INVESTORS)

Applicant must hold a non-immigrant visa

At least 10 million baht must be brought into the Kingdom, and documentation provided:

Juristic person registration certificate

Juristic person registration document

List of shareholders

Additional documentation required:

Map of location of juristic person

Organization chart for juristic person

Letter from employer, certifying employment and reasons for not hiring Thai nationals

Applicant’s education records or letters of recommendation from prior employers, identifying job description and length of service

Medical certificate declaring applicant free of diseases

Three (3) full-faced photos taken within past 6 months

ONE-YEAR VISA EXTENSIONS AND WORK PERMITS

(REQUIREMENTS FOR EXECUTIVES AND EXPERTS)

Applicant must hold non-immigrant visa

Applicant must work for companies with fully paid-up capital or working capital of no less than 30 million baht. The following documents are required:

Company balance sheets

Company income statements

Por Ngor Dor 50 (Corporate Tax Returns)

Additional documents required:

Letter from employer, certifying employment and reasons for not hiring Thai nationals

Applicant’s education records or letters of recommendation from prior employers, identifying job description and length of service

Medical certificate declaring applicant free of diseases

Three (3) full-faced photos taken within past 6 months

Foreign Press The alien, who comes to work as the foreign press, shall submit a letter from the Ministry of Foreign Affairs and a copy of ID Press Card issued by Department of Public Relations.

Researchers- The aliens who are Researchers and Developers on Science and Technology.

BanksThe aliens who are the officials of Branch Office of Overseas Bank, Foreign Banking Office of Overseas Bank, Provincial Foreign Banking Office of Overseas Bank and the Representative Office of Foreign Bank which were certified by the Bank of Thailand.

Branch The aliens who work for the Branch of the overseas enterprises.

BOI If your company has been granted BOI

www.lawyer.th.com

[seeker108]

I seem to recall from something you said earlier that there was at least one advantage that CM had over BKK, but can not recall just now what that was. Can you refresh my memory on that point.

It was about Vat required to get a work permit but that advantage has changed. IN CM they require the company to be in the VAT system now so now no advantage except in CM the work permit takes a month to obtain and in Bangkok, its 10 days unless your company qualifies for the 1 stop center, then its 1 day.

www.lawyer.th.com

Hi Greg, I was just glancing at this thread again when I spotted this comment of yours about the VAT registration. As a small company with an expected income of less than 1 million baht per month (I believe that is the threshold figure or is it per year?) I was hoping to avoid VAT registration and the need to charge my clients VAT. However it sounds like I will need that VAT registration in order to get a work permit. Can you think of anyway to avoid the VAT registration for my company but still get a work permit so that I can get my 1 year extension based on business?

Seeker108

[raro]

The Threshold is 100,000 turnover per month, not 1 Mio.

[Sunbelt Asia]

If you do 1.8 million Baht in turnover ( use to be 1.2 million) or you apply for a work permit with the employer being a Limited company or Limited partnership, Vat is required to obtain the work permit unless the companies objective is Sales and import of newspapers, magazines, and textbooks; schools, Sales and import of unprocessed agricultural products and related goods such as fertilizers, animal feeds, pesticides, etc.;Renting of immovable properties.

www.lawyer.th.com

[seeker108]

Thanks gents.

I guess one option is to forget about a work permit for myself (through my own business anyway). My main purpose is to own a business and have others work for me and be able to get 1 year extensions based on business.

The upside of the WP however is getting into the social security system with free medical treatments at almost any hospital of your choice. Good if something serious happens.

Hard to do a consulting business though, if I can't do the consulting. I'll have to mull all of this over.