Update Of Restricted Occupation For Foreigners

[Sunbelt Asia]

This was just updated and released Oct 26th 2006 by the Royal Thai Government.

Annex attached to the Royal Decree

Prescribing works relating to occupation and professional in which an alien is prohibited to engage B.E.2522

1. Manual work

2. Work in agriculture, animal husbandry, forestry or fishery excluding specialized work in each particular branch or farm supervision

3. Bricklaying, carpentry or other construction works

4. Wood carving

5. Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting

6. Shop attendance

7. Auction

8. Supervising, auditing or giving service in accountancy excluding internal auditing on occasions

9. Cutting or polishing jewelry

10. Haircutting, hairdressing or beauty treatment

11. Cloth weaving by hand

12. Weaving of mate or making products from reeds, rattan, hemp, straw or bamboo pellicle

13. Making of Sa paper by hand

14. Lacquer ware making

15. Making of Thai musical instrument

16. Niello ware making

17. Making of products from gold, silver or gold-copper alloy

18. Bronze ware making

19. Making of Thai dolls

20. Making of mattress or quilt blanket

21. Alms bowls casting

22. Making of silk products by hand

23. Casting of Buddha images

24. Knife making

25. Making of paper of cloth umbrella

26. Shoemaking

27. Hat Making

28. Brokerage or agency excluding brokerage or agency in international trade business

29. Engineering work in civil engineering branch concerning designing and calculation, organization, research, planning, testing, construction supervision or advising excluding specialized work

30. Architectural work concerning designing, drawing of plan, estimating, construction directing or advising

31. Garments making

32. Pottery or ceramic ware making

33. Cigarette making by hand

34. Guide or conducting sightseeing tours

35. Street Vending

36. Type setting of Thai characters by hand

37. Drawing and twisting silk-thread by hand

38. Office or secretarial work

39. Legal or lawsuit services

This was the previous Annex

The following Schedule Annexed to the Royal Decree Stipulating Work in Occupations and Professions Prohibited to Aliens B.E. 2522 (A.D. 1979) closes 39 occupations to foreigners and reserves them for Thais:

1. Labor work.

2. Agriculture, animal husbandry, forestry or fishery, except work requiring specialized knowledge or farm supervision.

3. Bricklaying, carpentry, or other construction work.

4. Wood carving.

5. Driving motor vehicles or vehicles which do not use machinery or mechanical devices, except piloting aircraft internationally.

6. Front shop sale.

7. Auction sale work.

8. Supervising, auditing, or giving service in accountancy, except occasional internal auditing.

9. Cutting or polishing precious or semi-precious stones.

10. Haircutting, hairdressing, or beautification.

11. Cloth weaving by hand.

12. Mat weaving or making utensils from reed, rattan, jute, hay, or bamboo.

13. Making rice paper by hand.

14. Lacquer work.

15. Making Thai musical instruments.

16. Niello work.

17. Goldsmith, silversmith, or gold-and-copper alloy smith work.

18. Stone work.

19. Making Thai dolls.

20. Making mattresses or quilts.

21. Making alms bowls.

22. Making silk products by hand.

23. Making Buddha images.

24. Knife making.

25. Making paper or cloth umbrellas.

26. Making shoes.

27. Making hats.

28. Brokerage or agency except in international trading.

29. Professional civil engineering concerning design and calculation, systemization, analysis, planning, testing, construction supervision, or consulting services, excluding work requiring specialized techniques.

30. Professional architectural work concerning design, drawing-making, cost estimation, or consulting services.

31. Dressmaking.

32. Pottery.

33. Cigarette rolling by hand.

34. Tour guiding or conducting.

35. Hawking of goods.

36. Thai typesetting by hand.

37. Unwinding and twisting silk by hand.

38. Clerical or secretarial work.

39. Providing legal services or engaging in legal work, except in cases of legal arbitration.

Source: Sunbelt Asia Group 2006-10-27

[dsfbrit]

Is there anything major here?

The only differences seem to be they using similar words for the same thing.

1 Labor work and Manual work - whats the difference ???

6 Shop attendance - Front shop sale - whats the difference ?

18 means I can do stonework now but not bronze work?

I am off to get a new hammer and chisel then

[taxexile]

2. Work in agriculture, animal husbandry, forestry or fishery excluding specialized work in each particular branch or farm supervision .

quite a few posters on thai visa are involved in the above

3. Bricklaying, carpentry or other construction works

many falangs offer building services and do plumbing and carpentry and electrical work themselves on site

5. Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting.

boat crew on diving charters.

6. Shop attendance.

many falangs work/ own shops in tourist areas

8. Supervising, auditing or giving service in accountancy excluding internal auditing on occasions.

sunbelt asia and others

30. Architectural work concerning designing, drawing of plan, estimating, construction directing or advising.

falangs associated with construction and development act as foremen and on site engineers on samui and phuket

31. Garments making.

just about every tailor shop in tourist destinations are run and operated by aliens

39. Legal or lawsuit services

sunbelt asia and others

so how is it possible to circumvent the regulations regarding prohibited trades , or is everybody bending the law here. ?

[Cyberstar]

Since they felt the urge to change the wording of a few items --- one could suspect next step will be enforcement.

[ajarnmark]

8. Supervising, auditing or giving service in accountancy excluding internal auditing on occasions

8. Supervising, auditing, or giving service in accountancy, except occasional internal auditing.

Does that mean that a foreigner can never be an accountant or auditor in Thailand? So what about the people who are in this profession currently.

[ZZZ]

1. Manual work

Not very specific is it? You lift a finger and you could be done for breaking the labour law!!!

[Sunbelt Asia]

2. Work in agriculture, animal husbandry, forestry or fishery excluding specialized work in each particular branch or farm supervision .

quite a few posters on thai visa are involved in the above

3. Bricklaying, carpentry or other construction works

many falangs offer building services and do plumbing and carpentry and electrical work themselves on site

5. Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting.

boat crew on diving charters.

6. Shop attendance.

many falangs work/ own shops in tourist areas

8. Supervising, auditing or giving service in accountancy excluding internal auditing on occasions.

sunbelt asia and others

30. Architectural work concerning designing, drawing of plan, estimating, construction directing or advising.

falangs associated with construction and development act as foremen and on site engineers on samui and phuket

31. Garments making.

just about every tailor shop in tourist destinations are run and operated by aliens

39. Legal or lawsuit services

sunbelt asia and others

so how is it possible to circumvent the regulations regarding prohibited trades , or is everybody bending the law here. ?

It's how the work permit description is stated for the foreigner in the work permit. The key is who performs the actual service? A foreigner can be a MD, Director, General Mgr, Advisor, Consultant, etc. He or she as a foreigner can direct Thai staff and transfer knowledge to the Thai staff if its a restricted trade but he or she cannot or should perform the work themselves unless in a unique case its transferring knowledge by showing the Thai staff the "know how."

www.sunbeltasiagroup.com

[Pseacraft]

I am so glad I have so many hobbies!

[qualtrough]

Thanks for ruining my day! All the time and money I have spent setting up my Thai typesetting business down the drain! Anybody looking for a used Linotype machine (Thai version)?

[Pink Mist]

So I could be an electrician in LOS, if it wasn't construction oriented, or lift mechanic for that matter?

[Sunny Valentine]

1. Manual work

Not very specific is it? You lift a finger and you could be done for breaking the labour law!!!

At least it is somehow consistent with the Thai law's definition of work in general, which basically defines working as, well, working .....

Sunny

[NordicMan]

This was just updated and released Oct 26th 2006 by the Royal Thai Government.

Annex attached to the Royal Decree

Prescribing works relating to occupation and professional in which an alien is prohibited to engage B.E.2522

38. Office or secretarial work

Source: Sunbelt Asia Group 2006-10-27

I don't get it... is all office work banned??? That covers quite a lot of jobs...

-nm

[thaifiddler]

I'm curious: wouldn't you think one of the proscribed occupations would be "teacher of Thai language" and such?

[Akamai]

If you remember the Chang ad from the World Cup before last ..... shouldn't they track down all those dangerous criminals

Edited October 27, 2006 by Akamai

[Pikey]

Point 29 - no change but maybe it will influence farang property developers if enforcement becomes the norm?

Edited October 27, 2006 by Pikey

[Foggy Bottom]

The category 1 (Manual Work) is a catch all - as explained to me by an immigration officer once, the act of passing the salary envelope from a desk top to the relevant employee can be classed as manually distributing, and if they're after you, or don't like the look of you, they can push for it to become a deportable offence. They further reinforced that typing a letter on a PC (or an email) to an oversea customer (or even to your personal bankers back in your home country) classifies as secretarial services and is forbidden.

However, most of these are contradicted by the Foreign Business Act 1999 (and ammendments) - in particular, the clauses relating to legal, accounting, and architectural services

Refer to the online version of the Working of Aliens Act & Foreign Business Act at www.boi.go.th

Edit - sorry the Working of Aliens Act is now called the Foreign Business Act 1999 (Working of Aliens was the 1978 version )

Edited October 27, 2006 by Gaz Chiangmai

[lukamar]

"5. Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting"

It's a very easy process to get a Thai commercial Pilot license, if you have a commercial license already. A couple of forms, copies of your log book and license, letter of recommendation and 5000Bt. No tests, No check flight just 5000Bt. If you hold an ATPL license you don't even have to convert as it is recognized worldwide.

Seems the right hand does not know what the left hand is doing, at least in the aviation field.

[Lancashirelad]

5. Driving motor vehicles or vehicles which do not use machinery or mechanical devices, except piloting aircraft internationally.

makes sense.

5. Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting

can anyone explain that one?

I'd be off to Thailand like a shot if i could operate my own truck. Not only is driving motor vehicles a restricted occupation, but it appears an Heavy Goods Vehicle License (CDL to some of you) is not available to a foreigner

[ovenman]

The category 1 (Manual Work) is a catch all - as explained to me by an immigration officer once, the act of passing the salary envelope from a desk top to the relevant employee can be classed as manually distributing, and if they're after you, or don't like the look of you, they can push for it to become a deportable offence. They further reinforced that typing a letter on a PC (or an email) to an oversea customer (or even to your personal bankers back in your home country) classifies as secretarial services and is forbidden.

I've always maintained that is exactly how the Thai authorities like to keep things, i.e. for all intents and puproses make everything illegal and then enforce the laws (or not) as they see fit. Their fallback position is always, "No new policies here - Breathing has always been illegal!"

[coalminer]

Annex attached to the Royal Decree

Prescribing works relating to occupation and professional in which an alien is prohibited to engage B.E.2522

33. Cigarette making by hand (was: Cigarette rolling by hand.)

Anyone caught "Making (rolling) a cigarette by hand" will immediatly arrested on illegal working.

BE WARNED.

If you are a smoker, and feel the urge to "make (roll) a cigarette by hand" is advised to ask a Thai to carry out this "work" for you.

[Cyberstar]

The category 1 (Manual Work) is a catch all - as explained to me by an immigration officer once, the act of passing the salary envelope from a desk top to the relevant employee can be classed as manually distributing, and if they're after you, or don't like the look of you, they can push for it to become a deportable offence. They further reinforced that typing a letter on a PC (or an email) to an oversea customer (or even to your personal bankers back in your home country) classifies as secretarial services and is forbidden.

Since when has immigration officers become authorities on labour laws? .... Wonder why he didn't mention that putting a signature on something can be classified as manual labour and thus serve as grounds for deporting any managing director.

Edited October 27, 2006 by Cyberstar

[lukamar]

"No new policies here - Breathing has always been illegal!"

They could put "Sleeping" on the list as it would cover a number of unrelated professions, security guards, hotel desk clerks and airport baggage checkers comes to mind for me. I'm sure everyone has their own list.

[klymr]

35. Hawking of goods.

I am in the gemstone business in the States, recently married to a lovely Thai woman on my last trip there. I am moving to BKK next month to stay with her and run my business from there. I have access to and am looking to sell the rarest gemstone on earth to Thai dealers. This gem is only found in the state where I currently live. Am I to be deported for "hawking of goods"? Quite likely a crash course in gemology is coming for the wife!!

[atwr]

I happen to be a professional sleeper (or sleepist). Wouldn't it be easier just to say foreigners are allowed to teach English and be missionaries and leave it at that.

7. Auction

you are not allowed to be an auction.

[JimsKnight]

7. No Auction.

A bit ambigious! So using ebay for on-line selling of goods overseas (but while in Thailand) is illegal????

The list might as well say every god ###### thing is illegal for a falang to do workwise in Thailand!

I think only Indonesia has stricter laws than this.

[basjke]

5. Driving motor vehicles or vehicles which do not use machinery or mechanical devices, except piloting aircraft internationally.

Does this mean I have to sell my bicycle.

[lukamar]

5. Driving motor vehicles or vehicles which do not use machinery or mechanical devices, except piloting aircraft internationally.

Does this mean I have to sell my bicycle.

Yes...... but we can fly as long as we go to Lao, Cambodia, Myanmar or Malaysia on one leg of our flight.

[Prasert]

I get the point: please employ Thai, don't do it yourself. So I'll use this opportunity to place a job advertisement:

Looking for Thai employee. Requirements:

• English language skills required
  
• Ability to think logical
  

...oh wait. The first requirement is probably not too much of a problem, but the 2nd one might be: there is no Thai equivalent for 'logic'... Never mind. Let's continue.

• Excellent technical IT skills
  
• Cisco certification welcome*
  

* beyond CCNA

Ouch. The last two options will keep this vacancy open for the next 10 years

So, employing a Thai will automatically degrade service levels. My experience is Thai will never ever accept that a farang knows anything better than a Thai. They are not even willing to learn, since it would affect their status level.

[Hollywood]

Would cleaning up after a tsunami be considered manual labor? They could have arrested allot of people!

[danesei]

Labor constitutes getting paid for work, right? So it would only justify as manual labor if you got paid. (In reference to tsunami & cigarettes).

The only thing affecting me on the list is #28, but I already knew that.

To make matters worse, the Thai exchanges don't have American ADRs, so I actually need to be in Thailand to invest in the country... YET, I can't invest in the country because I'm not a Thai.