The type of your business, manufacture of garments (3.1.4 BOI Guide p.29), falls under one of the business categories eligible for obtaining the BOI promotion certificate. Thus, your company can apply for the promotion certificate under one of the following conditions:

1. Your project of manufacturing underwear and dresses is new. New means your company has never manufactured these garments in Thailand before and that there has not been any machinery installation. A company having a new project suggests there will be a new investment in the country.
2. If your company has been manufacturing these garments but wants to expand your production line to manufacturing sportswear for instance (this is considered as an expansion of the current business with a new project), the company can apply for the promotion certificate. The expansion of the current business indicates a new investment and perhaps new machinery to be installed.

If you would like to know about BOI promotion, please kindly read BOI Guide 2018 links.:https://www.boi.go.th/upload/content/BOI-A%20Guide_EN.pdf

If your company decides to apply for the BOI promotion certificate, the foreign employee who will be working in Thailand can apply for an extension of his/her Non-B visa and a work permit through BOI in the Foreign Expert Services Division. I have attached the work permit form:-Application for WP,which is used to apply for a work permit through BOI. In order to apply for an extension of visa and a work permit for a foreign employee, the company needs to make requests for position approval and bringing in foreign experts. These requests can be submitted online through the e-Expert system but the company must submit the agreement to use the system at the Foreign Expert Services Division in Bangkok first.

For Non-BOI company

In case your company decides not to apply for the BOI promotion certificate, then the foreign employee will need to fill out the Form WP.1, please read a guide of:-WP.1form and can submit it directly at the Department of Employment in the province where your company located in, along with other required documents as follows:

1. Work Permit 1 (WP.1) form
2. Three (3x4 cm.) photos taken within the last 6 months
3. Employment certificate (last form in the pdf file)
4. List of aliens having received work permits
5. Organization chart detailing names, positions and numbers of Thai and alien workers
6. Original and copy of the passport and alien resident certificate
7. Copy of company’s affidavit (Certificate) and copy of list of shareholders (issued within the last 6 months)
8. Copy of VAT certificate (Por Por 01)
9. For legal entities having paid-up capital below 30 million baht, financial statements showing a total assets value of at least 30 million baht
10. Copy of transcript and/or employment reference letter issued by the previous employer
11. Map of office’s location
12. Medical certificate confirming that the applicant has no prohibited diseases as prescribed by Ministerial Regulations (issued within the last 6 months)

For the information about the:-Non-B visa application, please see the:-visa application attachment.

In order to export your products to the U.S. your company needs to register an exporter license at the Customs Department Building 120 Years, Ground Floor. Please see the attached:Map. and:Customs License Registration. which is available only in Thai and must be filled out in Thai as well. Mr. Chakri (02-667-5870), a Customs officer, suggested that your company fill out the form in pages 1,2,3,5 and 7 and submit the form with the following documents:

1. Company's affidavit (Certificate) issued by the Department of Business Development (the document indicates the name of the company's representative who has authority to sign)
2. Bor Or Jor 3(List of company establishment registration: 2 pages) - the Customs Department needs to see the seal of your company.
3. In case the company's director who has authority to sign does not submit the application her/himself, a power of attorney letter issued by your company is required. The company can write a letter with the company's letter header and affix a duty stamp of 10 baht.
4. A copy of VAT Registration 20 (Por Por 20) orVAT Registration 01(Por Por 01); if your company does not have any of these documents, the company needs to write a letter explaining why it does not have such documents. For instance, the company has just been recently established.
5. A copy of the ID card of the company's director who has authority to sign with his/her signature and the original copy.
6. A copy of the ID card of the attorney with signature and the original copy.

An officer in the Registration Section at the Customs Department, clarified the information about what the Customs Department does. The Customs issues a document that your company needs to attach with other documents when sending out your products including samples. In order for the Customs to do so, your company needs to register to become an exporter.