Required documents

(Please ensure all required documents are submitted and filed in the following order

1. Form WP.1


2. 3 Photographs size 3*4 cm (taken within the last 6 months)


3. Certificate from the authorities or bank (for certificate)


4. Employment certification (using prescribed form)


5. List of aliens having received Work Permits


6. Organization chart detailing names, positions and number of Thai and alien worker


7. Original and copy of the passport or Alien Registration Certificate and Alient Resident Certificate


8. Copy of certificate of Incorporation and copy of the list of shareholders (Form BorOrJor.5) (issued within the last 6 months)


9. Copy of VAT Registration Application Form (PorPor.01), Special Business License, Foreign Business License or PorPor.09 (for change of business type)


10. For legal entities having paid-up capital below THB 30 million, a financial statement showing a total asset value of at least THB 30 million


11. Copy of transcript and/or employment reference letter issued by the previous employer


12. Relevant documents, e.g. Forms PhorNgorDor.50, export documents, social security fund contribution documents, ATTA certification documents, etc.


13. Map of the place of business


14. Medical certificate confirming that the applicant has no prohibited diseases as prescribed by Ministerial Regulations (issued within the last 6 months)

* Foreign freelance journalists are required to submit only the following documents: (1), (2), (3), (4), (7), and (14)

Remark

1. Alien working as a foreign journalist must submit the certification issued by the Ministry of Foreign Affairs and a copy of their press card issued by the Government Public Relations Department.


2. Officers from the bank, international banking facilities and representative offices of foreign banks must submit the applicable licenses and certification issued by the Bank of Thailand.


3. If the authorized director is an alien working in Thailand, a copy of his/her work permit must be also submitted. If he/she is an alien who not working in Thailand, a Power of Attorney authenticated by a notary public or by a relevant foreign authority, appointing an individual as the authorized signatory, must be produced.


4. If the place of business operations has a branch, factory or hotel, the applicant must submit evidence showing the location of such place, i.e. Factory License or Hotel License.


5. Each of the authorized director's signatures on the application form and supporting documents must be accompanied by the Company Seal (if any).


6. In order to submit the application at the One Stop Service Center for Visas and Work Permits, the work permit applicant's place of business must have a location in Bangkok and the designated branch offices specified in the Certificate of Incorporation, or the applicant must work for a representative office, regional office or regional operating head quarter outside Bangkok.


7. The applicant must represent before the officer and sign their name on the Work Permit on the application submission date.


8. A Power of Attorney issued by the employer and the alien must be affixed with THB 10 duty stamp and accompanied by a copy of the employer's national ID card or Work Permit and the authorized person's national ID card.

Source:

• Department of Employment : https://www.doe.go.th/prd/
• Office of Foreign Workers Administration : https://www.doe.go.th/alien

1. Request Form 11.1 for extending the position duration would take 5 working days.
2. Request Form 11.2 for extending the duration of stay for a foreigner and accompanies (if any) would take 3 working days.

* A frequently occurred problem is that applicants receive BOI approvals but they do not extend their visas and work permits within the expiry dates. In this case, foreigners have to do newly apply to BOI and leave Thailand to apply for new Non-B Visas. When returning to Thailand, please apply for the extension of stay, re-entry permit, and work permit respectively.

Recommendation: A company is strongly encouraged to apply for position renewal before the expiration.

Required documents

(Please ensure all required documents are submitted and filed in the following order)

1. Form WP.1


2. 3 Photographs size 3*4 cm (taken within the last 6 months)


3. Certificate from the authorities or bank (for certificate)


4. Employment certification (using prescribed form)


5. List of aliens having received Work Permits


6. Organization chart detailing names, positions and number of Thai and alien workers


7. Original and copy of the passport or Alien Registration Certificate and Alient Resident Certificate


8. Copy of certificate of Incorporation and copy of the list of shareholders (Form BorOrJor.5) (issued within the last 6 months)


9. Copy of VAT Registration Application Form (PorPor.01), Special Business License, Foreign Business License or PorPor.09 (for change of business type)


10. For legal entities having paid-up capital below THB 30 million, a financial statement showing a total asset value of at least THB 30 million


11. Copy of transcript and/or employment reference letter issued by the previous employer


12. Relevant documents, e.g. Forms PhorNgorDor.50, export documents, social security fund contribution documents, ATTA certification documents, etc.


13. Map of the place of business


14. Medical certificate confirming that the applicant has no prohibited diseases as prescribed by Ministerial Regulations (issued within the last 6 months)

* Foreign freelance journalists are required to submit only the following documents: (1), (2), (3), (4), (7), and (14)

Remark

• Alien working as a foreign journalist must submit the certification issued by the Ministry of Foreign Affairs and a copy of their press card issued by the Government Public Relations Department.


• Officers from the bank, international banking facilities and representative offices of foreign banks must submit the applicable licenses and certification issued by the Bank of Thailand.


• If the authorized director is an alien working in Thailand, a copy of his/her work permit must be also submitted. If he/she is an alien who not working in Thailand, a Power of Attorney authenticated by a notary public or by a relevant foreign authority, appointing an individual as the authorized signatory, must be produced.


• If the place of business operations has a branch, factory or hotel, the applicant must submit evidence showing the location of such place, i.e. Factory License or Hotel License.


• Each of the authorized director's signatures on the application form and supporting documents must be accompanied by the Company Seal (if any).


• In order to submit the application at the One Stop Service Center for Visas and Work Permits, the work permit applicant's place of business must have a location in Bangkok and the designated branch offices specified in the Certificate of Incorporation, or the applicant must work for a representative office, regional office or regional operating head quarter outside Bangkok.


• The applicant must represent before the officer and sign their name on the Work Permit on the application submission date.


• A Power of Attorney issued by the employer and the alien must be affixed with THB 10 duty stamp and accompanied by a copy of the employer's national ID card or Work Permit and the authorized person's national ID card.

1. When the aliens have the right to work for the company after entering into Thailand with Non-B Visa?
2. When is the first working day to count for calculating the salary for the aliens?

Question 1

According to "Alien Working Act, B.E. 2551 (2008), Section 12" a Translation

"In permitting aliens to work in the Kingdom in accordance with the law Governing Investment Promotion or the other laws, the person giving permissions in accordance with such laws shall convey letters of notification on such permissions to the Registrar together with relevant details immediately. Upon receiving the notification in accordance with paragraph one above, the Registrar shall issue the Permits to such aliens within seven days from the date of receiving the notifications.

During the waiting period for the Permits under paragraph two above, such aliens shall be able to work for that time being with the exception that they are not required to comply with section24 until the date on which the Registrar has notified them to pick up the Permits"

From the information above, the aliens have the right to work since they send the notification to the Registrar to ask for a Work Permit. It means during the period of waiting for Work Permit, the aliens also have the right to work.

For more information, please kindly access to https://www.doe.go.th/prd/assets/upload/files/bkk_th/03b0c6ccf0d3aa3865128f220c6778a5.pdf which is available in Thai only.

Department of Employment : https://www.doe.go.th/prd/

Office of Foreign Workers Administration : https://www.doe.go.th/alien

Question 2

The answer is given by the officer at the Revenue Department, there is no any regulation about the date of paying the salary. The salary should be paid since the alien gets the official Work Permit. For more information, please kindly access to :http://www.rd.go.th/publish/

Information from officer of the Office of Foreign Workers Administration, Department of Employment and the Immigration Bureau, say that Department of Employment doesn't have condition about the monthly salary and the people who paid. Immigration Bureau's condition for extension the foreigner's visa. The condition is the foreigner is required to earn minimum 50,000 baht as his/her monthly salary.

The revenue officer informs that the person who continually receives money from overseas as a salary for 180 days (minimum 50,000 Baht as a monthly salary) has to pay personal income tax. For more details, please access http://www.rd.go.th/publish/6045.0.html