Hua Hin Map
A new website offering Google's map technology and accurately marked accommodation, shops, services, bars, restaurants, golf courses and property. Don't get lost and take a look at the Hua Hin Map
Hua Hin Info
More information on the Hua Hin area can be found on these websites:
Tourism Hua Hin: tourist and travel info and guides
Hua Hin Expat: the town's first and original expat website.
Hua Hin Business Directory: free listings for Hua Hin companies.
Hua Hin Classifieds: free online classifieds for Hua Hin.
July 2008: HHAD welcomes two new accommodation partners Ghouse and SeaJays along with Stefano's offering fine Italian cuisine. We have also been notified of a new Thai forum and information site for the area: ยินดีต้อนรับสู่ หัวหินฟอร์ยู เว็บไซต์ของเราเป็นเว็บไซต์แรกที่ให้ข้อมูลเป็นภาษาไทย และ เว็บบอร์ดสำหรับเมืองหัวหิน » www.huahin4u.com

Q's Regarding Setting Up a Business in Hua Hin

 
Post new topic   Reply to topic    HHAD Hua Hin Forum Index -> Legal, Visa, Finances & Employment
View previous topic :: View next topic  
Author Message
rd
Novice
Novice


Joined: 14 May 2008
Posts: 1

PostPosted: Wed May 14, 2008 2:07 pm    Post subject: Q's Regarding Setting Up a Business in Hua Hin Reply with quote

Dear All,

I am looking to set up a restaurant in HH and would like your viewpoint/experiences in similar endeavours. I have been to HH in 2006 for a week and to BKK several times in the last 8 years.

1. Can I own the land for the restaurant ? There is some confusion on ownership issues, some suggest setting up a company.
2. I need to bring in 4 qualified staff to do the actual cooking , is that legally permissible ? If not what are the remedies ?
3. If ownership not possible what is the ballpark rent in the main tourist area of HH for a 2000 - 2500 square feet of space.

I have substantial experience in running restaurants and am running 2 in New Delhi, India. I would love to recreate to experience in HH.

Thanks in Advance for all your help.

RD
Back to top
View user's profile Send private message
Super Joe
Guru
Guru


Joined: 22 Sep 2006
Posts: 587

PostPosted: Wed May 14, 2008 3:30 pm    Post subject: Reply with quote

Quote:
1. Can I own the land for the restaurant ? There is some confusion on ownership issues, some suggest setting up a company.

you cant as an alien, a thai can (dont trust anyone) or you can set up a limited company and your company can own the land. you have full control over the company but there's legal issues with your company having 'nominee' shareholders, see link below
also to comply with the foreign business act technically you should have an 'alien business licence', but nobody bothers with this
http://www.thailandlaw.com/bizrestrictions.html

Quote:
2. I need to bring in 4 qualified staff to do the actual cooking , is that legally permissible ?

yes it is ok, infact you need 4 employees to obtain a work permit for yourself on a 1 year business visa
business visa and work permit are easy to get

Quote:
3. If ownership not possible what is the ballpark rent in the main tourist area of HH for a 2000 - 2500 square feet of space.

freehold ownership anywhere near centre of town might cost 8M Baht up
most foreigners rent, wouldnt like to guess at rents, maybe someone else can help with this
if you lease, make sure you get 5 year minimum lease imo, anything over 3 years can/should be registered at land department to give you what they call 'real rights' under the property law. this way no-one can do anything to you for this period, if not registered at land office the lord can play up, despite what your contract may say

there's a million and one restaurants here and business is hard, good luck though, i think everyone will agree low season in hua hin is very low

check everything over with a good lawyer
.


Last edited by Super Joe on Wed May 14, 2008 3:33 pm; edited 3 times in total
Back to top
View user's profile Send private message
JW
Ace
Ace


Joined: 11 Sep 2005
Posts: 1399
Location: hua hin

PostPosted: Wed May 14, 2008 3:30 pm    Post subject: Reply with quote

Hi rd,

If you have a operating business then that company can take ownership of land. You can get work permits for chefs and managers. Rent is very dependant on location - up to 150K a month for the best location - down to around 30K for something of the main street.

What sort of restaurant would you look to create - as a real food lover any new restaurant iis great news. Look forward to hearing your plans.

Cheers
JW
Back to top
View user's profile Send private message
buksida
Moderator
Moderator


Joined: 31 Dec 2002
Posts: 4047
Location: south of sanity

PostPosted: Wed May 14, 2008 3:34 pm    Post subject: Reply with quote

I'll have a go at this but may not be 100% on it so maybe some others can confirm.

1) No, you cannot own the land unless you are Thai. You can only own 49% of a company also and need 6 Thai shareholders for the remaining 51%.

2) Yes, if you want a work permit through your company you need to employ (and pay insurance for) 4 Thais, they will check up on this.

3) Expensive! Rents in downtown Hua Hin are often in excess of 100k per month.
_________________
Named must your fear be before banish it you can.
Back to top
View user's profile Send private message MSN Messenger
Wanderlust
Moderator
Moderator


Joined: 04 Aug 2004
Posts: 1684
Location: Hua Hin

PostPosted: Wed May 14, 2008 8:31 pm    Post subject: Reply with quote

rd,
Correct me if i am wrong, but i think your hope was to bring in 4 non Thais to work for you? I don't think this is possible unless you are employing another 16 Thais as well, and your company would also have to be valued at a hefty sum (which i think affects the tax you would pay also). Also even with these things it might be hard getting work permits for the 4 you want, as I think there are plenty of chefs and other catering staff in Thailand and there is a list of jobs that it is nigh on impossible to get work permits for, and I think this is one of them. It would depend on how highly skilled they are I think.
Not wishing to put you off but look into this very carefully before proceeding, and good luck!
Back to top
View user's profile Send private message
JimmyGreaves
Guru
Guru


Joined: 17 Oct 2005
Posts: 589

PostPosted: Wed May 14, 2008 10:12 pm    Post subject: Reply with quote

buksida wrote:
I'll have a go at this but may not be 100% on it so maybe some others can confirm.

1) No, you cannot own the land unless you are Thai. You can only own 49% of a company also and need 6 Thai shareholders for the remaining 51%.


Small correction on this Buksi, you now only need 3 shareholders not 7
_________________
Diplomacy is the ability to tell a man to go to hell so that he looks forward to making the trip
Back to top
View user's profile Send private message
buksida
Moderator
Moderator


Joined: 31 Dec 2002
Posts: 4047
Location: south of sanity

PostPosted: Wed May 14, 2008 10:14 pm    Post subject: Reply with quote

Does that mean we can now boot four of ours out or will that involve mass expense and 12 reams of paper?
_________________
Named must your fear be before banish it you can.
Back to top
View user's profile Send private message MSN Messenger
JimmyGreaves
Guru
Guru


Joined: 17 Oct 2005
Posts: 589

PostPosted: Wed May 14, 2008 10:15 pm    Post subject: Reply with quote

Wanderlust wrote:
rd,
Correct me if i am wrong, but i think your hope was to bring in 4 non Thais to work for you? I don't think this is possible unless you are employing another 16 Thais as well, and your company would also have to be valued at a hefty sum (which i think affects the tax you would pay also). Also even with these things it might be hard getting work permits for the 4 you want, as I think there are plenty of chefs and other catering staff in Thailand and there is a list of jobs that it is nigh on impossible to get work permits for, and I think this is one of them. It would depend on how highly skilled they are I think.
Not wishing to put you off but look into this very carefully before proceeding, and good luck!


Plenty of foreign chefs in restaurants in BKK and large hotels. I know one with CSE geography Very Happy
_________________
Diplomacy is the ability to tell a man to go to hell so that he looks forward to making the trip
Back to top
View user's profile Send private message
JimmyGreaves
Guru
Guru


Joined: 17 Oct 2005
Posts: 589

PostPosted: Wed May 14, 2008 10:17 pm    Post subject: Reply with quote

buksida wrote:
Does that mean we can now boot four of ours out or will that involve mass expense and 12 reams of paper?


If you've got the sign off forms I would imagine you can just let them go after submitting the forms.
_________________
Diplomacy is the ability to tell a man to go to hell so that he looks forward to making the trip
Back to top
View user's profile Send private message
margaretcarnes
Professional
Professional


Joined: 02 Jan 2008
Posts: 409
Location: The Rhubarb Triangle

PostPosted: Sun May 18, 2008 8:51 am    Post subject: Q's regarding setting up a business in HuaHin Reply with quote

rd - Wanderlust is right there about non-Thai workers. The capital investment held by a registered company increases mega-fold for each additional work permit holder, and every non-Thai you have MUST hold a work permit.
I would guess the capital needed for the company ownership alone, with 5 non-Thais (including yourself) could be from 8 to 16 million baht. But get a good lawyer and check it out.
_________________
'If'n ya cain't say nuth'n nice, don't say nuth'n at all' Thumper.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    HHAD Hua Hin Forum Index -> Legal, Visa, Finances & Employment All times are GMT + 7 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


HHAD Bangsaphan Expat Hua Hin HHBD Hua Hin Blog Khao Takiab Hua Hin Sport Siam Hotels Hua Hin Golf Hua Hin Guest Houses
Hua Hin Report Classifieds Tourism Hua Hin Hua Hin Websites Web Design Hua Hin Accommodation Hua Hin Observer Hua Hin Taxi Hua Hin Media Hua Hin Property




Terms and Conditions | Common Topics | Search the Forums | Advertise | Contact HHAD

Marketed and developed by Digital Metrix & Hua Hin Media © 2002 - 2008 with technology by phpBB © 2008 phpBB Group
In memory of our friend David Geoffrey Boycott 1965 - 2007 RIP Dr Dave Soul Monsta.
© This website, all of its written content, and many of the images therein are copyright HHAD and Medianet Asia Co., Ltd.
In accordance with the 1998 The Digital Millennium Copyright Act any parties found duplicating content from this website will be subject to legal action.