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Burger
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Joined: 19 Apr 2004
Posts: 1113
Location: Hua Hin
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 Posted: Tue Jul 11, 2006 11:21 pm Post subject: |
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tuktukmike wrote:
| Quote: | Burger,
So in fact you agree that you must employ 4 thais. We both have 2 mill registered companies and must have work permits.
If we kept to 1 mill companies we could not have got work permits. |
Mike,
You are not reading my posts. I did not say you must have 4 employees, I said you ONLY need 4 employees if you want a long-stay visa. The reason for this is because your employer (sponsoring company) must qualify to sponsor such extended long stay entry permits with the Immigration Department.
You need a 2M Baht company as you do not have a Thai wife, if you did then you only need a 1M Baht company (I said this a few posts back).
Extract from 'Guide to Thai Business Law' 2006 publication:
Registered capital required is 2M Baht per foreign employee. Note however that if the employee is married to a Thai national then the above investment requirement is reduced by 50%.
| Quote: | | also you must register for VAT to enable work permit |
Incorrect, there is a list of business activities that are exempt from VAT.
From the Government's Revenue Department website:
Section 2. Exemptions: Certain activities are exempted from VAT. Those activities are: ( I won't list them all Mike, there's loads)
| Quote: | | So going back to my point, if you have many farangs employed by your company then you have to multiply by 2 mill for each farang employed. |
Incorrect, as I've already said if the foreigner is married to a Thai national then you only need to increase the company by 1M Baht for each additional employee. If not married to a Thai, then yes, 2M Baht.
| Quote: | Burger this is incorrect,
The Labor Department are not interested how many Thai nationals your company employs.
Oh Really, Give me your phone number and i will call you the next time we get a visit and you can explain to them on our behalf. |
No Mike, I said you do not need any employees if you are willing to stay on a multi-entry visa doing 3 months visa runs. You need the 4 employees to obtain the long-stay business visa, that is why they check your employees when they visit you.
Solicitors advice:
There is no regulation that states you must have 4 Thai nationals employed to obtain a work permit. The Work Permit department dropped its rule about Thai employee headcount back in 2002. Before this they actually stamped in your Work Permit the required quota of employees.
Notice the part about this regulation being dropped in 2002 ??
Mike, as I understand it you use the solicitor in the shopping mall, I did too for about 5 minutes. Everyone should do themselves a favour and seek proper advice.
Burger |
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JimmyGreaves
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Joined: 17 Oct 2005
Posts: 589
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| Posted: Wed Jul 12, 2006 1:47 am Post subject: |
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Burger
Would you mind to PM me details of a decent solicitor. I need a WP on a 2M company, no employees and will renew on a 3 monthly period or every time I re-enter. |
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Norseman
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Joined: 10 May 2005
Posts: 2156
Location: Hua Hin
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| Posted: Wed Jul 12, 2006 8:13 am Post subject: |
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| Burger wrote: |
Mike, as I understand it you use the solicitor in the shopping mall, I did too for about 5 minutes. Everyone should do themselves a favour and seek proper advice.
Burger |
I used them for a longer time, nearly a year before I came to the same conclusion as you Burger.
They nearly managed to ditch my company because of absent-mindedness of the tax laws.
Changed to another law office close to bus station no 2.
They are great and have helped me a lot.
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I intend to live forever -- so far, so good. |
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tuktukmike
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Joined: 18 Apr 2005
Posts: 525
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| Posted: Wed Jul 12, 2006 9:11 am Post subject: |
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Burger
No I do not use the Notary (Lawyer  ) in the shopping mall.
I have changed myself some time ago,
But let me say that of course i do not do the 3 month visa run and why would i want to, the whole idea was to do everything right. 
Lev,
I really must pull you up on this one.
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why would we allow your anti-property prose on the board?
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I have always been a home owner and maybe while you were still at school 
But my feelings are that it is not a good idea to invest in a home out here and not now, I do understand that you have to take a neutral line on this matter but i also know your views on this subject.
No investment anywhere in the world can be considered a cast iron gaurentee otherwise we would all be sitting in our yatchs in the carribean sipping champers all day.
There needs to be on any forum people with opposing views to others who work for real estate companies otherwise as a forum you might as well play your Flute and let everyone follow.
I dont know how many times i have to repeat this but as you know if you read my previous posts, we fully intended to buy a home here but pulled out due to uncertenties and security.
I have also posted a list of Embassy approved Lawyers that anyone can contact.
To be honest what people do with their money is of course their own affair and the best of luck to them.
But the best investment is an informed one.
Mike.
Last edited by tuktukmike on Wed Jul 12, 2006 9:34 am; edited 2 times in total |
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Burger
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Joined: 19 Apr 2004
Posts: 1113
Location: Hua Hin
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| Posted: Wed Jul 12, 2006 9:16 am Post subject: |
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| Quote: | Burger
No I do not use the Notary (Lawyer) in the shopping mall.
I have changed myself some time ago,
But let me say that of course i do not do the 3 month visa run and why would i want to, the whole idea was to do everything right. |
Must have been your twin brother then 
Re: The 3 month visa as opposed to the long-stay business visa, I take it the penny has dropped as to why they check your employee count.
Mike,
Can you explain why you listed the activities on List 3 of the Foreign Business Act, including item 10) regarding construction.
Was is to question how foreigners here can obtain work permits for this catagory of work ?
Cheers,
Burger |
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tuktukmike
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Joined: 18 Apr 2005
Posts: 525
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| Posted: Wed Jul 12, 2006 9:41 am Post subject: |
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Hi Mr Burger
You are up early today, were the bars closed last night.
Read the DFT website and it will give you a better understanding.
And the little part of 500mill.
As i said i do not use our friend the notary myself anymore and the other half is soon to change herself.
We decided to change the companys holding address to stop anymore probs with local officials.
I would love to go into it more but not on here.
Mike. |
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Burger
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Location: Hua Hin
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| Posted: Wed Jul 12, 2006 9:43 am Post subject: |
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| Quote: | Read the DFT website and it will give you a better understanding.
And the little part of 500mill. |
Mike, for clarity are you mentioning this to ask the question of how a foreigner can obtain a work permit in this field of work ?
Burger |
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tuktukmike
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Joined: 18 Apr 2005
Posts: 525
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| Posted: Wed Jul 12, 2006 9:51 am Post subject: |
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More the architecture thing if you looked my following post, Re Jamie.
But of course i think this applies to major construction of public utilities and the transport sector.
IE, Bangkoks skytrain and of course the new underground, I would doubt that this covers local house construction.
Mike. |
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Burger
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Joined: 19 Apr 2004
Posts: 1113
Location: Hua Hin
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| Posted: Wed Jul 12, 2006 9:53 am Post subject: |
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So you have no issue with foreigners working in property development, small construction and real estate agents obtaining work permits for items listed on the Foreign Business Act ?
Only yesterday you were quoting it to me like it was relevant to our discussion in some way ?
Burger |
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tuktukmike
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Joined: 18 Apr 2005
Posts: 525
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| Posted: Wed Jul 12, 2006 10:05 am Post subject: |
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It is not my issue just a point about the law.
I cant see that the local authorities would issue work permits to sales people.
If its a job a thai can do then i would consider it off limits.
Also having talked with a local who was doing this same job it was stated that most are working without work permits,
For me, i couldent care less as i have no intention to buy, but the whole issue about what you can and cant do is interesting and a little grey.
In 7 years out here i have never heard of a work permit being issued for real estate salesmen, the construction side, not sure but doubtfull.
Most of the real estate companies were recruting local girls who had a good command of English.
Of course you will be able to enlighten me in your position. 
Mike.
I should be at work. |
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Burger
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Joined: 19 Apr 2004
Posts: 1113
Location: Hua Hin
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| Posted: Wed Jul 12, 2006 10:09 am Post subject: |
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What is your point about the law ?
I'll ask again, by quoting List 3 of the FBA on restricted work areas, were you implying that foreigners should not be given work permits for these fields ?
It's a simple question Mike ?
Burger |
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tuktukmike
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Joined: 18 Apr 2005
Posts: 525
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| Posted: Wed Jul 12, 2006 10:14 am Post subject: |
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The point of list 3 is where a farang can be employe, it seems quite clear to me.
Maybe i draw picture.
Mike. |
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Burger
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Joined: 19 Apr 2004
Posts: 1113
Location: Hua Hin
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| Posted: Wed Jul 12, 2006 10:21 am Post subject: |
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At last an answer.
No, List 3 covers the areas where foreign controlled busniesses, not individuals, (ie: more than 50% of shares held by foreigners) can not operate without obtaining as special licence, as Thai are not yet ready to compete in these fields.
Burger |
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tuktukmike
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Joined: 18 Apr 2005
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| Posted: Wed Jul 12, 2006 10:51 am Post subject: |
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Burger
I will delete this post as you have done your last post.
Mike. |
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Lev
HHADministrator
Joined: 27 Dec 2002
Posts: 1873
Location: Hua Hin
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| Posted: Wed Jul 12, 2006 12:00 pm Post subject: |
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| tuktukmike wrote: |
Lev,
I really must pull you up on this one.
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Regardless of what you think about this forum you are wrong, accept it and move on. If you don't like how HHAD is run you know what to do.
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