PHUKET BUSINESS LAW - WORKING OF ALIENS ACT B.E. 2542.

Bhumibol Adulyadej Rex Given on 24th November B.E. 2542
Being the 54th Year of the Present Reign
_____________________________________________________

His Majesty King Bhumibol Adulyadej has commanded it be proclaimed that; Whereas it is appropriate to revise the law on alien occupation. This Act has certain provisions relating to the restriction of person right and freedom, which Section 29 together with Section 35 and Section 50 of the Constitution of the Kingdom of Thailand prescribed it may be done by virtue of the provisions of the law.

His Majesty the King is graciously pleased to have enacted any Act by the advice and consent of Parliament as follows:

Section 1
This Act is called “Alien Business Act, B.E. 2542”

Section 2
This Act shall come into force after 90 days commencing from the publication in Government Gazette

Section 3      
The following shall be repealed:
(1) National  Executive Council  Announcement  No.281  dated  24 November B.E.2515
(2) Royal Decree for the Amendment of National Executive Council Announcement No.281 24 November B.E. 2515, dated B.E. 2521.
(3) Royal Decree for the Amendment of National Executive Council Announcement No.281 24 November B.E. 2515, Issue No.2 dated B.E. 2535

Section 4      
In this act:
“Alien” means
(1) A natural person without Thai nationality
(2) A juristic person which is not registered in Thailand
(3) A juristic  person  who  is  registered  in  Thailand  and possesses the Following characteristics:
(a) A juristic  person  with shares as capital by half of such juristic person with respect to the person under (1) or (2) or a juristic person with person under (1)and (2) as capital investment by half of the total capital of the said juristic person.
(b) A limited partnership or  a  registered  ordinary partnership, which the Managing partner or manager who is and alien under (1)

(4) Juristic person, who has been registered in Thailand having sharesof that  juristic person from half upwards by persons under (1), (2) or (3) or juristic person with person under (1), (2) or (3) investing in the value from half of the capital of that juristic person.

For the benefit of this definition, it shall be considered that the shares of limited company with share certificate issued to alien holders, except that the Ministerial Regulation shall prescribe to the contrary.

“Capital” means registered capital of a company limited, or paid-up capital of public company limited, or the money which the partner or member has invested in said partnership or juristic person.           
“Minimum Capital” means  the  capital of alien in case such alien is a juristic person  who is registered in Thailand;  and in case such alien is the juristic  person  who is not registered in Thailand; or is a natural person shall means the   Foreign  Currency that such alien has brought in when commencing the business operation in Thailand.
“Business” means business operation in agriculture, industry,  handicraft, commerce, service or other trading operation.
“License” means a license to operate business.
“Licensee” means an lien having received a License to engage in business operation.
“Certificate” means a certificate for business operation.
“Recipient of Certificate” means an alien having received a Certificate for engaging in the business operation.
“Committee” means the Committee on the Business Operation of Alien.
“Competent Official” means the person appointed by the Minister for the execution of this Act.
“Registrar” means a person appointed by the Minister as Registrar of alien occupation.
“Director-General” means Director-General of Department of Commercial Registration.
“Minister” means the Minister in charge of this Act.

Section 5
The permission for an alien to engage in business under this Act shall be based on the merit and demerit to the safety and national security of the country, economic and social development of the country, peace and order or good moral of the people, arts, culture and tradition of the country, natural resource conservation of natural resource, energy and preservation of environment, consumers’ protection, size of business, employment, transfer of technology, research and development.

Section 6
Alien under the following provisions is prohibited from engaging in business in the Kingdom.
(1) An Alien who is deported, or under deportation pursuant to the laws related to deportation
(2) An Alien having resided in the Kingdom without permission pursuant to the laws related to immigration and other laws.

Section 7
An Alien under the following provisions shall be able to engage in business only after having received permission from the Director-General under recommendation of  the  Committee; and shall be able to engage in business only on the specific business and in the district which is stipulated by the Minister with the approval from the  Council  of Ministers and published in Government Gazette.  In such announcement, the Minister could specify other conditions as deemed appropriate.
(1) An Alien born in the Kingdom but  not  being  granted  Thai nationality under the laws related to nationality and other laws.
(2) An Alien being revoked nationality under the laws related no nationality and other laws.

Application for License, the  issuance  of License, and  the  period  of approval shall be based upon the rules and procedures which are stipulated under Ministerial Regulations.

In case the Director-General considers  not  to  approve  and  Alien under Paragraph one to engage in business, the said Alien could file petition to the Minister; and the provisions under Section 22 paragraph one and paragraph three shall be then applied.

Section 8
Under  the  enforcement  of  Section6,  Section 7, Section 10 and Section 12
(1) It is  prohibited  that alien carries out the business not permitted to alien to carry out by special reason as prescribed under Schedule 1.
(2) It is prohibited that  alien  carries  out  the  business  concerning with national safety or security, business effecting arts and culture, tradition and local handicraft, or business effecting natural resources or environment, as prescribed in Schedule 2, except permitted by the Minister with approval of the Council of Ministers.
(3)  It is prohibited that alien carries out the business which the Thai people is not ready to compete in business in competition against alien, as prescribed under Schedule 3, except with permission from the Director-General by approval of the Committee.

Section 9
The revision or amendment of business category according to Annex of this Act, shall be executed under Royal Decree, except for Category 2 Section 1 which has to be and Act.

The Committee shall review the category of  business as per Schedule annexed to this act, at least once for every period of one year commencing from the date this Act comes into force; and such recommendation is to be submitted to the Minister.

The aliens who has carried out business not prescribed under Schedule annexed to this Act before the revision or amended under paragraph one, if later that business is the  business which must be applied for permission under this Act, and if the aliens shall wish to carry on with said business, and application shall be submitted to the Director-General for certificate according to the criteria and procedures prescribed under Section 11.

During the period of practice under paragraph three and as the certificate is not granted, it shall be considered that said aliens have carried out the business not approved under this Act.

Section 10
The provisions under Section 5, Section 8, Section 15, Section 17 and Section 18 shall not be applicable to the Aliens engaging in the business under the Schedule of this Act by approval of the Government of the Kingdom of Thailand as a special case.

The aliens engaging in business under Schedule of this Act by the virtue of Convention that Thailand is a party member or obliged under commitment, shall be exempted from enforcement of the provisions in Sections prescribed under paragraph one,  and shall be according to the provisions and conditions of the Convention, which may include granting the right to the Thai people and the Thai enterprise from carrying out the operation the country of those aliens in return.

Section 11
An alien under Section 10 who desires to engage in business under the Schedule in this Act has to notify the Director-General according to the criteria and procedures  prescribed in  Ministerial  Regulation and the Director-General shall issue a Certificate to the said alien as soon as possible, but not later than 30 days after having received the application from the alien, except the Director-General shall consider that the application is not in compliance with the criteria and procedures stipulated under Ministerial Regulation, or in case the application is not in compliance with Section 10, the Director-General notify the alien promptly but no later than 30 days after having received the application.

The Certificate must specify the conditions as prescribed by the  Government or as stipulated in the Convention.

Section 12
In case the business of and alien, which is granted promotional privileges under the laws on investment promotion,  or is granted a Certificate to engage in Industry or engage in business for export under the law on Industrial Estate of Thailand or under other laws, falls into the Schedule 2 or Schedule 3 annexed to this Act, the said Alien has to apply for a certificate to Director-General.  When the Director-General or the competent official has inspected the correctness of the Investment Promotion Certificate of said License,  the Director-General shall issue a Certificate as soon as possible but not more than thirty days from the date of receipt of Promotion Certificate of Letter of Approval, as the case may by.  In this case, the said alien shall be exempted from the enforcement under this Act except for Section 21, Section 22, Section 39, Section 40 and Section 42 throughout the whole period that such  business is granted investment promotion or is granted the approval to engage in industry or business for export, as the case may be.

Issuance of the Certificate under paragraph  one shall be in accordance with the criteria and procedures prescribed by the Director-General.

Section 13
In case there are other laws with provisions governing the shareholding, partnership participation, or  investment by the aliens, the approval or the prohibition for  aliens to engage in some specific businesses, or stipulating the rules for engaging in business by aliens, then the provisions of such laws shall be enforced; and the provisions under this Act shall not be enforced on the scope that have already covered by the other laws.

Section 14
The minimum Capital which the alien uses in commencing the business operation in Thailand shall be not less than that prescribed under Ministerial Regulation, but not below Two Million Baht.

In case the business operation of the alien under paragraph one is the business which must be approved under the schedule annexed to this Act, the minimum capital prescribed under Ministerial Regulation for each business shall be not less than Three Million Baht.

Ministerial Regulation issued under the provision of this Section may also prescribe the period of time that minimum capital to be remitted or brought into Thailand.

The  provision  of  this  Section shall not  apply  to  the  case  the  alien bring in money or assets caused by income derived from the original operation which has been operated in Thailand before carrying out other business,  or brought in the shares or invested in the operation or in other juristic person.

Section 15
An alien who is to engage in business under Schedule 2 Shall have Thai national or Thai juristic person, under this Act, holding no less than 40 per cent of the capital of the alien juristic person, except there is appropriate reason, the Minister by approval of the Council of  Ministers may reduce the ratio in this respect, but not less than 25 per cent and shall have director with Thai nationals of no less than 2 out of 5 of the total number of directors.

Section 16
An alien applying for License shall have the qualification and no prohibiting characteristics as follows:  
(1) Being not less than 20 years old
(2)  Having  domicile in the Kingdom or  is  granted permission to enter the Kingdom temporary under the laws on immigration
(3) Not being a incompetent or quasi incompetent
(4) Not being a bankrupt
(5) Never  been  penalized  under  court  judgment  or adjudicated. By comparison for the offence under this Act or under National Executive Council No.281 dated 24 November B.E. 2515, except for having acquitted from such offence by no less than 5 years before the date of application for License.
(6) Never  been  penalized  under  the  court  judgment for the offences on swindle, embezzle, and cheat related to commercial activity under the law on borrowing which is public embezzlement of and offence under the law on immigration,  except having acquitted from such offence for no less than 5 years before the application for License.
(7) Never  having the License revoked under this Act, or under the National Executive Council Announcement no.281 dated 24 November B.E. 2515 within the period of 5 years before the application for License.

In case the juristic person applies for License, the directors, manager, or the person responsible for the business of such alien juristic person, then such alien shall have qualification and not prohibiting as mentioned under paragraph one.

Section 17
In applying to engage in business, and alien shall submit and application  to the Minister or Director-General according to the criteria and procedures stipulated in the Ministerial Regulation. And the council of Minister, for the case of business under Schedule 2, or Director-General, under Schedule 3, shall consider to approve or consent, as the case may be, within sixty days from the date of the application. In consideration by the Council of Minister, if it is necessary, which the Council of Ministers cannot consider within said period of time, it shall be extended, but not more than sixty days from the date of expiry of said period.

When the Cabinet grants the approval or the Director-General provides the consent under paragraph one, the Minister or Director-General shall issue the License as soon as possible, but shall not exceed 15 days from the date the Council of Ministers has granted the approval or the Director-General has given consent.

In granting approval, the Minister may prescribe conditions as determined by the Council of Ministers or as stipulated in Ministerial Regulation issued under Section 18,  for the case of business under Schedule 2; or the Director-General may specify the conditions as stipulated in Ministerial Regulation issued under Section 18, for the case of business under Schedule 3.

In case the Council of Ministers does not grant approval for and alien to engage in business under Schedule 2, the Minister shall notify the alien of such disapproval in writing within 30 days, and specify clearly the reasons for the disapproval.

In case the Director-General does not give consent to an alien to engage in business under Schedule 3, the Director-General shall notify the non-approval to that alien in writing within thirty days, and state the reason for non-approval.  That alien shall be entitled to appeal against the order of non-approval to the Minister, and the provision of Section 20 shall apply mutatis mutandis.

Section 18 The Minister by recommendation of the Committee has authority to issue Ministerial Regulations prescribing any condition for and alien, recipient of the License, to comply with as follows:
(1) The ratio of capital to the loan which is to be used for the business operation having been granted the License.
(2) The number of alien directors with  residence or address in the Kingdom
(3) The  amount and period  of  time in maintaining the minimum capital in the country.
(4) Technology or asset.
(5) Other necessary condition.

Section 19
When it appears that any recipient of License or recipient of Certificate:
(1) Violated the  conditions specified  by  the  Minister  under Section 7 paragraph one;
(2) Does not comply with the conditions stipulated  under Section 11 paragraph two or Section 17 paragraph three;
(3) Violated Section 15;
(4) Lacks qualification or has prohibiting characteristic under Section 16;
(5) Commits an offence under Section 35.

In case (1),  (2), and (3), the Director-General  shall notify the recipient of License or certificate to comply with the conditions under Section 7 paragraph one, Section 11 paragraph two, or Section 17 paragraph three, or comply properly with Section 15, as the case may be, within the appropriate period deemed necessary by the Director-General. If the recipient of License or Certificate does not comply with the notice in writing from the Director-General without reasonable cause, the Director-General has the authority to suspend the us of License temporarily or suspend the business  operation  temporarily within the period deemed appropriate, but not exceeding 60 days after the date of issuing order.

After the expiration of such period if the said alien has not completed the rectification, the Director-General could revoke the  License  or  the Certificate or recommend the Minister to consider for the revocation of the License, as the case may be.

In case under (4) and (5), the Director-General may order revocation of the License or recommend the Minister to consider the revocation of the License, as the case may be. 

Section 20
In case the Director General orders the suspension of the License temporarily or orders the suspension of business operation temporarily, or orders the suspension of License temporarily under Section 19, paragraph two, the recipient of License or recipient of Certificate is entitled to appeal in writing to the Minister within 30 days after having been notified of the order.

The appeal shall not delay the enforcement of order by the Director-General, except that the Minister by advice of the Board shall order said delay.

This Minister shall deliberate the appeal within 30 days after the submission of the appeal. The decision of the Minister shall be final.

Section 21
Under enforcement of Section 7, Section 19 and Section 20, the License shall be valid throughout, until the holder shall cease to operate the business. For the Certificate it shall be valid only for the period of time approved by the Government  of the  Kingdom  of  Thailand  or  according  to the Convention to operate that  business  or throughout the time that business has received promotion or permitted to  carry  out  industrial  operation  or commercial operation for export, as the case may be,   except  that  the  receiver  of  the  Certificate  shall  cease  to  operate  the   business approved  before  the  period  of  said  time,  that  Certificate  shall be valid only for said time.

The holder of Permit or receiver of Certificate shall display the Permit or Certificate at the place of operation in conspicuous place. If the Permit or Certificate shall be damaged in the essence or shall become lost, and application for the substitute shall be submitted within fifteen days from the date of learning the damage or lost.

The application for and the issue of substitute Permit or Certificate shall be according to the form and procedures prescribed by the Minister, but the period in issuing the substitute shall not exceed thirty days from the date of receiving the application,  and  it shall  be  considered that said  substitute is the document  which can be used as substitute of the Permit or Certificate, until receive of new Permit or Certificate.

Section 22
When the holder of  Permit or receiver of Certificate shall cease to operate the business or move the office or place of operation, the dissolution or move shall be made to the Registrar within fifteen days from the date of the dissolution or move,  according to the form and procedures as prescribed under Ministerial Regulation.

Section 23
There shall be a Committee on the Business Operation of Alien and consists of Permanent Secretary of Ministry of Commerce as Chairman, Representative of National Economic and Social Development Board, Representative of Board of Investment, Representative of Ministry of Defense, Representative of Ministry of Finance, Representative from Ministry of  Foreign Affairs, Representative of Ministry of Agriculture and Cooperatives, Representative of Ministry of Communications,  Representative of  Ministry  of  Interior,  Representative  of  Ministry of Labor and Social Welfare, Representative of Ministry of Science, Technology and Environment,  Representative  form Ministry of Industry,  Representative of the Ministry of Education, Representative of Ministry of Public Health, Representative of the Office of Consumers’ Protection, Representative of the National Police Bureau, Representative of Thai Chamber of Commerce, Representative of Industry Federation of Thailand, Representative of Thai Bankers’ Association and qualified members not exceeding 5 persons as appointed by the Minister, as committee members; and the Director-General of Commercial Registration as committee member and secretary.

The qualified persons shall be experts in economics, jurisprudence, commerce, science, technology, environment, trading, investment business administration or industry; and shall not be advisor to any political party or holding political positions.

The  Representatives  under  paragraph  one,  in  case of  being Representative of the authority, such Representative shall hold position not below Director-General or equivalent, and for the case of being Representative of Thai Chamber of Commerce, Representative of Industry Federation of Thailand or Representative of Thai Bankers’ Association, such Representative shall hold position not below that of Director of the Council of Association.

Section 24
Committee Members shall serve for the period of 2 years per each tenor.
In case any committee  Member  shall leave the position before the completion of the tenor,  or in case the Minister appoints new  Committee Member during the period the existing Committee Members are still in the tenor, the person who is so appointed as a replacement or the newly appointed Committee Member shall serve in the position within the tenor of the existing Committee Member.

Qualified  Expert  Committee  Member  who  is  relieved  from the position may be reappointed,  but may not maintain the position concurrently for more than two terms.

Section 25
Apart   from  retirement  from  the  position  at  the  end  of  tenor under Section 24, the qualified committee members, shall retire upon:
(1) Death
(2) Resignation
(3) The Minister remove from office due to wrongful behavior, dishonesty, negligence of duty or lack of competence.
(4) Becoming a bankrupt
(5) Being incompetent or quasi incompetent
(6) Being  sent  to  prison  by  a final judgment to imprisonment. Except for offence committed though carelessness or is a petty offence.
(7) Lack of qualification under Section 23 paragraph two.

Section 26
The Committee has authority as prescribed in this Act and shall have the following duties:
(1) Provide advice, recommendation, or opinion to the Minister on the legislation of Royal Decree and issue of Ministerial Regulations under this Act or prescribing type of business and locality for alien business under Section 7 or applying for approval from the Council of Ministers under Section 8 (2).
(2) Study, collect and prepare reports concerning businesses of alien in The Kingdom as well as impacts and suitability of such subjects and submit to the Minister from time to time, but not less than once a year.
(3) Give consultation, advice and comment to the Minister in other subjects as assigned.

Section 27
The Committee Meeting shall be attended by the Committee. Members by no less no less than half of the total member to constitute the quorum. If the Chairman is absent or could not perform duty, the attending committee members shall elect one committee member to act as chairman of the meeting.

The decision of the meeting shall be based on majority vote. One committee member shall have one vote.  In case of a tie in votes, the chairman of the meeting shall have and additional vote as a casting vote.

Section 28
The Committee has authority to appoint a sub-committee to deliberate or to perform any function to be assigned by the Committee, and the provision of Section 27 shall apply to the sub-committee meeting mutatis mutandis.

Section 29
The Department of Commercial Registration, Ministry of Commerce, shall serve as Secretariat Office of the Committee with the following authority and duty:
(1) Act according to the resolution of the Committee or as assigned by the Committee.
(2) Consider recommendation to the Committee about the business operation of alien in the Kingdom for the benefit of studying, compiling data and reporting to the Minister.
(3) Perform general secretariat function of the Committee.

Section 30
The Registrar and the competent official shall have the authority to:
(1) Send an inquiry letter or summon and person to explain the facts including to submit document or evidence necessary for the inspection of facts
(2) Enter the premise in which the alien engaging in the business during the working hours in order to carry inspection for compliance with this Act, by receiving prior approval in writing from the Director-General, except under utmost emergency circumstance. In the performance of such duty, said official shall have authority to investigate the facts or inspect any document or evidence of utmost necessity for inspection of fact from the person in such location.

During the performance of duty under (2), the owner or the possessor of the place  shall  accord convenience to the Registrar or the competent official as appropriate. The Registrar or the competent official shall not act in any manner to intimidate  or  search under the Criminal Procedure Code,  and shall notify in writing the owner or possessor of the place at least 3 working days in advance, except under utmost emergency circumstance, and after the completion of performance of duty, the Minister shall be notified the result of performance in writing as soon as possible.

Section 31
Any person applying for the inspection or copy of document or requesting the Registrar to make copy  or photo-copy with certification, or requesting for the issuance of certification of the content that are kept by the Registrar, the Registrar shall have to make approve as soon as possible, except that such document constitute forbidding characteristics which cannot to be disclosed under the law on public information, or other laws. The applicant shall pay the fee as stipulated in the Ministerial Regulation.

Section 32
The competent official shall have an Identification Card according to the form stipulated by the Ministerial Regulation.    During the performance of duty, the competent official has to produce Identification Card to the persons concerned.

Section 33
In  carrying out duty under this Act,  the committee members,  the Director-General, the Registrar, and the competent official shall be the competent official under Penal Code.

Section 34
An alien with License or Certificate who is ordered to be suspended the use or been revoked the License, or is ordered to suspend the business operation under the Certificate; and has lost the right to appeal, or the Minister has decided  to  suspend  the use of or revoke the License, or suspend the business operation, but continue to engage in such business shall be subject to imprisonment of not more than three years or a fine from One Hundred Thousand baht to One Million Baht or both,   and also a daily fine of 10,000 Baht as long as such violation continues to prevail.

Section 35
An alien who received License to engage in business under this Act,  jointly  engaged  in business of other alien who is not granted permission to engage in business under this Act,   or engage in the business in which other alien is the joint owner by publicly demonstrating that he is the sole proprietor of the business in order that such other alien avoid or violate the provisions of this Act,   shall be subject to imprisonment for not more than three years or a fine from One Hundred Thousand baht to One Million Baht or both,  and the court shall order dissolution of the business or operation.   Violation not to comply with the Court order is penalized with a daily fine of 10,000 Baht as long as such violation continues to prevail.

Section 36
Any Thai national or Thai juristic person who is not the alien under this Act, provides assistance or support or jointly engages in the business of the Aliens  which is the business  or  operation stipulated under the Schedule annexed to this Act whereby such alien is not granted approval to engage in such business; or jointly  engages  in  the business of the alien by publicly demonstrating that he is the sole   proprietor   of   the   business   or   holding  shares  on  behalf  of  the  alien  in the partnership or  limited  company or any other juristic person in order that such alien may engage in business which avoids or in violation of the provisions under this Act, including an alien who allow Thai national or  juristic  person  who is not the alien under this Act,   shall be subject to imprisonment for not more than three years or a fine from One Hundred Thousand baht to One Million Baht or both,  and the court shall order dissolution of the business or  operation or order cessation to be the shareholder  or partner, as the case may be. 

Violation not to comply with the Court order is penalized with a daily fine of 10,000 Baht to 50,000 Baht as long as such violation continues to prevail.

Section 37
An  alien engages in business in violation of Section 6,  Section 7, or Section 8, shall be penalized with a term of imprisonment of not more than three years or a fine from One Hundred Baht to One Million Baht, or both, and the Court shall order dissolution of the business or operation or order cessation to be the shareholder or partner, as the case may be.  Violation not to comply with the Court order is penalized with a daily fine of Ten Thousand Baht to Fifty Thousand Baht Throughout the time of the violation.

Section 38
An alien carrying out the business in violation of Section 14 or violates Section 18 (3), shall be penalized from One Hundred Thousand Baht to One Million Baht,  and a daily fine from  Ten Thousand Baht or Fifty Thousand Baht through the time of the violation.

Section 39 Recipient of License or Certificate for the engagement of business who does not act in compliance with Section 21 paragraph two or paragraph three, or violates Section 22, shall be subject to a fine of no more than 5,000 Baht.

Section 40 Any person who fails to comply with the letter of inquiry or summon of  the Registrar or the competent official,   or shall not provide fact or send the document or evidence upon the inquiry or inspection from the Registrar or the competent official, or does not facilitate the Registrar or the competent official under Section 30 without good reason, shall be fined not more than 5,000 Baht.

Section 41    
In case the juristic person commits an offence under Section 34, Section 35, Section 36 and Section 37, the Director, Partner or Director acting for that juristic person who agree to such offence,  or who has not acted as appropriate to prevent the offence,  shall be penalized with a term of imprisonment of not more than three years or a fine from One Hundred Thousand Baht to One Million Baht, or both.

Section 42
In case of an offence under Section 39 and Section 40, the Director-General  or person assigned by the Director-General shall have authority to fine by comparison.      When the offender has paid the fine the amount prescribed by the Director-General or the person assigned by him, as compared, within thirty days from the date of the comparison, that case shall cease.

Section 43
All the Royal Decree, Ministerial Regulation, Notification, and Order which are effective on the date this Act comes into force shall continue to be valid insofar as they are not in conflict or against the provisions under this Act, until there shall be Royal Decree, Ministerial Regulation,  Notification or Order issued under this Act enforced.

Section 44
An alien  who  received  the right or granted approval to engage in business under National Executive Council Announcement No. 281 dated 24 November B.E. 2515 prior to the date this Act shall come into force, shall continue to receive the right and be granted approval to engage in such business under the conditions and the period of time in having said right or approval.

Section 45
An  alien already engaging in the business under the type which is stipulated in Schedule annexed to this  Act on the date this Act comes into force which said business is not stipulated under the National Executive Council Announcement   No.281   dated   24   November  B.E. 2515,   if  it  shall  be  desired   to continue to engage in  such   business  further,  said  alien  shall  apply  to  the  Director-General for Certificate under the criteria and procedures prescribed under Section 11 within one year from the date of enforcement of this Act, and during the time the Certificate is not forth coming it shall be considered that said alien is the operator of business without approval under this Act.

Section 46
The Minister of Commerce shall be in charge of this Act and shall have  authority to appoint the Registrar and competent official and issue Ministerial  Regulation  to  prescribe the fee not in excess of the rate annexed to this Act, as well as waive fee and determine other activity for compliance with this Act.

The Ministerial Regulation once published in Government Gazette shall become effective.

Counter-sign by Chuan Leekpai, Prime Minister

Remark : The reason for the publication of this Act is that Announcement of the Revolutionary Party (NEC) No. 281, dated 24th  November B.E. 2515, which is enforced at present has been enforced for a long time and there are certain criteria not conforming with the economic condition, investment and international trade, it is appropriate to revise said law to promote business competition, both at home and abroad, which will benefit Thailand as a whole, and manage it in conformation with the obligation under the international Convention. It is necessary to enact this Act.

Rate of Fee

Schedule Annexed List To Alien Business Act B.E. 2542

 Schedule 1
Business not permitted to alien to opera by special reason:
(1)  Newspaper operation, radio broadcasting station or TV Station.
(2)  Farming, plantation or orchard operation|
(3)  Animal husbandry.
(4)  Forestry operation and timber conversion from natural forest.
(5)  Fishery, especially fishery in Thai territorial waters and in specific economic area of Thailand.
(6)  Extracting Thai herbs.
(7)  Trade and auction sale of Thai antique or valuables having historical value.
(8)  Making or casting Buddha image and aim bowl.
(9)  Land trade.

Schedule 2
Business related to safety or national security of the country, or with impact on Traditional culture, norms, local handicraft, or natural resources and Environment

Section 1 - Business related to safety and national security
(1) Production, distribution, or maintenance:
     (a) Firearm, ammunition, gun powder, explosive materials,
     (b) Component of Firearm, ammunition, and explosive materials,
     (c) Armament, ship vessel, aircraft, or military vehicles, Equipment or  component of all type of war equipment.

(2) Inland,  water-borne,  and  airborne  transportation  in the country; including aviation in the country.

Section 2 - Business with impact on traditional culture, norms, local Handicraft, or natural resources and environment
(1) Trading of antique, or object d’art which are fine arts, Thai handicrafts.
(2) Wood carving
(3) Sericulture,  Manufacturing  of  Thai silk yarn , Thai silk weaving, or Thai silk printing
(4) Manufacturing of Thai musical instruments
(5) Manufacturing of gold-ware, silver-ware,  nielloware,  stone inlaid gold-ware, or lacquer-ware
(b) Making plate and dishes or pottery, which is Thai arts & culture.

Section 3 - Business with impact on natural resources or environment
(1) Manufacturing of sugarcane from cane.
(2) Salt farming including production of salt
(3) Manufacturing of rock salt
(4) Mining including dynamiting or quarrying of rocks
(5) Timber processing for making furniture and utilities.

Schedule 3
Business which the Thai people is not ready to compete with the alien:
(1) Rice mil and production of flour from rice and plants.
(2) Fishery, only for aquatic breeding.
(3) Forestry from re-planting.
(4) Production of plywood, vineer board, chipboard or hardboard
(5) Production of white lime.
(6) Accounting service operation.
(7) Architectural service operation.
(8) Engineering service operation.

(9) Construction, except:
     (a) Construction of basic service for the public in public utilities or communication requiring tools, technology or special experience, having minimum of the alien from Five Hundred Million Baht upwards.
     (b) Other construction as prescribed in Ministerial Regulation.

(10) Commission agent or brokerage, except:
     (a) Being broker or representative for the purchase/sale of securities or service in purchase/sale of future of agricultural commodities or financial instrument or securities.
     (b) Being broker or representative for the purchase/sale of Goods or service necessary to production or service of Enterprise  under same group.
     (c) Brokerage or agency service for the purchase or sale, or the searching of markets both domestically and abroad for the distribution of products being produced in the country, or import from overseas which are of the nature of international business operation, with minimum foreign capital of  no less than 100 million Baht.

(11) Auctioning, except
     (a) Auctioning with the nature of being the auctioning across countries which is not the auction of antique, heirloom, or fine arts objects which are Thai fine arts works, handicraft works, or antique objects, or with historical value of the country
     (b) Other type of auctioning as stipulated under Ministerial Regulations

(12) Domestic trade related to local agricultural produces which are Still not prohibited by law.
(13) Altogether not less than One Hundred Million Baht or having Minimum capital in each shop of not less than Twenty Million Baht.
(14) Wholesale trade of all types with capital of not less than One Hundred Million Baht.
(15) Advertising business.
(16) Hotel operation, except for managing the hotel.
(17) Tourism guide.
(18) Sale of food and beverage.
(19) Planting and culture of plants.
(20) Engage in other business, except those stated under Ministerial Regulation.