Visa and Work Permit for Employees of BOI Promoted Company

1. LAWPLUS
Visa and Work Permit
for Employees of BOI Promoted Company
Naddaporn Suwanvajukkasikij, Partner
Raweewan Somwaiya, Associate
www.lawplusltd.com
Korean-Thai Chamber of Commerce
Legal Seminar
17 November 2017
Holiday Inn Sukhumvit Hotel, Bangkok

2. LAWPLUS
The information provided in this document is general in nature and may not
apply to any specific situation. Specific advice should be sought before takin
g any action based on the information provided. Under no circumstances sh
all LawPlus Ltd. or any of its directors, partners and lawyers be liable for any
direct or indirect, incidental or consequential loss or damage that results fro
m the use of or the reliance upon the information contained in this document.
Copyright © 2017 LawPlus Ltd.

3. LAWPLUS 3
• Skilled Employees: managements, engineers and technicians, e.g. president,
Managing Director, General Manager, Factory Manager, CFO, Production Engineer,
etc.
• Must have educational backgrounds and experiences as required by the BOI, e.g. not
less than 27 years old, at least 5-year experiences in the same area as promoted
business of company.
• Terms of visa and work permit vary according to the type of promoted businesses, e.g.
- 4 years for IHQ and ITC
- 2 years for software business
- 1 year for call center business.
• The following requirements will not apply to employment by BOI promoted companies:-
- 4 Thais: 1 foreign employee ratio (work permit)
- THB2 million registered capital for each 1 foreign employee (visa)
• Extension of visa and work permit is allowed but extension period will vary according to
the type of promoted businesses.
Visa and Work Permit
Skilled Employees of BOI Promoted Company

4. LAWPLUS 4
• Major steps and procedures for obtaining visa and work permit:-
Visa and Work Permit
Skilled Employees of BOI Promoted Company
No. Procedures By From
Timeframe
(Working Days)
1. Obtaining a Non-Immigrant B visa
from abroad
Employee Thai embassy
located outside
Thailand
Variable
2. Obtaining a username and a
password for using the BOI e-
Expert System
Employer One Start One Stop
Investment Center
(OSOS)
3-5
3. Obtaining an approval from the
BOI for positions of skilled
employees
Employer BOI e-Expert
System (online)
5-20
4. Obtaining an approval from the
BOI for appointment of each skilled
employee in the approved position
Employer BOI e-Expert
System (online)
3-5
5. Obtaining a visa and a work
permit
Employee One Start One Stop
Investment Center
(OSOS)
1

5. LAWPLUS 5
Single Window System (“SWS”)
BOI Promoted Company
• SWS will be officially launched and replace the e-Expert System effective from 1st
January 2018 (BOI Announcement No. Por. 3/2560, Re: Measures and Practices for
Requesting Approval for Employment of Foreign Labors via Electronic Systems date
d 22nd
September 2017).
• A new BOI promoted company must obtain a username and password for the SWS
from the OSOS.
• The current username and the password for the e-Expert system given to the
existing BOI promoted company can be used for the SWS upon activation by the BO
I after the company attends the SWS training workshop held by the OSOS.
• Before 1st
January 2018, SWS is available for only 5 types of applications:-
(i) approval for new position
(ii) appointment of employee in the approved position and approval for employee to
bring in their family members to Thailand
(iii) extension of period for an approved position
(iv) extension of stay for employees and their family members
(v) removal of employees from approved positions and their family members.

6. LAWPLUS 6
• Unskilled Employees: employees who work in the positions that are not required
skills or expertise, e.g. labours in factories, labour in fisheries, security guards,
housemaids.
• BOI does not support BOI promoted companies to employ foreign unskilled employees
in their BOI promoted projects.
• Relaxation for employment of foreign unskilled employees in BOI promoted projects
will last until 31st
December 2018.
• From 1st
January 2019, only 2 types of foreign unskilled employees are allowed to work
in the BOI promoted projects:-
- employees under MOU between Thailand and other countries
- employees working in projects located in Special Economic Zones (10 provinces) and 4
Southern border provinces
(BOI Announcement No. Por. 1/2559, Re: Permission to Use Unskilled Labors in the
BOI Promoted Projects dated 29th
April 2016).
Visa and Work Permit
Unskilled Employees of BOI Promoted Company

7. LAWPLUS 7
• For unskilled employees from countries which have signed MOU with Thailand,
i.e. Cambodia, Laos, Myanmar and Vietnam.
• Only for employment in positions of labours and housemaids.
• Valid for 2 years, renewable for another period of 2 years.
• MOU employees can be brought into Thailand by the employer or a licensed
employment agent.
Visa and Work Permit for Employees from MOU Countries
BOI Promoted Company

8. LAWPLUS 8
• Major steps and procedures for obtaining visa and work permit under the MOU:-
Visa and Work Permit
Unskilled for Employees of BOI Promoted Company
No. Procedures By From
Timeframe
(Working Days)
1. Obtaining a quota for employment of
unskilled employees
Employer Bangkok Employment Office
(“BEO”) or Provincial Employment
Office (“PEO”)
3
2. Obtaining an approval for bringing in
unskilled employees
Employer BEO or PEO 1
3. Obtaining an approval for selected
unskilled employees to work in Thailand
BEO or PEO CLMV relevant authorities Variable
4. Obtaining an approval for selected
unskilled employees to work in Thailand
Employer BEO or PEO 1
5. Obtaining a Non-Immigrant L-A visa Employee Thai embassy located in CLMV Variable
6. Attending a training workshop Employee Post-Arrival and Employment
Termination Center
1
7. Health check-up Employee Hospital in Thailand 1
8. Obtaining a work permit Employee BEO or PEO 7

9. LAWPLUS 9
• Smart Visa Project was approved by the Cabinet on 29 August 2017.
• To be implemented from January 2018.
• Eligible foreigners:-
- Highly skilled persons (executives and technical experts)
- Investors related to 10 S-curve industries:-
1. Next-Generation Automotive 6. Robotics
2. Smart Electronics 7. Aviation and Logistics
3. Affluent, Medical and Wellness Tourism 8. Biofuels and Biochemicals
4. Agriculture and Biotechnology 9. Digital
5. Food for the Future 10. Medical Hub.
Smart Visa

10. LAWPLUS 10
• Holder of Smart Visa can reside in Thailand up to 4 years.
• Holder will be exempted from holding a work permit to work in Thailand.
• Spouse and children will have the same rights as the Smart Visa holder.
• Holder will report to the Immigration Office only once a year.
Smart Visa

11. LAWPLUS
Unit 1401, 14th
Floor, 990 Abdulrahim Place, Rama IV Road, Bangkok 10500, Thailand
Tel. +66 (0)2 636 0662, Fax +66 (0)2 636 0663
Room 517, Yangon International Hotel, No. 330 Corner of Ahlone and Pyay Roads, Dagon Township, Yangon, Myanmar
Tel. +95 9 505 6667 and Tel. +95 92 6111 7006
www.lawplusltd.com
Contacts:
Kowit Somwaiya, Managing Partner
kowit.somwaiya@lawplusltd.com
Prasantaya Bantadtan, Partner
prasantaya.bantadtan@lawplusltd.com
Naddaporn Suwanvajukkasikij, Partner
naddaporn.suwanvajukkasikij@lawplusltd.com