Business Advisory firm focusing on company setup in Thailand, including BOI application, Thai limited, Immigration and labor consulting.

Procedures, Fees, Documents

Introduction of Procedures, Fees, Documents

All Non-Thai nationals wishing to work in Thailand must obtain a Work Permit before beginning to work. The actual issuance of the work permit will only take place once the foreigner is in Thailand. Entering Thailand must, however, occur in accordance with the immigration regulations.

Therefore, the the work permit application process consists of two distinct steps:

Work Permit Application

1. Obtaining a Visa

Before the foreigner seeking employment in Thailand is actually entering Thailand, he/she needs to obtain a lawful immigration title. Non-Thai nationals who seek a prolonged stay in Thailand and enter Thailand for working within the Kingdom need to obtain a Non-Immigrant type B Business Visa. Such a visa needs to be applied for at a Royal Thai Consulate or Embassy. The employer needs to invite the future employee and sent him formal invitation documents. Non-Immigrant type B Business Visa entitle holders for a period of stay of up to 90 days, but can be extended once in Thailand. For details on how to obtain a Non-Immigrant type B Business Visa, please refer to our immigration section.

2. Obtaining a Work Permit

Once the Non-Thai national is legally in Thailand, the actual application for the Work Permit can be filed with the Ministry of Labor. The filing of the application can be done either by the employee or by the employer on behalf of the employee. Collecting the actual Work Permit, needs to be done in person by the employee.

Please note, that the application must be directed to the office of the Labor Department in the province in which the company’s head office is located. Given that the basic principles are met, the following documents need to submitted:

  • Employee provided Documents
    •  Signed passport copy
      • Personal details page
      • Entry stamp and departure card
      • Non-Immigrant type B Business Visa (for non-permanent residents only)
      • Residency permit and alien book (for permanent residents only)
    • Three passport sized (3×4 cm) photos of the applicant, business attire, not older than six months
    • Signed curriculum vitae
      • Curriculum vitae showing former employers, positions, lenght and place of employment
      • Recommendation letters of previous employers
      • Educational certificate and transcripts
      • Other certificates and licenses, if needed (e.g. press card, doctor’s license, teacher’s license etc.)
    • Medical certificate from a Thai hospital stating blood type and certifying overall good mental and physical health conditions
    • Note: if the applicant is married to a Thai national, a copy of the marriage certificate, the spouse’s identity card and household registration is required
  •  Employer provided documents
    • Commercial registration certificate
      • Company registration as juristic person
      • Company objectives
      • Registered capital
      • Name of the company’s directors
    • Shareholder list (Bor Or Jor 5)
    • VAT certificate (Phor Phor 20)
    • Work Permit application
      • Completed application form
      • Job description, indicating that skills are required that Thai nationals are unlikely to posses
      • Office map
      • Explanation why the company wants to hire a Non-Thai national
    • Factory license, if applicable
    • For renewals: withholding tax (Phor Ngor Dor 1)

All employer provided documents must have the company seal on them and one of the directors needs to sign all copies. All officially issued documents must not be older than three months. Normal work permits have a validity of up to one year. Executive positions and skilled experts might be granted work permits with validities of up to two years. Please note that usually Non-Immigrant type B Business Visa are valid only for 90 days, so holders need to apply for an extension once the work permit has been issued.

Applicable Government Fees

This list gives an overview of the applicable government fees. Please note that these fees might be changed without prior notice:

  • Application fee: 100 Thai Bath
  • Issuance feesReplacement fee: 500 Thai Bath
    • Validity up to three months: 750 Thai Bath
    • Validity more than three but less than six months: 1,500 Thai Bath
    • Validity more than six but less than twelve months: 3,000 Thai Bath
    • Validity more than twelve months: 3,000 Thai Bath plus the amount exceeding one year
  • Changing or adding job description: 1,000 Thai Bath
  • Changing or adding employer: 3,000 Thai Bath
  • Changing or adding place of work: 1,000 Thai Bath
  • Changing or adding conditions: 150 Thai Bath

Special Regulation for BOI Promoted Companies

Companies promoted by the Board of Investment enjoy certain privileges. Among others, BOI promoted companies are exempted from minimum capital requirements and Thai to Non-Thai employee ratios. The process for obtaining a Work Permit for companies promoted under the authority of the Board of Investment differs from the normal procedures. In both cases, the future employee needs to enter Thailand on a Non-Immigrant type B Business Visa. The issuance of Work Permits under the authority of the BOI follows two distinct steps:

Work Permit Application

1. Position Approval

The Thai company needs to submit an application for employing foreign experts and technicians to the Foreign Experts Service Division. It is necessary that the employer is a promoted company under the Investment Promotion Act (i.e. a BOI promoted company). Such an application must contain a description of the company’s objectives and an explanation why it is necessary to employ Non-Thai nationals in a specific position, the overall personal plan of the company including the overall number of foreign experts and technicians required as well as the planned period of employment. The following documents need to be submitted to the Foreign Experts Service Division:

  • Request form for employing Non-Thai national experts and technicians (F FR NI 01)
  • Company organizational chart: showing the overall responsibilities of the different positions and highlighting the positons for which approval is requested (or has already been granted)
  •  Employment details form (F FR NI 02)Investment promotion certificate
    • Job titles in English
    • Job descriptions
    • Job requirements
    • Planned period and duration of employment
  • Foreign Business License (if not available, a clarification letter is needed)
  • Company registration documents
  • List of shareholders (Bor Or Jor 5)
  • Balance Sheet and Profit and Loss Statement (if not available, a clarification letter is needed)

All documents must be signed by an authorized director with a company seal affixed. Once the application for the position has been submitted, the application will either be approved or disapproved. In both cased, a written notification to the company will be issued. If the position has been approved, the company might proceed to the employee appointment.

2. Employee Appointment

As a second step, the BOI promoted company needs to file an application at the Foreign Experts Service Division requesting to bring a foreign expert or technician to work for the approved position. It is important to note that the foreign expert’s or technician’s curriculum vitae needs to match the job requirements for which the position approval has been granted. For an employee appointment application the following documents are required:

  • Company application letter containing
    • Intention to fill a specified positon (reference must be made to the approved position)
    • Personal details of the individual who is supposed to fill the position
  • Bio data form (F FR NI 03) containingEducational certificates
    • Educational history
    • Fields of education related to the position for which the application is filed
    • Employment history
  • Employment record
  • Passport copyPassport sized (3×4 cm) photo of the applicant
    • Personal details page
    • Entry stamp and departure card
    • Non-Immigrant type B Business Visa (for non-permanent residents only)
    • Residence permit and alien book (for permanent residents only)
  • Approval letter for position requested in step one

Once again, all documents must be signed by an authorized director with a company seal affixed. The assignment than will be considered by the Foreign Expert Services Division and either approved or disapproved. In any case, a letter of notification will be issued to the company. If the application has been approved, a written notification will be issued to the Immigration Bureau and the Department of Employment. The company might than contact both the Immigration Bureau and the Department of Employment within 30 days for obtaining a Work Permit and a visa extension for the employee.

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