Foreign Business Act
B.E. 2542 (1999)
Bhumibol Adulyadej, Rex.
Given on this 24 th day of November B.E. 2542 (1999)
Being the 54 th year if the present reign.
His Majesty King Bhumibol Adulyadej has been pleasantly
pleased to proclaim that it was expedient to improve the law governing
the business operation of foreigners.
This Act has some provisions relating to the restriction
of the rights and liberty of individuals but by implication of
Section 29 in conjunction with Section 35 and Section 50 of the
Constitution of the Kingdom of Thailand, the restriction can be
implemented by virtue of the law.
By and with the advice and concurrence of the Parliament,
His Majesty the King graciously ordered the enactment of this
Act as follows:
Section 1. This Act shall
be called the "Foreign Business Act 1999".
Section 2. This Act shall
come into force immediately after the lapse of the 90-day period that
commences on the date of its publication in the Government Gazette.
Section 3. The following
shall be repealed:
(1) Announcement No. 281of the National Executive
Council dated November 24, 1972.
(2) The Act of 1978 amending Announcement No.
281, of the National Executive Council dated November 24,
1972.
(3) Act No. 2 of 1992 amending Announcement
No. 281 of the National Executive Council dated November 24,
1972.
Section 4. In this Act:
"Foreigner" means
(1) Natural person not of Thai nationality.
(2) Juristic person not registered in Thailand.
(3) Juristic person registered in Thailand
having the following characteristics.
(a) Having half or more of the juristic
person's capital shares held by persons under (1) or (2)
or a juristic person having the persons under (1) or (2)
investing with a value of half or more of the total capital
of the juristic parson.
(b) Limited partnership or registered ordinary
partnership having the person under (1) as the managing
partner or manager.
(4) Juristic person registered in Thailand
having half or more of its capital shares held by the person
under (1), (2) or (3), or a juristic person having the persons
under (1), (2) or (3) investing with the value of half or
more of its total capital.
For the purpose of the definition, the shares
of a limited company represented by share certificates that
are issued to bearers shall be deemed as the shares of foreigners
unless otherwise provided by ministerial regulations.
"Capital" means the registered capital of
a limited company or paid-up capital of a public limited company
or the money invested in a partnership or juristic person
by its partners or its members.
"Minimum Capital" means the capital of the
foreigners in the case where the foreigners are juristic persons
registered in Thailand and, in the case where the foreigners
are juristic persons not registered in Thailand or natural
persons, it shall mean the foreign currencies that the foreigners
bring in and use at the commencement of the business operation
in Thailand.
"Business" means the business operation in
agriculture, industry, handicraft, commerce, service or other
dealings for business purpose.
"Licensee" means a foreigner who has obtained
the License.
"Certificate" means a business operation certificate.
"Certificate Grantee" means a foreigner who
has obtained the Certificate.
"Committee" means the Foreign Business Committee.
"Competent Official" means a person appointed
by the Minister to undertake actions in compliance with this
Act.
"Registrar" means a person appointed by the
Minister as a foreign business registrar.
"Director-General" means the Director-General
of Commercial Registration Department.
"Minister" means the Minister in charge of
this Act.
Section 5. In permitting
the foreigners to operate the businesses under this Act, the advantages
and disadvantages to the nation's safety and security, economic and
social development, public order or good moral, art, culture and tradition
of the country, natural resource conservation, energy and environment,
consumer protection, size of the enterprises, employment, technology
transfer, and research and development shall be taken into account.
Section 6. The following foreigners shall be prohibited
from operating any business in Thailand:
(1) Foreigners deported or pending deportation.
(2) Foreigners staying in Thailand without permission
under the law governing immigrants or other laws.
Section 7. The following
foreigners may operate a businesses upon obtaining a License from the
Director-General and may operate only certain businesses and in the
locality announced with the approval of the Cabinet by the Minister
in the Government Gazette. The Minister may prescribe any conditions
deemed expedient in the notification.
(1) Foreigners born in Thailand but not granted
Thai nationality under the law governing nationality or other
laws.
(2) A person who becomes a foreigner as a consequence
of his nationality being revoked under the law governing nationality
or other laws.
The application for a License, the issuance of
the license and the period of permission shall be in accordance
with the rules and procedures prescribed in the ministerial regulations.
In the case where the Director-General does not
permit a foreigner under paragraph one to operate the business,
the foreigner shall be entitled to lodge an appeal with the Minister
and the provisions of paragraphs one and three of Section 20 shall
be applicable mutatis mutandis.
Section 8. Subject to
Section 6, Section7, Section 10 and Section 12
(1) Foreigners shall be prohibited from operating
the business not permitted to them with special reasons as
described in List One.
(2) Foreigners shall be prohibited from operating
any business concerning national safety and security, business
affecting art and culture, tradition and folk handicraft or
the business affecting natural resources or environment as
prescribed in List Two unless permitted by the Minister with
the approval of the Cabinet.
(3) Foreigners shall be prohibited from operating
the businesses prescribed in List Three in which Thai nationals
are not ready to compete unless permitted by the Director-General
with the approval of the Committee.
Section 9. Amendments
or changes of the business categories under the Lists attached hereto
shall be made by a royal decree except for the businesses under List
Two, Group 1, in which case the amendments or changes shall be made
by an act of parliament.
The Committee shall review the business categories
under the Lists attached hereto at least once every one-year period
from the date this Act comes into force and shall submit its opinion
to the Cabinet. The foreigners who has operated the business not
prescribed in List Two or List Three prior to the amendments or
changes of business category under paragraph one and later on
that business requires a permission under this Act and the foreigners
wish to continue operating that business shall notify the Director-General
in order to obtain a Certificate in accordance with the rules
and procedure described in Section 11.
During the period prescribed in paragraph three
and while the Certificate has not been obtained, the foreigners
shall not be deemed as non-licensed business operators under this
Act.
Section 10. The provisions
of Section 5, Section 8, Section 15, Section 17, and Section 18 shall
not be applicable to the foreigners operating the business that are
classified in the Lists attached hereto with a temporary permission
from the Government of the Kingdom of Thailand.
The foreigners operating the business classified
in the attached Lists under a treaty to which Thailand is a party
or is obligated to abide by it shall be exempt from the application
of the Sections stated in paragraph one and shall comply with
the provisions of the treaty which may in return include the entitlement
of the Thai nationals and Thai enterprises to operate the businesses
in the country of the foreigners.
Section 11. The foreigners
qualified under Section 10 wishing to operate the business under the
attached Lists shall notify the Director-General under the rules and
procedures prescribed in the ministerial regulations in order to obtain
a Certificate. The Director-General shall issue the Certificates to
the foreigners rapidly but shall not exceed 30 days from the date on
which the written notification is filed, unless the Director-General
is of the opinion that the notification does not comply with the rules
and procedures prescribed in the ministerial regulations or is not in
accordance with Section 10. The Director-General shall in that case
promptly notify the foreigners within 30 days of the date on which the
written notification is filed.
The Certificates shall also specify the conditions
prescribed by the Government or the treaty.
Section 12. In the case
where the business of a foreigner that is promoted under the investment
promotion law or permitted in writing to operate the industry or trade
for export under the law governing the Industrial Estate Authority of
Thailand or other laws are classified in List Two or List Three attached
hereto, the foreigner shall notify the Director-General in order to
obtain a Certificate. After the Director-General or his assigned Competent
Official has examined the validity of the investment promotion certificate
or the permit, the Director-General shall issue the Certificate rapidly
but shall not exceed 30 days from the date on which he is notified of
the acquisition of the investment promotion certificate or the permit
as the case may be. In such case, the foreigner shall be exempted from
the implication of this Act, except for Section 21, Section 22, Section
39, Section 40, and Section 42, throughout the period that the business
is investment promoted or permitted for the export industry or trade
operation as the case may be.
The issuance of the Certificate under paragraph
one shall be in accordance with the rules and procedures prescribed
by the Director-General.
Section 13. In the case
where the provisions of other laws regulate shareholding, foreigners'
partnership or investment, permission or prohibition for the foreigners
in operating certain businesses or prescribe rules on the foreigner's
business operation, the laws shall prevail and the provisions of this
Act shall not be applicable to the areas that the other laws specifically
govern.
Section 14. The minimum
capital used at the commencement of the business operation shall not
be less than that prescribed by ministerial regulations and shall in
no case be less than two million Baht.
In the case where the businesses in the preceding
paragraph require the licenses under the Lists attached hereto,
the minimum capital to be prescribed in the ministerial regulations
for each of the businesses shall in no case be less than three
million Baht.
Ministerial regulations issued by virtue of this
Section may also prescribe the time for the minimum capital to
be brought or remitted into Thailand.
The provisions of this Section shall not apply
in the events where the foreigners make the invest with the money
or property derived from the business operation that has previously
been in operation in Thailand in another business or use them
as a share or an investment in other enterprises or juristic persons.
Section 15. The foreigners
may operate the business under List Two only if Thai nationals or juristic
persons that are not foreigners under this Act hold the shares of not
less than 40% of the capital of that foreign juristic persons. Unless
there is a reasonable cause, the Minister with the approval of the Cabinet
may reduce the proportion requirement but it shall not be less than
25 percent and the number of Thai directors shall not be less than two-fifths
of the total number of directors.
Section 16. Foreigners
applying for a license shall have the following qualification and shall
not have the prohibited characteristics below:
(1) Being not younger than 20 years old.
(2) Having residency or being permitted to
temporarily enter into Thailand under the immigration law.
(3) Being neither incompetent nor quasi-incompetent.
(4) Not being a bankrupt.
(5) Never having been punished by a court judgement
or fined for an offense under this Act or Announcement No.
281 of the National Executive Council No dated November 24,
1972 unless they have been released at least five years prior
to the date of the license application.
(6) Never having been imprisoned for fraudulent
acts, debtor cheating, embezzlement, offenses connected with
trade under the Criminal Code or for offenses relating to
fraudulent loans to the public or for offenses under the immigration
law unless they have been released at least five years prior
to the date of application.
(7) Never having a license issued under this
Act or under Notification No. 281 of the National Executive
Council dated November 24, 1972 revoked during the five-year
period prior to the date of the license application.
In case of the juristic person being the license
applicant, the Foreign directors, managers or the persons responsible
for the operation of the juristic person shall also have the qualifications
and shall not have the prohibited characteristics referred to in
paragraph one.
Section 17. In applying
for the permission to operate the business, the foreigners shall submit
the applications to the Minister or Director-General in accordance with
the rules and procedures prescribed in the ministerial regulations.
The Cabinet, in case of the business under List Two, or the Director-General,
in case of the business under List Three, shall approve or give permission,
as the case may be, within 60 days of the date of the application. In
the case where there is a cause for the Cabinet to be unable to give
the approval within the period, it shall be extended as necessary but
shall not exceed 60 days from the lapse of the period.
When the Cabinet has given the approval or when
the Director-General has given the permission under paragraph
one, the Minister or the Director-General shall issue the license
within 15 days of the date of the Cabinet's approval or the date
of the Director-General's permission.
In giving the approval, the Minister may prescribe
the conditions as stipulated by the Cabinet or described in the
ministerial regulations issued under Section 18 for case of businesses
under List Two or the Director-General may prescribe the conditions
as stipulated in the ministerial regulations issued under Section
18 for the case of businesses under List Three.
If the Cabinet does not permit the foreigners to
operate the businesses under List Two, the Minister shall notify
the foreigners of the decision in writing within 30 days and the
reasons for the disapproval shall be clearly indicated.
If the Director-General does not permit the foreigners
to operate the businesses under List Three, the Director-General
shall notify the foreigners of the decision in writing within
15 days and of the reasons for the disapproval shall be expressly
indicated. The foreigners are entitled to lodge an appeal with
the Minister and the provisions of Section 20 shall apply mutatis
mutandis.
Section 18. The Minister
with the advice of the Committee is empowered to issue the ministerial
regulations prescribing any of the following conditions for the foreign
licensees to comply with;
(1) The ratio of the capital and loans to be
used in the permitted business.
(2) Number of foreign directors who must have
domicile in the Kingdom.
(3) Number and period for keeping the minimum
capital in the country.
(4) Technology or assets.
(5) Other necessary conditions.
Section 19. If it turns
out that any licensee or certificate grantee:
(1) violated the conditions prescribed by the
Minister under paragraph one of Section 7;
(2) does not comply with the conditions prescribed
in paragraph two of Section 11 or paragraph three of Section
17;
(3) violates Section 15;
(4) lacks the qualifications or has the prohibited
characteristics under Section 16; or
(5) commits the offenses under Section 35.
Then in the cases under (1), (2), and (3), the
Director-General shall give a written notification to the licensee
or the certificate grantee instructing them to comply with the
conditions under paragraph one of Section 7, paragraph two of
Section 11 or paragraph three of Section 17 or correctly comply
with Section 15, as the case may be, within the period that he
deems appropriate. If the licensee or certificate grantee does
not comply with the instruction as notified by the Director-General
in writing without any appropriate reason, the Director-General
shall be empowered to temporarily suspend the license or business
operation for a suitable period but it must not exceed 60 days
from the date of instruction. At the expiry of the period, if
the foreigner has not yet made a complete correction, the Director-General
shall consider revoking the license or certificate or make a recommendation
to the Minister to consider revoking the license as the case may
be.
In the case of (4) and (5), the Director-General
shall consider revoking the license or make a recommendation to
the Minister to consider revoking the license as the case may
be.
Section 20. If the Director-General
temporarily suspends the license or the business operation or revokes
the license or certificate under paragraph two of Section 19, the licensee
or the certificate grantee shall be entitled to lodge an appeal in writing
with the Minister within 30 days of the date on which it receives the
instruction.
The appeal will not stay the enforcement of the
Director-General's instruction unless otherwise order by the Minister
with the advice of the Committee.
The Minister shall make a decision on the appeal
within 30 days of the date on which the appeal is submitted. The
decision of the Minister shall be final.
Section 21. Subject to
Section 7, Section 19, and Sections 20, the license shall be indefinitely
valid until the licensee stops doing the permitted business. The certificate
shall be valid for a period permitted by the Thai Government or as prescribed
by the treaty for such business operation or throughout the period for
which such business is investment promoted or the export industry or
trade is allowed to be operated as the case may be except where the
certificate grantee stops the permitted business operation prior to
the expiry of the period, the certificate shall be valid until then.
The licensee or certificate grantee shall display
the license or certificate at an overt place in his business premises.
If the license or the certificate is damaged or
lost, an application for a substitute shall be made to the registrar
within 15 days of the date on which the defect or loss is known.
The application and issuance of the substitute
license or certificate shall be in accordance with the forms and
procedures prescribed by the Minister but the period for issuing
the substitute shall not exceed 30 days from the date on which
the application if received. The substitute shall be deemed the
document substituting the license or certificate until a new license
or certificate is obtained.
Section 22. If the license
or the certificate grantee stops the business operations or relocates
the office or place of business, a notification on the stoppage shall
be filed with the registrar within 15 days of the stoppage date or relocation
date in accordance with the forms and procedures prescribed in the ministerial
regulations.
Section 23. There shall
be a Foreign Business Committee consisting of the Permanent Secretary
of the Ministry of Commerce as the Chairperson, Representative of the
Office of the National Economic and Social Development Board, Representative
of the Office of the Board of Investment, Representative of the Ministry
of Defence, Representative of the Ministry of Finance, Representative
of the Ministry of Foreign Affairs, Representative of the Ministry of
Agriculture and Cooperative, Representative of the Ministry of Transport
and Communications, Representative of the Ministry of Interior, Representative
of the Ministry of Labour and Social Welfare, Representative of the
Ministry of Science, Technology and Environment, Representative of the
Ministry of Industry, Representative of the Ministry of Education, Representative
of the Ministry of Public Health, Representative of the Office of the
Consumer Protection Board, Representative of the Royal Thai Police,
Representative of the Thai Chamber of Commerce, Representative of the
Federation of Thai Industries, Representative of the Thai Bankers Association
and no more than 5 learned persons as appointed by the Minister as the
Committee Members and the Director-General of the Commercial Registration
Department shall be the Committee Member and Secretary.
The learned persons shall have the knowledge and
expertise in economics, law, commerce, science, technology, environment,
trade, investment, business administration, or industry and shall
not be advisors to political parties or have any political position.
In the case where the representatives in Paragraph
one are the representatives of government units, they shall have
the positions that, in ranking, are not lower than Director-General
position or equivalent thereof. And, in the case where they are
the representatives of the Thai Chamber of Commerce, the Federation
of Thai Industries, the Thai Bankers Association, they shall have
the position ranking of not lower than a director of the Chamber,
Federation or Association.
Section 24. The learned
committee members shall have the tenure of two years.
In the case where a committee member vacates the
office prior to the expiry of his term or in the case where the
Minister appoints additional committee members while the appointed
committee members still have the tenure, the substitute committee
members or the additional committee members shall retain their
office during such time only as the appointed committee members
are entitled to retain the office.
The learned committee members leaving the office
shall be eligible for reappointment but they may not retain the
office for two successive terms.
Section 25. Apart from
leaving the office under Section 24, the learned committee members shall
leave the office upon;
(1) Death;
(2) Resignation;
(3) Being removed by the Minister due to disgraceful
conduct, malfeasance, breaching his duty or being deficient
in abilities;
(4) Being declared bankrupt;
(5) Being incompetent or quasi-incompetent;
(6) Being imprisoned by a final judgment except
for offenses negligently committed or for misdemeanor offenses;
or
(7) Lacking the qualification under paragraph two
of Section 23 .
Section 26. The Committee
has the authority as prescribed in this Act and shall have the following
duties:
(1) Advising, recommending or giving opinions
to the Minister on the enactment of royal decrees and issuance
of ministerial regulations under this Act or the prescription
of business category and business operation locality of the
foreigners under Section 7 or the application for the Cabinet's
approval under Section 8 (2).
(2) Studying compiling, and preparing reports
on the foreign business operation in Thailand including the
impacts and appropriateness thereof, for presentations to
the Minister from time to time but it shall not be less than
once a year.
(3) Advising, recommending or giving opinions to
the Minister on other matters as he may assign.
Section 27. In holding
the meetings of the Committee, at least one half of the total number
of Committee members shall be present in order to constitute a quorum.
If the Chairperson is not present or is unable to perform the duty,
the Committee members attending the meeting shall elect one Committee
member to preside over the meeting.
The decision of the meeting shall be taken by majority
vote. One Committee member shall have one vote. In case of equality
of the votes, the Chairperson of the meeting shall be entitled
to a casting vote.
Section 28. The Committee
shall be entitled to appoint subcommittees to consider or undertake
any task assigned by the Committee and Section 27 shall apply to the
meetings of the subcommittees mutatis mutandis.
Section 29. The Commercial
Registration Department, Ministry of Commerce, shall act as the Secretary
Office of the Committee and shall have the following authority:
(1) Performing work in accordance with the
resolutions of the Committee or as assigned by the Committee;
(2) Presenting opinions to the Committee regarding
the foreign business operation in Thailand for the benefit
of the study, information compilation, and preparation of
reports to the Minister; and
(3) Performing general administrative work
of the Committee.
Section 30. The Registrars
and the Competent Officers shall have the authority:
(1) To inquire in writing or summon any person
for explanation of any facts, including submissions of documents
or evidence necessary for verification of the facts;
(2) To enter the place where the foreigners
operate the business during business hours to inspect and
ensure the compliance with this Act provided an approval in
writing must first be obtained from the Director-General except
in case of utmost emergency. In performing the duty, they
shall have the authority to inquire the facts or demand any
documents or evidence necessary for the examination of the
facts from the persons staying in the said place.
In performing the duty under (2), the proprietor
or the possessor of the place shall reasonably assist the
registrars and the competent officials. In this regard, the
registrars and the competent officials shall not act in a
threatening manner or in a searching manner under the Criminal
Procedure Code and shall give a notice in writing to the proprietor
or the possessor of the place not less than three days in
advance, except in case of utmost emergency and, upon the
completion of the duty, a written report of the result shall
promptly be made to the Minister.
Section 31. If any person
requests an examination or copy of the documents or requests the registrars
to make copies or photocopies together with a certification thereof
or requests the registrars to certify the statements kept by the registrar,
the registrar shall rapidly grant a permission, except where the documents
by its nature are prohibited by law governing official information or
other laws from being disclosed. The applicant shall pay the fees as
prescribed in the ministerial regulations.
Sections 32. The competent
officials must have identity cards in accordance with the form prescribed
in the ministerial regulations. In carrying out the duty, the competent
officials must present the identity cards to the persons concerned.
Section 33. In carrying
out the duty under this Act, the Committee members, the Director-General,
the registrars, the competent officials, and the persons carrying out
the duty jointly with the competent officials shall be the competent
officials under the Criminal Code.
Section 34. Any foreigner
granted with the license or certificate whose license being suspended
or revoked or being ordered to stop the licensed business operation
and having lost the right to appeal or being ordered by the Minister
with a final decision to suspend or revoke the license or to stop the
business operation still carries on the business operation shall be
punishable with an imprisonment of not exceeding three years or a fine
from 100,000 Baht to 1,000,000 Baht or both, and also a fine of 10,000
Baht per day throughout the period of violation.
Section 35. Any foreigner,
being grated the license to operate any business under this Act, takes
part in a business owned by other foreigners not permitted to operate
the business under this Act or operates the business jointly owned by
such other foreigners by showing that he is the sole owner of the business
in order for such other foreigners to avoid or violate the provisions
of this Act, shall be punished with an imprisonment of not exceeding
three years or a fine from 100,000 Baht to 1,000,000 Baht or both and
the Court shall order the dissolution of such joint business or business
operation. Any violation of the Court's order, it is punishable with
a fine of 10,000 Baht to 50,000 Baht per day throughout the period of
violation.
Section 36. Any Thai
national or juristic person that is not a foreigner under this Act,
aiding or abetting or taking part in the business operation of the foreigners
whose business falls under the Lists attached hereto and the foreigners
are not permitted to operate the business or taking part in the business
operation of the foreigner by showing that he or it is the sole owner
of the business or holding shares on behalf of the foreigners in any
partnership or limited company or juristic person in order for the foreigners
to operate the business in avoidance of or violation to the provisions
of this Act, including the foreigners allowing Thai nationals or juristic
persons that are not foreigners under this Act to do so, shall be punished
with an imprisonment of not exceeding three years or a fine from 100,000
Baht to 1,000,000 Baht or both, and the Court shall order a stoppage
of the aiding or abetting or order a stoppage of the joint business
operation or order a stoppage of share holding or a cessation of the
partnership as the case may be. Violators of the Court's order shall
be subject to a punishment with a fine of 10,000 Baht to 50,000 Baht
per day throughout the period of violation.
Section 37. Any foreigner
who operates a business in violation of Sections 6, Sections 7, and
Sections 8 shall be punishable with an imprisonment of not exceeding
three years or a fine from 100,000 Baht to 1,000,000 Baht or both and
the Court shall order a stoppage of the business operation or the dissolution
of the business or order a cessation of the shareholding or partnership
as the case may be. Violator of the Court's order shall be subject to
punishment with a fine of 10,000 Baht to 50,000 Baht per day throughout
the period of violation.
Section 38. Any foreigner
who operates the business in violation of Section 14 or in violation
of the conditions under Section 18 (3) shall be subject to a punishment
with a fine from 100,000 Baht to 1,000,000 Baht and a fine of 10,000
Baht to 50,000 Baht per day throughout the period of violation.
Section 39. Any licensee
or certificate grantee not complying with paragraph two or paragraph
three of Section 21 or violating Section 22 shall be subject to a punishment
with a fine of not exceeding 5,000 Baht.
Section 40. Any person,
not complying with the inquiry letters or summons of the registrars
or competent officials or not giving facts or not submitting documents
or evidence upon being inquired or summoned for examination by the registrars
or competent officials or not assisting the registrars or competent
officials under Section 30 without due reasons shall be subject to a
punishment with a fine of not exceeding 5,000 Baht.
Section 41. In the case
where the juristic person commits the offense under Section 35, Section
36, and Section 37, the directors, partners or persons authorized to
act on behalf of juristic person collaborate with such offense or do
not reasonably manage to prevent such offense shall be subject to an
imprisonment of not exceeding three years or a fine from 100,000 Baht
to 1,000,000 Baht or both.
Section 42. In case of
the offenses under Section 39 and Section 40, the Director-General or
the persons assigned by the Director-General shall be empowered to settle
the case by fining. Upon the accused having paid the fine in accordance
with the amount settled by the Director-General or his assignees within
30 days of the date of settlement, such case shall be settled.
Section 43. All royal
decrees, ministerial regulations, notifications, and orders being in
force on the date this Act becomes effective shall still be in effect
to the extent that they are not conflicting with or are contradictory
to the provisions of this Act until the royal decrees, ministerial regulations,
notifications, and orders issued under this Act are in effect.
Section 44. The foreigners,
being granted with the rights or permitted to operate the businesses
under Announcement No. 281 of the National Executive Council dated November
24, 1972 prior to this Act coming into force, shall be entitled or permitted
to continue the operation of the business in accordance with the conditions
and periods stated in the granted rights or permits.
Section 45. Foreigners
who have been operating the businesses prescribed in the Lists attached
hereto on the date on which this Act comes into force and the businesses
did not fall within any of lists attached to Notification No. 281 of
the National Executive Council dated November 24, 1972 and wish to continue
operating the businesses shall notify the Director-General in order
to obtain a certificate in accordance with the rules and procedures
described in Section 11 within one year of the date on which this Act
comes into force. While the foreigners have not obtained the certificates,
they shall not be treated as foreigners who operate the businesses without
permission under this Act.
Section 46. The Minister of Commerce shall be
in charge and control of this Act and shall be empowered to appoint
the registrars and competent officials and to issue the ministerial
regulations prescribing the fees within the limits of the rates
attached hereto as well as to give fee exemption and to designate
other business to implement this Act.
The ministerial regulations shall come into force
following publication in the Government Gazette.
Countersigned:
Chuan Leekpai
Prime Minister
Fees
1. License application
(a) License application under Section 7 = 1,000 Baht
(b) License application under Section 17 = 2,000 Baht
(c) Certificate application under Section 11 or Section 12
= 2,000 Baht
2. License
(a) License under Section 7 = 5,000 Baht
(b) License for List Two Businesses
(1) Natural persons = 40,000 Baht
(2) Juristic persons = 10 Baht for each registered capital
of 1,000 Baht with the minimum of 40,000 Baht and the maximum
of 500,000 Baht; fraction of 1,000 Baht is treated as 1,000
Baht.
(c) License for List Three Businesses
(1) Natural persons = 20,000 Baht
(2) Juristic persons = 5 Baht for each registered capital
of 1,000 Baht with the minimum of 20,000 Baht and the maximum
of 250,000 Baht; fraction of capital of 1,000 Baht is treated
as 1,000 Baht.
3. Certificate = 20,000 Baht
4. Replacement of License or Certificate = 5,000 Baht
5. Appeal
(a) Appeal against disapproval order under Section 7 = 1,000
Baht
(b) Appeal against disapproval order under Section 17 = 2,000
Baht
(c) Appeal against suspension or revocation of License or Certificate
under Section 20 = 2,000 Baht
6. Notification on closure or relocation of office or business
premises 1,000 Baht
7. Application for amendment to the particulars in the registration
or License or Certificate 1,000 Baht
8. Searching or copying of documents 200 Baht for each item
9. Certified copies or certified photocopies 100 Baht a page
10.Certificate for registered statements 100 Baht for each item
Lists Attached to the Foreign
Business Act B.E. 2542 (1999)
LIST ONE
The businesses not permitted for foreigners to
operate due to special reasons:
(1) Newspaper business, radio broadcasting
or television station business.
(2) Rice farming, farming or gardening.
(3) Animal farming.
(4) Forestry and wood fabrication from natural
forest.
(5) Fishery for marine animals in Thai waters
and within Thailand specific economic zones.
(6) Extraction of Thai herbs.
(7) Trading and auctioning Thai antiques or
national historical objects.
(8) Making or casting Buddha images and monk
alms bowls.
(9) Land trading.
LIST TWO
The businesses related to the national safety or
security or affecting arts and culture, tradition, folk handicraft
or natural resource and environment.
Group 1: The businesses related to the national
safety or security
(1) Production, selling, repairing and maintenance
of:
(a) firearms, ammunition, gun powder, explosives.
(b) Accessories of firearms, ammunition, and
explosives.
(c) Armaments, ships, air-craft or military
vehicles.
(d) Equipment or components, all categories
of war materials.
(2) Domestic land, waterway or air transportation,
including domestic airline business.
Group 2: The businesses affecting arts and culture
traditional and folk handicraft:
(1) Trading antiques or art objects being Thai
arts and handicraft.
(2) Production of carved wood.
(3) Silkworm farming, production of Thai silk yarn,
weaving Thai silk or Thai silk pattern printing.
(4) Production of Thai musical instruments.
(5) Production of goldware, silverware, nielloware,
bronzeware or lacquerware.
(6) Production of crockery of Thai arts and culture.
Group 3: The businesses affecting natural resources
or environment:
(1) Manufacturing sugar from sugarcane;
(2) Salt farming, including underground salt;
(3) Rock salt mining;
(4) Mining, including rock blasting or crushing;
(5) Wood fabrication for furniture and utensil
production.
LIST THREE
The business which Thai nationals are not yet ready
to compete with foreigners:
(1) Rice milling and flour production from rice
and farm produce.
(2) Fishery, specifically marine animal cultures.
(3) Forestry from forestation.
(4) Production of plywood, veneer board, chipboard
or hardboard.
(5) Production of lime.
(6) Accounting service business.
(7) Legal service business.
(8) Architecture service business.
(9) Engineering service business.
(10) Construction, except for:
(a) Construction rendering basic services to
the public in public utilities or transport requiring special
tools, machinery, technology or construction expertise having
the foreigners' minimum capital of 500 million Baht or more.
(b) Other categories of construction as prescribed
by the ministerial regulations.
(11) Broker or agent business, except:
(a) Being broken or agent for underwriting
securities or services connected with future trading of commodities
or financing instruments or securities.
(b) Being broker or agent for trading or procuring
goods or services necessary for production or rendering services
amongst affiliated enterprises.
(c) Being broker or agent for trading, purchasing
or distributing or seeking both domestic and foreign markets
for selling domestically manufactured or imported goods in
the manner of international business operations having the
foreigners' minimum capital 100 million Baht or more.
(d) Being broker or agent of other category
as prescribed by the ministerial regulations.
(12) Auction, except:
(a) Auction in the manner of international
bidding not being the auction of antiques, historical artifacts
or art objects which are Thai works of arts, handicraft or
antiques or having the historical value.
(b) Other categories of auction as prescribed
by the ministerial regulations.
(13) Internal trade connected with native products
or produce not yet prohibited by law.
(14) Retailing all categories of goods having the
total minimum capital less than 100 million Baht or having the
minimum capital of each shop less than 20 million Baht.
(15) Wholesaling all categories of goods having
minimum capital of each shop less than 100 million Baht.
(16) Advertising business.
(17) Hotel business, except for hotel management
service.
(18) Guided tour.
(19) Selling food or beverages.
(20) Plant cultivation and propagation business.
(21) Other categories of service business except
that prescribed in the ministerial regulations.
Law and Rules 
