INVESTMENT PROMOTION ACT

INVESTMENT PROMOTION ACT

INVESTMENT PROMOTION ACT (NO. 3) B.E. 2544 (Chapter 3)



Rights and Benefits 

Section 24. Subject to the law on immigration, only in so far as it is not otherwise provided herein, the Board shall have the power to grant permission to foreign nationals for entry into the Kingdom for the purpose of studying investment opportunities or performing any other act benefiting investment for such a period of time to stay in the Kingdom as the Board may deem appropriate.

An application for permission shall be in accordance with the rules, procedure and forms prescribed by the Board. In granting permission, the Board may stipulate such conditions as deemed appropriate.

Section 25. Subject to the law on immigration, only in so far as it is not otherwise provided herein, a promoted person shall be granted permission to bring into the Kingdom foreign nationals who are

(1) skilled workers,

(2) experts,

(3) spouses and dependents of persons in (1) and (2) in such numbers and for such periods of time as the Board may deem appropriate even in excess of such quotas or period of

time permitted to stay in the Kingdom as prescribed by the law on immigration.

Section 26. Subject to the law on working of foreign nationals, only in so far as it is not otherwise provided herein, foreign nationals who are granted permission under section 24 and foreign nationals who are skilled workers or experts and who are permitted to stay in the Kingdom under section 25, shall be granted a work permit for a specific position approved by the Board for the period of permitted stay in the Kingdom.

Permission for Foreign Nationals to Enter the Kingdom for the Purpose of Studying Investment Opportunities or Performing any other Acts Benefiting Investment or Working in the Project that is in the Process of Investment Promotion Application or

Investment Promotion Certificate Issuance under Section 24

1. Timeframe for consideration

    1.1 The OBOI will consider the following applications within 10 working days:

          1.1.1 Permission for foreign nationals to enter the Kingdom to study investment opportunities

          1.1.2 Permission for foreign nationals to enter the Kingdom for performing acts benefiting the investment

          1.1.3 Permission for foreign nationals to enter the Kingdom for working in the project that is in the process of investment promotion application or investment promotion certificate issuance

          1.1.4 Permission to extend the period of stay in the Kingdom for studying investment opportunities or performing any other act benefiting the investment or working in the project that is in the process of investment promotion application or investment promotion certificate issuance

    1.2 The OBOI will consider the following applications within 7 working days:

          1.2.1 Visa stamp/change of visa type

          1.2.2 Permission to stay under the existing rights

This is from the date on which the OBOI receives a complete application form together with documents and supporting evidence.

2. Documents and supporting evidence that applicants are required to submit for consideration are as follows:

    2.1 Permission for Foreign Nationals for Entry into the Kingdom for the Purpose of Studying Investment Opportunities or Performing any other Act Benefiting Investment or Working in the Project that Is in the Process of Investment Promotion Application or Investment Promotion Certificate Issuance

          2.1.1 A company letter of intent with details

          2.1.2 A copy of the company registration certificate and a list of shareholders (in the case where the company is already established)

          2.1.3 One set of Form No. 02 and Form No. 03 (F FR TR 01) with complete information per person

          2.1.4 One copy of academic and work experience documents per person

          2.1.5 One copy of the applicant’s passport per person

          2.1.6 Additional documents (for each case)

          (1) Permission for foreign nationals to enter the Kingdom to study investment opportunities

               - Plan of project under opportunity study

               - A copy of evidence of contact with foreign or domestic agency or institute

          (2) Permission for foreign nationals to enter the Kingdom for acts benefiting the investment

               - Company’s organization structure

               - A copy of the company's financial statement

               - In the case of a chamber of commerce, evidence of the chamber’s establishment and the foreign national’s work assignment with the chamber must be attached.

         (3) Permission for foreign nationals to enter the Kingdom for working in the project that is in the process of investment promotion application or investment promotion certificate issuance

              - A copy of the investment promotion application or a copy of the OBOI’s letter of investment promotion notification or a copy of promotion acceptance form or a copy of the OBOI’s letter of approval for extension of promotion acceptance or document submission

    2.2 Permission to Extend the Period of Stay in the Kingdom for the Purpose of Studying Investment Opportunities or Performing any other Act Benefiting Investment or  Working in the Project that Is in the Process of Investment Promotion Application or Investment Promotion Certificate Issuance

          2.2.1 A company’s letter of intent with details

          2.2.2 A copy of the company registration certificate and a list of shareholders

          2.2.3 A copy of the previous approval letter

          2.2.4 Additional documents (for each case)

          (1) Permission for foreign nationals to extend the period of stay in the Kingdom for studying investment opportunity

               - Progress report of the project under opportunity study

          (2) Permission for foreign nationals to extend the period of stay in the Kingdom for performing acts benefiting the investment

               - Company’s financial statement and performance report

               - In the case of a chamber of commerce, evidence of the foreign national’s continued assignment must be attached.

         (3) Permission for foreign nationals to extend the period of stay in the Kingdom for working in the project that is in the process of investment promotion application or investment promotion certificate issuance

              - Additional document or evidence related to approval to extend a period of stay of foreign nationals to work in the project that is in the process of investment promotion application or investment promotion certificate issuance (if any)

    2.3 Request for Cooperation for Visa Stamp or Change of Visa Type

          2.3.1 A company letter of intent with details

          2.3.2 A copy of the company registration certificate and a list of shareholders

          2.3.3 One copy of academic and work experience documents per person

          2.3.4 One copy of the applicant’s passport per person

          2.3.5 Additional documents (for each case)

          (1) Permission for foreign nationals to enter the Kingdom to study investment opportunities

               - Plan of project under opportunity study

               - A copy of evidence of contact with foreign or domestic agency or institute

          (2) Permission for foreign nationals to enter the Kingdom for performing acts benefiting the investment

              - Company’s organization chart

              - A copy of the company's financial statement

              - In the case of a chamber of commerce, evidence of the foreign national’s continued assignment must be attached.

          (3) Permission for foreign nationals to enter the Kingdom for working in theproject that is in the process of investment promotion application or promotion certificate issuance

               - A copy of the investment promotion application or a copy of the OBOI’s letter of investment promotion notification or a copy of the promotion acceptance form or a copy of the OBOI’s letter of approval for extension of promotion acceptance or document submission

3. Every page of the documents must be stamped with the company’s seal and signed by the authorized person.

4. Applicants must submit the application form to Foreign Expert Services Division of the OBOI.

5. For further information, please directly contact Foreign Expert Services Division of the OBOI.



Procedure for bringing in Foreign Expert via e-Expert system (Section 25 of Investment Act.)

 Step 1. Apply for a Non-Immigrant visa Type B (Business) at the Royal Thai Embassy or Thai Consulate abroad. For more information please visit the website of The Ministry of Foreign Affairs:

www.mfa.go.th >> Consular Services.

 Step 2. Apply to BOI via e-Expert system after entering Thailand. For more information please visit the website of Thailand Board of Investment:

www.boi.go.th >> INVESTMENT PROMOTION >> Procedures >> Procedure to Bring in Foreign Experts

>>Procedure to Bring in Foreign Experts

 Step 3. Apply for a Work Permit to the Employment department at One Stop Service Center for Visa and Work Permit in Bangkok or Provincial office after having gotten an approval document from BOI on step 2.

 Step 4. Apply for Stay Permit to Immigration at One Stop Service Center for Visa and Work Permit in Bangkok or Immigration in the company zone after having gotten an approval document from BOI on step 2

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