Thailand Law Library

by Thailand Lawyer

The provisions of section 5, section 8, section 15, section 17 and section 18 shall not apply to foreigners operating businesses specified in the Lists annexed hereto upon permission granted pro tempore by the Government of the Kingdom of Thailand.

Foreigners operating businesses specified in the Lists annexed hereto by virtue of a treaty to which Thailand becomes a party or by which Thailand is bound in consequence of obligations therefrom shall be exempt from the application of the provisions of the sections specified in paragraph one and shall be governed by the provisions of and conditions set forth in such treaty, which may, inter alia, confer upon Thai nationals or Thai enterprises the right to operate businesses in the countries of nationality of such foreigners as a matter of reciprocity.

Foreigners under section 10 who intend to operate businesses specified in the Lists annexed hereto shall notify the Director‐General in accordance with the rules and procedures prescribed in the Ministerial Regulation in order to obtain certificates, and the Director‐General shall issue certificates to such foreigners without delay but no later than thirty days as from the date of receipt of their written notification, unless the Director‐General considers that the notification is not in accordance with the rules and procedures prescribed in the Ministerial Regulation or that it is not in accordance with section 10, in which case the Director‐General shall notify such foreigners thereof without delay but no later than thirty days as from the date of receipt of their written notification.

The certificates shall also indicate conditions prescribed by the Government or prescribed in the treaty.

In the case where the business of the foreigner who is promoted under the law on investment promotion or granted written permission for the operation of the industry or the operation of trade for export under the law on the Industrial Estate of Thailand or under other laws is the business specified in List Two or List Three annexed hereto, such foreigner shall notify the Director‐General in order to obtain a certificate.

When the Director‐General or the entrusted competent official has examined validity of the investment promotion certificate or written permit, the Director‐General shall issue a certificate without delay but no later than thirty days as from the date of receipt of the notification of the acquisition of the investment promotion certificate or written permit, as the case may be. In this case, such foreigner shall be exempt from the application of this Act, with the exception of section 21, section 22, section 39, section 40 and section 42, throughout the period in which the business in question is under investment promotion or under permission for the operation of the industry or the operation of trade for export, as the case may be.

The issuance of the certificate under paragraph one shall be in accordance with the rules and procedures as prescribed by the Director‐General.

In the case where there exist other laws which govern shareholding, partnership or investment of foreigners, permission or prohibition of the operation of certain businesses vis‐a‐vis foreigners or which prescribe rules in connection with the operation of businesses of foreigners, such laws shall prevail and the provisions of this Act shall not apply to matters insofar as they are specifically provided by other laws.