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How hard to obtain a work permit in Thailand?


dean

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It seems that neither a retirement or a marriage one year visa will excuse me from paying duty on the goods shipped but a one year work permit will.

 

Bear in mind that a work permit is entirely different than any visa. There is no visa you can obtain outside of Thailand that legally allows you to work in Thailand. In the US and most countries around the world, you can get a visa outside the country that allows you attend meetings, conduct inspections, etc. on a short-term basis, but not in Thailand. Here, you need a work permit, which can only be obtained within Thailand.

 

I don't know what you need to import goods into Thailand (I suspect you do need a work permit), but I think you should perfectly clear on this fundamental distinction. Also, customs clearance will be handled by Thai Customs, and I am not sure I would rely on advice from an Embassy about Thai Customs.

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To bring things up to date; I didn't get a work visa because Thai officials convinced me that I'd spend more time and money keeping it current. I've had a hell of a time with the shipping company from Long Island, New York (Omega shipping Company). They are the mosst imcompetant, lying bas***** that I've ever had to deal with (I've told them that they asre, without doubt, the worst company that I've ever had to deal with). The shipping company in Chaing Mai that I usually deal with wil take over the shipment once it clears customs in Bangkok tomarrow. The big "if" is whether it does clear customs. In dealing with Omega, many promises were made and not kept, so I decided to cut loses at $8,235.00 and have the deliver to Bangkok Port only. They did such a poor job of filing out the packing form and the bill of lading that I was charged $3,000 (35%) in duty, instead of around $1,000, which is what I expected as I only sent used furniture which should have a duty of 10%. I told my shipping company to offer Thai customs officials a "gratuity" of 35-40,000 baht. If that doesn't work, I doubt if I'll pay the $3,000. If that means giving up the contents of the container, so be it! What I wouldn't wish on my worst enemy is the experience of shipping with Omega shipping Company to Thailand. I'll report on the final outcome when it happens.

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Not doubting your expeience with Omega by Thai Customs are the worst in the world.

 

I expected a few years back to pay 7% VAT on a pile of leaflets a over seas company sent me.

 

Turns out they valued the leaflets for a stoopid amount, THEN they hit me with a 40+% import as it was printed paper.

 

Used furniture just may have 35% import duty.

 

Any way you can check so you don't get a surprieze from the local side? I always UNDER value things I am sending.

 

DOG

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As usual, blame Thai Customs but in reality it has probably nothing to do with them!

 

Personal effects for a foreigner without a work permit are subject to full duty based on assessed value of the goods. Assessed value in accordance to GATT regulations can mean replacement cost - so in this case that is why the value can be so high. That is Thai Customs law.

 

Brochures and all printed material are subject to restrictive duty, again in accordance to Thai Customs Law. The value has nothing to do with the material or the perceived valued of the brochures - but instead it is based on the weight of the consignment. The actual duty amount is based on a pre-defined value of THB 210 per kilogram, and duty is 30% of that, VAT 7% of the value (THB 210) plus the duty.

 

So, "they" (Thai Customs) are only following the law.

 

 

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I spent two months, October and November, trying to get an answer to my question of how much I would be charged for my used, Thai rosewood furniture in duty at Bangkok Port. I even asked that question on this board and was offered the piece of advise that I should offer a "gratutity" of 40,000 B to customs officers. I saw a figure of 10% on the Thai customs website for household effects (not electronic items or vechicles). I don't read Thai, so I only read what was in English. I asked two Thai shippers and they said it was high and not to send it. I should have taken their advise but all I could see was my furniture sitting in storage for a year or two at $400 a month and up. All I wanted in advance of the shipment was a ballpark figure of what the duty would be and no one could ever give me one. My problem with Omega is that they said they were a full service international moving company and charged a premimum price for expert service and advise. It turns out that I could have saved $3,500- $4,000 of what they charged and shiped it myself and gotten better service. By the way, it should have left Hong Kong this week on its way to Bangkok, 13 weeks after the container was loaded in Kansas City (Dec. 28). They were supposed to ship it from L.A. instead of N.Y. From L.A., it takes 28-30 days to reach Bangkok. I believe that this ship must have hit every port in Asia before hitting Bangkok, which doesn't bother me too much from the standpoint of time but I know that the longer that a container is in shipment, the greater chance there is of damage. By the way, Omega doesn't take credit cards; only checks and cashier's checks in advance. I'll think of something futile to do to them. In the meanwhile, I'll report my dissatisfaction to the attorney general's department of Kansas and N.Y., the BBB in N.Y. and several other places to cause them some loss of business.

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By the way, the fourth date of landing at Bangkok port is this Monday. The other dates given by Omega were February 5, March 1 and March 15. UPS and Fed-ex do a better job of tracking than Omega. My two shipments from Chiang Mai last year arrived with in 6 weeks of loading and the arrival date given was with in 1-2 days of the actual arrival date.

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I spent two months, October and November, trying to get an answer to my question of how much I would be charged for my used, Thai rosewood furniture in duty at Bangkok Port. I even asked that question on this board and was offered the piece of advise that I should offer a "gratutity" of 40,000 B to customs officers.

 

I don't have an answer to your problem, but re-reading this thread and recognizing some of the posters (from posts in other forums), I was struck by one thing: how priorities here are sp ass-backwards. Not yours. But the government's and some apologists for its policies.

 

Your experience is exactly the sort of crap that puts off serious investors here. Oh, they might invest some here, but they invest less and require a higher return before they do invest because of this sort of nonsense. And then some here suggest you solve the problem by offering bribe. Yeah, that's wise advice. What happens when you are blackmailed after paying the bribe (standard operating procedure here)?

 

Meanwhile, while this sort of crap is considered completely acceptable, the government sees a major crisis because foreigners own too many businesses in Thailand, and now wants to change the Foreign Business Act to force foreginers to sell off their shares cheap to local parties.

 

Seeing this thread after reading the Thai newspapers today and reading some of the stuff posted by apologists of local policy ("do things the Thai way" - isn't that kind of insulting to Thais?) here really drove home that point.

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Gadfly,

 

Not sure who you are talking about, but I see a contradiction in your posts now.

 

You always say that Thai government should have more transparency and "rule of law" - but when they do just that - you cry foul.

 

Thai Law is clear and a bit of research would get you to the Thai Customs page.

 

The example given, the problem is not with the company in the US, but in their local office here (plus the shipping line they used to send the cargo). The poster would be better off to handle the clearance himself, so you need to accept what value you place on your time compared with having a company handle for you.

 

Now, go back to your Foreign Business Act example - and now let's name one example of a Company that will be affected by the present changes announced. Does it affect any big manufacturer or exporter? Nope - they don't fall under the restricted areas of business. I understand that foreign embassies are complaining, but seem to be something that they think they must do - but really what is the point?

 

I don't know the thinking of MNC when they decide to invest or not to invest in a country - but for sure the problems with Personal Effects for non Work Permit foreigners is not an issue. Thailand is a Customs paradise compared with China, Vietnam and The Philippines right now.

 

Cheers!

 

Importing Personal and Household Effects

Personal Effects refer to items clearly identifiable as personal use, such as clothes, shoes, books, etc. These items at the time of his/her entry into the Kingdom of Thailand are exempted from customs duties. However, such items do not include automobiles, weapons and ammunition, and food items.

 

Personal effects not granted exemption from payment of customs duty

Pets. Pets brought into the Kingdom of Thailand are not exempted from customs duties. A permit must be granted from the Livestock Department prior to the date of entry.

Food. Any person wishing to bring food items into the Kingdom of Thailand must obtain a permit from the Food and Drug Administration, Ministry of Public Health.

Weapons. A permit must be granted from the Department of Provincial Administration.

Automobiles. A permit must be granted from the Commerce Ministry and the Department of Industrial Works, Ministry of Industry.

 

Household Effects refer to other properties not considered personal effects and which were in the ownerâ??s possession prior to his/her change of residence, such as televisions, refrigerators, air conditioners, household decorations, etc., which have been previously used. In the case of individuals entering the Kingdom of Thailand, only one unit each of such item is eligible for tax and duty free allowance. In the case of a family change of residence, two units each of the items will be allowed to bring in tax and duty free. Items may be imported free of tax. Any excess unit shall be subject to regular taxes and are charged according to the most highly priced unit or the unit subject to duties the highest tax rate respectively.

Items must arrive in the Kingdom of Thailand not more than one month prior to the ownerâ??s arrival or not more than 6 months after his/her arrival and/of the necessary permits are obtained.

Documentation

1. Passport

2. Bill of Lading or Airway Bill

3. Invoice (if any)

4. Delivery Order

5. Inventory or purchase document

6. Customs Permit (if items shipped by air)

7. Identity Card (in the case of personal items)

8. Proof of Change of Residence

8.1 Foreigners must have documentary proof of having received permission to work or reside in Thailand for not less than 1 year. This includes a work permit from the Department of Employment, Labor Ministry, of a visa from the Immigration Department.

8.2 Thai nationals must present proof of having lived abroad for a period of not less than one year.

9. If you are unable to complete these customs procedures yourself, you must provide a letter of proxy appointing someone else to act on your behalf.

Clearance Procedures

1. The importer/agent submits documents for inspection at the Customs Department/port of entry.

2. Customs officials complete importation forms, determine eligibility, and assess duties, if any.

3. Importation forms are returned to the importer/agent bringing goods into the country, who then takes them to be recorded and pay customs duties, if any.

4. Importer/Agent Collects Items from the port of entry.

 

 

 

 

 

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To supplement what PM wrote note also that those making investments in cooperation with BoI are not under the Foreign Business Act (except list 1 and a few other - see the quote down)

 

Proposed Changes to Foreign Business Act Don't Affect BOI Scheme

 

 

 

BOI affirms that the BOI investment promotion scheme will not be affected by the proposed changes to the Foreign Business Act.

 

 

 

Mr. Satit Chanjavanakul, Secretary General of the Board of Investment (BOI), said that the approval of the Cabinet on the amendment to the Foreign Business Act does not interrupt the Board's investment promotion policies and procedures. According to the Investment Promotion Act, the BOI allows foreign equity par ticipation up to 100 percent in all activities eligible for investment promotion, except those specified in list 1 whereby BOI has already required Thai majority ownership, and in activities that fall under specific laws such as telecommunications, and marine, air and land transport.

 

 

 

Therefore, companies that have already received or seek BOI investment promotion will not be subject to the proposed ownership rule revision, except those in the activities mentioned above. Currently, there are 7 categories covering over 273 activities in both manufacturing and services eligible for BOI promotion.

 

Link

 

 

That's the reason why japanese and under MNC see Thailand as one of the best countries to starting up manufacturing subsidiaries.

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