Tuesday, August 5, 2014

Yes, imprisonment from one year to ten years and fine from twenty thousand to a hundred thousand baht or both. Usually the court tends to inflict an imprisonment term rather than for a case of two choices of punishment like this. The holder of the forged passport is liable for the same punishment as the person forging it.

A person having faked passports for sale shall be punished with very high imprisonment from three years to twenty years. Moreover, a person having two or more faked passports is deemed by law to have them for sale. 
Any person importing or exporting faked passports shall be punished with imprisonment term of one year at least but not more than ten years.

A person using another person’s passport in a way that is likely to cause damages to others or public shall be imprisonment not more than ten years.

Counterfeiting a visa or using a faked one shall be punished with much higher punishment than general documents: imprisonment not lower than one year but not more than ten years. 

By KRAIVIT BUSINESS AND ESTATE LAW OFFICE : 
WWW. K- HUAHINLAWYER.COM

Wednesday, May 28, 2014

Thailand Retirement Visa

A retirement visa  is available for people 50 or over and allow for a single stay of one year with an extension inside Thailand. Apply at any Thai consulate for a Non-immigrant Visa category O-A. This is a Non-O visa pre-approved for retirement. When applying, state the reason for the visa as "To plan for permanent retirement." When entering Thailand, permission to stay will be given for 90 days.
During the last 30 days of your permitted stay, apply at your local Immigration office for an annual extension for the purpose of  retirement 
To apply using either method, you will need the following:
Three copies of application form TM.7
Original and copy of passport with validity remaining of not less than 18 months.
Three passport-sized photos of the applicant taken within the past six months. There is a 500 baht fee to have the photos made.
Letter from your embassy saying you wish to retire in Thailand. Make a copy of the letter; you can use it in future extensions. Immigration will accept a copy, but they want to see the original.
Verification stating that the applicant has no criminal record, issued from the country of nationality or residence. The verification shall be valid for not more than three months and should be notarized by your embassy if applying in Thailand. If applying for an O-A visa in your home country, you will need a letter from the police stating you have no criminal record and you are not wanted by the police.
Proof of a sum of 800,000 baht (or equivalent in another major currency) in a Thai bank bearing your name, or an income of not less than 65,000 baht per month or a combination of the two. For example: 400,000 baht in the bank and 32,500 baht per month income. Money in the bank must have been in your bank account for at least 3 months prior to application to prove that the money wasn't borrowed to get the visa extension. You will need to show a bank statement or bank certified letter, not just your bank book. If applying for an O-A visa in your home country, you will need to show the equivalent amount of money in a bank in your home country. A bank statement will usually suffice.
If the applicant is in poor health or is sensitive to colder climates or has resided in Thailand for a long period, and is 50-59 years old, special circumstances may be given. The applicant must submit medical certificates and proof that he/she has lived in Thailand for a long time. Note: A medical certificate is no longer required for a retirement extension
The first time you get a retirement extension, your current visa (90 days) will be extended by about nine months, for a total of one year. Thereafter, the renewal is for one complete year periods and can be extended in Thailand at any Immigration office for 1,900 baht providing you maintain 800,000 baht in a Thai bank account or can show evidence of an income of 65,000 baht per month, or a combination of both.
The source of these funds must come from abroad, so when transferring money to your Thai bank account, it is necessary that you get a Foreign Exchange Transfer Form (FETF), formerly known as a Thor Thor 3, from your bank. If you are using foreign income as part of your financial proof, you must obtain from your embassy a notarized document indicating your annual income. This can be provided by the US Embassy for a fee of 1,200 baht. At the US Embassy American Citizens' Services desk, fill in an "income" form and submit it for notarizing. It may be wise to take tax returns and other proof of income, but apparently, this is not usually requested by the US. The UK and Australian embassies are more likely to review income sources. (Note: you will still have to show a "reasonable" amount in a Thai bank account, probably at least 200,000 baht.)
You should not allow your bank balance to fall below 800,000 baht (assuming you are not using foreign income) until your retirement extension is approved. Once approved, unless you have funds coming from abroad, it is preferable to periodically withdraw money from this account for living expenses or Thai Immigration may suspect you are working, which is strictly prohibited. Unfortunately, being married to a Thai citizen does not reduce the 800,000 baht or 65,000 baht per month requirement.
"Make a money transfer to a Thai bank from a foreign account. No matter how much pension income you have, Immigration wants to see the bank account. Just before you go for your extension, you will have to go to your bank and tell them you need a letter to Immigration for extending your visa. It's a pre-printed form. They need your passport with the visa stamp in it, which they will copy, and your bank book. In about ten minutes you'll have your letter, signed by the bank officer. It cost me 200 baht.
"Get the letter copied, along with your passport and your bank book, making sure to copy the first page and all the pages with entries. I suggest you get the letter the day or so before you go for your extension; it has to be timely. In addition, you will need a letter from a doctor or a clinic. I went to a clinic on Central Road in Pattaya, with my lady as interpreter, and said I needed a letter for Immigration stating that I did not have any of the five dreaded diseases. The doctor pulled out a form, asked if I was healthy, looked at my passport and visa, and for 200 baht copied the number down on the form, along with my name, and handed it to me. No examination, no check-up. The form was written in Thai, but I assumed it was what I needed, and it was.
"Next, the American Embassy. It's crowded and there's no place to park, I suggest you take public transportation, or a cab. Inside there are two windows. I got in line and asked the lady for the form I needed, then went into the adjoining room and filled it out. Basically it asks you to enter your monthly income. It's self-explanatory and very simple. I took all the W-2 forms, SS forms for the current year, and past three years. She didn't ask for any of that. I handed in the form and in less than ten minutes the lady called my name. I went to the window and she asked me if the statements on the form I filled out were the truth to the best of my knowledge, to which I answered yes. She had me sign the letter from the embassy stating that I was a US citizen, with x amount of income every month from the U.S. government and/or other sources. It goes on to say you are applying for an extension of a current Thai visa and any assistance you can provide, etcetera. I signed it in her presence; she signed it, stamp-dated it, and that was that; 1,200 baht. Make one or two copies of the original. Keep the original for next year. They will accept a copy but they want to see the original.
"Now you're ready to go to Thai Immigration. The one on Soi 5 in Jomtien was a snap. After I got everything together it took less than a half hour, but wherever you go, go early on Monday. They shuffle you around between three different officers, mostly women, but they were very polite, and most helpful. It cost 1,900 baht for the extension. And you have to  report every  90 days

A retirement visa  is available for people 50 or over and allow for a single stay of one year with an extension inside Thailand. Apply at any Thai consulate for a Non-immigrant Visa category O-A. This is a Non-O visa pre-approved for retirement. When applying, state the reason for the visa as "To plan for permanent retirement." When entering Thailand, permission to stay will be given for 90 days.

During the last 30 days of your permitted stay, apply at your local Immigration office for an annual extension for the purpose of  retirement 
To apply using either method, you will need the following:
Three copies of application form TM.7
Original and copy of passport with validity remaining of not less than 18 months.
Three passport-sized photos of the applicant taken within the past six months. There is a 500 baht fee to have the photos made.
Letter from your embassy saying you wish to retire in Thailand. Make a copy of the letter; you can use it in future extensions. Immigration will accept a copy, but they want to see the original.
Verification stating that the applicant has no criminal record, issued from the country of nationality or residence. The verification shall be valid for not more than three months and should be notarized by your embassy if applying in Thailand. If applying for an O-A visa in your home country, you will need a letter from the police stating you have no criminal record and you are not wanted by the police.

Proof of a sum of 800,000 baht (or equivalent in another major currency) in a Thai bank bearing your name, or an income of not less than 65,000 baht per month or a combination of the two. For example: 400,000 baht in the bank and 32,500 baht per month income. Money in the bank must have been in your bank account for at least 3 months prior to application to prove that the money wasn't borrowed to get the visa extension. You will need to show a bank statement or bank certified letter, not just your bank book. If applying for an O-A visa in your home country, you will need to show the equivalent amount of money in a bank in your home country. A bank statement will usually suffice.

If the applicant is in poor health or is sensitive to colder climates or has resided in Thailand for a long period, and is 50-59 years old, special circumstances may be given. The applicant must submit medical certificates and proof that he/she has lived in Thailand for a long time. Note: A medical certificate is no longer required for a retirement extension
The first time you get a retirement extension, your current visa (90 days) will be extended by about nine months, for a total of one year. Thereafter, the renewal is for one complete year periods and can be extended in Thailand at any Immigration office for 1,900 baht providing you maintain 800,000 baht in a Thai bank account or can show evidence of an income of 65,000 baht per month, or a combination of both.

The source of these funds must come from abroad, so when transferring money to your Thai bank account, it is necessary that you get a Foreign Exchange Transfer Form (FETF), formerly known as a Thor Thor 3, from your bank. If you are using foreign income as part of your financial proof, you must obtain from your embassy a notarized document indicating your annual income. This can be provided by the US Embassy for a fee of 1,200 baht. At the US Embassy American Citizens' Services desk, fill in an "income" form and submit it for notarizing. It may be wise to take tax returns and other proof of income, but apparently, this is not usually requested by the US. The UK and Australian embassies are more likely to review income sources. (Note: you will still have to show a "reasonable" amount in a Thai bank account, probably at least 200,000 baht.)
You should not allow your bank balance to fall below 800,000 baht (assuming you are not using foreign income) until your retirement extension is approved. Once approved, unless you have funds coming from abroad, it is preferable to periodically withdraw money from this account for living expenses or Thai Immigration may suspect you are working, which is strictly prohibited. Unfortunately, being married to a Thai citizen does not reduce the 800,000 baht or 65,000 baht per month requirement.

"Make a money transfer to a Thai bank from a foreign account. No matter how much pension income you have, Immigration wants to see the bank account. Just before you go for your extension, you will have to go to your bank and tell them you need a letter to Immigration for extending your visa. It's a pre-printed form. They need your passport with the visa stamp in it, which they will copy, and your bank book. In about ten minutes you'll have your letter, signed by the bank officer. It cost me 200 baht.
"Get the letter copied, along with your passport and your bank book, making sure to copy the first page and all the pages with entries. I suggest you get the letter the day or so before you go for your extension; it has to be timely. In addition, you will need a letter from a doctor or a clinic. I went to a clinic on Central Road in Pattaya, with my lady as interpreter, and said I needed a letter for Immigration stating that I did not have any of the five dreaded diseases. The doctor pulled out a form, asked if I was healthy, looked at my passport and visa, and for 200 baht copied the number down on the form, along with my name, and handed it to me. No examination, no check-up. The form was written in Thai, but I assumed it was what I needed, and it was.

"Next, the American Embassy. It's crowded and there's no place to park, I suggest you take public transportation, or a cab. Inside there are two windows. I got in line and asked the lady for the form I needed, then went into the adjoining room and filled it out. Basically it asks you to enter your monthly income. It's self-explanatory and very simple. I took all the W-2 forms, SS forms for the current year, and past three years. She didn't ask for any of that. I handed in the form and in less than ten minutes the lady called my name. I went to the window and she asked me if the statements on the form I filled out were the truth to the best of my knowledge, to which I answered yes. She had me sign the letter from the embassy stating that I was a US citizen, with x amount of income every month from the U.S. government and/or other sources. It goes on to say you are applying for an extension of a current Thai visa and any assistance you can provide, etcetera. I signed it in her presence; she signed it, stamp-dated it, and that was that; 1,200 baht. Make one or two copies of the original. Keep the original for next year. They will accept a copy but they want to see the original.


"Now you're ready to go to Thai Immigration. The one on Soi 5 in Jomtien was a snap. After I got everything together it took less than a half hour, but wherever you go, go early on Monday. They shuffle you around between three different officers, mostly women, but they were very polite, and most helpful. It cost 1,900 baht for the extension. And you have to  report every  90 days

Thursday, May 15, 2014

IS THE OFFENCE IN THE LABOR LAW COMPOUNDABLE?



Yes,  all  offences  under  this  Law  can  be  settled  through  payment  of  fine.  If  the  officer – in charge Is  of  the  opinion  that  the  offender  should  not  be  imprisoned,  he  or  she  shall  cause  the  case  to be settled  by  the  following personalities:
1.  In  Bangkok  by  Director – General  of  the  Labor  Welfare  Department  or  his  assignee;
2.  In  other  provinces  by  the  Provincial  Governor  or  his  assignee.
If  the  offender  does  not  consent  to  such  settlement,  or  has  consented  to  it  but fails  to  pay  the  fine  fixed  in  30  days,  the  case  shall  proceed  in  accordance  with  law.

By  huahin   Business   lawyer
www.k-huahinlawyer.com

Thursday, March 6, 2014

WORK PERMIT IN THAILAND

To legally work in Thailand, a foreigner must apply for a work permit. Work permit is a legal document that states a foreigner’s position, current occupation, or job description and the Thai company he is working with. It also serves as a license to perform a job or an occupation allowed for foreigners inside Thailand.

Foreigners entering Thailand are not permitted to work, regardless of their type of visa, unless they are granted a work permit. Those who intend to work in Thailand must hold the correct type of visa to be eligible to apply for a work permit.
To secure a work permit in Thailand, a foreigner needs an initial visa, which is a non-immigrant visa. The non-immigrant visa must be obtained before entering Thailand.

Once the foreigner has a non-immigrant visa, he may begin to process the work permit. The work permit process would take 7 business days to accomplish. Work permit application is processed in the Ministry of Labor office.

A foreigner is eligible to apply for a work permit as long as he has a non-immigrant visa or a resident visa, has an available employer who will provide documents for work permit, and the occupation he will perform is not prohibited to foreigners.
The applicant has to submit the following documents:
2 inches photo
medical certificate
original passport
letter of employment
certificate of degree
address in Thailand

The employer has to provide the following:
company certificate and objectives
list of shareholders
application for VAT
withholding tax of the company
financial statement
photocopy of the director’s passport and work permit with signature affixed
office map
letter of employment stating position and salary of applicant
employment agreement

Once granted, the foreigner has to bring the work permit all the time especially at the work place and during working hours. Please note that the foreigner can only perform the job stated in the work permit and on the specific employer.

Credit By Kraivit : huahin law office.
If you are in Thailand, Hua Hin, you can request a consultation  huahin solicator at K-huahinlawyer.com. 

HOW TO CHECK CONDOMINIUM UNIT BEFORE PURCHASING

In case the condominium is not yet completed:
1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.
2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.
3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.
4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.
 5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.
6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.
7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.


In case the condominium has already been completed:
 1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.
2.         Check and record the land deed’s number, layout plan of the building and the access of the building.
3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.
4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.
5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.
6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.
7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

In case the condominium is not yet completed:
1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.
2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.
3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.
 4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.
 5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.
 6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.
7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.

  In case the condominium has already been completed:
1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.
2.         Check and record the land deed’s number, layout plan of the building and the access of the building. 3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.
4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.
5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.
6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.
7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

 
Credit By Mr. Kraivit : Huahin law office.

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD


HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD
1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.
2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed may be a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.
3.         If not keep it with yourself, only entrust the land deed with someone you can trust.
4.         Avoid signing any blank document especially a power of attorney.
5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.
 6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.
 7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.
8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.
9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD
1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.
2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed maybe a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.
3.         If not keep it with yourself, only entrust the land deed with someone you can trust.
4.         Avoid signing any blank document especially a power of attorney.
5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.
6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.
7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.
8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.
9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)



Credit By Mr. Kraivit : Huahin law office.

LITIGATION

Generally, the lawsuit in Thailand is not much different from the other countries except that the Thai court seems to be strict with the court’s procedure. Therefore, the preparation of the case for both suing and defending must not focus only on the laws but also the procedure as well such as the procedure concerning the temporary protection order from the court before the making the judgment.

In case there is a breach of agreement, under the law, you have 2 options;
1) file the case enforcing the defendant to comply with the agreement and
2) terminate the agreement and file the case claiming the paid money and damages from the defendant. The temporary protection order from the court must be in line with the essence of such lawsuit, therefore, if the option 2 is taken and the agreement is terminated, it may not be able to ask for a temporary protection order and may cause a problem in the enforcement after winning the case because the defendant may not have any properties left for seize, for example; Mr. A made prospective sale and purchase agreement for a land with Mr. B by paying in installment. Mr. B then sold the land to Mr. C provided that Mr. C already knew of the agreement between Mr. A and Mr. B, which means, according to the law, Mr. C was not honest. Mr. A will have such abovementioned 2 options to take. If a bad option is taken and Mr. A sue the case requesting the revocation of the sale and purchase between Mr. B and Mr. C, during the proceeding of the court, Mr. C may transfer the land to the third party and the judgment in the case will not affect the third party. In the end, even if Mr. A win the case, Mr. A won’t have the land and may not get a money back from Mr. B because Mr. B may transfer or hide his properties away. This is just one of an example from a real story that can ruin your life if you don’t thoroughly understand the law. Our team is full with lawyers all graduated from the law school and the Thai Bar and have a lot of work experiences in both government and private sections, so our team possesses with profound and in-depth knowledge making us to be able to handle with many complicated cases including family case, business and trading case, real estate case, criminal case and more.

In  Thailand , Huahin.  You can contact Mr.Kraivit : Huahin Legalization