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PUBLICATIONS
NEWSLETTERS
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SETTING
UP COMPANY IN THAILAND
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What
are required registrations and licenses? |
Government
Labor Registration
A company with a minimum of 10 regular
employees is required to establish written rules and regulations
governing work performance in Thai language. A copy of the
rules must also be submitted to the Director General of the
Labour Department, and displayed on the work premises within
15 days of the date on which the number of employees has reached
10 or more.
An
employer with 10 or more regular employees is also required
to maintain an employee register in Thai language with documents
pertaining to the payment of wages, overtime, holiday work,
etc.
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Foreign Business Licenses
Businesses
subject to the Foreign Business Act are classified into three
categories: List 1, List 2 and List 3.
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List
1 consists of consists of businesses strictly
prohibited to foreigners with special reasons. |
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List
2 consists of businesses concerning national
safety and security, business affecting art and culture,
tradition, and folk handicraft or the business affecting
natural resources or environment. |
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List
3 consists of businesses in which Thai nationals
are not ready to compete. |
A
license for businesses under List 2 and List 3 may be obtained
from the Ministry of Commerce with the approval of the Cabinet
and the Director General with the consent of the Foreign Business
Board respectively. Conditions attached to foreign business
licenses are minimum capital of 3,000,000 Baht (Non-restricted
foreign businesses require a minimum capital of 2,000,000
Baht), minimum debt/equity ratio, number of foreign directors
resident in Thailand, amount of period of investment, technology
and assets, etc.
For List 2 businesses, Thai persons must own a minimum of
40 percent of the shares and at least 2/5 of the directors
must be Thai.
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Social Security Fund
The Social Security Scheme is operated
according to the Social Security Act B.E. 2533 (A.D.1990)
and its Amendment B.E. 2537(A.D.1994) and B.E. 2542 (A.D.1999).
The employers with one or more employee have to submit the
registration forms within 30 days by themselves or authorized
person at the Social Security Office (SSO). The employers
also have to inform the Office by filling forms when the number
of employees increases and decreases.
The contribution made to the Fund is from employers, employees,
and government. Employers must deduct 4% of an employee’s
monthly wage, and contribute the same amount of employee.
With monthly wage at minimum and maximum of Baht 1,650 and
Baht 15,000 respectively, the monthly contribution is ranged
from Baht 66 to Baht 600.
*Note:
the rate will change to 5% from January 1, 2004 onwards.
The benefits for registered employees cover Sickness of Injuries
Benefit, Maternity Benefit, Invalidity Benefit, Death Benefit,
Child Allowance and Old-Age Benefit. A Company should study
the details of each benefit and understand the qualified conditions
to receive each benefit. |
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Workmen’s Compensation Fund
Workmen’s Compensation Fund (WCF)
is set up according to the Workmen’s Compensation Act.
The Fund is to replace employer’s liability and to protect
employees against injury, disease, disability, or death resulting
from employment.
WCF must be registered at the same time of registration of
Social Security Fund, i.e. within 30 days from the date of
the establishments have 1 or more employees.
Employers make the contribution annually and the amount of
contribution will be assessed by WCF, which is calculated
from total wages of employees multiplied by contribution rate
of that type of business. The contribution rate from 0.2%
to 1.0% of wages is based on risk rating of establishment
type classified by industrial classification. The rate may
change in the fifth year of contribution depending upon the
accident record of their business.
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Tax Registration
Businesses that are required to pay
income tax must obtain a tax I.D. card and number for the
company from the Revenue Department within 60 days of incorporation
or start of operations. Business operators earning more than
1,200,000 Baht per annum must register for Valued Added Tax
with in 30 days of the date they reach 1,200,000 Baht in sales
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Factory License
Governed by the Ministry
of Industry, the Factory Act of 1969 (latest amended in 1992)
stipulated regulations for factory construction and operation,
factory expansion and safety requirements. A license may be
required from Ministry of Industry for some factories prior
to operation while some other factories do not require licensing
or only require advance notification to officials before the
start of operations. In general, the degree of government
control depends on the degree of environmental protection.
Licenses granted are valid until the end of the fifth calendar
year from the year in which the business started operations,
unless the factory is transferred, leased or subject to hire
purchase, or if operations stop. In these cases, the license
is regarded as having expired when a license is issued to
the factory’s new operators or when the operations are
ceased. Prior to the date of expiration, a Company must submit
an application for renewal of licenses together with a fee
of 100,000 Baht. If an application is submitted after the
expiry date but within 60 days, it will be processed normal,
however, with an additional fee of 20,000 Baht.
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