All you foreigners living and working in Thailand will need to keep this one in mind, it's all about your Work Permits:


[Translation]


WORKING OF ALIENS ACT,
B.E. 2521 (1978)
________________




BHUMIBOL ADULYADEJ, REX.
Given on the 8th Day of July B.E. 2521,
Being the 33rdYear of the Present Reign.


His Majesty King Bhumibol Adulyadej is graciously pleased to
proclaim that:
Whereas it is expedient to revise the law on working of aliens;
Be it, therefore, enacted by the King, by a, Part and with the advice and
consent of the National Legislative Assembly as follows:

Section 1. This Act is called the "Working of Aliens Act, B.E.
2521."

Section 2. This Act shall come into force as from the day
following the date of its publication in the Government Gazette.*


Section 3. The Announcement of the National Executive
Council No. 322, dated 13th December B.E. 2515 shall be repealed.


Section 4. This Act does not apply to performance of specific
duty by aliens in the Kingdom in the following capacities:
(1) as members of a diplomatic mission;
(2) as members of a consular mission;
(3) as representatives of member countries and officials of the
United Nations and specialized institutions;
(4) as personal servants coming from foreign countries to work
regularly for persons in (1) or (2) or (3)
(5) as persons who perform duty or mission under an agreement
concluded between the Government of Thailand and foreign Governments or
international organizations;
(6) as persons who perform duty or mission for the benefit of
education, culture, art, sports or other activities as may be prescribed by the
Royal Decree;
(7) as persons permitted by the Government of Thailand to enter
and perform any duty or mission.


Section 5. In this Act,
"alien" means a natural person who is not of Thai nationality;
"work" means engaging in work by exerting energy or using
knowledge whether or not in consideration of wages or other benefit;
"permit" means a work permit;
"holder of permit" means an alien who has been granted a permit;
"Committee" means the Committee Considering Working of Aliens;
"competent official" means person appointed by the Minister for
the execution of this Act;
"Registrar" means person appointed by the Minister as Registrar
of working of aliens;
"Director-General" means the Director-General of the Labour
Department;
"Minister" means the Minister having charge and control of the
execution of this Act.


Section 6. Subject to section 12, any work which an alien is
prohibited to engage in any locality and at any particular time and whether
subject to absolute or conditional prohibition, and to any extent shall be prescribed by
the Royal Decree.


Section 7. Subject to section 10, an alien may engage in any
work which is not prohibited by the Royal Decree issued under section 6 only upon receipt of a permit from the Director-General or official entrusted by the
Director-General except an alien who is permitted to enter the Kingdom for
temporary stay under the law on immigration in order to engage in the work
which is of necessity and urgency for period not longer than fifteen days, but
such alien may engage in the work after he has notified the Director-General or
official entrusted by the Director-General in writing in the forms prescribed by
the Director-General.


Section 8. Subject to the law on immigration, any person
wishing to employ an alien in his business in the Kingdom may submit an
application on behalf of the alien to the Director-General or official entrusted
by the Director-General.

The Director-General or official entrusted by the Director-
General may issue permit to an alien under paragraph one only after the entry
into the Kingdom of such alien.


Section 9. In granting a permit to alien under section 7 and
section 8, the Director-General or official entrusted by the Director-General
may prescribe any condition therein for the alien to comply therewith. In such
case, the alien is required to give assurances that he would comply with such
conditions and in the case under section 8, such alien shall give assurances prior
to his entry into the Kingdom.


Section 10. An alien who has been permitted entry to work in
the Kingdom under the law on promotion of investment or other laws shall
apply for a permit with the Director-General or official entrusted by the
Director-General within thirty days from the date of his entry into the Kingdom,
but if such alien is already in the Kingdom, the period of thirty days shall begin
as from the day he is aware that he has been granted permission to work under
the law on promotion of investment or other laws. Pending the issue of permit,
the applicant shall be allowed to engage in such work.
Upon receipt of application, the Director-General or official
entrusted by the Director-General shall issue a permit without delay.


Section 11. An alien who may apply for a permit under section
7 must possess the following qualifications:

(1) having a place of residence in the Kingdom or having been
permitted entry into the Kingdom for temporary stay under the law on
immigration but not as tourist or in transit;
(2) not being disqualified or prohibited under the conditions
prescribed by the Minister as published in the Government Gazette.


Section 12. The following aliens may engage in only such
works which have been prescribed by the Minister as published in the
Government Gazette. In such Notification, the Minister may prescribe any
condition as he may deem appropriate:

(1) aliens under a deportation order under the law on deportation
who have been permitted to engage in profession at a place in lieu of
deportation or while awaiting deportation;
(2) aliens whose entries into the Kingdom have not been
permitted under the law on immigration and are awaiting deportation;
(3) aliens who are born within the Kingdom but have not
acquired Thai nationality under the Announcement of the National Executive
Council No. 337, dated 13th December B.E. 2515 or under other laws;
(4)aliens whose Thai nationality has been revoked under the

Announcement of the National Executive Council No. 337, dated 13th
December B.E. 2515 or under other laws.

An alien may engage in such works as prescribed by the Minister
under paragraph one only upon receipt of a permit from the Director-General or
official entrusted by the Director-General.

Section 13. Permits issued under this Act shall be valid for one
year from the date of issue except:

(1) the permit issued to an alien under section 10 shall be valid
for such period which he has been permitted to work under such laws;
(2) the permit issued to an alien under section 12 shall be valid
for the period prescribed by the Director-General or official entrusted by the
Director-General which must not exceed one year from the date of issue;
(3) the permit issued to an alien who has been permitted entry
into the Kingdom for temporary stay under the law on immigration shall be
valid for such period which he has been permitted to stay in the Kingdom at the
time of the issue of the permit;
(4) the permit issued to an alien who has been permitted entry
into the Kingdom for temporary stay under the law on immigration without
definite period shall be valid for thirty days from the date of issue.


Section 14. In the case a holder of permit which is issued under
section 10 has received extension of working period under such laws, the
holder thereof shall notify the Registrar within thirty days from the date of
receiving extension and the Registrar shall record such extension in the permit.


Section 15. Before a permit is expired and if the holder of
permit wishes to continue working, he shall apply for a renewal of the permit
with the Registrar prior to the expiration thereof. In such case, the applicant for
renewal of the permit may continue working until the Registrar issues an order
refusing the renewal of the permit.

Each renewal of permit shall be valid for one year, except

(1) the renewal of permit under section 13 (3) shall be valid for
the period not more than the extension which the holder has been permitted to
stay in the Kingdom;
(2) the renewal of permit under section 13 (4) shall be valid for
thirty days each time unless such alien has been permitted to stay in the
Kingdom under the law on immigration for a definite period which is longer
than thirty days in which case the renewal of permit shall be for such period
which he has been permitted to stay in the Kingdom, but not longer than one year.

Section 16. The Minister has the power to issue Ministerial
Regulations prescribing forms, rules and procedures in the following cases:

(1) application for and issue of permit under section7, section 8,
section10 and section 12;
(2) application for renewal and renewal of permit under section
15;
(3) application for and issue of permit substitute under section
19;
(4) application for and issue of permission to change work or
locality or place of work under section 21;
(5) issue of identity card under section 31.


Section 17. In the case of refusing to issue a permit or not
granting permission under section7, section 8, section 10, section12 or refusing
to renew the permit under section 15 or not granting permission to change the
work or locality or place of work under section 21, the applicant has the right to
appeal to the Minister by submitting a written appeal to the Director-General or
official entrusted by the Director-General or the Registrar, as the case may be,
within thirty days from the date of the knowledge of the order of refusal. Upon
receipt of the appeal, it shall be referred to the Committee within fifteen days
and the Committee shall then consider and submit its opinion to the Minister
within fifteen days and the Minister shall complete his consideration of the
appeal within thirty days. The decision of the Minister shall be final.

In the case of an appeal against an order refusing the renewal of a
permit under section 15 as mentioned in paragraph one, the appellant has the
right to continue working until the Minister decides on the appeal.


Section 18. A holder of permit must keep the permit on himself
or at the place of work during work in order that it may be readily shown to
competent official or Registrar.

Section 19. If a permit is materially damaged or lost, holder of
the permit shall apply for a substitute with the Registrar within fifteen days
from the date of the Knowledge of such damage or loss.


Section 20. In the case an alien resigns from work which is
specified in the permit, he shall return the permit to the Registrar of Changwat
where the place of work is situated within seven days from the date of his
resignation.


Section 21. A holder of permit shall not engage in the work
other than that which is specified in the permit or change locality or place of
work from that which is specified in the permit unless a permission is obtained
from the Registrar.


Section 22. No person shall employ an alien who has no permit
nor employ him in the work which is of different description or condition from
that specified in the permit.


Section 23. Any person who employs an alien, or transfers an
alien to work in a locality other than that which is specified in the permit, or has
an alien resigning from his employment, shall notify the Registrar within fifteen
days from the date of employment, transfer or resignation.

The notice under paragraph one shall be in the form prescribed by
the Director-General.


Section 24. There shall be a committee called the "Committee
Considering Alien's Work" consisting of the Permanent-Secretary for Interior
or person entrusted by the Permanent-Secretary for Interior as Chairman, a
representative of the Ministry of Foreign Affairs, a representative of the
Ministry of Industry, a representative of the Department of Local
Administration, a representative of the Police Department, a representative of
the Department of Social Welfare, a representative of the Department of Public Prosecution, a representative of the Department of Trade Registration, a
representative of the Department of Internal Trade, a representative of the
office of the Board of Investment, a representative of the office of the National
Economic and Social Development Board, and not more than three other
persons appointed by the Minister as committee members and a representative
of the Labour Department as member and secretary.


Section 25. Members appointed by the Minister hold office for
a term of two years and may be re-appointed.


Section 26. Members appointed by the Minister vacate office
prior to the end of term upon:

(1) death;
(2) resignation;
(3) removal by the Minister.

In the case members are appointed during the term of members
already appointed, notwithstanding it is a new or additional appointment, the
appointees shall hold office only for the remaining terms of the members
already appointed.


Section 27. The Committee has the duty to consider, give
recommendation or advice to the Minister as follows:

(1) the issue of Royal Decrees under section 4 (6) and section 6;
(2) prescription of work which the Minister may publish under
section 12;
(3) the issue of Ministerial Regulations under section 16;
(4) consideration of appeal of order under section 17;
(5) other matters as entrusted by the Minister.


Section 28. At a meeting, the presence of not less than one-half
of all the members shall constitute a quorum. If the Chairman does not attend or is unable to perform his duty, the members present shall elect one among
themselves to preside over the meeting.

The decision of the meeting shall be made by majority of votes.
Each member shall have one vote; and in case of an equality of votes, the
person presiding over the meeting shall have an additional vote as casting vote.


Section 29. The Committee has the power to appoint a sub-
committee to carry out any activity or consider any matter within the scope of
duty of the Committee.

The provisions of section 28 shall apply to the meeting of a sub-
committee mutatis mutandis.

Section 30. In performing the duties under this Act, the
Director-General or official entrusted by the Director-General, Registrar or
competent official is empowered to:

(1) issue a written inquiry or summon any person to provide facts
as well as to require him to produce any document or evidence;

(2) enter any premises during the period which is believed to be the working period
under a reasonable belief that an alien is working there in order to ensure
compliance with this Act. For this purpose, he is empowered to inquire into
facts or request production of any document or evidence from the person who is
responsible for or connected with such place.

In performing the duty under (2) , the owner or occupant of such
premises or person who is responsible for or connected with the said premises
shall render appropriate facilities.

Section 31. The Registrar and competent official must have
identity cards.

In the performance of duty, the Registrar and competent official
must produce their identity cards upon request of the person concerned.

Section 32. In performing the duties under this Act, the
Director-General or official entrusted by the Director-General, Registrar or
competent official shall be an official under the Criminal Code.

Section 33. Any alien who is working in violation of the Royal
Decree issued under section 6 shall be liable to imprisonment for a term not
exceeding five years or to a fine from two thousand Baht to one hundred
thousand Baht or to both.

Section 34. Any alien who is working in violation of section 7
or in violation of the conditions specified under section 9 or works without a
permit or in violation of the conditions prescribed by the Minister under section
12 shall be liable to imprisonment for a term not exceeding three months or to a
fine not exceeding five thousand Baht or to both.

Section 35. Any alien who is working in violation of section 10,
section 18 or section 20 shall be liable to a fine not exceeding one thousand Baht.

Section 36. Any holder of permit who fails to comply with
section 14 or section 19 shall be liable to a fine not exceeding five hundred
Baht.

Section 37. Any alien who continues working after his permit
has expired without applying for a renewal before the expiration thereof or has
applied for a renewal but the Registrar has issued an order refusing the renewal
of the permit under section 15 and such alien has not appealed the order of the
Registrar, or if he has appealed but the Minister has decided not to grant
renewal of the permit under section 17 shall be liable to imprisonment for a
term not exceeding three months or to a fine not exceeding five thousand Baht
or to both.

Section 38. Any holder of a permit who violates section 21 shall
be liable to imprisonment for a term not exceeding one month or to a fine not
exceeding two thousand Baht or to both.

Section 39. Any person who employs an alien in violation of
section 22 shall be liable to imprisonment for a term not exceeding three years
or to a fine not exceeding sixty thousand Baht or to both.

Section 40. Any person who violates section 23 or section 42
shall be liable to a fine not exceeding one thousand Baht.

Section 41. Any person who fails to comply with a written
inquiry or summons or refuses to provide facts or furnish document or evidence, or
obstructs or fails to render facilities to the Director-General or official
entrusted by the Director-General, or the Registrar or competent official in the
performance of their duties under section 30 shall be liable to a fine not
exceeding three thousand Baht.

Section 42. Any person who employs an alien in his business
prior to the date the Announcement of the National Executive Council No. 322,
dated 13th December B.E. 2515 comes into force and has not, up to the date
this Act comes into force, submitted particulars concerning aliens in his
employment under Clause 35 of the said Announcement, shall submit the said
particulars in the form prescribed by the Director-General within forty-five
days from the date this Act comes into force.