For The purpose of work permit issuance
pursuant to Section 7 and Section 8 of Working of Aliens Act B.E. 2521 consistent with Rule of
Department of Employment on the Criteria for the Consideration for Work
Permit Issuance shall be prescribed.
By the virtue of
Section 32 of the Act of Organization of State
Administration B.E. 2534 as amended by the Act of Organization of State
Administration (No. 5) B.E. 2545, the Director-
General of the department of Employment set the
No. 1: This rule shall be called ôRule of
Department of Employment on the Criteria for the Consideration for Work
Permit Issuance B.E. 2547
No. 2: This rule shall come into force on 8 October
No. 3: The following shall be repealed:
(1) Rule of Department of Employment on the
Consideration Criteria and Conditions for Work Permit Issuance B.E. 2545
issued on 22 May B.E. 2545
(2) Rule of Department of Employment on the
Consideration Criteria and Conditions for Work Permit Issuance (No. 2)
B.E. 2545 issued on 11 July B.E. 2545
(3) Rule of Department of Employment on the
Consideration Criteria and Conditions for Work Permit Issuance (No.3) B.E.
2547 issued on 5 February B.E, 2546
No. 4: The consideration for work permit
pursuant to Section 7 and 8 shall be made in a necessary and appropriate
manner, taking into account:
(1) Political, religious, and social security of the
protection of Thai nationals over aliens in the
occupations for which Thai nationals have adequate skills and there is no
shortage of labor in the occupations.
(3) The employment of the aliens shall bring about a
large amount of foreign currencies for investment or expenses in the
Kingdom, and shall generate employment of Thai nationals in a large
number, or in case where modern and advanced technology is required, bring
about technology transfer to Thai nationals.
(4) Skill development of Thai nationals shall be derived
from technology or knowledge transferred, or the understanding of how to
operate modern machines and tools by such aliens.
(5) Humanitarian reasons.
No. 5: Work permit for the aliens mentioned in No.
4 shall be issued according to the following criteria:
(1) For the aliens who work with and have certified
letters from financial institutions under the supervision of Bank of
Thailand or Ministry of Finance or other government offices taking
responsibility in financial institutions supervision, the number of such
aliens to be granted a work permit shall be as identified in the certified
(2) For the aliens who have certified letters from
central or regional or local government offices, state enterprises and
public organizations under Public Organization Act which identifies name,
position and duration of work.
(3) For the alien workers who work with the employers
whose business have a registered paid-up capital of not less than 2
million Baht. Work permit shall be issued to an alien worker for every
two-million Baht investment or for the aliens who work with the overseas
registered employers who perform business in Thailand with an investment
of capital from overseas of not less than 3 million Baht; work permit
shall be issued to an alien worker for every three-million Baht
investment. Or for the aliens who with the overseas registered enterprises
which perform their business in Thailand before 30 October B.E. 2545, but
have no document identifying their capital transferred from overseas. In
such case their statement of account of the recent 6 months shall be
considered and work permit shall be issued to an alien worker for every
three-million Baht investment. For the aliens who are married to Thai
nationals and have a marriage certificate and cohabit ad husband or wife,
the amount of investment capital required in order to receive a work shall
be reduced to half of the amount prescribed above. The number of alien
workers to be granted work permit shall not be more than ten people.
However, the number of alien workers to receive work permit shall not be
more than 10 unless it falls under the following situations:
(a) Working with the employers who paid
of a recent year of not less than 3 million Baht.
(b) Working with the employers who
business and bring about foreign currencies into Thailand of minimum Baht
in a recent year.
(c) Working with the employers in tourism business,
which bring not less than 5,000 foreign tourists into Thailand in a recent
(d) Working with the employers who employ not less
than 100 Thai workers.
(4) For the
aliens who work with the employers whose
business have paid up capital of minimum 2 million Baht or work with the
employers who have overseas registered and perform the business in the
Kingdom with not less than 3 million Baht of overseas capital, the said
criteria about the limit on the number of aliens to be granted work permit
as prescribed in No. 5 (3) shall not apply to the following.
(a) Alien workers who can use technology which Thai
nationals cannot perform or where there is a shortage of Thai worker.
However, there shall be a technology transfer to at least 2 Thai nationals
with the time limit.
(b) Alien workers who possess expertise to
accomplish the work in a limited timeframe project.
(c) Alien workers who work in entertainment
business with a temporary contract.
(5) The aliens who work in a foundation, association or
other nonprofit organizations, which create benefits to society as a
whole, are exempt from the prescription of No. 5 (3).
(6) The aliens who work in representative offices of
foreign imitational-trading businesses set up to give recommendations on
merchandise the head office distributes to dealers or customers, publicize
information about merchandise or new services of the head office, report
the head office4 about business movement in Thailand to not more than 2
persons in the head office. The aliens who perform the duty in Thailand
for marketing supply or service supply for their head offices, or perform
the duty in quality and quantity controlling of products made in Thailand
for their head office shall be permitted to work in such position in such
business for not more than five persons. However, this criteria is not
prescribed to representative offices which can provide a procurement or
service in Thailand for their head office and that head office had ordered
such goods or service from manufacturer in Thailand in a recent year for
the value of not less than 100 million Baht.
(7) The aliens who work in regional offices which are
established under the laws of country and perform a reform a business in
another country, to perform the work as a representative of the head
office in providing the services for example, business coordination and
supervision to the branch or the companies in their of companies which are
located in the region, consultant or human resources development training
services, financial management, marketing management and sale promotion
planning, production development, and research and development without any
income from such services other than receiving the payment from the head
office, and with no authority to buy or sell or do any trading business
with any person or legal in a country where such representative offices
are located, such aliens shall be permitted to work in that representative
office not more than five persons. However, representative offices, which
bring more than 10 million Baht into Thailand for their expenses in a
recent year, are exempt from the above-mentioned criteria.
No. 6: The consideration of work permit
issuance according to No.4 to the aliens whose employers are persons and
not possess any qualification as specified in No.5, shall be subject to
the following criteria:
(1) For the aliens who work with the employers whose
business generates income in the past or present year. The work permit
will be issued to an alien worker for every 700,000 Baht income but the
total number of aliens to be granted work permit shall not be more than
(2) For the aliens who work with the employers who
paid tax in the past year. The work permit will be issued to an alien
worker for every 50,000 Baht income but the total number of aliens to be
granted work permit shall not be more three persons.
(3) For the aliens who work with the employers who
employ four Thai workers; a work permit will be issued to an alien for
every four Thai workers but the total number of aliens to be granted work
permit shall not be more than three. For the aliens whose spouses are Thai
nationals and having a marriage certificate, as well as cohabiting as
husband and wife, the criteria prescribed in Paragraph one shall be
reduced by half.
No. 7: The quota of work permit under No. 4
to be issued to the aliens who perform the works of legal or law suit
services, shall be as agreed by the two partners in the following work:
(2) Conducting law suits in arbitration court in
the case in which the applicable law is not Thai law or in case where no
final judgment is requested in the Kingdom of Thailand.
No. 8: The consideration other than the
above mentioned case or regulations shall be under the authority of the
No. 9: The applications which are submitted
to the competent official before the effective date of this Rule shall be
under the prescription of the Rule of Department of Employment on the
Consideration Criteria for Work Permit Issuance B.E. 2545 issued on 22 May
B.E. 2545, the Rule of Department of Employment on the Consideration
Criteria for Work Permit Issuance (No. 2) B.E. 2545 issued on 11 July B.E.
2545 and the Rule of Department of Employment on the Consideration
Criteria for Work Permit Issuance (No. 3) B.E. 2546 issued on 5 February
No. 10: The Director-General shall have
charge and control of the execution of this Rule.
Given on the 30 th day of September
Signed by Chuthatawat