COVID-19 situations are the causes of great disruptions across the world, especially in cross-border or international transits. Long stretches of lockdowns and suppression in mobility affect the normal course of trade and business. Foreign Investment in Thailand also suffered greatly due to the pandemic.
But as a continual effort of the Royal Thai Government to promote and encourage Foreign Investors, it kept on revising the regulations to keep it smooth. This article will elaborate few important FAQs which will help foreign investors in Thailand in making their business decisions.
Is there any special policy in place at the Board of Investment (BOI) to assist companies in bringing in foreign specialists during the COVID-19 pandemic? If so, what are the steps involved?
The Board of Investment (BOI) has provisions in place to help foreign professionals who are working (or will be working) for a BOI-promoted company during the COVID-19 pandemic. Initially, the Foreign Expert Services Division had different rules for companies willing to bring in experts or technicians. It was to file a declaration letter indicating their needs for these foreigners during the restriction period.
BOI converts all of the procedures to an online platform called the “Single Window for Visa and Work Permit” system. This change is because the previous method was time-consuming and confusing. It is also useful to bring in foreigners in normal circumstances (as per sections 25 and 26 of the Investment Promotion Act).
What are the steps to bring in Foreigners using Single Window System?
The following are the steps for bringing in foreigners (using the single window system):
Request a position in the Single Window System.
Present the document to the Embassy or Consulate-General for the genuine ‘NON-B’ or ‘NON-IB’ Visa stamp.
The company can appoint the foreigner to the position after he or she arrives in Thailand (and has been quarantined for 14 days). Additionally, it can instruct him or her to contact the appropriate agencies. The agencies can be BOI, Immigration Office, and Department of Employment for the issuance of a long-term visa and work permit.
Additionally, the foreigner must apply for a Certificate of Entry (COE) at the Embassy or Consulate-General. However, it is to ensure that he or she is eligible to travel to Thailand. COE document requirements are currently as per international standards, with the following details:
- Health insurance (inclusive of COVID-19) with coverage of not less than USD 100,000
- Evidence of ASQ (Alternative State Quarantine) or LSQ (Local State Quarantine) reservation
- Flight booking or flight plan
- Fit-to-Fly health certificate
- Working Visa stamp (NON-B or NON-IB)
In addition, foreigners must take a COVID-19 RT-PCR test (not more than 72 hours before the departure). There is a repetition of the test when he/she arrives in Thailand.
Which governmental department should a Foreign Investor contact if he or she wants to go to the kingdom during the Covid-19 scenario for business or investment purposes?
For travel to the kingdom during the situation of Covid-19 for business and Investment, the Foreign Investor can receive permission via 4 governmental departments including;
- Thailand Board of Investment (BOI) (Under Section 24 and Section 25)
- Department of Industrial Works, Ministry of Industry
- Ministry of Commerce
- Department of Employment, Ministry of Labour
During the COVID-19 crisis, may I bring in a foreign specialist under clause 24?
Yes, it is possible under section 24 of the rights and benefits act. The Board shall have the power to grant permission to foreign nationals for entry into the Kingdom. Moreover, it supports the purpose of studying investment opportunities or performing any other activities beneficial to investment. However, this is possible only if the Board deems it appropriate. Additionally, it must be subject to the law on immigration and only to the extent that it is not otherwise provided herein. Applicants must follow the Board’s regulations, protocol, and paperwork when submitting an application for permission. The Board has the authority to impose any conditions it sees fit when granting authorization.
Please prepare the following documents before submitting your application for a Visa and Work Permit under Section 24 (Temporary 6 month Work Permit / In the case of a BOI application for investment promotion):
- A company letter of intent with details. (Regarding the current situation of your project and reason why it is necessary for you to come to work in Thailand under your project during this time.)
- Company’s organization chart
- A copy of the company registration certificate and a list of shareholders (if any)
- Copy of academic and work experience documents
- Applicant’s passport copy
- Copy of the investment promotion application or a copy of the BOI’s letter of investment promotion notification.
- Form No. 02 and Form No. 03 (F FR TR 01) with complete information (Attachment)
All documents must bear a company seal and sign of a person in authority.
Is it possible to change my visa type within the nation during COVID-19?
Yes, you may change some visa categories to Non-B or Non-IB within the nation using TM. 86 (Only for aliens with Tourist Visas and Transit Visas) or TM.87 (Only for aliens with Tourist Visas and Transit Visas). Moreover, this is only for foreigners without a visa. Please look at the immigration stamp on your passport to determine if you qualify:
- Phor.15 (for Arrival Visa)
- Phor.30
- PhorPhor.30
- PhorPhor.90
Hopefully, the above explanation was able to answer a few of your questions and clear a few doubts. Open your door to Thailand for greater business avenues and opportunities. For more clarifications and support on Foreign Investment in Thailand, mail us at [email protected].
