21 September 2011

(Unofficial Translation)

Office of the Council of State of Thailand

Ministerial Regulation
Application for and issuing of work permits and declaring employment of foreign workers* B.E. 2554¹
_________

By virtue of Section 6 and Section 9 (bis*) paragraph 3, Section 11 (bis*) paragraph 2, Section 13 paragraph 3, Section 14 paragraph 3, Section 23 paragraph 4, Section 25 paragraph 2 and Section 26 paragraph 3 of the Foreign Workers Employment Act B.E. 2551 which are laws containing provisions concerning restrictions of the rights and liberty of individuals, which Section 29 in conjunction with Section 32, Section 33, Section 34 and Section 43 of the Constitution  of the Kingdom of Thailand enacts as possible by virtue of law, the Minister of Labor decrees the Ministerial Legislation as follows:

Article 1

Application for Work Permits, Application for Renewal of Work Permits, Application for Substitute Certificates for Work Permits under Section 9, Application for Making Amendments to or Adding of Employment Category, Job Description, Employer(s)?, Region or location/premises of Employment, or Particulars/Conditions in the Permit

Section 1. Foreigners who wish to apply for a permit as outlined in Section 9 shall submit an application for a permit in accordance with the prescribed format attached at the annex of this Ministerial Regulation including documents and evidence as follows:

1. In the case of employment with an employer who is a domicile of or a resident in the Kingdom of Thailand
1. Copy of passport or copy of substitute document for the applicant’s passport or copy of identification card of the foreigner in accordance with Foreigner Registration laws and copy of Foreigner Domicile *Registration in accordance with Immigration laws, if the applicant is resident in the Kingdom.
2. Copy of evidence of *immigration visa
3. Copy of documents showing educational qualifications or reference letter from previous employer indicating the applicant’s job details and period of employment or reference letter from *current/future employer indicating applicant’s knowledge and experience being suited to the work seeking permit grant
4. Copy of License for Professional Practice if the profession seeking work permit grant is required by virtue of law to obtain a License for Professional Practice*
5. Document of Employment/Employment Contract from future employer indicating grounds for not hiring a Thai national as well as evidence to support such reasons following guidelines issued by the Director-General
6. Copy of future employer’s identification card and domicile/house registration or passport or copy of residence permit in accordance with immigration laws in the case where the future employer is a commoner/natural person or copy of reference letter from appropriate governmental administrations indicating that the (future) employer’s business is correctly registered or licensed to*establish and operate by law. If the employer is a juristic person, the type of business shall also be indicated
7. Certificate from a medical professional complying with medical practice laws confirming that the applicant is not an individual who is mentally insane *(incompetent) or who has mental disorders or sicknesses as outlined in the Ministerial Regulation under Section 10
8. 3 Half-length photos; full-faced, no hat, no dark colored glasses, of 3 x 5cm size and  taken within the past 6 months
2. In the case of employment with an employer who has domicile in or is resident in a location outside of the Kingdom
1. Documents and evidence as outlined in Clauses (1)(a), (b), (c), (d), (g) and (h)
2. Copy of employment contract, copy of sales contract or copy of other documents stating the need for the applicant to work in the Kingdom
3. In the case of work without an employer
1. Documents and evidence as outlined in Clauses (1)(a), (b), (d), (g), and (h)
2. Copy of educational qualifications or copy of documents asserting that the applicant’s knowledge and experience is appropriate for/suited to the job requesting a work permit
3. Copy of employment contract, copy of sales contract or copy of other documents stating the need for the applicant to work in the Kingdom
4. In the case of work being within the Foreign Business Act jurisdictions: Copy of License for Operating a Business under the Foreign Business Act

Clause 2. Foreigners who, in compliance with immigration laws, have been granted permission to work in the Kingdom of Thailand under Employment Agreements between the governments of Thailand and of other nations and who wish to request for a permit under Section 9, shall apply using Annex Form 2 at the annex of this ministerial legislation including documents and evidence as follows:

1. Copy of applicant’s passport or substitute document for a passport
2. Documents and evidence as outlined in Clauses 1 (1)(b), (e), (f), (g), and (h)
3. Map indicating location of employment/business premises

Clause 3. Those wishing to employ foreigners residing outside of the Kingdom of Thailand for their businesses in the Kingdom may apply for a work permit on behalf of the foreigner. Procedures are as follows:

1. Those applying for work permits on behalf of foreigners under Clause 1 (1) shall use Annex Form 3 annexed to this ministerial regulation including documents and evidence as outlined in Clauses 1 (1)(a), (c), (d), (e), (f), and (h)
2. Those applying for work permits on behalf of foreigners under Clause 2 shall use Annex Form 2 annexed to this ministerial regulation including documents and evidence as outlined in Clauses 1 (1)(e), (f), (h) and Clauses 2 (1) and (3)

Clause 4. If the work permit is damaged or missing, the work permit grantee shall apply for a substitute certificate for the work permit using Annex Forms 2 or 4, annexed at the end of this ministerial regulation including documents and evidence as follows:

1. The damaged work permit or, in the case of a lost work permit, evidence of a police report concerning the missing work permit
2. Documents specified in Clause 1 (1)(h)

Clause 5. Work permit grantees wishing to apply for work permit renewal shall proceed as follows:

1. Foreigner work permit grantees under Clause 1 (1) shall apply using Annex Form 5 annexed to this ministerial regulation including documents and evidence specified in Clauses 1 (1)(a), (b), (e), (f) and (g)
2. Foreigner work permit grantees under Clause 1 (2) shall apply using Annex Form 5 annexed to this ministerial regulation including documents and evidence specified in Clauses 1 (1)(a), (b), (f), (g) and in Clause 1 (2)(b)
3. Foreigner work permit grantees under Clause 1 (3) shall apply using Annex Form 5 annexed to this ministerial regulation including documents and evidence specified in Clauses 1 (1)(a), (b), (f), (g) and in Clauses 1 (3)(b), (c),and (d)
4. Foreigner work permit grantees under Clause 2 shall apply using Annex Form 2 annexed to this ministerial regulation including certificates or licenses, documents and evidence specified in Clauses 1 (1)(b), (e), (f), (g) and in Clause 2 (1)******

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