Foreign Business Act
B.E. 2542 (1999)
(continued)
B.E. 2542 (1999)
(continued)
Section 8. Subject to Section 6, Section 7 Section 10, and Section
12
(1) Foreigners shall be prohibited from operating the business not permitted to them with special reasons as described in List One.
(2) Foreigners shall be prohibited from operating any business concerning national safety and security, business affecting art and culture, tradition and folk handicraft or the business affecting natural resources or environment as prescribed in List Two unless permitted by the Minister with the approval of the Cabinet.
(3) Foreigners shall be prohibited from operating the businesses prescribed in List Three in which Thai nationals are not ready to compete unless permitted by the Director-General with the approval of the Committee
(1) Foreigners shall be prohibited from operating the business not permitted to them with special reasons as described in List One.
(2) Foreigners shall be prohibited from operating any business concerning national safety and security, business affecting art and culture, tradition and folk handicraft or the business affecting natural resources or environment as prescribed in List Two unless permitted by the Minister with the approval of the Cabinet.
(3) Foreigners shall be prohibited from operating the businesses prescribed in List Three in which Thai nationals are not ready to compete unless permitted by the Director-General with the approval of the Committee
Section
9. Amendments or changes of the business categories under the Lists
attached hereto shall be made by a royal decree except for the businesses under
List Two, Group 1, in which case the amendments or changes shall be made by an
act of parliament.
The Committee shall review the business categories under the Lists attached hereto at least once every one-year period from the date this Act comes into force and shall submit its opinion to the Cabinet.
The foreigners who has operated the business not prescribed in List Two or List Three prior to the amendments or changes of business category under paragraph one and later on that business requires a permission under this Act and the foreigners wish to continue operating that business shall notify the Director-General in order to obtain a Certificate in accordance with the rules and procedure described in Section 11.
During the period prescribed in paragraph three and while the Certificate has not been obtained, the foreigners shall not be deemed as non-licensed business operators under this Act.
The Committee shall review the business categories under the Lists attached hereto at least once every one-year period from the date this Act comes into force and shall submit its opinion to the Cabinet.
The foreigners who has operated the business not prescribed in List Two or List Three prior to the amendments or changes of business category under paragraph one and later on that business requires a permission under this Act and the foreigners wish to continue operating that business shall notify the Director-General in order to obtain a Certificate in accordance with the rules and procedure described in Section 11.
During the period prescribed in paragraph three and while the Certificate has not been obtained, the foreigners shall not be deemed as non-licensed business operators under this Act.
Section
10. The provisions of Section 5, Section 8, Section 15, Section 17,
and Section 18 shall not be applicable to the foreigners operating the business
that are classified in the Lists attached hereto with a temporary permission
from the Government of the Kingdom of Thailand.
The foreigners operating the business classified in the attached Lists under a treaty to which Thailand is a party or is obligated to abide by it shall be exempt from the application of the Sections stated in paragraph one and shall comply with the provisions of the treaty which may in return include the entitlement of the Thai nationals and Thai enterprises to operate the businesses in the country of the foreigners.
The foreigners operating the business classified in the attached Lists under a treaty to which Thailand is a party or is obligated to abide by it shall be exempt from the application of the Sections stated in paragraph one and shall comply with the provisions of the treaty which may in return include the entitlement of the Thai nationals and Thai enterprises to operate the businesses in the country of the foreigners.
Section
11. The foreigners qualified under Section 10 wishing to operate the
business under the attached Lists shall notify the Director-General under the
rules and procedures prescribed in the ministerial regulations in order to
obtain a Certificate. The Director-General shall issue the Certificates to the
foreigners rapidly but shall not exceed 30 days from the date on which the
written notification is filed, unless the Director-General is of the opinion
that the notification does not comply with the rules and procedures prescribed
in the ministerial regulations or is not in accordance with Section 10. The
Director-General shall in that case promptly notify the foreigners within 30
days of the date on which the written notification is filed.
The Certificates shall also specify the conditions prescribed by the Government or the treaty.
The Certificates shall also specify the conditions prescribed by the Government or the treaty.
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