BOI approval of positions for visa and work permit

In June 2017, the Foreign Expert Services Division of BOI set out rules for approving a position for a company receiving Board of Investment (BOI) incentives. The notification states that the position approved by the BOI will be eliminated once the company cancels the position in the BOI’s system. The company must then apply to have the position approved again for a new expat to fill that position.

Keywords: Mazars, Thailand, Legal, BOI, Visa and Work Permit

26 September 2017

The application to approve a new position can be submitted at the time that the company accepts the termination of an expat who was previously employed.

Furthermore, the BOI set out the following requirements for approving a position:

Requirements for approving a position:

  • Managing director: This must be an authorized person (director) registered with the Department of Business Development.
  • Assistant managing director: The company must have registered capital of more than 100 million baht, and 50 per cent of shares must be held by a foreign entity.
  • Any position in the BOI promoted for software or TISO business: if the foreign shareholding in a company is greater than allowed, the company must provide the following information:

         -  The reason for requesting approval of the position.

         -  Compensation of at least 1,500,000 baht per year to both Thai and foreign staff members for those in a software                developer position.

  • Sales and marketing positions: Only 1 such position is allowed. However, a company may request approval for more positions, providing the reason for the position, as well as the section of the company in which the person will work, the location in which the person will work, and the group of customers who are the intended target.

For more information about BOI e-news no. 45 of June 2017 (in Thai), please click on the link below to download your copy.

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