Lawyer guidance in Thailand from 3LawyersThailand 2023

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When it comes to rent or lease of immovable property in Thailand foreigners have the same rights as Thai nationals. Lease of immovable property (land, house, condominium) for residential purpose is governed by Civil and Commercial Code (sections 537 to 571) and further specified by the Thailand Supreme Court. Foreigners are under Thai law allowed to lease real estate property for terms of up to 30 years. Whether it concerns a lease of an apartment or land and/ or house for residential purposes by foreigners there is no requirement of bringing foreign currency into Thailand, as opposed to buying a condo unit freehold or leasing commercial property under the ‘Hire of Immovable Property for Commerce and Industry by Aliens Act’.

Litigation involves bringing controversies to the proper forum for the resolution of issues. While representation is not mandatory in a few cases, the assistance of a Thai counsel is indispensable in most. This holds true not only for Thai litigants, but for foreign parties most especially. Aside from assurance that all legal rights and defenses are made available to the litigant, he is likewise given a “voice” in a forum where all proceedings are conducted in a language that may be foreign to him.

There are a number of grounds upon which a work permit can be granted (this is in a discretionary basis will take into account usual considerations such as suitability and qualifications of the foreigner for the position). The permit may be granted to a foreigner who is employed in Thailand : The company (employer) must have a fully paid-up registered capital of 2 million Baht to hire one foreigner, plus one person for every additional 2 million Baht (to a maximum of 10 people). If the registered capital of the company is less than 2 million the company can hire one foreigner if its total corporate income tax payment had been at least 5 million Baht for the past three years. The company can hire one foreigner for every 5 million Baht paid in tax.

Land ownership in Thailand is governed by the Land Code Act and under Thai land laws only Thai nationals are allowed to own land or have a confirmed right of possession of land. Foreigners may not own land unless there is a treaty or exemption allowing the foreigner to own land in Thailand (section 86). Thailand has currently no treaty with any country allowing a foreigner to acquire land in Thailand. Any foreigner who violates foreign land ownership restrictions could be fined and/or sent to jail for a term of up to 2 years (Land Code act section 111). A Ta.Bian.Baan or Tabien Baan is the document which gives the address of a house or apartment unit and states the persons who have legal domicile at the address. A house book is issued by the local municipality and is merely a registration document. As opposed to Thai nationals a house book is generally not considered an important document for foreigners. We have helped a growing number of clients find the right lawyer for their specific case in Thailand. Using a lawyer requires both trust and reliability. That is why the lawyers in our partner program undergo an admission process to ensure our network only consists of the best English-speaking lawyers in Thailand. Our extensive network of lawyers helps us find the ideal lawyers for your specific case. Find even more information at https://3lawyersthailand.com/.