2022 Overview of Work Permit Exemptions in Thailand

9 January 2025, Bangkok – Despite the ongoing challenges posed by COVID-19 and the global economic crisis, Thailand continues to be one of the most dynamic business environments in Southeast Asia. With continuous efforts from both the public and private sectors to stabilize the economy, Thailand is expected to recover steadily.

Due to various opportunities for expats and the recent reopening of borders, many foreigners are considering starting a business or working in Thailand. Generally, foreigners are required to obtain a work permit, supported by their hiring company, before beginning employment in the Kingdom.

It is important to note that not all companies in Thailand are able to provide work permits for foreign employees. The company must meet the requirements set by the Ministry of Labor. These typically include having registered capital of at least 2 million THB per work permit for Thai-registered companies where the majority of shareholders are Thai. Additionally, there must be a minimum of 4 Thai employees for one work permit application. For companies not registered in Thailand, the investment capital from overseas should be at least 3 million THB per work permit.

However, these conditions do not apply to foreign companies that have successfully obtained promotion from the Thailand Board of Investment (BOI).

The Alien Working Act 2008 outlines work permit exemptions for foreigners who meet specific criteria.

Who is Exempt from Work Permits in Thailand?

Government and Diplomatic Representatives are exempt from the requirement to apply for a work permit. This includes members of diplomatic delegations, members of consular missions, representatives of member countries, and officers of the United Nations and its specialized agencies. Personal assistants traveling from overseas to support these individuals are also included. Additionally, individuals carrying out duties as per agreements between the Thai government and foreign governments or international organizations are exempt. Furthermore, individuals working for the benefit of Thailand in areas such as education, culture, arts, and sports, as well as other activities stated in the decree, are not required to obtain a work permit.

Those granted permission by the Thai cabinet to perform specific duties or missions in the Kingdom are also exempt from this requirement.

For urgent, short-term, and essential duties, foreigners entering Thailand for business can engage in work for a maximum of 15 days without the need to apply for a work permit. However, they must request permission from the Ministry of Labor and receive written notification before entering the country.

Investors or founders of foreign businesses can enter Thailand and apply for a work permit within 30 days. During this period, they may engage in their duties while waiting for BOI’s approval and the official work permit from the Labor Department. Representatives of foreign entities under the Foreign Business Act are also exempt from applying for a work permit. These may include directors, board members, or high-level executives and managers working for entities such as branches or representative offices with valid Foreign Business Licenses.

Additionally, the Smart Visa program, introduced in 2021, allows foreign professionals working in Thailand to stay for up to 4 years without needing a work permit. This visa is available to professionals working in 13 targeted industries, including smart electronics, agricultural biotechnology, automation, and robotics, among others. More information about the Smart Visa program can be found on the official website.

Role of Certified Translators, Translation Endorsers, and Certified Interpreters of the Southeast Asian Professional Translators and Interpreters Association

Certified translators, translation endorsers, and certified interpreters from the Southeast Asian Professional Translators and Interpreters Association play a crucial role in supporting the activities mentioned above. They assist in translating documents required for work permit applications and provide legal advice to ensure a smooth and compliant process for foreigners seeking to work or invest in Thailand.

In conclusion, adherence to legal requirements is essential. Foreigners who do not meet the exemption criteria must follow the process to avoid severe legal consequences.

About SEAProTI’s certified translators, translation certification providers, and certified interpreters:

The Southeast Asian Association of Professional Translators and Interpreters (SEAProTI) has officially announced the criteria and qualifications for individuals to register as “Certified Translators,” “Translation Certification Providers,” and “Certified Interpreters” under the association’s regulations. These guidelines are detailed in Sections 9 and 10 of the Royal Thai Government Gazette, issued by the Secretariat of the Cabinet under the Office of the Prime Minister of the Kingdom of Thailand, dated July 25, 2024, Volume 141, Part 66 Ng, Page 100.

To read the full publication, visit: the Royal Thai Government Gazette