What are the procedures and documents for applying for working in BOI of foreigners?

If you want to bring foreign skilled workers and experts to work under the BOI projects, what are the procedures and what documents must be prepared for submission?

The Wonderful Package recommends the process and documents that must be prepared.

Check the qualifications for considering hiring foreigners for work.

• Your company is in the process of applying for promotion or has received the Promotion Certificate.
• The company has a reason and need to hire foreign skilled workers and experts to train Thai workers to improve their skills and knowledge.
• Foreigners must knowledge or experts and skilled workers such as executives, researchers, developers, engineers, technicians, etc.
• Foreign must obtain a Non-B Visa or Non-IB Visa to work.

Procedures for bringing in foreign skilled workers and experts to work under the BOI projects.

1. Apply for a Non-B visa at the Embassy or Thai Consulate overseas.  http://www.mfa.go.th/
2. Request to import foreign craftsmen/experts at BOI.
3. Requesting a Non-B visa extension at the Immigration Bureau.
4. Request a Work Permit at the Department of Employment / Provincial Employment Office.

Procedures for bringing in foreign skilled workers and experts to work of the BOI promoted projects are 2 steps :

Step 1: Request for positions of foreign skilled workers and experts can divide in 2 cases

1. Requesting approval of the position for the first time (For the first time)
2. Request approval for additional duties for continuing work (Renew the original position)

The supporting documents for applying for position approval are as follows:

1. Technology Transfer Plan

• The company must explain the plan to bring in foreign skilled workers and experts to train Thai workers to improve their skills and knowledge, specifying the training topics, methods and duration.

2. Company’s Letter of Notification

• The company must notify the BOI of the reasons and necessity for bringing in foreign skilled workers and experts as well as the details on company’s current operation.

3. Application Form for Position of Alien Skilled Worker or Expert (F FR NI 01)

• Application form for position of alien skilled worker or expert (F FR NI 01) must be completed.

4. Company’s Organization Chart

• Must clearly show the division of organization within the company, the location of the applied positions of foreign skilled workers and experts and the location of the positions of foreign skilled workers and experts that have already been approved by the BOI (if any).

5. Kor. Kor. Tor. 41 Form (F FR NI 01)

• Complete the application form for position of alien skilled worker or expert (F FR NI 01) including position title, comprehensive job descriptions with actual scope of work, job qualification, and work duration that the company needs this position of foreign skilled workers and experts.

6. A Copy of Investment Promotion Certificate

• A copy of investment promotion certificate(s) relevant to the application of the positions of foreign skilled workers and experts.

7. A Copy of Project Operation Approval

• If the company cannot provide a copy of project operation approval from BOI, the company must provide written explanation of the reasons and current status of the project.

8. A Copy of Business Registration Certificate

• A copy of business registration certificate must not be older than 6 months to the date of the application submission.

9. A List of Shareholders

• Must contain the names of current shareholders and number of shares. 
• In case of public company, list of major shareholders and foreign and Thai shareholding proportion must be shown.

10. Financial Statement

• Must be the latest year that has already been certified. If the financial statement is not available since the company has just been established, the company must provide written explanation thereof.
  
  

All documents (except those issued by the BOI) must have the company’s stamp and must be signed by the company’s authorized director according to the business registration certificate or by an authorized person with the letter of authorization that clearly states their scope of authority. A 30- baht stamp duty must also be attached to the letter of authorization.

Additional Information:

The Power of Attorney uses in case the authorized directors who sign to bind the company cannot come to contact by themselves include

• The Power of Attorney should specify the authorization to amend and change the information.
• The Business Registration Certificate issued for no more than 6 months to the date of the application submission.
• A copy of Power of Attorney, if an Alien you have to attach a copy of Passport or the Work Permit.
• A copy of the Attorney's ID Card.
• Affixed with a 10 baht duty stamp can be used 1 time. In the case of 30 baht can be used multiple times.

Step 2: Request for the placement of foreign skilled workers and experts in the approved positions proceed as follows

1. Before entering Thailand, foreign skilled workers and experts must contact the Royal Thai Embassy or Royal Thai Consulate-General to obtain a Non-Immigrant “B” visa for work.
2. When arriving in Thailand, foreign skilled workers and experts will receive a Non-Immigrant “B” stamp on the passport at the immigration control to stay in Thailand.
3. Proceed with the application to stay and work in the Kingdom.

The supporting documents for the placement of foreign skilled workers and experts in the approved positions are as follows:

1. Company’s Letter of Notification

• Must specify the company’s objective to bring in the foreign skilled workers and experts with their names and their qualifications and explain why they are suitable for the positions.

2. Bio Data Form: 1 Form/Person (with 2” photo)

• This form contains the detail of foreign skilled workers and experts that will work in the approved positions under the promoted project. The company must complete all the details requested, especially educational background.

3. Education Document: 1 set/person

• Education document consists of copies of Degree/Diploma/Certificate indicating the subject of study. All the documents must be in Thai or English.

4. Working Document: 1 set/person

• A copy of the Certificate of employment from the previous companies indicating the previous positions and duration of work. All the documents must be in Thai or English.

5. A Copy of Passport: 1 copy/person

• A copy of both a Non-Immigrant “B” visa stamp issued by the Royal Thai Embassy or Royal Thai Consulate-General and an entry stamp from the immigration control upon entry into Thailand of the foreign skilled workers and experts.

6. A Copy of BOI Letter of Approval

• A Copy of BOI Letter of Approval.

All documents (except those issued by the BOI) must have the company’s stamp (if any) and must be signed by the company’s authorized director according to the business registration certificate or by an authorized person with the letter of authorization that clearly states their scope of authority. A 30- baht stamp duty must be attached to the letter of authorization.

Requesting foreigners for work is not difficult if the qualifications are considered appropriate and the documents are prepared correctly and meet the conditions specified by the BOI. You can proceed with a request to bring foreign skilled workers and experts to work in the Investment Promotion Business (BOI).

If you need advice or any suggestions, think about the Wonderful Package. We have a team ready to give advice and service to you all the time.

Related article: 

• What is BOI?  Why are Thai and foreign investors interested in doing business in the BOI?  https://bit.ly/2UlyxvC
• What are the criteria for hiring foreigners to work with companies in the BOI?  https://bit.ly/2BBrwQO

Thank you for information from;

• BOI

要求带外国人在BOI工作，有哪些程序和文件？

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