BOI Work Permit in Thailand: a comprehensive guide for foreigners employers and employees

Benefits of the BOI Work Permit in Thailand Compared to Standard Work Permits

Foreign employees employed by BOI-promoted companies experience major benefits, both legally and administratively, compared to those working under standard work permits.

Streamlined Administrative Process to obtain a BOI work permit in Thailand

The BOI work permit eliminates many bureaucratic hardships found in the standard procedure. Governed by the Cabinet Resolution on BOI Investment Promotion, applications are consolidated under the OSSC, bypassing the necessity for multiple department approvals. Therefore this regulatory simplification significantly reduces processing time.

Exemption from Labor Burdens

In Thailand, regular companies must abide by stipulations requiring four local employees for every foreign worker. However, companies promoted by the Board of Investment are excused from adhering to such staffing ratios according to provisions in the Investment Promotion Act. This leeway is particularly important for firms working in domains necessitating a high degree of specialized knowledge from abroad.

A faster processing time

Traditional work permit normally take weeks to approve as they necessitate the agreement of both the Department of Labor and Immigration Bureau. Nevertheless, BOI work permit tend to be processed inside 10–14 business days through the OSSC.

Extended Validity periods

BOI work permit can extend to a period of four years contingent on visa classifications like the SMART Visa, contrary to yearly reauthorizations requisite for standard work allowances.

Family benefits

BOI work permit in Thailand include streamlined processes for dependents to acquire visas and authorization to occupy themselves. Therefore spouses can work without needing different permits as dictated by OSSC protocols. Additionally, family can secure long-term entry with restricted paperwork.

What are the conditions and the procedure to obtain a BOI work permit in Thailand

Conditions to Obtain a BOI work permit in Thailand

Acquiring a BOI work permit in Thailand necessitates following exact lawful and operational prerequisites, which are exhibited in Section 25 of the Investment Promotion Act, B.E. 2520 (1977). Both the employer and the foreign employee must satisfy these terms to ensure adherence to Thai laws and regulations.

Employer Requirements :

• BOI Promotion Certificate
  The employer must possess a valid BOI promotion certificate issued under Section 25 of the Investment Promotion Act, B.E. 2520 (1977), confirming engagement in incentivized industries outlined by the board
• Compliance with BOI conditions Failure to adhere to conditions denoted in award documents may prompt suspension or revocation of promotional privileges. Eligible undertakings fall under nine sectors prioritized by Thailand’s national strategy and designated for incentives by the BOI: agriculture and food processing; mining and ceramics; textiles and leather goods; automotive parts and industrial machinery; electronics and appliances; environmentally-conscious materials; healthcare and renewable energy; information technology and digital content; and biomedical innovation and life sciences.

Employee Requirements:

• Work alignment with BOI’s promoted activities: The foreign employee’s role must directly contribute to the company’s BOI-promoted activities in order to benefit from the BOI work permit in Thailand. For instance, an IT employee should have expertise in digital technologies or software development.
• Qualifications and professional experience: Foreign employees must possess a relevant degree. to get the BOI work permit in Thailand. A minimum of three years’ professional experience is required for the intended role. Furthermore, certain specialized fields may also require pertinent certifications or licenses.
• SMART Visa-specific requirements: Those applying under the SMART Visa, closely linked to Section 25, face additional hurdles. For instance, a monthly salary over THB 100,000 and work in a targeted industry.

Key update of the criteria for the BOI work permit in Thailand

According to the recent BOI Announcement No. Por.3/2567 from 2024 , the criteria for approving foreign nationals’ job roles considers:

1- Job Approval Considerations : Approval depends on the business type, technological sophistication, and lack of qualified Thai staff. For manufacturing, approvals last up to two years while research roles may be extended up to four years.
2- Qualifications for Placement :

• Executive Positions: Foreign professionals must be at least 27 years old with five years of related experience, excluding roles such as CEO or Managing Director which have no age or experience limits.
• Operational Positions: Require a minimum age of 22, applicable qualifications, and a minimum of two years of hands-on work

3- Extensions of Terms: Extensions for the BOI work permit in Thailand are granted based on factors like operational expansion, efficiency improvements, or continued personnel shortages. Most extensions are valid for two years, except for specific activities like research, which may extend to a maximum of four years.

Required documentations from the employers to obtain a BOI work permit in Thailand

To secure permission for a foreign national’s role within the company, employers must furnish the following files:

• Company Organizational Structure
  A clear, updated chart depicting the company’s hierarchy, like the tasks of Thai and non-Thai staff. This aids in validating the foreign employee’s place inside the organization and alignment with BOI-supported activities.
• Technology Transfer Plan
  A formal plan specifically how the employment of foreigners contributes to transferring technology and improving skills for Thai employees. In fact, this is crucial to meet BOI goals of fostering proficiency and know-how within the country.
• Shareholder List
  A current list of the company’s shareholders, specifying the percentage of Thai and foreign possession. This ensures observance of ownership restrictions under Thai laws and BOI terms.
• Annual Financial report
  The company’s most recent reviewed financial statement, demonstrating its monetary wellness and ability to support foreign employment. This document is particularly important for establishing credibility and justifying the need for foreign expertise.

Employee’s Required Documentation to obtain a BOI work permit in Thailand

The foreign employee must submit certain personal and professional records to substantiate their qualifications and alignment with the BOI-promoted activity.

• A valid passport containing at least six months of remaining validity as well as a copy of the visa or entry permit for applicants already residing in Thailand are required.
• An employment contract stipulating the job role, salary, and term of service must be furnished. The job outline specified therein should clearly correlate with the company’s BOI-approved operations.
• Academic transcripts and any pertinent professional licenses or certifications demonstrating expertise in the field of employment also need to be provided.
• A statement detailing how the employee’s know-how will contribute to achieving the company’s technology transfer plan and bolstering the overall growth of the BOI-promoted activity is necessary.

Procedures for applying for a BOI work permit in Thailand

One goes through a systematic digital workflow to get a BOI work permit in Thailand’s . The Single Windows for Visa and Work Permit System  streamlines the procedure.

• Step 1 : Registration on the Single Windows for Visa and Work Permit System
  After the BOI promotion certificate is issued, the company must register on the Single Windows for Visa and Work Permit System through the official BOI portal. The company creates an account by obtaining a username and password, which grants access to the system for managing applications.

• Step 2: Approval for Foreign Employee Positions
  The company must submit an approval form for the positions of foreign technicians and/or experts. This ensures that the roles align with the company’s BOI-promoted activities and meet the BOI’s compliance requirements.

•  Step 3: Submission of Forms to Bring Employees to Thailand
  Finally, the firm must submit additional approval forms to allow foreign technicians or experts to enter Thailand. The company must upload required documents, including the BOI promotion certificate, employment contracts, and employee qualifications.

• Step 4: Work Permit Application and Immigration Processing
  After receiving BOI approval, the company submits the work permit application via the system. The employee finalizes their visa and work permit at the One-Stop Service Center (OSSC), typically taking 1–2 business days.

Approvals for company and position conformity take three to five business days. Five to seven more review submitted files. Finally, the short one-to-two-day window engraves permissions. Key entities cooperate seamlessly. The BOI signs off on eligibility and standards. Expertise get evaluated by Labor. Passports and work authorizations come from the Immigration Bureau. By reducing paperwork and merging tasks, the system streamlines the experience for promoted businesses and their foreign employees.

Conclusion

The BOI work permit in Thailand provides a plethora of benefits for overseas experts and enterprises approved by the Board of Investment. Key among these are expedited processing, exceptions from employment caps, and expanded validity periods. Aligning operations with one of the nine promoted industries under BOI purview while fulfilling legal guidelines allows companies to capitalize on Thailand’s business-friendly climate and recruit top global talent. Consulting legal counsel ensures adherence to rules and facilitates smooth navigation through the intricacies of obtaining a BOI work permit. This ultimately unlocks the full extent of incentives Thailand extends to foreign investment.