Koh Samui Law Firm Benoit&Partners

Learn more about Koh Samui law firm in Thailand

As a law firm that specializes in different legal issues such as immigration, property ownership, business regulations, a Koh Samui law firm can assist expatriates, tourists, and businesses that work and live on the island on a variety of issues. These agencies can support people in their visa applications, property sale- and purchase-drives, and other legal conflicts. A professional Koh Samui law firm will help you solve any legal case related to the Thai law with professionalism and skills to protect your rights.

Table of Contents

  Obtaining a work permit with our Koh Samui law firm

To obtain a work permit in Koh Samui, a foreigner must follow certain guidelines and provide certain documents. Here are the general steps and requirements of our Koh Samui law firm : 

  1. Obtain a non-immigrant visa: A foreignerTo apply for a work permit, one must possess a non-immigrant visa. The visa can be obtained from a Thai embassy or consulate outside Thailand.
  2. Find an employer: A foreigner must have an employer who will provide documents for the work permit application. The employer must be a registered Thai company.
  3. Collect necessary documents: The applicant must prepare the following documents :
  • 2 photograph
  • Medical certificate
  • Original passport
  • Letter of employment
  •  Graduation certificate
  •  Address in Thailand

       4. Apply for a work permit: The applicant must submit the required documents to the Ministry of Manpower office in Bangkok or the One Stop Service Centre for BOI promoted enterprises at Chamchuree Square in Bangkok. The work permit process usually takes 7 working days. Ask our Koh Samui law firm to have more information. 

      5. Individual requirements: In addition to the general requirements, the applicant must meet the following individual requirements:

  •  The job must be one that foreigners are legally allowed to do in Thailand. (see below for the professions that are prohibited for foreigners).
  •  The applicant can only work one job with the work permit and cannot work two jobs at the same time.
  • The applicant must provide a university or college degree with transcripts, certificates or licences (if any), resume or CV, 3 5×6 cm photographs taken within the last six months, marriage certificate (if any) and a medical certificate issued within the last 30 days.

It is important to note that the process and requirements for obtaining a work permit in Koh Samui law firm  may vary depending on the specific circumstances of the applicant. It is recommended that you consult a qualified legal professional, for further information and guidance.

In Thailand, a work permit is mandatory for any foreign national wishing to be employed The Ministry of Labour is responsible for issuing the work permit and depends on the type of visa the individual holds. The work permit’s validity must not surpass the length of the associated visa, and the employer must submit the application before the start of the employment.

Both employers and employees are subject to sanctions for non-compliance with work permit requirements. Employers can be fined without a permit, and foreign nationals working without a permit can also be fined and imprisoned. An employee may work for more than one employer with prior authorisation, but this requires a supplement to the work permit.

Certain professions in Thailand are reserved exclusively for Thai nationals, and foreigners are not permitted to work in these fields. A royal decree has listed the following occupations as off-limits to non-Thai citizens:

  • Architecture
  • Hat-making
  • Hairdressing and beauty services
  • Driving vehicles (excluding aviation)
  • Accounting
  • Textile sewing and weaving
  • Brokerage services
  • Shoemaking
  • Creating silk drawings
  • Crafting Thai musical instruments
  • Handmade silk production
  • Knife manufacturing
  • Making paper or cloth umbrellas
  • Crafting Thai dolls
  • Tour guiding
  • Construction trades such as masonry and carpentry
  • Cigarette manufacturing
  • Ceramic pottery
  • Creating Buddha statues
  • Wood carving
  • Secretarial work
  • Upholstery and mattress crafting
  • Manual labor
  • Agricultural, fishing, and forestry work
  • Jewelry crafting
  • Working with straw, bamboo, or reed materials
  • Auctioneering
  • Street vending
  • Retail store selling

These restrictions reflect the Thai government’s efforts to protect certain traditional and cultural occupations, as well as to ensure opportunities for Thai citizens in various sectors of the economy. Contact our Koh Samui law firm for more information. 

 Legal services available on Koh Samui

Below is a list of offered legal services on the island:

  • Legal advice: There are local law firms on Koh Samui providing French and English legal services.
  • Online legal services: Some law firms offer online legal services to expats, such as the drawing of contracts, representation before the court, and others.
  • Buying property: Local lawyers can help expatriates to navigate the local laws and regulations related to the purchase of property
  • Notary services: Local notaries can help expatriates to create official documents, e.g., wills, powers of attorney
  • Court practice: Local lawyers can represent the interests of expatriates in Koh Samui courts on civil, criminal, or administrative matters. Many expatriates have already turned to our comprehensive services of the Koh Samui law firm and have passed the transition to the island effortlessly .

  Preparing your expatriation to Koh Samui

  • Join expat communities: While expatriating to Koh Samui, do not neglect to join expat communities on Koh Samui, where you can ask questions, seek valuable advice, and meet other expats living in the new country. By subscribing to online forums, Facebook groups, and other websites specially created for expats in Koh Samui, you will obtain useful recommendations you would hardly find in open sources.
  • Plan your accommodation: Learn what opportunities for renting or purchasing accommodation in Koh Samui are at your disposal. Reach out to specialized websites with relevant offers, contact local estate agencies, or join housing groups on social platforms to get informed about the available offers.
  • Prepare your administrative documents: Organize all the required documents for your expatriation to Bangkok . These might include your passport, visa, international driving license, health document, etc. Do not forget to double-check the particular requirements of your country origin and the Thai legislation.
  • Consult legal services: If you have doubt, refer to lawyers or other legal services on Koh Samui to receive advice on the local legislation framework.
  • Prepare yourself financially: Estimate the budget of your expatriation to Koh Samui, considering the cost of accommodation, living, daily expenses, health care, etc. Ensure that you have a permanent source of income and an excellent financial planner .
  • Learn the language and culture: Try to memorize several phrases in the Thai language. It will demonstrate you are ready to incorporate this point into the new culture. Keep in mind that any guidelines might differ and rely on your case. Therefore, you should use reliable resources, request individual pieces of advice, and start preparing for expatriation to Koh Samui with our law firm’s help.

Overall, expatriating to Koh Samui has the following advantages:

  • Quality of life : Koh Samui is a dream environment: white sandy beaches, turquoise waters, and a lush, verdant background. The island is famous for its strolling environment and a laid-back vibe. It could be a perfect respite for those who want to let go of some of the stresses of living in a city.
  • Cost of living: Many expenses on Koh Samui are less expensive than living in western countries.
  • Expats community: Furthermore, in Koh Samui, there exists a lively expat society. I could meet people from other countries, exchange experiences, and make new friends.
  • Work possibilities: For digital nomads and entrepreneurs Koh Samui is perfectly appropriate. 

 Legal challenges for expatriates in Koh Samui

It is worth remembering that the laws apply differently to foreigners and can be adjusted depending on the situation. Thus, to solve a foreigner’s legal problems, consultation with a lawyer is appropriate. Hence, some of the main points are:

  • Property acquisition : Laws on this matter prohibit foreigners from owning land in the country, but it is possible to acquire a condominium. Therefore, you will need to consider the personalized property acquisition conditions in Koh Samui, depending on the chosen corridor of purchase.

  • Residence permits : If you plan to live on the island, you will have to acquire a Thai residence permit. It might vary depending on the reasons to stay in Thailand, such as work, retirement, or study.

  • Ban on certain occupations : There are occupations that cannot be occupied by foreign citizens in Thailand, such as street vending, hairdressing, plumbing and many others. Thus before seeking a job in the location some economic sectors might have restrictions while others intrigue a demand.

  • Taxation : Like all Thai business owners, foreigners must comply with Thai tax laws. At the same time, you may also have various obligations in your home country if you are a citizen of another state. Before moving to a new country you have to look at what types of taxes you will need to pay.

  • Legal services : To protect your legal rights in Koh Samui it is advisable to obtain legal services exactly in this area as the legislation of this country is quite specific.

  Finding accommodation in Koh Samui

Recommended neighbourhoods for expatriates in Koh Samui: 

  • Chaweng: Located on the east coast of Koh Samui, Chaweng is one of the most popular areas for expats. This place provides an extensive selection of dining establishments, bars, shops and entertainment, as well as a lively beach.
  • Lamai:Located on the south coast of Koh Samui, Lamai is a quieter area than Chaweng, but also offers a sandy beach, restaurants, bars and shops.
  • Bophut:Located on the north coast of Koh Samui, Bophut is a quieter area offering a quiet beach, restaurants, bars and shops. It is also known for its traditional fishing village.
  • Choeng Mon:Located on the north-east coast of Koh Samui, Choeng Mon is a more exclusive area offering a sandy beach, high-end restaurants and luxury villas.
  • Mae Nam:Located on the north coast of Koh Samui, Mae Nam is a quieter area offering a peaceful beach, restaurants and bars.
  • Lipa Noi:Located on the west coast of Koh Samui, Lipa Noi is a more secluded area offering a quiet beach and luxury villas.

It is important to note that each area has its own advantages and disadvantages depending on individual preferences. It is advisable to visit neighbourhoods before making a final decision and to take into account factors such as proximity to amenities, cost of living, safety, etc.

Average rental prices in recommended expat neighbourhoods in Koh Samui can vary depending on the size, location and amenities of the accommodation. Here is an estimate of average prices based on search results:

  • Chaweng: Rents for a one-bedroom flat in Chaweng can range from 10,000 to 25,000 baht per month (approximately €260 to €650).
  • Lamai:Rents for a one-bedroom flat in Lamai can vary from 8,000 to 20,000 baht per month (approximately 210 to 520 euros).
  • Bophut:Rents for a one-bedroom flat in Bophut can range from 10,000 to 25,000 baht per month (approximately 260 to 650 euros).
  • Choeng Mon:Rents for a one-bedroom flat in Choeng Mon can range from 15,000 to 30,000 baht per month (approximately 390 to 780 euros).
  • Mae Nam:Rents for a one-bedroom flat in Mae Nam can range from 8,000 to 20,000 baht per month (approximately 210 to 520 euros).
  • Lipa Noi: Rents for a one-bedroom flat in Lipa Noi can vary from 10,000 to 25,000 baht per month (approximately 260 to 650 euros).

It is important to note that these prices are estimates and may vary depending on the size, location and amenities of the accommodation. Thorough research is recommended to find accommodation that meets your needs and budget.

 Condominium ownership legal services

You can consult our Koh Samui law firm for more details on laws and legal rules about the condominium, which are: 

  • The Condominium Act: The country follows the Thail Condominium Act of 1979, which also governs the condominium residences in Koh Samui. Under this Act, a foreigner can own a maximum of 49% of the total area of a condominium.
  • Purchase procedures: The purchase procedures might depend on case to case scenario of the individual. Thus it is wise to seek the law firm or at least a reals estate agent’s guidance and support while making the purchase of the product .
  • Fees and taxes : In Thailand, the fees and taxes for purchasing a product cover property build transfer fee, property tax, the fee of condominium management, the Utlity fee, sinking Fund, etc. Before agreeing to purchase the product, consultation and evaluation of the cost is essential.
  • Ownership restrictions: Although foreigners cannot own land in Thailand, they can purchase a freehold condominium. It is advisable to seek the help of a legal professional to make the correct decision.

 Villa ownership services with our Koh Samui law firm

Many services for villa ownership in Koh Samui provide a range of services to villa owners, helping to manage and maintain their villas. The following are some of the services:

  • Property management services can cover a variety of tasks such as regular maintenance and repair of the building and its grounds. Suitable service providers will liaise with cleaners, gardeners, pool maintenance teams and other service providers for the care and upkeep of the villa.

  • Some services offer rental management, allowing villa owners to rent out their properties to vacationers or long term tenants in order to generate extra income. In this case, the provider can advertise and market the property, take bookings and deal with enquiries, and take care of the checking-in and checking-out of all tenants.

  • In other cases, financial management is provided, including collecting rent and paying all bills from the villa owner’s bank account. Moreover, providers can offer regular financial reports and help with other associated tasks such as tax, administrative duties, and compliance with regulatory issues. With these services, the villa owner remains in control of their expenses and no commission fees or mark ups are taken from the expenses.

  • Many villa ownership services also provide a wide variety of services for visitors to the villa to make their stay more comfortable and enjoyable. For instance, pickup from the airport, restaurants, or bars is provided and booking of tours and activities is possible. In addition, most services offer concierge services to guests.

  • Villa ownership services can also help with legal matters, such as setting up a lease, and provide general information about laws and regulations in Koh Samui regarding property.

 Land ownership services with our Koh Samui law firm

The steps to follow to become a landowner in Koh Samui are as follows:

  • Locate a seasoned real estate agent: Your first step in becoming a landowner is to find a professional property agent. It is better to pinpoint someone with years of experience and, of course, well-placed close to the area where you plan to buy the land . They will explain how to purchase land in Koh Samui.

  • Choose a secure and easy process to own land: In Koh Samui, it is easier to own land in a leasehold agreement or open up a Thai limited liability company . Alternatively, a foreigner could set up his/ her Thai firm to make the purchase on behalf of his/ her firm, which would make owning the land easy.

  • Buy land : After identifying the land you need to buy, it is recommended that you purchase it. The purchase process involves bargaining for the purchase price, signing a contract, and transferring land ownership.

  • Get the chanote certificate: Koh Samui land ownership gives the landowner a chanote certificate. This is the most valuable reference in Koh Samui and is taken as the definitive title. It will give the holder complete rights under the laws , even if any other title has been issued already. This certificate will always be subject to a detailed survey by a professional director before being issued. The certificate is safe from theft, confessions, and other types of protection, offering complete security to all landowners. The certificate contains detailed information on registration, owner’s powers, and ownership, as well as other rights. Until you go back to your homeland, you become a Koh Samui landowner.

  • Legal fees and taxes : Transfer of ownership will require legal taxes and fees. If you wish to own land in Koh Samui, you need to consider the cost of buying the land. It is important to seek the guidance of a professional real estate agent and a lawyer to help you acquire the purchase process of Koh Samui land.

Leasehold agreement and setting up a Thai limited company to own land in Koh Samui differ in various ways:

Leasehold Agreement:

  • A foreigner can own the structure but not the land under a leasehold agreement.

  • Typically, the land is owned by a Thai national or a Thai limited company which the foreigner then leases.

  • The lease is done for a period not exceeding 30 years and is renewable.

  • The lease is then registered with the Thai Land Office and the landowner is responsible for maintaining the structures and the land leased.

  • Newly acquired land can accept the lease when it is sold during the lease term. This is the most straightforward method, and as the foreigner, you have full interest in the property for the period agreed.

Thai Limited Liability Company:

  • A foreigner too can hold land under a Thai limited liability company.

  • The only requirement is that a foreign individual can hold shares.

  • However, there should be a minimum of two Thai national shareholders with a majority stake of 51%.

  • The company should also engage in lawful business activities in Thailand or remain unregistered.

  • Under this method, the company leases the land and owns the structure in the land.

  • The method is more controlled by the foreigner because the foreign managing director has complete control of the company and its assets, including the land.

Both the above methods have been used by foreigners to buy property in Koh Samui for years. The method you choose depends on your circumstances and legal advice. You, therefore, need to find a lawyer or a real estate agent who is ready to get you the appropriate legal structure for your circumstances.

 Koh Samui lawyer specialized in immigration

How Immigration Lawyer in Koh Samui Can Assist You :

  • Help with visa applications: The immigration lawye will assist with every type of visa applications. It includes marriage visas, retirement visas, work visas, and others.

  • Advising on immigration laws and regulations: The immigration lawyers in Koh Samui provide advice on Thailand’s immigration laws and regulations. It includes what is required to obtain a visa and work permit . The law firm’s immigration lawye in Koh Samui provides services to those who need help to apply for a work permit in the Kingdom.

  • Help with a matter about ownership : On the client’s request, the law firm offers another immigration-related advice. It includes such a matter as property ownership. It will address the question on how to purchase property in Thailand with the minimal risk to lose it.

  • Help with a legal dispute: Such a law firm as the Immigration Professions can assist with legal disputes concerning immigration. We provide services for those who want to appeal a visa denial or revocation.

  • Transcription services: The law firm’s services offer transcription of all the necessary documents for applying for a visa or other papers locates to immigration matter.

Possible Fee or Charge When Hiring a Immigration Lawyer :

  • Fee for the first consultation: It is either required fee or free first consultation depends on the law firm.

  • Some immigration lawyers offer clients either a fixed fee or hourly rate depends on the consultation and specificity of the case to provide predictable expenses to avoid the loss. 

  • Most fees depend on the necessity during the immigration process are transcription of papers, paperwork fee, or the travel expenses. You should consider such a possibility when you go to consult a immigration lawyer or a lawyer providing immigration service

  • Before entering an agreement, ask for the written bill of any charges or fees and be sure that the agreement is in writing because Thailand does not provide any unwritten contracts with a legal protection.

Our law firm has a presence in multiple cities across Thailand. Our offices are located in Koh Samui, Bangkok, Phuket, and Pattaya, ensuring that we are accessible to our clients no matter where they are. Whether you need assistance with business law, immigration, real estate, or other legal matters, our experienced team is here to provide expert guidance and support throughout the country.

INTERNATIONAL LAW FIRM