Learn more about Koh Samui law firm in Thailand
Benoit & Partners — expert legal services for Koh Samui
Our multidisciplinary team — Thai and international lawyers, tax specialists and accountants — accompanies every project from end to end: from due diligence and property transactions to company registration, immigration and dispute resolution. Although we do not maintain a permanent office in Koh Samui, our lawyers regularly travel to the island and work with trusted local partners to provide on-site assistance.
Why choose us
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:
To 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.
A foreigner must have an employer who will provide documents for the work permit application. The employer must be a registered Thai company.
The applicant must prepare the following documents: 2 photographs, medical certificate, original passport, letter of employment, graduation certificate, and address in Thailand.
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 for more information.
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.
- 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 x 5×6 cm photographs taken within the last six months, marriage certificate (if any) and a medical certificate issued within the last 30 days.
In Thailand, a work permit is mandatory for any foreign national wishing to be employed. Both employers and employees are subject to sanctions for non-compliance. Employers can be fined, and foreign nationals working without a permit can be fined and imprisoned. It is recommended that you consult a qualified legal professional for further information and guidance.
Professions reserved for Thai nationals
Certain professions in Thailand are reserved exclusively for Thai nationals. 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 and 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.
Legal services available in Koh Samui law firms
Below is a list of offered legal services on the island:
Preparing your expatriation to Koh Samui
Advantages of expatriating to Koh Samui
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. The main legal challenges are:
Laws on this matter prohibit foreigners from owning land in the country, but it is possible to acquire a condominium. You will need to consider the personalised property acquisition conditions in Koh Samui, depending on the chosen corridor of purchase.
If you plan to live on the island, you will have to acquire a Thai residence permit. It may vary depending on the reasons to stay in Thailand, such as work, retirement, or study.
There are occupations that cannot be occupied by foreign citizens in Thailand, such as street vending, hairdressing, plumbing and many others. Before seeking a job in the location, some economic sectors may have restrictions.
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, you need to look at what types of taxes you will need to pay.
To protect your legal rights in Koh Samui it is advisable to obtain legal services in this area, as the legislation of this country is quite specific.
Finding accommodation in Koh Samui
Recommended neighbourhoods for expatriates in Koh Samui
Each area has its own advantages and disadvantages depending on individual preferences. It is advisable to visit neighbourhoods before making a final decision, taking into account factors such as proximity to amenities, cost of living, safety, etc. Average rental prices are estimates and may vary depending on size, location and amenities.
Property ownership legal services — our Koh Samui law firm
Condominium ownership
You can consult our Koh Samui law firm for more details on laws and legal rules about condominiums:
- The Condominium Act: Thailand follows the Thai Condominium Act of 1979, which governs 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 may depend on a case-by-case scenario. It is wise to seek a law firm or at least a real estate agent’s guidance while making the purchase.
- Fees and taxes: In Thailand, fees and taxes for purchasing a condominium cover the property transfer fee, property tax, condominium management fee, utility fee, sinking fund, etc. Consultation and evaluation of costs before agreeing to purchase 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
Many services for villa ownership in Koh Samui provide a range of services to villa owners, helping to manage and maintain their villas:
- Property management services covering regular maintenance and repair of the building and its grounds. Service providers liaise with cleaners, gardeners, pool maintenance teams and other providers for the care and upkeep of the villa.
- Rental management services, allowing villa owners to rent out their properties to vacationers or long-term tenants to generate extra income. The provider can advertise and market the property, take bookings and deal with enquiries, and handle checking-in and checking-out of tenants.
- Financial management, including collecting rent and paying all bills from the villa owner’s bank account. Providers can offer regular financial reports and help with tax, administrative duties, and compliance with regulatory issues.
- A wide variety of guest services to make stays more comfortable: airport pickup, restaurant and bar recommendations, booking of tours and activities, and concierge services.
- Legal assistance with setting up a lease, and general information about laws and regulations in Koh Samui regarding property.
Land ownership services
Leasehold Agreement vs. Thai Limited Liability Company
- –A foreigner can own the structure but not the land under a leasehold agreement.
- –Typically, the land is owned by a Thai national or Thai limited company which the foreigner then leases.
- –The lease is for a period not exceeding 30 years and is renewable.
- –The lease is registered with the Thai Land Office and the landowner is responsible for maintaining the structures and land leased.
- –This is the most straightforward method: as the foreigner, you have full interest in the property for the agreed period.
- –A foreigner can hold land under a Thai limited liability company.
- –A foreign individual can hold shares, but there must be a minimum of two Thai national shareholders with a majority stake of 51%.
- –The company must engage in lawful business activities in Thailand.
- –The company leases the land and owns the structure in the land.
- –The foreign managing director has complete control of the company and its assets, including the land.
Both methods have been used by foreigners to buy property in Koh Samui for years. The most suitable method depends on your specific circumstances. You are encouraged to consult Benoit & Partners, whose lawyers — while based in Bangkok — work with trusted local contacts in Koh Samui and can travel to the island to help you establish the most appropriate legal structure for your situation.
Koh Samui lawyer specialised in immigration
How an immigration lawyer in Koh Samui can assist you:
Possible fees when hiring an immigration lawyer
- A first consultation fee may be required or may be free, depending on the law firm.
- Some immigration lawyers offer clients either a fixed fee or hourly rate depending on the consultation and specificity of the case, to provide predictable expenses.
- Most fees depend on the necessity during the immigration process: transcription of papers, paperwork fee, or travel expenses. Consider this possibility when consulting an immigration lawyer.
- Before entering an agreement, ask for a written bill of any charges or fees and be sure the agreement is in writing — Thailand does not provide legal protection for unwritten contracts.
A project in Koh Samui?
Our lawyers secure every step — first consultation free of charge.
FAQ — Koh Samui Law Firm
A law firm generally assists foreign clients with immigration matters, property transactions, company registration, work permits, visa applications, and dispute resolution. These services are adapted to the specific legal restrictions applicable to non-Thai nationals. The role of the law firm is to ensure compliance with Thai law while protecting the client’s legal and financial interests.
Yes, a law firm can effectively assist clients through a network of trusted local partners and by sending lawyers to the island when required. This structure allows clients to benefit from on-site legal support without compromising on expertise. The level of service remains identical to that offered from a main office in Bangkok.
A law firm advises on the appropriate visa category, prepares the required documentation, and coordinates with the Ministry of Labour and Immigration authorities. The firm also ensures that the work permit conditions match the visa and employment structure. This reduces the risk of delays, refusals, or sanctions for non-compliance.
Engaging a law firm is strongly recommended when purchasing property, as foreigners face ownership restrictions under Thai law. The law firm conducts legal due diligence, verifies land titles, drafts or reviews contracts, and structures the transaction legally. This assistance significantly reduces the risk of invalid ownership or future disputes.
Yes, a law firm can explain the Condominium Act and verify whether the foreign ownership quota has been respected. The firm also handles funds transfer compliance, contract review, and registration at the Land Office. This ensures the condominium purchase is legally valid and enforceable.
A law firm drafts and reviews leasehold agreements to ensure they comply with Thai law and are properly registered. The firm also advises on lease duration, renewal clauses, and rights attached to the structure. This is essential for foreigners who cannot own land directly.
A law firm assists with company incorporation, shareholder structuring, statutory compliance, and business licensing. The firm also advises on foreign ownership limits under the Foreign Business Act. Proper legal structuring is essential to avoid nominee arrangements and regulatory penalties.
A Koh Samui law firm supports expatriates by coordinating visas, work permits, administrative registrations, and legal compliance before arrival. The firm can also advise on housing, taxation exposure, and legal obligations in Thailand. This preparation helps ensure a smooth and lawful transition.
Yes, a law firm can represent foreign clients in civil, criminal, or administrative disputes through local courts or authorities. The firm manages communication, procedural steps, and legal strategy. This is particularly important for clients unfamiliar with the Thai legal system and language.
Permanent residency offers stronger legal stability, eliminates visa renewals, and provides greater flexibility. It is suited to individuals seeking long-term integration in Thailand. Long-term visas remain more temporary by nature.