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Alien Business Investment Act
Alien Business Investment Act
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that:
Whereas it is expedient to improve the law relating to alien working.
Be it, therefore, enacted by His Majesty the King, by and with the advice and consent of the National Legislature, as follows:
Section 1 This Act shall be call the “Alien Working Act B.E. 2521 (1978)”.
Section 2 This Act shall be come into force from the day immediately following the date of its publication in the Government Gazette.
Section 3 The Announcement of the National Executive Council No. 322, dated 13 December 1972 (B.E.2515) shall be repealed.
Section 4 This Act shall not apply to the performance lf duties in the Kingdom by an alien specifically in any of the following capacities.
  • A person in a diplomatic corps;
  • A person in a consular mission;
  • A representative of a member country and an official of the United Nations And its specialized agencies;
  • A personal servant coming from abroad to work regularly for a person under (1),(2) or (3);
  • A person who performs duties or missions pursuant to an agreement between the Thai government and a foreign government or an international organization;
  • A person who performs duties or missions for the purposes of education, culture, arts, sports or other activities as may be prescribed by a Royal Decree;
  • A person permitted by the government to enter Thailand to perform any duty or mission.
Section 5 In this Act:
“Alien” means a natural person who has no Thai nationality.
“Work” means to work using physical force or knowledge, whether or not with the aim to receiving remuneration or any other benefit.
“Permit” means a work permit.
“Permit holder” means an alien who has been granted a permit.
“Board” means the Alien Working Consideration Board.
“Competent officer” means a person appointed by the Minister as the Alien Working Registrar.
“Registrar” means a person appointed by the Minister as the Alien Working Registrar.
“Director – General” means the Director- General of the Labour Department.
“Minister” means the Minister in charge of the enforcement of this Act.
Section 6 Subject to Section 12, the provisions as to any works prohibited to aliens in which localities or at which time, and that the prohibition shall be imposed definitely or under any conditions or to which extent shall be prescribed by a Royal Decree.
Section 7 Subject to Section 10, any work not prohibited in a Royal Decree issued under Section 6 may be done by an alien upon receipt of a relevant permit from the Director – General or an official assigned by the Director – General, except for aliens coming into the kingdom temporarily under the immigration law to perform a needed and urgent work with a working period of not more than fifteen days. However, such alien may perform such work after giving written notice to the Director – General or the official authorized by the Director – General of the same, in the form prescribed by the Director – General.
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