Integrity Legal

Posts Tagged ‘Foreign Tambien Baan’

3rd March 2010

As readers of this blog may recall from a previous post, the Thai authorities recently announced that the fee waiver for Thai tourist visas was ending in March of this year. However, ThaiVisa.com has recently reported that the tourist visa waiver program is to be re-instituted in April of this year. Apparently, the positive impact upon the tourism sector is one of the underlying reasons for the extension of this program:

“Less than one month after Thailand’s Ministry of Foreign Affairs informed Thaivisa.com that the free tourist visa scheme would end on March 5, 2010, the Thailand Government has announced the tourism stimulus package will continue for another year, including $US10,000 in free riot insurance for tourists. The extension of the tourism industry stimulus package was approved by the cabinet today, March 2, 2010 in response to a request from the Ministry of Tourism and Sports. The extension will be effective from April 1, 2010 and go through to March 31, 2011 and appears to leave a three and a half week window in which tourist visas for Thailand will be charged for.”

As some may recall from another previous post on this blog, many Royal Thai Embassies, Consulates, and  Honorary Consuls around the world were unhappy with the no-cost tourist visa scheme as the funds previously accrued from processing tourist visas were no longer being paid. How this recent announcement will impact the Honorary Consulates as well as the Embassies and Consulates-General remains to be seen.

Another interesting aspect of the recent announcement is the fact that foreign nationals are also to be provided with no-cost riot insurance as part of this new program to revitalize the Thai tourist industry. To further quote from ThaiVisa.com:

“The $10,000 free riot insurance coverage was introduced last year and initiated by the Tourism Council of Thailand (TCT) in response to international insurance firms’ refusal to sell insurance coverage to visitors to Thailand following the 2008 closure of Thailand airports by members of the Peoples Alliance for Democracy (PAD). When the insurance coverage was first introduced last year, Kongkrit Hiranyakit, president of TCT, said the government had set aside Bt190.75 million ($US5.820 million) for the initial six month period covering May to October, 2009, with the Ministry of Tourism and Sports responsible for paying the insurance premium of $1 per visitor. The insurance policy provides for payments of up to $10,000 in the event of death, injury, and/or trip inconvenience, and appears to only cover people in possession of a 60-day tourist visa. Resident expatriates living and working in Thailand on non-immigrant visas do not appear to be covered for death, injury or inconvenience caused by riots.”

It will be interesting to see if the provision of this insurance will cause any stir among foreign residents as all of those who do not have Thai Permanent Residence are technically considered non-immigrants and therefore only “temporarily” staying in the Kingdom. This even applies to those with a Foreign Tabien Baan (also know as a Yellow Tabien Baan) as these registrations are specifically noted as “temporary.” Even though all non-residents are classified as non-immigrants, the category of the visa determines the privileges that will be extended to the visa holder. Therefore, those with a Thai business visa are entitled to file for a Thai work permit while those holding a tourist visa are not accorded that privilege. As a result, the provision of riot insurance could be viewed as as specific privilege that is only accorded to those holding certain types of Thai visas.

For further information about Thai Immigration please see: Thai visa.

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26th January 2010

There are many foreign nationals who have opted to take up long term residence in the Kingdom of Thailand. For many expatriates, a pivotal question regarding residence in Thailand deals with the issue of Thai property law. Under the current laws in the Kingdom of Thailand foreign nationals are effectively barred from purchasing a Freehold Chanote (Title Deed) to land in the Kingdom. This being said, foreigners are allowed to take freehold title to Thai Condos provided certain legal requirements are met, but for many foreign nationals in Thailand actual home ownership is the preferred method of living in the Kingdom.

In the past, a Thai company could be used to own Thai Real Estate, but the company had to be structured in such a way that it comported to Thai law. In recent months there has been some discussion by Thai government officials about doing away with this system of property ownership. How this will play out remains to be seen, but some foreigners, who are still interested in enjoying Thai property, are looking at other ways of structuring their interests so as to properly comport with possible future restrictions.

One method involves the bifurcation of Thai title. What this means is that the land underneath a structure is owned by a Thai while any structures on the land are owned by a foreigner. This arrangement would be legal under current Thai law, but many are confused about how such an arrangement could be set up. This is where the Yellow Tabien Baan becomes an issue.

A Yellow Tabien Baan is used by foreign nationals who live in the Kingdom. However, they are very difficult to obtain and are usually only promulgated if the foreign national has bought a Thai condo. That being said, a foreign national who is on a Tabien Baan can obtain a building permit to build a structure in Thailand. Once the structure is built, it can be owned wholly by a foreign national. A foreigner could secure long term lease to the underlying property while maintaining ownership of the structure. Use of a Thailand usufruct or superficies would also strengthen the foreigner’s property interests without violating the de facto restriction placed upon land ownership for foreigners. This is not the only benefit that a Yellow Tabien Baan can confer upon a Foreigner in Thailand as there are other major benefits that foreign nationals can enjoy by being on a Foreign Tabien Baan.

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