Integrity Legal

In a recent announcement in the Royal Thai Gazette, it came to this blogger’s attention that new regulatory protocols are likely to soon take effect with respect to foreign labor in Thailand. Below is an English translation of the announcement, for the full un-translated announcement please see the aforementioned link:

Dated November 2,

Order of the Security Council

On Proving the Identity of foreign labour

As the system which is presently used for screening some category of people who enter the Kingdom cannot provide enough proof of identity which is needed to protect the stability of the country. Presently, many people are coming into the country to work as labour, both legally and illegally and it is not easy to confirm the identity of the labour force. The collection of the data which is needed to confirm the identity is presently confusing because the responsibility for the information is scattered between various departments depending on the duty and authority of the person involved.  Also, different methods are used creating confusion and delays in accessing the data if needed.  Therefore, a committee will be set up to oversee the collection and storage of data from the workers and set up a date base with all the history clearly shown. A system will be set up which will be legal and also maintain the confidentiality of the information and also prevent the information from being used against the wishes of each person. This is to prevent any destruction of the peace and also to ensure the safety of the country, in labor, economy and society.

The order following Matra 265 of the Constitution of Thailand and section 44 of the Constitution of Thailand (temporary) is as follows:

1. Committee refers to the Committee who will study how the data should be kept.

“22 provinces along the coast refer to Krabi, Chantaburi, Chachoengsao, Cholburi, Chumporn, Trat, Trang, Nakornsritammarat, Naratiwas, Prachuab, Pattani, Panga,  Petchburi, Phuket, Ranong, Rayong, Songkla, Satul, Samutprakarn, Samutsongkram, Samutsakorn and Surattani.

2. The member of the Committee are comprised of …………[list of committee members]

3. Duties  and Authority of the Committee

(1) Consider a method to set up a system to prove the identity of the immigrant laborers by collecting and keeping the data of the laborers in the fishing sector which the Harbor Department and the Labour Department are both handling at the moment. (2) Appoint a department which will have the duty and authority to collect the data which contains the relevant information on the identities including setting the criteria and method to be used and also linking the various agencies involved in collecting, maintaining, and proving the identities of the immigrant laborer so the data can be accessed conveniently and efficiently.

(3). Appoint a department which will have the duty and authority of saving the data under no (1) and (2) so it is safe and trustworthy enough to use in proving the identity of the laborers.

(4) Carry out duties delegated by the Prime Minister

4. The method of saving the data referred to in 3 (1) should commence with data of immigrant laborers in the fishing industry and sea food factories in the 22 coastal provinces. This must be completed by 31 March, 2018.

The committee may expand the area to include additional provinces as instructed by the Cabinet.

5. With regards to labor in other sectors, the committee should advise the Cabinet as to which department is responsible for the collection and saving of data and the time frame required to complete data base.

6.  The data on immigrant laborers already collected by the Labor Department prior to this new announcement should continue to be used until instructed otherwise by the Committee.

7. The Department of Budget should consider how much budget the Committee and departments authorized by the Committee will require to carry out the instruction.

8. If the Prime Minister or Cabinet member deems it necessary, the Council for Peace (not sure of the name) are allowed to change these instructions.

9. This instruction comes into force on the day of announcement.

The above translation should not be construed as a definitive interpretation of the material in Thai, but is simply provided for informational purposes of a general nature.

Although it appears that this announcement pertains specifically to migrant labor in the fishing sector it remains to be seen whether or not this announcement could have an impact upon labor matters in Thailand more generally. Meanwhile, as has been pointed out in prior postings on this blog regarding Thai work permit protocols: Thai labor regulation, and the enforcement thereof, has become increasingly strict in recent months. A previously proposed overhaul of the labor regulations and fines has been put on hold until the beginning of 2018 in order to allow employers and migrant labor time to adjust to the new regulations. How the enforcement mechanism will operate from January 2018 onward remains to be seen, but if the above announcement is any indication, the Labor authorities in Thailand appear committed to tracking and monitoring foreign workers in Thailand.

Tags: Royal Thai Gazette, Thai Visa, Thai Work Permit, Thai Work Visa, Thailand Business, Thailand Business Visa, Thailand company, Thailand Labor Ministry, Thailand Labour Law, Thailand Visa, Thailand Work Permit, Thailand Work Visa, Working in Thailand
Posted in Thailand Work Permit | 1 Comment »

It recently came to the attention of the administration of this web log that the Royal Thai Gazette has recently published an announcement regarding changes to the methodology in which Value Added Tax (VAT) is calculated in Thailand. Below please find an English translation of this announcement:

Page 6

(Official Emblem)

ROYAL DECREE

Issued under the Revenue Code

Regarding Value Added Tax Rate Reduction (No. 646)

B.E.2560 (2017)

————————————-

His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun,

Given on 30 September 2017

of the second year in the present reign.

His Majesty King Maha Vajiralongkorn Bodindradebayavarangkun is graciously pleased to proclaim that:

Whereas it is appropriate to adjust the Value Added Tax Rate Reduction.

By virtue of Section 175 of Constitution of the Kingdom of Thailand and Section 80 of the Revenue Code which amended by Revenue Code Amendment Act (No. 30) B.E. 2534 (1991) Be it; therefore, enacted by His Majesty the King, as follows:

Section 1. This Royal Decree shall be called the “Royal Decree under the Revenue Code, regarding Value Added Tax Rate Reduction (No. 646) B.E.2560 (2017)”

Section 2. This Royal Decree shall come into force on and from the date of 1st October B.E.2560 (2017).

Section 3. The order of the Head of the National Council for Peace and Order No. 65/2559 on the Reduction of Value Added Tax Rate dated on 1st November B.E.2559 (2016) shall be repealed.

Section 4. There shall be reduced the Value Added Tax Rate in accordance with Section 80 of the Revenue Code and shall withhold at the following details;

(1) In the rate of 6.3 percent of sale, service or import in all kind thereof which shall be effective from the date of 1st October B.E.2560 (2017) to 30th September B.E.2561 (2018).

(2) In the rate of 9 percent of sale, service or import in all kind thereof which shall be effective on and from the date of 1st October B.E.2561 (2018).

Section 5. The Minister of Finance shall have the care and charge of this Royal Decree.

Countersigned

Colonel-General Prayut Chan-o-cha

Prime Minister

For those interested in viewing the Thai version of the original announcement please click HERE to go to the view the PDF from official website of the Royal Thai Gazette. Please note that this translation is provided for informational purposes only and should not be viewed as a definitive legal interpretation of Thai law.

Two provisions are notable within this announcement, the first is that the VAT is to be lowered from 7% to 6.3% for the next year. Meanwhile, from October of 2018 onward the effective VAT tax rate is apparently to be 9%. This is an overall increase from the current rate of 7% which was the rate prior to the recent announcement.

Tags: Royal Thai Gazette, Taxes in Thailand, Thai VAT, Thailand Accounting, Thailand Tax, Thailand VAT, Value Added Tax, VAT
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