Do we have Offences to Counterfeiting money ?

Yes, is a big offence with imprisonment for life or imprisonment from ten to twenty years. Possessing counterfeited money for use is also guilty with imprisonment of one to 15 years.
Someone may not know it is faked when he/she gets it. But once he/she knows it, he/she must not use it because if he/she uses it as money he/she with be guilty with punishment of imprisonment as high as 10 years or fine not more than 20.000 baht or both.
If it is foreign money, the punishment is half of Thai money. Whoever brings into Thailand any faked money is punishable with the same punishment as counterfeiting it. You may be free from being Punished only if you can prove that you did not know it was faked when you got it. But whenever you know it, you must not it. Instead, you should notify it to the administrative authority near you, such as the village head man or police. Possessing it knowingly, you are guilty and can be arrested.

By KRAIVIT BUSINESS AND ESTATE LAW OFFICE :

WWW. K- HUAHINLAWYER.COM

HOW TO CHECK CONDOMINIUM UNIT BEFORE PURCHASING

In case the condominium is not yet completed:

1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.

2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.

3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.

4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.

5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.

7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.  

In case the condominium has already been completed:

1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.

2.         Check and record the land deed’s number, layout plan of the building and the access of the building.

3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.

4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.

5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.

6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.

7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

WHO ARE LABOR INSPECTORS AND WHAT IS THEIR POWER?

Labor  Inspectors  are  government  officials  with  the  authority  to  inspect  and  to  take  care  of  the  labor  matter  in  accordance  with  the  Law.  They  are  appointed  by  the  Labor  Minister.  They  are  empowered  to:

1.  enter  any  business  enterprise  or  office  of  the  employer  and  the  work  place  of  employees  for  inspection  including  the  power  to  inspect  books  of  accounts  and  records  and  take  photo  copies  thereof;

2.  summon  any  person  for  inquiries;

3.  order  in  writing  the  either  the  employer  or  employees  to  comply  with  the  Law.

4.  They  have  to  show  their  official  ID  cards  in  performing  the  above  duties  to  the  persons  concerned  who  will  have  to  accord  them  with  every  facility  in  performance  of  their  duties.

.  Inspector’s  Companion

                In  performing  the  duty  of  a  labor  inspector,  the  Director – General  or  his  assignee  may  provide  the  inspector  with  a  doctor  or  a  social  welfare  official  or  an  expert,  to  accompany  the  inspector  into  any  work  place  to  give  him  opinions  or  assist  him  in  performing  his  duty.

.  Service  of  document

                The  service  of  an  official  order  or  a  document  may  be  made  in  either  of  the  two  the  following  ways,  namely.

1.  By  registered  mail  with  returned  receipt;  or

2.  By  hand,  with  which  the  inspector  may  do  it  by  himself  or  by  an  official  having  the  duty  to  serve  such  a  document  at  the  domicile  or  living  place  of  the  receiver  on  the  person  himself  or  any  other  person  sui  juris  being  in  that  place.  In  the  case  of  such  other  person  receiving  the  document,  the  service  shall  be  effective  after  15  days  from  the  date  of  service.

By  huahin   Business   lawyer

www.k-huahinlawyer.com

WORK PERMIT IN THAILAND

To legally work in Thailand, a foreigner must apply for a work permit. Work permit is a legal document that states a foreigner’s position, current occupation, or job description and the Thai company he is working with. It also serves as a license to perform a job or an occupation allowed for foreigners inside Thailand.

Foreigners entering Thailand are not permitted to work, regardless of their type of visa, unless they are granted a work permit. Those who intend to work in Thailand must hold the correct type of visa to be eligible to apply for a work permit.

To secure a work permit in Thailand, a foreigner needs an initial visa, which is a non-immigrant visa. The non-immigrant visa must be obtained before entering Thailand.

Once the foreigner has a non-immigrant visa, he may begin to process the work permit. The work permit process would take 7 business days to accomplish. Work permit application is processed in the Ministry of Labor office.

A foreigner is eligible to apply for a work permit as long as he has a non-immigrant visa or a resident visa, has an available employer who will provide documents for work permit, and the occupation he will perform is not prohibited to foreigners.

The applicant has to submit the following documents:

• 2 inches photo

• medical certificate

• original passport

• letter of employment

• certificate of degree

• address in Thailand

The employer has to provide the following:

• company certificate and objectives

• list of shareholders

• application for VAT

• withholding tax of the company

• financial statement

• photocopy of the director’s passport and work permit with signature affixed

• office map

• letter of employment stating position and salary of applicant

• employment agreement

Once granted, the foreigner has to bring the work permit all the time especially at the work place and during working hours. Please note that the foreigner can only perform the job stated in the work permit and on the specific employer.

Credit By Kraivit : huahin law office.
If you are in Thailand, Hua Hin, you can request a consultation  huahin solicator at K-huahinlawyer.com. 

HOW TO CHECK CONDOMINIUM UNIT BEFORE PURCHASING

In case the condominium is not yet completed:
1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.
2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.
3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.
4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.
 5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.
6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.
7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.


In case the condominium has already been completed:
 1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.
2.         Check and record the land deed’s number, layout plan of the building and the access of the building.
3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.
4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.
5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.
6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.
7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

In case the condominium is not yet completed:
1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.
2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.
3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.
 4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.
 5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.
 6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.
7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.

  In case the condominium has already been completed:
1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.
2.         Check and record the land deed’s number, layout plan of the building and the access of the building. 3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.
4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.
5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.
6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.
7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

 
Credit By Mr. Kraivit : Huahin law office.

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD
1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.
2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed may be a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.
3.         If not keep it with yourself, only entrust the land deed with someone you can trust.
4.         Avoid signing any blank document especially a power of attorney.
5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.
 6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.
 7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.
8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.
9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD
1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.
2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed maybe a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.
3.         If not keep it with yourself, only entrust the land deed with someone you can trust.
4.         Avoid signing any blank document especially a power of attorney.
5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.
6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.
7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.
8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.
9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)



Credit By Mr. Kraivit : Huahin law office.

LITIGATION

Generally, the lawsuit in Thailand is not much different from the other countries except that the Thai court seems to be strict with the court’s procedure. Therefore, the preparation of the case for both suing and defending must not focus only on the laws but also the procedure as well such as the procedure concerning the temporary protection order from the court before the making the judgment.

In case there is a breach of agreement, under the law, you have 2 options;
1) file the case enforcing the defendant to comply with the agreement and
2) terminate the agreement and file the case claiming the paid money and damages from the defendant. The temporary protection order from the court must be in line with the essence of such lawsuit, therefore, if the option 2 is taken and the agreement is terminated, it may not be able to ask for a temporary protection order and may cause a problem in the enforcement after winning the case because the defendant may not have any properties left for seize, for example; Mr. A made prospective sale and purchase agreement for a land with Mr. B by paying in installment. Mr. B then sold the land to Mr. C provided that Mr. C already knew of the agreement between Mr. A and Mr. B, which means, according to the law, Mr. C was not honest. Mr. A will have such abovementioned 2 options to take. If a bad option is taken and Mr. A sue the case requesting the revocation of the sale and purchase between Mr. B and Mr. C, during the proceeding of the court, Mr. C may transfer the land to the third party and the judgment in the case will not affect the third party. In the end, even if Mr. A win the case, Mr. A won’t have the land and may not get a money back from Mr. B because Mr. B may transfer or hide his properties away. This is just one of an example from a real story that can ruin your life if you don’t thoroughly understand the law. Our team is full with lawyers all graduated from the law school and the Thai Bar and have a lot of work experiences in both government and private sections, so our team possesses with profound and in-depth knowledge making us to be able to handle with many complicated cases including family case, business and trading case, real estate case, criminal case and more.

In  Thailand , Huahin.  You can contact Mr.Kraivit : Huahin Legalization