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The Research of Legal System of Thailand and Legal Information Related to Trade and Investment, Economy and Society in Thailand

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The Research of Legal System of Thailand and Legal Information Related to Trade and Investment, Economy and Society in Thailand THE RESEARCH OF LEGAL SYSTEM OF THAILAND AND LEGAL INFORMATION RELATED TO TRADE AND INVESTMENT, ECONOMY AND SOCIETY IN THAILAND SPONSORED BY OFFICE OF THE COUNCIL OF STATE OF THAILAND RESEARCHED BY SIAM UNIVERSITY 2020 Researchers Faculty of Law, Siam University Asst.Prof.Dr.Yutthana Srisavat Asst.Prof.Dr.Poom Moolsilpa Asst.Prof.Bhorntiwa Wijitgomen Dr. Prapaporn Rojsiriruch Kanyarad Pinseethong Chompunoot Tangthavorn Prommin Wongrat Maythavee Buasomboon Vareeya Yeukprasert Sansern Tejsihathananont Contents Chapter 1: Overall of Law in Thailand...............................................................1 1.1 Brief history of Law in Thailand....................................................................................1 1.1.1 Law in the period of Sukhothai kingdom....................................................................1 1.1.2 Law in the period of Ayutthaya Kingdom....................................................................2 1.1.3 Law in the period of Early Rattanakosin.....................................................................3 1.1.4 The reformation of law and judiciary in the reign of King Chulalongkorn (King Rama V).................................................................................................................................4 1.1.5 Democracy Movement B.E. 2475 (1932)...................................................................5 1.2 Thai Legal System....................................................................................................6 1.2.1 The principles of two main infuential legal systems to the Thai legal system..............6 1.2.2 History of how two main legal systems infuenced Thailand.......................................7 1.2.3 Infuences of two main legal systems on Thai Legal System......................................8 1.3 Source of Law..........................................................................................................9 1.3.1 Law enacted by the legislative branch.......................................................................9 1.3.2 Laws enacted by the Executive branch....................................................................10 1.3.3 Law enacted by other organizations........................................................................12 1.3.4 Laws. Enacted by the Coup Council........................................................................13 1.4 The Hierarchy of Law.............................................................................................14 1.5 Judicial system and Statutory interpretation...........................................................15 1.5.1 Thai Judicial System................................................................................................15 1.5.2 Statutory Interpretation and Fulflling Loophole in Civil Law......................................18 1.6 Law Enforcement and Practical Issues...................................................................23 Chapter 2 Law concerning with trade and investment....................................25 1. Foreign Trade and Services................................................................................25 1.1 International trade law............................................................................................25 1.1.1 Law prescribing regulations concerned with import and export...............................25 1.1.2 The Government Authorities concerned to importation and exportation categorized by goods under their controls.......................................................................................................................28 1.1.3 Import and export in Thailand..................................................................................30 1.1.4 The legal process for importing goods to Thailand...................................................32 1.1.5 The Thai government policy on taxation supporting for exporting............................40 1.1.6 The customs ofense and penalties..........................................................................47 1.1.7 Anti-dumping and other trade barriers.....................................................................51 1.1.8 Organization concerning with trade and service of a foreigner.................................53 1.2 Privileges that the Thai government provides to entrepreneurs who are nationals of ASEAN member countries........................................................................................................55 1.2.1 Privilege under the ASEAN Economic Community (AEC).........................................55 1.2.2 Relevant agencies involved in facilitating and granting benefts to entrepreneurs with ASEAN nationalities....................................................................................................................................58 1.3 Laws relating to Working of Foreigners..................................................................60 1.3.1 Types of Legal Foreign Workers in Thailand.............................................................62 1.3.2 Qualifcations of workers eligible for a work permit...................................................63 1.3.3 Types of work allowed for foreign workers...............................................................64 1.3.4 Types of work permits..............................................................................................67 1.3.5 Application procedure..............................................................................................71 1.3.6 The government agencies to approve a work permit application.............................73 1.3.7 Number of permitted foreign workers.......................................................................74 1.3.8 Penalties..................................................................................................................75 1.3.9 Right to Appeal......................................................................................................107 2. Foreign Investment............................................................................................108 2.1 Laws relating to foreign business operations........................................................108 2.1.1 Joint venture business...........................................................................................108 2.1.2 Concession............................................................................................................108 2.1.3 Benefts of foreigners of ASEAN citizenship and related investment laws...............109 2.1.4 Reservation of Thailand reserved for entrepreneurs and investors in ASEAN countries under Thai law.............................................................................................................................115 2.2 Benefts that the Thai government provides to ASEAN member countries...........116 2.2.1 Introduction............................................................................................................116 2.2.2 ASEAN Comprehensive Investment Agreement (ACIA)..........................................116 2.2.3 Other benefts that aliens will receive......................................................................119 3. The Immigration Law.........................................................................................120 3.1 Entering the Kingdom...........................................................................................120 3.1.1 Prescribe criteria of entering and exiting the Kingdom...........................................120 3.1.2 Visa Issuance.........................................................................................................122 3.2 Stay in the Kingdom.............................................................................................131 3.2.1 Temporary Stay in the Kingdom.............................................................................131 3.2.2 Taking Residency in the Kingdom..........................................................................134 3.3 Government agencies involved with the immigration............................................147 3.3.1 The Immigration Bureau.........................................................................................147 3.3.2 Thai Embassy and Consulate..................................................................................151 3.3.3 Royal Thai Embassy...............................................................................................151 3.3.4 Ministry of Foreign Afairs.......................................................................................151 3.3.5 Ministry of Interior...................................................................................................151 4. Business Law.....................................................................................................152 4.1 Trade law.............................................................................................................152 4.1.1 Partnership.............................................................................................................152 4.1.2 Company...............................................................................................................156 4.1.3 Public-Private Partnership......................................................................................160 4.1.4 Agencies relevant to trade laws.............................................................................162 4.2 Taxation Law........................................................................................................163
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