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Work PermitsAn alien must have a Thai work permit in order to work in Thailand» Introduction Introduction While most aliens must apply for a work permit and may start working only after a work permit has been issued. The Immigration Law prescribes a number of visa categories. Aliens wishing to reside and work in Thailand need a non-immigrant visa, which is initially valid for 90 days or 1 year and is renewable. The procedures to acquire a non-immigrant visa valid for 1 year are usually complicated and are linked to procedures of the Labor Department governing work permits. Aliens of most nationalities may enter Thailand for periods of between 15 and 30 days without a visa. Alien Business Law "Alien" means a natural person and juristic person without Thai nationality, including a company with half or more than half of its shares held by aliens, or a company with half or more than half of its shareholders being aliens. The most important law governing majority alien-owned businesses in Thailand is the Alien Business Law, which controls three broad categories of businesses. Generally, businesses in category A are closed to aliens, while businesses in categories B and C are open to aliens under some conditions. There remain a number of businesses, including most manufacturing businesses, which do not fall within any of the three categories and are open for investment by aliens. The 1996 Treaty of Amity and Economic Relations between Thailand and the USA provides an exemption from the restrictions of the Alien Business Law for US nationals and corporations for most (but not all) controlled businesses. Other businesses not mentioned in these three categories are opened to aliens but must have a minimum capital of 2,000,000 Baht. In addition the Treaty of Amity and Economic Relations between Thailand and the USA provides an exemption from the restrictions in the Alien Business Act for US nationals and corporations for most controlled businesses. There is also the possibility of exemption under treaties to which Thailand is a party, as well as for businesses promoted by the BoI. Permitted Activities The law prohibits employers from permitting an alien to perform any function other than that described in the alien's work permit. The employers must report changes in employment, transfers, and termination of every alien in their establishment within fifteen days. In the termination case, the work permits must be returned to the competent labour authorities at the Alien Occupation Division in Bangkok Metropolis or at the appropriate Labour Office in a provincial area, otherwise a fine of up to Baht 1,000 will be imposed on the employees.
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