application procedures for business operation and ... · application procedures for business...

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Application Procedures for Business Operationand Application for Privileges in the Industrial Estate

Application for land utilization tooperate business in the Industrial Estate.

Application form for land utilization to operate business in the Industrial Estate (I-EA-T. 01/1)

I-EA-Tconsidersgrantingapproval

Permit for Land Utilization forBusiness Operation in Industrial Estate (I-EA-T. 01/2)

Construction/

Certification

of Building

Addition/

Change of

Type of

Business

Operation

Request for

Extension of

Construction

Period/

Business

Operation

Notification on

Business

Commencement

Expansion of

Factory

Notification on

Commencement

of Expansion

Change

of Name

Assignment

of Right to

Land

Utilization

Renewal

of Permit

Request

for Land

Entitlement

in Industrial

Estate by

Business

Operators/

Traders

Request

to Bring in

Aliens to

Stay and

Work in the

Kingdom

Request for

Certification

as Business

Operator in

Free Zone

Request

to Import

Machinery,

Equipment,

etc.

into Free

Trade Zone

Application for land utilization

and business operation

Tax and Duty Privileges

Non Tax and Duty Privileges

Application for Permission to

Take Things from Free Trade Zone

on Temporary Basis

Application for

Permission to Take Things

from Free Trade Zone

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Contents

Submission of Application for Each Category of Permission

Chapter 1 Application for Land Utilization for Business Operation in the Industrial Estate

Chapter 2 Application for construction permission, notification on intent to construct

buildings, certification of buildings and inspection of building conditions

Chapter 3 Business Operation in Industrial Estate

Chapter 4 Entitlement to the land

Chapter 5 Application for alien skilled person or expert with spouse and dependents

to enter and stay in the Kingdom

Chapter 6 Application for Tax Privileges

Submitting Application through Extensible Provisioning Protocol (e-PP)

Beginning to use the system

How to access and use the system

Category of Applications Eligible to be Submitted Through Electronic System

System Utilization Procedures

ë Category of Application for Land Utilization and Business Operation

in the Industrial Estate

ë Category of Application for Construction of Buildings in the Industrial Estate

ë Category on Tax Privileges

ë Category on Non-Tax Privilege Application

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12

15

20

24

32

45

46

47

48

52

57

60

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Chapter 1Application for Land Utilization for

Business Operation in the Industrial Estate

Application for land utilization to

operate business in the Industrial Estate.

Application form for land utilization to operate business

in the Industrial Estate (I-EA-T. 01/1)

I-EA-Tconsidersgrantingapproval

Permit for Land Utilization forBusiness Operation in Industrial Estate (I-EA-T. 01/2)

3

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Application for Land Utilization for Business Operation in the Industrial Estate

Submission of Application Form for Land Utilization for Business Operation in the Industrial Estate(I-EA-T. 01/1)The business operator wishing to operate business in the industrial estate must follow the following

procedures:

1. The business operator must fill in the Application Form for Land Utilization (I-EA-T. 01/1) and prepare

3 sets of attached documents.

2. The business operator can submit such Application Form for Land Utilization at the one-stop-service

center (OSS) or at the I-EA-T Head Office or at the Industrial Estate Office.

3. The I-EA-T shall consider granting approval/permit and notify the business operator to pay service

fees and receive the permit and 1 copy of the application form (I-EA-T. 01/1).

4. If the infrastructure systems of such industrial estate are managed by the I-EA-T, a contract for land

utilization must be made, the service fee paid and the permit be given, all in the same day.

The I-EA-T shall consider the business operation and details of the manufacturing which must be in

accordance with the criteria and conditions of:

ë The Industrial Estate Authority of Thailand Act B.E. 2522 (1979) and its amendment.

ë The Environment Impact Assessment (EIA) of the Industrial Estate (in which such business operator

wishes to utilize the area).

ë The Enhancement and Conservation of Environment Quality Act B.E. 2535 (1992).

ë The Factory Act B.E. 2535 (1992).

ë The Energy Business Act B.E. 2550 (2007).

ë The policies and notifications of the Ministry of Industry.

ë Notifications of the Ministry of Natural Resources and Environment.

ë Notifications of the Board of Directors of I-EA-T, notifications of the I-EA-T.

ë Regulation of the Board of Directors of I-EA-T on Rules, Methods and Conditions in Operating Business

in the Industrial Estate B.E. 2551 (2008) and its amendment.

ë Other relevant laws such as law governing city planning, law governing food and drug, Hazardous

Materials Act, etc.

Preparation of documents in support of the application for land utilization and operation ofbusiness in Industrial Estate (I-EA-T. 01/1)For natural person applicant- Copy of house registration certificate and identification card or a copy of passport (in case of alien)

of the applicant for land utilization.

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- Power of attorney affixed with stamp duty according to the law (in case of authorization).

- Copy of house registration certificate and identification card or a copy of passport (in case of alien)

of the authorisee (in case of authorization).

- Manufacturing process and raw materials used in the manufacturing.

- Plan indicating land plot number according to the master plan.

- Copy of land title deed or a letter indicating the right to land utilization.

For juristic person applicant- Copy of affidavit of juristic person (not more than 6 months from the issue date) with details of objects

in which there are business operations to be conducted in the industrial estate.

- Copy of shareholdersû list (not more than 6 months from the issue date).

- Plan with land plot number according to the master plan.

- Production process and raw materials to be used.

- Copy of land title deed or certificate indicating right to land utilization.

- Copy of house registration certificate and identification card or a copy of passport (in case of alien)

of the person authorized to sign on behalf of the juristic person.

- Power of Attorney affixed with stamp duty pursuant to the law (in case of authorization).

- Copy of identification card and house registration certificate of the authorisor and the authorisee or

a copy of passport (in case of alien) of the authorized person (in case of authorization).

All attached documents must bear the signature of the authorized director with the companyûs seal

affixed (according to the affidavit of the juristic person). If there is an authorisee, there must be a power

of attorney attached to the application form.

Preliminary Examination Against Other Laws:Law governing City Plan1. Examining whether such business operation is in violation of the law governing city plan.

Law governing the environment (EIA report of the Industrial Estate)1. Examining the business operation being applied for permission against the EIA report of such

industrial estate whether it is in violation of the EIA report of such industrial estate.

2. Examining the demand for infrastructure systems and facilities including central waste water

treatment which can be provided by the I-EA-T or the joint operators, which must be subject to the

EIA report of the industrial estate (in which the business operator wishes to use the area).

Law governing Ministry of Commerce1. Details of objects of the Ministry of Commerce must cover the type of business operation being

applied for permission.

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Guidelines for filling in the application form for land utilization and business operation in theindustrial estate.1. Fill in the name of the applicant and the address as appears in the affidavit of the company

including the tax identification number and basic details on registered capital of the company.

2. Fill in the correct number of the land plots and area according to the master plan of such industrial

estate.

3. Fill in the business in line with the products and the details of the objects of the company, whereby

the type of business operation must be in accordance with the master plan, such as

- Commercial area for operating of trade

- General industrial zone for operating service industry or other business beneficial or relating to

industrial operation or provision of services.

- I-EA-T Free zone for operating of industry, trade or other business relating to the industry or trade

for economic benefits, maintaining of state security, public welfare, environment management or

any other needs as prescribed by the Board of Directors pursuant to the I-EA-T Act B.E. 2550 (2007)

and its amendment.

4. Fill in the demand for infrastructure systems, if the infrastructure systems needed are more than those

specified in the EIA report of the I-EA-T, the business operator must request a letter guaranteeing

that the infrastructure system can support the need of such business operator.

5. Specification must be made of the point where the environment might be polluted due to the

manufacturing, for examples:

- The factory using water, chemicals or things that cause water pollution in the manufacturing

process must have basic waste water treatment system.

- The factory that generates smell, dust or things that cause air pollution must have polluted air

treatment system.

6. The business operations in surrounding area must not cause impact to each other, for example the

chemical and food business must not be next to each other.

7. The business operation of the company must be suitable to the area applied for permission, for

example,

- The area for operating the business of improving the condition of the automobiles or other kinds

of vehicles must be not less than 1 rai.

- The business operation relating to warehouse or product storage should have the area of not less

than 3 rai, and specific type of business operation must be specified.

- For trading business, the types and kinds of goods must be clearly specified.

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The application fee for land utilization and operation of business in the industrial estateshall be Baht 10,700.- (7% VAT included) pursuant to the I-EA-T Notification No. 10/2549 dated 15 February

2006 Re Prescription of Service Fees for Granting Approval to Operate Business in the Industrial Estate.

Remark 1 In case of application to receive the assignment of right to land utilization, the assignee of right shallsubmit the application for use of land for business operation in the industrial estate (I-EA-T. 01/1), whereby theI-EA-T shall consider the application as considering a new application for land utilization in all respects.Remark 2 In case of application for utilization of additional land, the applicant shall also submit the application forland utilization for operating business in the industrial estate (Form GorNorOr. 01/1).

The case where the project/business might cause serious impact on the community in terms ofenvironment, natural resources and health

The project/business which might cause serious impact on the community must comply with Section

67, paragraph two of the Constitution of the Kingdom of Thailand B.E. 2550 (2007), as follows:

Section 67, paragraph two of the Constitution of the Kingdom of Thailand B.E. 2550(2007):çThe operation of project or business which may cause serious impact on the community in terms

of quality of the environment, natural resources and health shall be prohibited unless there has been a

study and assessment of impact on the environment and health of the people in the community, and

a public opinion must be conducted among the people, interest parties and independent organizations.

There shall also be representatives from environment and health organizations and representatives of

universities managing studies of environment or natural resources or health who can provide opinions

before the commencement of such project or business.é

The prescription of types of projects/business shall be made according to- The Notification of the Ministry of Natural Resources and Environment Re Prescription of Types,

Sizes and Procedures for Project or Business Which May Cause Serious Impact on the Community

in terms of Quality of the Environment, Natural Resources and Health that the Government

Agencies or the Private Sector must Prepare Reports on the Analysis of Impact on the Environment

B.E. 2553 (2010), notified on 31 August 2010 and its amendment.

Compliance must be made to- The Notification of the Ministry of Natural Resources and Environment Re Prescription of Rules,

Methods, Procedures and Guidelines for Preparing Reports on Analysis of Impact on the

Environment for the Project or Business Which May have Serious Impact on the Community in terms

of the Quality of the Environment, Natural Resources and Health notified on 29 December 2552

(2009) and its amendment.

- Regulation of the Board of Directors of the Industrial Estate Authority of Thailand Re Rules, Methods

and Conditions for Operating Business in the Industrial Estate B.E. 2552 (2008) and (No. 2) B.E. 2553

(2010) and their amendments.

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Procedures for Operations for Project or Business Which May Cause Serious Impactto the Community

Submit BEûsconsideration

results

ë Submit the approved EHIA reportë Approval of BE andë Summary of important mattersof the measures.

Independentorganization

Provide opinionwithin 60 days.

Agency granting permission1. Appoint committee for

hearing of public opinionsand interest parties

2. Arranging for Public Opinions(approximately 50 days)

Authority having power to grant permission1. Decision making process

1.1 Opinion of BE.1.2 Report on result of public opinion1.3 Opinion of independent organizations

2. Prepare written reasons for decision on each issue.3. Dissemination of reasons to the public and on

website.

1. Procedures forpreparation andwriting ofEIA report

2. Submission ofreport

3. Consideration ofreport

4. Consideration togrant approval/permission

Normal EIA

Operator inspecting project/businessqualified to prepare EIA. Notificationof Ministry of Natural Resourcesand Environment, 24 Apr. 2012

Operator/consultantprepare EIA

Approved

Submit BEûsconsideration

results

EIA might be serious according toSection 67, paragraph two of the

Constitution of 2007

Operator inspecting project/businessqualified as may cause serious impact.

ë Notification of Ministry of NaturalResources and Environment,

31 Aug. 2010 and 19 Nov. 2010

Operator/consultant prepare EHIAaccording to Notification of Ministry

of Natural Resources andEnvironment, 29 Dec. Aug. 2009

Employing Licensed Consultant to prepare IEA from Office of Policy and Planning

Submit report to Office of Policy and Planning and authority having powerto grant permission

Board of Experts (BE) /Office of Policy and Planning considers the report.

Authority having power togrant permission appliesthe measures in the EIAreport to be conditions for

granting permission

Approved

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Submission of general application form (I-EA-T. 01/3)Upon having received the permit, if the business operator wishes to add/change the type of

business, extend the factory construction period, change the person to receive the permit, assign the

right to use land or buildings, amend the permit, etc, the business operator must submit 3 sets of general

application form (I-EA-T. 01/3) including attached documents to the I-EA-T Head Office or the Industrial

Estate Office. After having considered the complete application forms and attached documents and

having approved, the I-EA-T will then send a notification to the business operator to collect the new

permit (as the case may be) and pay the service fee (if any) and take back 1 set of copy of the blue

application form (I-EA-T. 01/3).

Assignment of right to land utilizationUpon having received the permit to use the land and operate the business in the industrial estate,

if the business operator wishes to assign the right to land utilization in the form of renting, giving consent

or assigning the right or entitlement, the general application must be submitted (I-EA-T. 01/3).

Criteria for assignment of right to land utilization1. The I-EA-T shall examine the outstanding debt in the case where the I-EA-T has managed the

infrastructure systems in such industrial estate.

2. For assignment of right to use some parts of the land, the areas must be appropriate and the

business operation must be separated from each other with clear separate entrance, or in the

case where the land is commonly used, there shall be a memorandum of agreement.

3. The I-EA-T prohibits a sub-lease of the land, the assignor must be the person who holds land

entitlement.

4. In case of the assignment of right to lease, the business operator, which is a foreign juristic

person, can lease some parts of the land for 3 years at a time or according to the lease

contract between such companies, and the lessor still operates its business. If the lessor has

already ended its business operation, the lease shall not be more than 3 years and Section 44

of the Industrial Estate Authority of Thailand Act must be observed.

5. In case of the assignment of right to land utilization was made in the form of lease, the following

shall be observed:

5.1 For assignment of right to rent some parts of the building,

ë The area assigned must not be less than 400 square meters for business concerning gems

and jewelries, while service business in support of or relating to such business can use the

area of not less than 100 square meters.

ë The business of the assignee must be relating to or in the same group of industry of the

assignor,

provided that the following must be observed:

ë The framework and guidelines for granting permits to the industrial operators or traders for

exporting purposes, who are aliens and the assignment of right is for the lease of factory

buildings.

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ë The framework and guidelines for granting permits to business operators who are Thai

nationals or Thai juristic persons and the assignment of right is for the lease of factory

buildings.

5.2 The business operator assigning the right to land utilization in the form of land lease must

comply with the resolution of the I-EA-T Board of Directors No. 1/2545 dated 24 January

2002, that is, in fact, the business operator having the land entitlement can allow other

business operators to operate relating business or manufacturing. However, the I-EA-T shall

ensure that the operation must be in line with the conditions prescribed in Section 44,

paragraph two of the I-EA-T Act B.E. 2522 (1979).

Fee for granting permission to assign the right to land utilization is Baht 10,700.- (7% VAT

included) in accordance with the Notification of the I-EA-T No. 10/2549 dated 15 February 2006 Re

Prescription of Service Rates for Granting Permissions for Operating Business in the Industrial Estates.

The existing business operator who is the assignor shall submit the general form (I-EA-T. 01/3) to assign

the right to land utilization, and the new business operator who is the assignee shall submit Form

I-EA-T. 01/1 in order to be considered simultaneously by the I-EA-T.

Request for return of the right/Receipt of the right to land utilizationIn case of return of right to land utilization from being leased out or provision of consent to land

utilization, when the lessee no longer wishes to operate business or wishes to end the use of land, the

following has to be observed:

Request to return the right to land utilizationThe business operator who is the lessee or the person being consented to use the area shall submit

the general application form (I-EA-T. 01/3) or a notification letter to return the right to land utilization to

the I-EA-T Head Office or the Industrial Estate Office. After having considered the application with

complete documents and having approved, the I-EA-T shall send a notification concerning the

cancellation of the permit and the contract on land utilization (if any) to such person or company.

In case of the industrial estate of which infrastructure systems are managed by the I-EA-T, the

I-EA-T shall examine if there is any outstanding debt owed by such company before granting permission

to return the right to land utilization.

Request for a return of right to land utilizationThe business operator who is the lessor or the person giving consent to use the area shall submit a

general application form (I-EA-T. 01/3) or a notification letter to the I-EA-T Head Office or the Industrial

Estate Office in order to receive a return of the right to land utilization. After having considered the

application with complete documents and having approved/granted permission, the I-EA-T shall send a

notification to the applicant to collect a new permit.

Remark : There is no fee for the return of right and receipt of the return of right to land utilization.

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Addition/Change of Type of Business OperationCriteria for addition/change of type of business operation1. The addition or change of types of business operation must not have impact on the surrounding

areas or existing business, and the same criteria as that of the new application for landutilization shall apply.

2. There shall be an examination of the infrastructure systems in the estate whether it is sufficient.In case of addition of type of business operation with additional line of manufacturing or thatis qualified as expanding the factory, the business operator shall submit an application formfor operating business (expanded part) (I-EA-T. 03/3) together with the application form foradditional type of business operation (I-EA-T. 01/3).

Fee for granting permission to change types of business operation, each, Baht 10,700.-Fees for granting permission to add types of business operation, each, Baht 5,350.-(7% VAT included), which shall be in accordance with the I-EA-T Notification No. 10/2549 dated 15

February 2006 Re Prescription of Service Fees for Granting Permissions for Business Operation in Industrial Estate.

Request to amend the permitAfter having received a permit for land utilization and operate business in the industrial estate, if the

business operator wishes to change or amend the information in the permit, such as a change of nameof the permit holder (as a result of registration to change name according to the law), change of officelocation or request to amend any statement in the permit, the business operator shall submit the generalapplication form (I-EA-T. 01/3) to the I-EA-T Head Office or the Industrial Estate Office. The I-EA-T shallconsider granting permission and issue a notification to the business operator to collect the new permit,pay service fee and collect 1 set of copy of the application form.

Fee for amendment of permit in different cases, each Baht 1,070.-(7% VAT included), which is in accordance with the I-EA-T Notification No. 10/2549 dated 15 February

2006 Re Prescription of Service Fees for Granting Permissions for Business Operation in Industrial Estate.

Application for extension of period to begin construction of factory/extension of periodfor notification of business operation commencement

Upon receiving the permit for land utilization and operating business in the industrial estate, thebusiness operator must begin the construction of factory buildings within 1 year and notify on thecommencement of the business within 3 years from the date of receipt of the permit. If the constructioncannot be completed or the business operation cannot begin within the specified period of time, thebusiness operator can submit Form I-EA-T. 01/3 to request for extension of period to begin the construction,or submit a letter of the company to the I-EA-T requesting to extend the period to begin theconstruction. The I-EA-T shall further send a notification to respond to the business operator.

Fee for granting permission to extend the construction period, each Baht 1,070.-Fee for granting permission to extend the period for notifying of

business operation commencement, each Baht 1,070.-(7% VAT included), which shall be in accordance with the I-EA-T Notification No. 10/2549 dated 15

February 2006 Re Prescription of Service Fees for Granting Permissions for Business Operation in Industrial Estate.

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Chapter 2Application for construction permission, notification on intent to constructbuildings, certification of buildings and inspection of building conditions

Construction of Buildings

Letter notifying of intent to construct buildingas per Section 39 bis (I-EA-T. 02/3)

Application for constructionpermission (I-EA-T. 02/1)

I-EA-TApproval

Acknowledged

by I-EA-T

Construction permit(I-EA-T. 02/2)

Receipt of notification of intent toconstruct Buildings (I-EA-T. 02/4)

Upon completion of construction(in case of building subject to utilization control according to the law)

Application form for certificate of building construction (I-EA-T. 02/5)

Inspectionby I-EA-T

Certificate of building construction (I-EA-T. 02/6)

In case of building qualified to be inspected by inspector according toMinisterial Regulation B.E. 2548 (2005)

Application form for certificate of building inspection according to Section 32 bis

Inspectionby I-EA-T

Certificate of building inspection (Ror. 1)

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Application for construction permission, notification of intent to constructbuildings, certification of building and inspection of building condition

Upon having received permission for land utilization and business operation in the industrial estate

(I-EA-T. 01/2), the business operator must begin the construction of factory building within 1 year from

the date of receipt of a permit. The application for permission to construct building must be submitted

to the I-EA-T Head Office or the Industrial Estate Office. The submission of application can be made in

2 methods as follows:

1St Method : Construction of building by receiving a permit from the I-EA-T according to theBuilding Control Act first, by submitting the application form for permission toconstruct/modify buildings (I-EA-T. 02/1)The form, after being filled out, shall be prepared together with 3 sets of blue prints

(which must be qualified according to the ratio prescribed in the Ministerial Regulation No. 10) and

1 set of A3 blue prints, altogether 4 sets to be submitted to the I-EA-T Head Office or the Industrial Estate

Office. The I-EA-T shall then consider the correctness of documents and blue prints. If incorrect is found,

a notification shall be issue on items to be corrected immediately. For complete application, the

I-EA-T shall notify the business operator to collect the permit (I-EA-T 02/2) and pay the fee (the rate of

which depends on the useful area and size of buildings). After that, the I-EA-T shall issue the permit

(I-EA-T 02/2) to the business operator and return 1 set of application form, pink slip and blue print to the

business operator to keep as evidence.

2nd Method : For person wishing to construct the buildings without applying for a permit fromthe I-EA-T according to the Building Control Act (B.E. 2535 (1992), submissionshall be made of letter of intent to construct buildings according to Section 39 bis(I-EA-T. 02/3).The completed form shall be submitted to the I-EA-T Head Office or the Industrial Estate

Office together with the blue prints and fee for the blue print inspection. The I-EA-T shall then consider

the completeness of the documents and issue a receipt of the intent to construct buildings (I-EA-T.

02/4) and inspect the correctness of all the blue prints within 120 days. If there is any incorrect items,

the I-EA-T shall notify the business operator to make amendment. In case of submitting I-EA-T. 02/3, if the

business operator does not know the rules and regulations of the Building Control Act and after having

begun the construction and found that the construction is not in line with such rules and regulations, the

business operator must demolish the buildings and concerning parties might be regarded as violating

the law. The I-EA-T shall notify on additional fees in case the fee has not been paid in full and return

1 set of the approved blue prints for the business operator to keep as evidence.

(In paying the fee, the business operator must calculate in an orderly manner in the table in the

application form, and such calculation must be as specified in the Ministerial Regulation No. 7 (B.E. 2528

(1985)) issue pursuant to the Building Control Act. B.E. 2522 (1979)).

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Upon completion of construction or modifaction of the buildings, the business operator shallsubmit the application form for certificate of building construction/modification (I-EA-T. 02/5)(in case of buildings subject to control of utilization).

Upon completion of the application form, the business operator shall submit such application form

to the I-EA-T Head Office or the Industrial Estate Office. The I-EA-T shall examine the correctness of the

documents and set the appointment date for inspection of the construction of buildings in the area.

If the construction has been made in line with the blue prints, a notification shall be sent to the business

operator to collect the certificate of the building inspection (I-EA-T. 02/6), whereby a fee of Baht 107

must be paid (7% VAT included). Subsequently, the I-EA-T shall issue 1 set of the building construction

certificate (I-EA-T. 02/6) to the business operator to keep as evidence.

In case of building qualified to be inspected by building inspector pursuant to MinisterialRegulation on Types of Buildings to be Inspected by Inspector B.E. 2548 (2005), such as factorybuilding pursuant to the law governing factory building higher than one storey with useful area from

five thousand square meters or more, or high rise building and extraordinary large building pursuant

to Ministerial Regulation No. 33 (B.E. 2535 (1992)), after having received the certificate of building

construction/modification (I-EA-T. 02/6) for not less than 1 year, the business operator must submit an

application for certificate of building inspection.

Upon having filled out and complete the form, the business operator shall submit such application

form to the I-EA-T Head Office or the Industrial Estate Office. The I-EA-T shall then consider the

correctness of the documents and the inspectorûs report on the inspection of buildings. After having

found that the documents are correct and complete and the inspector has certified the safety of the

building, the I-EA-T shall notify the business operator in writing to come and collect the certificate of

building inspection (Ror. 1) and pay the fee for the issuance of building inspection certificate of Baht

107 (7% VAT included). The I-EA-T shall subsequently issue 1 set of the building inspection certificate

(Ror. 1) to the business operator to keep as evidence.

Laws in support of the consideration to grant permission for construction1. Building Control Act B.E. 2522 (1979)

2. Building Control Act (No. 2) B.E. 2535 (1992)

3. Building Control Act (No. 3) B.E. 2543 (2000)

4. Industrial Estate Authority of Thailand Act B.E. 2522 (1979)

5. Engineer Act B.E. 2542 (1999)

6. Architect Council Act B.E. 2543 (2000)

7. Factory Act B.E. 2535 (1992)

8. Energy Business Act B.E. 2550 (2007)

9. Notifications of the Industrial Estate Authority of Thailand.

1515

Chapter 3Business Operation in Industrial Estate

Business Operationin Industrial Estate

Notification onIndustrial Operation

Commencement

Expansion ofFactory

Permit Renewal

Application forNotification on

Industrial OperationCommencement(I-EA-T. 03/1)

Application for LandUtilization for BusinessOperation in IndustrialEstate (I-EA-T. 03/3)

Application for Renewalof Industrial OperationPermit (I-EA-T. 03/5)

I-EA-TApproval

I-EA-TApproval

I-EA-TApproval

Notification Receipt ofIndustrial Operation

(I-EA-T. 03/2)

Permit for Land Utilizationand Business Operation

in Expanded Part inIndustrial Estate

(I-EA-T. 03/4)

Renewed Permit forLand Utilization and

Business Operation inIndustrial Estate

(I-EA-T. 03/6)

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Business Operation in the Industrial Estate

Submission of application to commence business operation (I-EA-T. 03/1)Before commencing business operation, the business operator must receive a permit for land

utilization and business operation in the industrial estate (I-EA-T. 01/2), building construction permit

(I-EA-T. 02/2), building construction/modification certificate (I-EA-T. 02/6), and then submit an application

for commencing business operation (I-EA-T. 03/1) to begin the business operation within 3 years from the

date of receipt of a permit (I-EA-T. 01/2). Besides, a notification to the I-EA-T in Form I-EA-T. 03/1 shall be

made within 30 days before the commencing date of the business operation.

The filled form notifying on the commencement of business operation and all attached documents

in 3 sets shall be submitted to the I-EA-T Head Office or the Industrial Estate Office. The I-EA-T shall then

examine the correctness of the documents and set the appointment date for factory inspection. If the

inspection is successful, a notification shall be made to the business operator to collect the receipt slip

of the notification to operate business (I-EA-T. 03/2). Subsequently, the I-EA-T shall issue the receipt slip

of the notification to operate business to the business operator (I-EA-T. 03/2) and return 1 set of the copy

of the application (I-EA-T. 03/1).

Criteria1. The correctness and suitability of the factory and machinery.

The business operator must comply with the Ministerial Regulation No. 2 issued pursuant to the

Factory Act B.E. 2535 (1992), the Notification of the Ministry of Industry issued pursuant to the said

Ministerial Regulation, the Notification of the Ministry of Industry on Duties of the Permit Holders

Pursuant to the Factory Act B.E. 2512 (1969) (only the part enforced according to Section 68 of the

Factory Act B.E. (2535) (1992)), the Notification of the Ministry of Industry issued pursuant to Section

32 of the Factory Act B.E. 2535 (1992), and conditions prescribed in the permit for land utilization and

business operation.

2. Characteristics of factory buildings

The factory buildings for business operation must be in accordance with the Building Control Act

B.E. 2522 (1979) and Clause 5 of the Ministerial Regulation No. 2 (B.E. 2535 (1992)) issued pursuant

to the Factory Act B.E. 2535 (1992)) as follows:

2.1 The granting of permission to construct buildings and certification of building utilization pursuant

to the Building Control Act B.E. 2522 (1979):

- The buildings for business operation in the industrial estate must be in line with the Building

Control Act B.E. 2522 (1979), that is, permission for construction must be granted by the I-EA-T.

- For utilization of building, the types of buildings of which the utilization must be controlled as

prescribed in the Building Control Act B.E. 2522 (1979) as specified in the permit; specifically,

the factory buildings must be certified that they have been constructed according to the

approved blue prints and the building utilization must be granted according to the certificate

for utilization of buildings granted by the I-EA-T.

17

2.2 For suitability of the factory buildings and operation places, they must be strong, suitable andsufficient for such business, with air ventilators, emergency exits, stairs, working area, materials used forconstruction, lifts, lightning rod, storage place for materials or items that might cause hazard or fire,toilets and place for body cleaning, etc.

3. Machinery, equipment or items to be used in the factory:3.1 Suitability of machinery, equipment or items to be used in the factory pursuant to Clause 6

of the Ministerial Regulation No. 2 (B.E. 2535 (1992)) issued according to the Factory ActB.E. 2535 (1992).

3.2 There shall be an assessment of the horse power of the machinery displayed on theinstallation plan according to the criteria and methods.

4. Measures controlling the emission of sound/pollution (waste water, polluted air, industrial waste):4.1 Blue prints, plan and explanation on waste water treatment.4.2 Blue prints, plan and explanation on polluted air treatment.

Remark : The designing engineer must provide a copy of his certificate of being a professional on

engineering control, sign his name and write a name and last name in the brackets

together with the professional registered number. This designing engineer shall also sign his

name on the calculation lists and relevant blue prints.

4.3 Treatment of refuse or unused materials of the factoryThe factory must notify on details, quantity and treatment method of refuse from thebusiness operation, provided that it must be in accordance with the Notification of theMinistry of Industry Re Eradication of Refuse or Unused Materials B.E. 2548 (2005).

5. Types of industry required to provide the environment impact assessment report (EIA) pursuant tothe Enhancement and Conservation of Environment Quality Act B.E. 2535 (1992):

The EIA report must be prepared according to the list attached to the Notification of theMinistry of Natural Resources and Environment Re Prescription of Types and Sizes of Projects orBusiness That Required to Prepare the Environment Impact Assessment Report (EIA), and Rules,Methods, Procedures and Guidelines for Preparing the Environment Impact Assessment Reportnotified on 24 April 2012. In addition, it is required that there be an approval from the Office ofthe Natural Resources and Environment Policy and Planning (ONEP) before granting permission.

The factory receiving such permission must also propose measures to manage theenvironment as prescribed in the conditions to grant permission to operate business in supportof the consideration.

6. For the type of energy industry, such as electricity business, natural gas business and energynetwork system business, the permission to operate energy business must be in accordance withthe Energy Business Act B.E. 2550 (2007).

7. For the types of factory required to prepare the report on assessment of risk or hazards arisingfrom the business operation pursuant to the Notification of the Ministry of Industry No. 3 (B.E. 2542(1999)) and No. 4 (B.E. 2552 (2009)) or their amendments issued pursuant to the provisions in theFactory Act B.E. 2535 (1992) Re Protective Measures for Work Safety, such factory must submitthe abovementioned reports as prescribed in the conditions attached to the permit.

Remark : No fee is required for notification on industrial business operation commencement.

18

Submission of Application for Land Utilization and Business Operation in Industrial Estate onExpanded Part (I-EA-T. 03/3)

Expansion of the business operation consists of:- Increase of number, change or modify the machinery to have a total additional capacity of 50%or more in case where the existing machinery has a total capacity of not more than 100 horsepower, or equal capacity of not more than 100 horse power, or increase from 50 horse power ormore in case where the existing machinery has a total capacity of more than 100 horse poweror equal capacity of more than 100 horse power.

- Addition or modification of any part of the factory causing an increasing weight of 500 kilogramsor more on any existing foundation of the factory building.

- Addition of type of business or new products from the approved capacity by adding new line ofproduction.

If wishing to expand the business operation, the business operator shall fill in Form I-EA-T. 03/3 andsubmit together with 3 sets of attached documents to the I-EA-T Head Office or the Industrial EstateOffice. Upon having examined the correctness of the document and set the inspection date of thefactory, the I-EA-T shall further notify the applicant to collect the permit (I-EA-T. 03/4) and pay the feewith VAT included in the amount of Baht 5,350. The I-EA-T shall then issue a permit to the businessoperator and return 1 set of copies of the application form and documents (I-EA-T. 03/3) to the businessoperator to keep as evidence.

CriteriaThe criteria for consideration would be the same as those for the new application for land utilization

according to the I-EA-T Act B.E. 2522 (1979), B.E. 2550 (2007) as follows:1. Type or kinds of factory

The I-EA-T shall consider the types or kinds of factory whether they are as appear in the existingpermit or not. If the type of factory is the same, normal procedures shall apply. However, if thetype of factory is not the same as that in the existing permit, the business operator shall submitthe general application form for addition of type of business first, then the application form forthe expanded part.

2. Industrial policy and factory location as per the Cabinet resolution:There shall be an examination and consideration whether it is the business according to thepolicy. If it is, an examination shall be made whether the expanded industry has beenapproved. If not, then an application form for approval has to be submitted first.

3. Area and suitabilityThe area to be expanded must be suitable and sufficient by taking into consideration the layoutof production line, the number of workers, etc.

4. The factory that needs to prepare the report on environment and health impact assessment(EIA/EHIA)For the factory qualified to prepare EIA/EHIA report on the project to be expanded,consideration shall be made whether the report covers the expanded part. If not, the industrialoperator must submit the report on the change of details of the project for approval by theNatural Resources and Environment Policy and Planning (ONEP) first. Then the report as well asthe application form for expansion shall be attached and submitted to the I-EA-T.

19

5. In case of factory required to do the risk assessment report according to the list attached tothe Notification of the Ministry of Industry No. 3 (B.E. 2542 (1999)) and No. 4 (B.E. 2552 (2009)Re Protection Measures for Work Safety, there shall be a report on risk assessment attached tothe application form for expanded part.

6. Demand for infrastructure systemsWhen put together the existing demand for infrastructure and the demand for the infrastructureof the expanded part, they must be in accordance with the criteria. If the total demand is morethan what is set in the criteria, there must be a certifying letter from the Director of the IndustrialEstate Office or the joint venture operator of the industrial estate stating that the infrastructuresystem can support such demand of the business operator.

The fee for applying for a permit to expand the business operation, each Baht 5,350.-(7% VAT included)(in accordance with the Notification of I-EA-T No. 10/2549 dated 15 February 2006

Re Prescription of Service Fees for Granting Permissions for Business Operation in Industrial Estate).

Submission of application for renewal of a permit to operate business (I-EA-T. 03/5)Since the permit for land utilization and business operation in the industrial estate is effective up to

the ending date of the calendar year of the fifth year from the date of receipt of the permit, therefore,the business operator must submit an application for the renewal of permit (I-EA-T. 03/5) 30 days beforethe expiry date of the permit. After having submitted the application, the applicant shall be regardedas a permit holder, whereby the business operator can fill out the application form and submit togetherwith 3 sets of documents at the I-EA-T Head Office or the Industrial Estate Office. After having examinedthe correctness of the documents and result of factory inspection, the I-EA-T shall notify the businessoperator to come to pay the fee with the VAT included in the amount of Bath 10,700.- and collect thepermit (I-EA-T.03/6) and 1 set of copy of the application documents to keep as evidence.

Criteria1. The types of business and production process must be in accordance with the permission.2. The details of the production must be specified including the raw materials, the products, production

methods and production capacity, whereby the current information on the factory inspection mustbe included as well.

3. The business operator must inspect the correctness and suitability of the factory and the machineryaccording to the Ministerial Regulation No. 2 issued pursuant to the provisions of the Factory ActB.E. 2535 (1992), the Notification of the Ministry of Industry issued pursuant to the said MinisterialRegulation and the Notification of the Ministry of Industry on duties of the permit holder pursuant tothe Factory Act B.E. 2512 (1969) (only the provision which is enforceable according to Section 68 ofthe Factory Act B.E. 2512 (1969).

4. The granting of permit renewal shall be in accordance with the approved factory conditionregardless of whether the capacity of the machinery and the number of workers have increasedduring the submission of application or the inspection date of the factory. In case the capacity ofthe machinery has been changed from what has been granted permission, the business operatormust notify in writing to cancel the use of certain parts of the machinery, or the business operatorshall be required to apply for permission to expand the factory, as the case may be.

Remark : In complying with each step of the procedures for each activity and duration of consideration, suchduration shall not include the duration for return of application to be corrected and the duration to be approvedby other agencies.

2020

Chapter 4Entitlement to the land

1. Submit application for land entitlement in industrial estate,I-EA-T. 15 Sor

2. Submit application for land entitlement in the residential andcommercial area in the industrial estate, I-EA-T. 15.1 Sor

3. Submit application for certification of the business operator(Thai juristic person) in transferring land entitlement inindustrial estate I-EA-T. 15.2 Sor

Foreign juristicperson

Thai juristicperson

I-EA-T considersgranting certification

Permit reaches theDepartment of Lands

Notification letterto the company

I-EA-TConsideration

I-EA-T considersgranting permission

21

Land entitlement

1. The business operator (foreign shareholder holding 49% shares or more) shall be entitled to the

privilege to hold land entitlement according to Section 44 of the I-EA-T Act B.E. 2522 (1979) and its

amendment as follows:

ë Hold land entitlement for business operation

ë Hold land entitlement to residential and commercial area

ë Hold land entitlement for business operation and residential and commercial area (addition)

2. The business operator which is a Thai juristic person (foreign shareholder holding not more than 49%

shares) can transfer the land entitlement according to the law of the Department of Lands,

however, for a convenient and expedited basis in transferring land entitlement, the following should

be observed:

ë Certification as Thai juristic person business operator in order to transfer land entitlement.

Submission of application form for holding land entitlement in industrial estate1. Application for holding land entitlement in the industrial estate for business operation

1. Documents to be submitted for application are as follows:

1.1 1 set of application form to hold land entitlement in industrial estate, form I-EA-T. 15 Sor.

1.2 1 copy of the affidavit of registration as a juristic person taken within 6 months

1.3 1 copy of shareholdersû list taken within 6 months

1.4 1 layout plan for land utilization in A4 paper size with details specifying parts of the building,

factory, office or surrounding buildings, area for security and environment protection from

business operation, general space, useful area in support of the factory, reserve area for

future project expansion.

1.5 2 copies of land title deed to be applied for permission (A4 paper size)

1.6 A Power of Attorney with stamp duty affixed according to the law (if any).

2. The business operators fill in application form I-EA-T. 15 Sor fully and completely.

3. The I-EA-T grants permission for entitlement of land in the industrial estate by issuing a letter to

the provincial lands officer (the province in which the land is located) and a letter to the

managing director of such company requiring that the result of the land entitlement transfer be

notified to the I-EA-T.

4. The business operators submit the letter of permission for transfer of land entitlement to the

provincial lands officer in support of the application for land entitlement.

22

2. Application for holding land entitlement in residential and commercial area1. Documents to be submitted for application are as follows:

1.1 1 set of application for holding entitlement to residential and commercial area in the

industrial estate in form I-EA-T. 15.1 Sor



1.4 1 layout plan for land utilization in residential and commercial area



2. The business operators fill in form I-EA-T. 15.1 Sor. fully and completely

3. The I-EA-T grants permission for residential land entitlement by issuing a letter to the provincial

lands officer (the province in which the land is located) and a letter to the managing director

of such company requiring that the result of the land entitlement transfer be notified to the

I-EA-T.

4. The business operators submit the letter of permission for transfer of residential land entitlement

to the provincial lands officer in support of the application for land entitlement.

3. Application for additional land entitlementAdditional land entitlement for business operation


1.1 1 set of copy of the application for land entitlement in form I-EA-T. 15 Sor.



1.4 1 layout plan for additional land utilization



2. The business operators fill in form I-EA-T. 15 Sor. fully and completely

3. The I-EA-T grants permission for additional land entitlement by issuing a letter to the provincial

lands officer (the province in which the land is located) and a letter to the managing director

of such company requiring that the result of the land entitlement transfer be notified to the

I-EA-T.

4. The business operators submit the letter of permission for transfer of additional land entitlement

to the provincial lands officer in support of the application for land entitlement.

23

4. Holding additional residential land entitlement in the industrial estate1. Documents to be submitted for application are as follows:

1.1 1 set of copy of the application for residential land entitlement in form I-EA-T. 15.1 Sor.



1.4 1 layout plan for additional residential and commercial land utilization




3. The I-EA-T grants permission for additional residential land entitlement by issuing a letter to the

provincial lands officer (the province in which the land is located)

4. The business operators submit the letter of permission for transfer of additional residential and

commercial land entitlement to the provincial lands officer in support of the application for land

entitlement and the company managing director submit a letter notifying the I-EA-T for

acknowledgement.

5. Certification of Thai juristic person business operator to receive transfer of landentitlement1. Documents to be submitted for application are as follows:

1.1 1 set of application form for a certificate of business operator (Thai juristic person) to be

entitled to the land for business and commercial operation in the industrial estate in form

I-EA-T. 15.2 Sor






3. The I-EA-T grants permission for additional residential land entitlement by issuing a letter to the

provincial lands officer (the province in which the land is located)

4. The business operators submit the certificate of business operator to the provincial lands officer

in support of the application for land entitlement.

2424

Chapter 5Application for alien skilled person or expert with spouseand dependents to enter and stay in the Kingdom

1. Submit application for alien and family to stay and work inthe Kingdom in forms I-EA-T. 17-1 and 17-2

2. Submit general application form I-EA-T. 17-3

Not in accordancewith the criteria

prescribed by I-EA-TûsBoard of Directors

In accordancewith the criteria

prescribed by I-EA-TûsBoard of Directors

I-EA-T considersgranting permission

Letter of permission tothe Immigration Bureau

Considerationby I-EA-T

Sub-committee on free zoneand privileges considers

granting permission

Letter of permissionto the Department of

employment

Notifying letter tothe company

25

Application for alien skilled person or expert with spouse and dependents to enterand stay in the Kingdom

1. The business operator shall be entitled to the privileges to bring

ë skilled persons

ë experts

ë their spouses and dependents into the Kingdom according to the number and duration as

deemed appropriate by the Board of Directors, or even exceeding the number and duration to

stay in the Kingdom pursuant to the law governing immigrants, Section 45 of the I-EA-T Act

B.E. 2522 (1979) and its amendment.

2. The alien skilled person or expert having been granted permission to stay in the Kingdom pursuant

to Section 45 shall be permitted to work only in the position as approved by the Board of Directors

for the duration permitted to stay in the Kingdom pursuant to Section 46 of the I-EA-T Act B.E. 2522

(1979) and its amendment.

Submission of application form for aliens to enter and stay in the Kingdom1. Application for approval of positions and appointment of skilled person or expert


1.1 1 set of application form to bring alien skilled persons or experts and family to stay and

work in the Kingdom according to form I-EA-T 17-1 and 17-2



1.4 1 copy of organizational chart and duties

1.5 1 copy of manufacturing process chart (if any)

1.6 1 set of copies of documents indicating the production rate, export value and quantity (if any)

1.7 1 copy of passport of alien skilled person or expert stamped with non-immigrant visa of

class B.

1.8 1 copy of educational certificate in Thai or English, certified by the embassy or consulate

of the applicantûs country of origin in Thailand if translated from other languages

1.9 1 copy of employment certificate in Thai or English, certified by the embassy or consulate


1.10 The background information of alien skilled person or expert in Thai or English, certified by

the embassy or consulate of the applicantûs country of origin in Thailand if translated from

other languages.

2. The business operator shall fill in forms I-EA-T 17-1 and 17-2 correctly and completely.

26

3. The I-EA-T shall grant permission to bring the alien skilled persons and experts into the Kingdom

for the benefit of industrial operation in accordance with the name list, positions and duration

of stay permitted.

3.1 Alien skilled persons or experts shall be permitted to enter and stay in the Kingdom of

Thailand according to the name list of permitted alien skilled persons or experts attached to

the letter to the Immigration Bureau/related Chief of Immigration Checkpoint.

3.2 Alien skilled persons or experts are eligible to take on only specified position according to

the name list of permitted alien skilled persons or experts attached to the letter to the

Department of Employment/Governor of related province.

4. The business operator, after having received the above letters of permission shall then submit

them for visa stamp and issuance of work permit within 30 days from the date appeared in

the letter.

2. Procedures for applying for non-immigrant visa for spouses and dependents ofskilled persons or experts to enter and stay in the Kingdom of Thailand1. Documents to be submitted for the application are as follows:

1.1 1 set of application form of I-EA-T 17-1 and 17-2.

1.2 1 set of copies of passports of family members of alien skilled person or expert (spouse and

dependents) stamped with non-immigration visa of class O.

1.3 1 set of copies of Marriage Certificate or documents proving family relations in Thai or

English, certified by the embassy or consulate of the applicantûs country of origin in

Thailand, if translated from other languages.

1.4 1 set of copies of Birth Certificate or documents proving family relations in Thai or English,

certified by the embassy or consulate of the applicantûs country of origin in Thailand, if

translated from other languages.

1.5 1 set of parental proving documents or a certificate from the embassy/consulate of the

applicantûs country of origin (for father or mother of alien skilled person or expert)

1.6 1 set of copy of House Registration Certificate (if any) in Thai or English, certified by the

embassy or consulate of the applicantûs country of origin in Thailand, if translated from

other languages.

1.7 Student status documents from institution certified by the Ministry of Education if the

applicant is a child of more than 20 years of age of alien skilled person or expert, provided

that the age must not exceed 25 or a disable person with brain or physical problem who

has to be under his/her parentûs care.

1.8 1 set of documents on background of the spouse or dependents

2. The business operator shall fill in forms I-EA-T 17-1 and 17-2 correctly and completely.

3. The I-EA-T shall consider granting permission to spouse and dependents of the alien skilled

person or expert to enter and stay in the Kingdom according to the name list of family

members of alien skilled persons or experts with the letters to Immigration Bureau/Chief of

concerning Immigration Checkpoint.

27

4. The business operator shall receive the letter sent to the Immigration Bureau/Chief of related

Immigration Checkpoint, and then proceed with a visa stamp.

3. Application for change of skilled personsû or expertsû position1. Documents to be submitted for the application are as follows:

1.1 1 set of application forms for bringing alien and family to stay to work in the Kingdom in

forms I-EA-T. 17-1 and 17-2.





1.6 1 set of copies of documents indicating the production rate, export value and quantity

(if any)

1.7 1 copy of passport of alien skilled person or expert





1.10 The background information of alien skilled person or expert in Thai or English, certified by

the embassy or consulate of the applicantûs country of origin in Thailand if translated from

other languages

2. The business operator shall fill in forms I-EA-T. 17-1 and 17-2 correctly and completely.

3. The I-EA-T shall consider and approve the change of position of the person as follows;

3.1 Alien skilled persons or experts are permitted to enter and stay in the Kingdom according

to the name list of permitted alien skilled persons or experts and the letter to the

Immigration Bureau/related Chief of Immigration Checkpoint.

3.2 Alien skilled person or expert are eligible to take on only specified position according to the

name list of permitted alien skilled persons or experts and the letter to the Department of

Employment/Governor of related province.

4. The business operator shall receive a visa extension on a temporary basis with a remark on the

change of position in the passport for further correction of applicantûs position in the work permit.

4. Application for extension of stay for alien skilled person or expert and family1. Documents to be submitted for the application are as follows:

1.1 1 set of application forms for alien and family. forms I-EA-T. 17-1 and 17-2

1.2 1 copy of the affidavit of registration of a juristic person taken within 6 months


28



1.6 1 set of copies of documents indicating manufacturing rate, export value and quantity (if any)


1.8 1 copy of passport of spouse or supported member of the family

1.9 1 copy of work permit of alien skilled person or expert.


3. The I-EA-T shall consider granting permission to appoint the person and extend the period of stay

of alien skilled person or expert and family as follow;

3.1 Alien skilled persons or experts are permitted to enter and stay in the Kingdom according

to the name list of permitted alien skilled persons or experts and the letter to the

Immigration Bureau/related Chief of Immigration Checkpoint.

3.2 Alien skilled persons or experts are eligible to take on only specified position according the

name list of permitted alien skilled persons or experts and the letter to Department of

Employment/Governor of related province.

4. the business operator shall receive a letter to the Immigration Bureau for visa extension on a

temporary basis and a letter to the Department of Employment for work permit renewal.

5. Request for cooperation for non-immigrant visa1. Documents to be submitted for the application are as follows:

1.1 1 set of application forms for alien and family, forms I-EA-T. 17-1 and 17-2


1.3 1 copy of passport of spouse or dependents of the alien skilled person or expert





1.6 1 copy of Marriage Certificate or documents proving family relations in Thai or English,

certified by the embassy or consulate of the applicantûs country of origin in Thailand if

translated from other languages

1.7 1 copy of Birth Certificate or documents proving family relations in Thai or English, certified

by the embassy or consulate of the applicantûs country of origin in Thailand if translated

from other languages

1.8 1 set of parental proving documents or a certificate from the embassy/consulate of the

applicantûs country of origin (for father or mother of alien skilled person or expert)

29

1.9 A copy of House Registration Certificate (if any) in Thai or English, certified by the embassy

or consulate of the applicantûs country of origin in Thailand if translated from other

languages


3. The I-EA-T shall send request for cooperation for non-immigrant visa to the Department of

Consular Affairs, Ministry of Foreign Affairs.

4. The business operator shall fill in Form I-EA-T. 17-1 and 17-2 correctly and completely, receive the

request for cooperation in stamping non-immigrant visa and further submit to the Department of

Consular Affairs, Ministry of Foreign Affairs for non-immigrant visa for alien skilled person or expert

and family via Thai Embassy or Consulate abroad.

Submission of General Application Form1. Notification on employment termination of skilled person or expert and family

1. Documents to be submitted for the application are as follows:

1.1 1 set of general application form I-EA-T. 17-3


1.3 1 copy of passport of spouse or dependents of alien skilled person or expert

1.4 1 copy of work permit of alien skilled person or expert

1.5 1 copy of receiving slip of TorThor. 10 (employment/discharge form) (if any)

2. The business operator shall fill in form I-EA-T 17-3 correctly and completely.

3. The I-EA-T shall consider the notification on termination of employment of alien skilled person or

expert and termination of non-immigrant visa of the family by;

3.1 sending a letter to the Immigration Bureau/related Chief of Immigration Checkpoint;

3.2 sending a letter to the Department of Employment/Governor of related province.

4. The business operator shall receive a letter of permission to the Immigration Bureau/related Chief

of Immigration Checkpoint for visa cancellation and shall return the work permit.

2. Procedure for applying for non-immigrant visa for skilled person or expert and family tostay in the Kingdom according to the right granted1. Documents to be submitted for the application are as follows:


1.2 1 copy of passport of alien skilled person or expert with class B non-immigrant visa

1.3 1 set of copies of passports of spouse and dependents with class O non-immigrant visa

2. The business operator shall fill in form I-EA-T. 17-3 correctly and completely.

30

3. The I-EA-T shall consider granting permission to the alien skilled person or expert and family to

stay in the Kingdom cording to their existing rights by sending notifying letter to the Immigration

Bureau/related Immigration Checkpoint.

4. The business operator receives a letter of permission to the Immigration Bureau for

non-immigration visa according to their existing rights.

3. Granting permission to perform additional duty at the operatorûs branch office/affiliatedcompanies in the industrial estate1. Documents to be submitted for the application are as follows:



1.3 1 copy of work permit

1.4 2 sets of copies of affidavits of registration to be a juristic person of existing company and

new company taken within 6 months

2. The business operator shall fill in form I-EA-T 17-3 correctly and completely.

3. The I-EA-T shall consider the request to bring aliens into the Kingdom to work for industrial

benefit as follows:

3.1 Sending a letter to the Immigration Bureau/related Chief of Immigration Checkpoint

3.2 Sending a letter to the Department of Employment/Governor of related province.

4. The business operator shall receive a letter of permission to the Immigration Bureau in order to

add remarks regarding the addition of working localities in the passport, and a letter to the

Department of Employment to add the same in the work permit.

4. Appointment of alien skilled person or expert to also hold the position of director inindustrial estate1. Documents to be submitted for the application are as follows:



1.3 1 copy of work permit

1.4 2 sets of copies of the affidavit of registration to be a juristic person taken within 6 months

(with the name of alien skilled person or expert applied to also hold the position of director)


31

3. The I-EA-T shall notify shall consider granting permission to the alien skilled person or expert to

additionally hold a position of director by;



4. The business operator shall receive a letter of permission to the Immigration Bureau in order to

add a remark regarding the addition of director authorized to sign in the passport and a letter

to the Department of Employment to add director authorized to sign in the work permit.

5. Change of juristic personûs name1. Documents to be submitted for the application are as follows:


1.2 2 sets of copies of the affidavit of registration to be a juristic person taken within 6 months

(the copy with the change of name of the juristic person)


3. The I-EA-T shall consider changing the name of the juristic persons as follows:



4. The business operator shall receive a letter of permission to the Immigration Bureau for adding

a remark on juristic personûs name change in the passport and a letter to the Department of

Employment to change the name of the juristic person in the work permit.

6. Procedure for name or nationality change of alien skilled person or expert and family1. Documents to be submitted for the application are as follows:



1.3 1 set of copies of passport of spouse or dependents of the skilled person or expert

1.4 Evidence of name or nationality change or certificate from the embassy or consulate


3. The I-EA-T shall consider the name change as follows;



4. The business operator shall receive a letter of permission to the Immigration Bureau to add a

remark regarding the juristic personûs name change in the passport and a letter to the

Department of Employment to change the name of the juristic person in the work permit.

3232

Import into the I-EA-T free zone

For raw materials

1 Application for certification as Certificate of being industrialindustrial operator or trader operator or trader

(Form I-EA-T-I-01) (I-EA-T-I-02)

For raw materials for export

2 Application for approval to bring supplies or Permit to bring supplies or raw materials

raw materials into the free I-EA-T zone area into the I-EA-T free zone area with an

with an objective of exporting (I-EA-T-I-03) objective of exporting (I-EA-T-I-04)

For machinery

3 3.1 Application for tax exemption 3.1 Application for tax exemption(I-EA-T-I-05) (I-EA-T-I-05)

3.2 Application for tax exemption or 3.2 Application for tax exemption ortax refund (I-EA-T-I-06) tax refund (I-EA-T-I-06)

Taking supplies from the free zone

Application for approval to take Certificate to take goods out ofsupplies out of the free zone free zone (I-EA-T-E-02) :

(I-EA-T-E-01) - To export out of the Kingdom- For use or distribute in the Kingdom- To be transferred to the operator

who receives tax privileges- To be destroyed- For other purposes temporarily- For general purposes

Chapter 6Application for Tax Privileges

33

Procedures for bringing supplies in and out of the I-EA-T free zone

Applicant Procedure Responsible Unit

Submission of

Application

Consideration

by I-EA-T

Privileges Division or

Industrial Estate Office

under which such

factory is located

- Certificate

- Application for

approval

- Certifying letter

Privileges Division or

Industrial Estate Office

under which such

factory is located

Customs Clearance

Customs Department

Section on Import

Inspection

Section on Export

Checkpoint

34

Application for permission to bring goods in and out of I-EA-T Free Zone

1. To bring goods into the I-EA-T Free Zone1.1 In case of raw materials

Application for Certificate of industrial operator or trader in the I-EA-T Free Zone1. Submit an application form for certificate of industrial operator or trader (I-EA-T-I-01) together

with the following supporting documents: (1) A copy of Affidavit of Company issued withinthe last six months by the Ministry of Commerce (only the page with company address)(2) Permit for land utilization (3) Old certificate(s), if any.

2. Business operators fill in the application form (I-EA-T-I-01) which comprises the followingdetails: date of application, name of business operator, name of applicant, location of theoperatorûs office, factory location, land utilization permit number with approval date,registration number of industrial operator (if any), type or category of factory and operationnumber. This form shall be signed by an authorized signatory or an authorized person withthe company seal affixed (if any).

3. The I-EA-T grants permission and issues Certificate of industrial operator or trader in theI-EA-T Free Zone (I-EA-T-I-02).

4. Business operators in the I-EA-T Free Zone submit their Certificate of industrial operatoror trader in the I-EA-T Free Zone (I-EA-T-I-02) as a supporting document to the CustomsDepartment upon bringing supplies or raw materials into the I-EA-T Free Zone for productionof goods or for commercial purposes (under Section 48 (2)).

1.2 In case of goods or raw materials for export purposesApplication for Approval of bringing supplies or raw materials into the I-EA-T Free Zone forexport purposes1. Submit an application form for approval of bringing supplies or raw materials into the

I-EA-T Free Zone for export purposes with exemption from laws regarding standard or qualitycontrol requirement as well as any stamp or mark (I-EA-T-I-03) together with the followingsupporting documents: (1) Invoice(s) of supplies or raw materials to be imported andexempt from laws regarding standard or quality control requirement as well as any stamp ormark (2) A copy of Affidavit of Company issued within the last six months by the Ministry ofCommerce (only the page with company address) (3) Permit for land utilization.

2. Business operators fill in the application form (I-EA-T-I-03) which comprises the followingdetails: date, name of business operator, tax ID number, land utilization permit number withapproval date, affidavit number with approval date issued by the Ministry of Commerce,estate of operation, type of business, address, type of imported supplies or raw materials,and type of product. This form shall be signed by an authorized signatory or authorizedperson with the company seal affixed (if any).

3. The I-EA-T grants the letter of approval for bringing supplies or raw materials into the I-EA-TFree Zone for export purposes with exemption from laws regarding standard or qualitycontrol requirement as well as any stamp or mark (I-EA-T-I-04).

35

4. Business operators in the I-EA-T Free Zone submit the letter of approval (I-EA-T-I-04) as asupporting document to the Customs Department in order to bring their supplies into theI-EA-T Free Zone.

1.3 In case of machinery or raw materials (imported from abroad) with regard to tax andduty exemption1. Submit three copies of an application form for tax and duty exemption (I-EA-T-I-05) together

with the following supporting documents: (1) Three copies of invoice(s) of imported suppliesto be exempt from taxes and duties according to Section 48 (1), 48 (2)(2) One copy of packing list(s) of imported supplies to be exempt from taxes and dutiesaccording to Section 48 (1), 48 (2).

2. Business operators fill in the application form (I-EA-T-I-05) which comprises the followingdetails:Name of free zone, name of industrial operator, land utilization permit number with approvaldate, date of import by (name of importer), type manufacturing, application number,application receipt date, dated invoice(s) number(s), the date that supplies are importedinto the I-EA-T Free Zone, import port, item number on the list, type of supplies, purposes ofsuch importation, quantity (unit) and price (baht). This form shall be signed by an authorizedsignatory or an authorized person with the company seal affixed (if any) with the specifieddate, month, and year.

3. The Industrial Estate Authority of Thailand grants applicants permission to be exempt fromimport taxes and duties (I-EA-T-I-05) and issues permission date number.

4. Business operators in the I-EA-T Free Zone submit the approved form (I-EA-T-I-05) as asupporting document to the Customs Department in order to bring supplies underSection 48 (1), 48 (2) into the I-EA-T Free Zone.

1.4 In case of domestic machinery or raw materials for tax and duty refund or exemption(in compliance with Laws on the Promotion of Investment and Customs)1. Submit three copies of an application form for refunds or exemptions of import taxes and

duties (I-EA-T-I-06) together with the following supporting documents: (1) Three copies ofinvoice(s) of imported supplies to be refunded or exempt from import taxes and dutiesaccording to Section 51 (2) One copy of packing list(s) of imported supplies to be refundedor exempt from import taxes and duties according to Section 51.

2. Business operators fill in the application form (I-EA-T-I-06) which comprises the followingdetails: Name of free zone, name of industrial operator, land utilization permit number withapproval date, name of importer, type of manufacturing, application number, applicationreceipt date, dated invoice(s) number, source of purchase, date that supplies are importedinto the I-EA-T Free Zone, item number on the list, type of supplies, purpose of suchimportation, any materials according to Section 48 (1) /48 (2), quantity (unit) and price(baht), and date-month-year. This form shall be signed by an authorized signatory or an

authorized person with the company seal affixed (if any).

36

3. The I-EA-T grants permission to the applicants to receive refunds or be exempt from

import taxes and duties (I-EA-T-I-06) and issues permission date number.

4. Business operators in the I-EA-T Free Zone submit the approved form (I-EA-T-I-06) as

supporting document to the Customs Department in order to bring supplies under Section 51

into the I-EA-T Free Zone.

1.5 In case of goods or raw materials brought into the I-EA-T Free Zone on behalf ofothers1. Business operators shall prepare an application form to bringing supplies or raw materials

into the I-EA-T Free Zone on behalf of others (I-EA-T-I-07) as a supporting document upon

bringing such materials on behalf of others to store in their warehouses in the I-EA-T Free

Zone.

2. Business operators fill in the form (I-EA-T-I-07) which comprises the following details: written at

date-month-year, (1) Importerûs segment including name of juristic person, tax ID number,

address, telephone and facsimile numbers, request for bringing in (type of supply) as in

the inventory, invoice number, name of operator, name of free zone, purpose of such

importation and name of importer juristic person, signed by an authorized signatory or an

authorized person with the company seal affixed (if any) and position. (2) Industrial operator

or trader segment including name of operator (personûs name), name of free zone, name

of importer, name of operator, signed by an authorized signatory or an authorized person

with the company seal affixed (if any) and position.

3. Business operators submit the form (I-EA-T-I-07) together with invoice(s), import entry, and

related documents issued by the I-EA-T to the Customs Department to bring supplies into the

I-EA-T Free Zone.

2. To take goods out of the I-EA-T Free Zone2.1 In case of exporting goods from the Kingdom

1. Submit two copies of an application form for permission to export (I-EA-T-E-01) together with

the following documents: (1) one copy of Certificate of Company Registration issued by the

Ministry of Commerce (only the page with company address) (2) Invoice(s) of supplies to be

exported from the Kingdom.

2. Business operators fill in the form (I-EA-T-E-01) which comprises the following details:

date-month-year, name of operator, tax ID number, land utilization permit number with

approval date, type of business, address, list of supplies to be taken out of the I-EA-T Free

Zone (put an ùxû mark in front of the selected statements in respective order as required),

descriptive details of supplies such as quantity (unit), gross weight (unit), price (baht) and

dated invoice(s) number(s). The operators are required to select ùFor exporting to countries

outside the Kingdomû and also submit other supporting documents: (1) one copy of Affidavit

of the Company issued by the Ministry of Commerce (only the page with company

37

address) (2) one copy of old export permit (I-EA-T-E-02) (if any) signed by an authorized

signatory or an authorized person with the company seal affixed (if any).

3. The I-EA-T issues a letter of approval which allows applicants to take supplies out of the

I-EA-T Free Zone (I-EA-T-E-02).

4. Business operators in the I-EA-T Free Zone submit the letter (I-EA-T-E-02) to the Customs

Department in order to take supplies out of the I-EA-T Free Zone.

Remark : In case of exporting raw materials or products from the Kingdom (with a specific period), any

invoice is not required. However, an old letter of approval (I-EA-T-E-02) (if any) needs to be attached.

2.2 In case of use or distribution within the Kingdom1. Submit two copies of an application form for permission to export (I-EA-T-E-01) together with

the following documents: (1) Invoice(s) of supplies to be distributed within the Kingdom.

(2) One copy of Affidavit of Company issued by the Ministry of Commerce (only the page

with company address).





descriptive details of supplies such as quantity (unit), gross weight (unit), price (Baht) and

dated invoice(s) number(s). Operators are then required to select ùFor use or distribution

within the Kingdomû and also submit a copy of Affidavit of Company issued by the Ministry

of Commerce (only the page with company address) which is signed by an authorized

signatory or an authorized person with the company seal affixed (if any).



4. Business operators in the I-EA-T Free Zone submit the letter of approval (I-EA-T-E-02) to the

Customs Department in order to take supplies out of the I-EA-T Free Zone.

2.3 In case of distribution to business operators in different free zones or bondedwarehouses or Section 19 bis. or BOI or Duty Free Zone for use or distributionwithin the Kingdom1. Submit two copies of an application form for permission to take supplies out of I-EA-T Free

Zone (I-EA-T-E-01) together with the following documents: (1) One copy of land utilization

permit number of operator from other operating areas, letter of approval issued by the

Customs Department which allows purchaser to set up a factory or duty free zone or tax

and duty refund zone under Section 19 bis. or a copy of the Promotion Certificate (depending

on circumstances) (2) Purchaserûs manufacturing bill of supplies including the traderûs name

as approved by the Customs Department or the Board of Investment of Thailand (depending

on circumstances), (3) Release Order on raw materials and other essentials being entitled to

38

import duty exemption which is issued to purchaser by the Board of Investment of Thailand

(BOI) (4) Invoice(s) provided by trader (applicant).





descriptive details of supplies such as quantity (unit), gross weight (unit), price (baht),

invoice(s) number(s). Operators are required to select ùFor use or distribution within the

Kingdomû and submit the following supporting documents: (1) One copy of industrial

operatorûs permit for land utilization, name of different operating free zone, Letter of

Approval issued by the Customs Department which allows purchaser to set up a bonded

warehouse or duty free zone or tax and duty refund zone under Section 19 bis. or a copy

of the Promotion Certificate (depending on circumstances), (2) Purchaserûs manufacturing

bill of supplies including the traderûs name as approved by the Customs Department or

the BOI (depending on circumstances), (3) Release Order on raw materials and other

essentials being entitled to import duty exemption which is issued to purchaser by the BOI

(4) Invoice(s) provided by trader (applicant) which is signed by an authorized signatory or an





Customs Department in order to take supplies out of the I-EA-T Free Zone.

2.4 In case of disposal of supplies within the Kingdom1. Submit two copies of an application form for permission to take supplies out of the I-EA-T

Free Zone (I-EA-T-E-01) together with the following documents: (1) One copy of the Affidavit


address), (2) Invoice(s) or description of supply to be disposed of as well as disposal sites

and methods.





descriptive details of supplies such as quantity (unit), gross weight (unit), price (baht) and

dated invoice(s) number(s). Operators are required to select ùFor disposal within the Kingdomû

and submit (1) One copy of the Affidavit of the Company issued by the Ministry of

Commerce (only the page with company address), (2) Invoice(s) or description of supplies

39

to be disposed of as well as disposal sites and methods, which is signed by an authorized

signatory or a authorized person with the company seal affixed (if any).




Customs Department.

2.5 In case of other courses on a temporary basis within the kingdom1. Submit two copies of an application form for permission to take supplies out of the I-EA-T

Free Zone (I-EA-T-E-01) together with the following documents: (1) One copy of the Affidavit


address), (2) Samples of supplies to be taken out - into the I-EA-T Free Zone, (3) Samples or

photographs of supplies to be taken out of the Kingdom, (4) One copy of contractorûs

industrial operation permit, (5) Complete production procedures of such supplies, specifying

every procedure conducted both inside and outside the I-EA-T Free Zone, (6) Hire of Work

Agreement.



approval date, type of business, address, list of supplies to be taken from the I-EA-T Free


descriptive details of supplies such as quantity (unit), gross weight (unit), price (baht),

purpose of such exportation - select ùFor other courses on a temporary basisû, a specific

date on which the whole supplies will be returned into the EAT Free Zone, reason for such

exportation, descriptive details of these returned supplies, item number, descriptive details of

supplies including quantity (unit), gross weight (unit), price (baht) and any remark, name of

manufacturer outside the I-EA-T Free Zone on a temporary basis, factory location, a permit

for factory operation number with approval date, a specific date on which the whole

supply will be returned into the I-EA-T Free Zone. The operators are then required to put an

ùxû mark to identify necessities for such exportation and provide reasons accordingly, and

also specify whether there are action plans - yes or no, if yes, provide details. This form must

be signed by an authorized signatory or an authorized person with the company seal

affixed (if any).




Customs Department.

40

2.6 In case of raw materials for exporting1. Submit two copies of an application form for permission to export (I-EA-T-E-01) together with

the following documents: (1) One copy of the Affidavit of the Company issued by the

Ministry of Commerce (only the page with company address), (2) One copy of any import

document of supplies into the I-EA-T Free Zone (such as import entry), (3) Description of raw

materials which must be submitted in the format of Excel file.





descriptive details of supplies such as quantity (unit), gross weight (unit), price (baht). The

operators are required to select ùRequest for exporting supplies from the I-EA-T Free Zone

and attach the following supporting documents: (1) A copy of the Affidavit of the

Company issued by the Ministry of Commerce (only the page with company address),

(2) One copy of any import documents of such supplies into the I-EA-T Free Zone (such as

import entry), (3) Description of raw materials, which must be submitted in the format of

Excel file and signed by an authorized signatory or an authorized person with the company

seal affixed (if any).

3. The I-EA-T issues a letter of approval which allows applicants to take the supplies out of the



Customs Department in order to take such supplies out of the I-EA-T Free Zone.

3. Report form of importing supplies into the I-EA-T Free Zone3.1 In case of raw materials

Report on importing raw materials into the I-EA-T Free Zone (I-EA-T-I-02 R):

1. Submit a report on importing raw materials into an I-EA-T Free Zone (I-EA-T-I-02 R)

2. Business operators fill in the form (I-EA-T-I-02 R) which comprises the following details:

date-month-year, name of operator, tax ID number, list of raw materials and essentials used

in the manufacturing. The operators are required to select from ùFrom abroad (as per import

entry)û, ùFrom domestic sources (as per import entry)û, ùImport transfer (as per request)û, or

ùFrom domestic sources (as per request)û. Other details to be filled include period of

importation (from date-month-year to date-month-year), item numbers, I-EA-T permit number

and issue date, number (entry/request/transfer slip), type of materials, quantity (unit), value

(baht). This form shall be signed by an authorized signatory or an authorized person with the

company seal affixed (if any).

3. Report shall be submitted within 15 days from the last day of each month.

41

3.2 In case of supplies or raw materials for export purposesReport on bringing supplies or raw materials into the I-EA-T Free Zone for export purposes in

case such materials are exempt from any laws or standard and quality control requirement as well as

particular seals or symbols (I-EA-T-I-04 R)

1. Submit a report of bringing supplies or raw materials into an the I-EA-T Free Zone for export

purposes in case f such materials are exempt from any laws or standard and quality control

requirement as well as particular seals or symbols (I-EA-T-I-04 R).


date-month-year, name of operator, tax ID number, industrial estate of operation, name of

free zone, a specific period (from date-month-year to date-month-year), item number, type

of supplies or raw materials, number of/quantity (unit) and value (baht) of supplies or raw

materials imported for manufacturing, mixing, assembling, packing, or any other operations

with such supplies, type of products (please specify). This form shall be signed by an

authorized signatory or an authorized person with the company seal affixed (if any).


3.3 In case of machinery/raw materials (imported from abroad) for tax and dutyexemption and in case of machinery/raw materials (imported from domestic sources)for tax and duty exemption or refund (in compliance with Laws on the Promotion ofInvestment and Customs)Report on importing materials into I-EA-T Free Zone (I-EA-T-I-05, 06 R)

1. Submit a report on importing required materials into an I-EA-T Free Zone (I-EA-T-I-05, 06 R)

2. Business operators fill in the form (I-EA-T-I-05, 06 R) which comprises the following details:

date-month-year, name of operator, tax ID number, list of raw materials and essentials used

in the manufacturing, list of machinery and equipment. The operators are required to select

from ùFrom abroad (import entry)û, ùFrom domestic sources (export entry)û, ùFrom domestic

sources (as per request)û, or ùImport transferred from other privilegesû. Other details include

a specific period of importation (from date-month-year to date-month-year), item number,

I-EA-T permit number and issue date, entry/request/transfer slip number, type of materials,

quantity (unit), and value (baht). This form shall be signed by an authorized signatory or an


3. List Material and list of machinery and equipment shall be submitted in separate reports

within 15 days from the last day of each month, with a clear specification of model, type

and serial no. (if any) in case of machine master list.

42

3.4 In case of importing supplies or raw materials into the I-EA-T Free Zone on behalf

of others

Report on importing supplies or raw materials into the I-EA-T Free Zone on behalf of others

(I-EA-T-I-07 R):

1. Submit a report on importing supplies or raw materials into an I-EA-T Free Zone on behalf of

others (I-EA-T-I-07 R)


date-month-year, name of operator, tax ID number, industrial estate of operation, operating

zone, a specific period (from day-month-year to day-month-year), item number, I-EA-T

permit number and issue date, entry/request/transfer slip number, type of materials, quantity

(unit), and value (baht), name of importer (in case of such materials are imported on

othersû behalf), and tax ID number of importer (owner of materials). This form shall be signed

by an authorized signatory or an authorized person with the company seal affixed (if any).


4. Report on exporting supplies from the I-EA-T Free Zone

4.1 In case of products or raw materials taken out of the Kingdom, used or distributed

within the Kingdom, disposed of, etc.

Report on exporting supplies from the I-EA-T Free Zone (I-EA-T-E-02 R):

1. Submit a report on exporting supplies from I-EA-T Free Zone (I-EA-T-E-02 R).

2. Business operators fill in the form (I-EA-T-E-02 R) which comprises the following details:

date-month-year, name of operator, tax ID number. The operators are required to select

from ùProduct listû or other lists, and from ùFor exporting supplies abroad (export entry)û, ùFor

export transferû, ùFor disposalû, ùFor use or distribution within Thailandû, which is categorized

into BOI, Section 19 bis., bonded warehouse, other the I-EA-T Free Zones, duty free zone,

others (please specify), ùFor use or distribution within Thailand (taxes applied)û or others, a

specific period (from date-month-year to date-month-year), item number, I-EA-T permit

number and issue date, entry/request/transfer slip number, type of materials, quantity (unit),

and value (baht). This form shall be signed by an authorized signatory or an authorized

person with the company seal affixed (if any).

3. Product list or any other lists shall be submitted in separate reports within 15 days from the

last day of each month.

43

4.2 In case of supplies taken out of the I-EA-T Free Zone for other operations on a

temporary basis

Report on supplies taken out of the I-EA-T Free Zone for other operations on a temporary basis

and returned to I-EA-T Free Zone (I-EA-T-E-02-1 R):

1. Submit a report on supplies taken out of I-EA-T Free Zone for other operations on a

temporary basis and returned to I-EA-T Free Zone (I-EA-T-E-02-1 R).

2. Business operators fill in the form (I-EA-T-E-02-1 R) which comprises the following details:

date-month-year, name of operator, tax ID number, options for ùRaw materialsû or others,

a specific period (from date-month-year to date-month-year), item number, I-EA-T permit

number and issue date, type of taken supplies, quantity (unit), return due date, actual return

date, type of returned supplies, and quantity (unit). This form shall be signed by an

authorized signatory or an authorized person with the company seal affixed (if any).

3. List of raw material or other lists shall be submitted in separate reports within 15 days from

the last day of each month.

Privilege and facilitation which the Industrial Operator or Trader, or Service Provider in Industrial

Estate shall receive, under the Act Governing The Industrial Estate Authority of Thailand

(4th Edition) B.E. 2550 (2007), as Amended

Non-Tax Privilege in General Industrial and I-EA-T Free Zone

1. Both Thai and alien industrial entrepreneur or trader shall be permitted to hold title over land in

industrial estates to operate its business for areas which the Board of Director of I-EA-T deems

appropriate, to the extent of exceeding the limit prescribed by other laws.

2. An industrial entrepreneur or trader shall be permitted to bring in aliens who are skilled persons,

expert, their spouses and dependents, into the Kingdom and live in the Kingdom, for the

number and within the periods which the Board of Director of I-EA-T deems appropriate.

3. An alien skilled person and expert who are permitted to stay in the Kingdom under Section 45

are allowed to work in the position which the Board of Director of I-EA-T approves, throughout

the period permitted to stay in the Kingdom.

4. An industrial entrepreneur or trader who has domicile outside the Kingdom shall be permitted to

remit money in foreign currencies out of the Kingdom only when the said amount is an inward

remitted investment, dividends or profit derived from such investment, foreign loan and the

money which the operator has obligations in foreign countries.

44

Tax Privilege and facilitation in I-EA-T Free Zone1. Tax incentive including exemption from special fees subject to the law of governing investment

promotion, import taxes and duties, value-added tax (VAT) and excise taxes on machinery,

equipments, tools, components, elements used for production of goods or commerce, or

installation to manufacturing and building. Importation of such material is not restricted to only

industrial entrepreneur or trader.

2. Tax incentive including exemption from special fees subject to the law of governing investment

promotion, import taxes and duties, value-added tax (VAT) and excise taxes on raw materials

and supplied used for production of goods or trading or service. Importation of such material is

not restricted to only industrial entrepreneur or trader.

3. Tax incentive including exemption form export duties, value-added tax (VAT) and excise taxes

for raw materials and products; including by-products and items derived from such production.

4. Industrial entrepreneur or trader in the I-EA-T Free Zone is afforded the privilege of exporting

products without any restrictions: and added convenience in bringing merchandise, equipment,

components, and raw materials into the I-EA-T Free Zone.

5. Industrial entrepreneur or trader in the I-EA-T Free Zone is afforded the privileges as similar as Free

Zone of the Customs Department.

6. Permission, for the production of export goods, to bring supplies or raw materials into the

I-EA-T Free Zone for manufacturing, mixing, assembling, packing or any other operations, without

requiring any import permits or particular seals or symbols, and with exemption from standard

and quality control requirement under any other laws- except the Customs Law. Nonetheless,

importing of such materials, which have an effect on national security or hygienic or environment

have been prohibited by ministerial regulation.

7. Relief of tax burdens for products taken out of the I-EA-T Free Zone for domestic use or

consumption. Contrary to the previous Act, its contents or components of raw materials, if

produced domestically, shall be entitled to exemption of taxes and duties.

4545

Beginning to use the system

For submitting the application through Extensible Provisioning Protocol (e-PP), the operator must

prepare equipment, tools and the program with at least the following qualifications:

1. Computer that can connect to the internet on a stable basis.

2. Web browser program - Internet Explorer Version 6.0 or higher

3. Program to convert document to be PDF, JPEG, GIF file

4. Scanner

5. Printer

In order to submit any application form through e-PP system, the operator shall primarily have user

name and password, which can be applicationed according to the following steps:

1. In case of new operator who has never had the permit/status with I-EA-T.

ë The operator shall notify I-EA-T of his intention and register through electronic system (e-PP) at

http://e-pp.ieat.go.th.

ë The officer will check the information and create user name and password and notify the

operator to further use them.

2. In case of existing business operator who has already received a permit from the I-EA-T but

never had username and password before, such business operator can application for them as

follows:

2.1 The business operator himself can application for the username and password from the

I-EA-Tûs Head Office or authorizing a person to receive them on his behalf.

2.2 The business operator can application for the username and password through the web site

http://e-pp.ieat.go.th by select the menu çforget/do not have passwordé.

After receiving the username and password from the I-EA-T, the business operator must keep

them confidentially because the owner of such username and password must be responsible for any

action done by using the username and password as though done by himself.

The business operator can submit the application through electronic system at once under the

same regulations and consideration procedures as well as paying the fee as submitting an application

in person (in paper).

Submitting Application through ExtensibleElectronic Permission & Privillege (e-PP)

46

How to access and use the system

1. Open the Internet Explorer program.

2. Type URL http://e-pp.ieat.go.th and press enter button, the system will go to çlogin memberé as seen

in the picture.

1. In case of new business operator who never had any status with the I-EA-T; select çregisteré in order

to register for username and password from the I-EA-T. After that, notification must be made to the

I-EA-T officer to check and approve the username and password.

2. In case of existing operator having already received username and password from the I-EA-T and

wishing to submit an application through the electronic system, fill in the username and password

and press çloginé to access the system.

2

1

47

Category of Applications Eligible to be Submitted Through Electronic System

Category of Approval - Permission for Land Utilization and Business Operation:1. Application for land utilization and business operation in industrial estate (I-EA-T. 01/1).

2. General application (I-EA-T. 01/3).

3. Application to notify on industrial operation commencement (I-EA-T. 03/1).

4. Application for land utilization and business operation in the industrial estate, on part of expansion

section (I-EA-T. 03/3).

5. Application for land utilization and business operation in the industrial estate. on part of permit

renewal (I-EA-T. 03/5).

Category of Approval - Permission for Construction in the Industrial Estate:1. Application for permission to construct, modify, or demolish buildings (I-EA-T. 02/1).

2. Notifying letter on the intention to construct, modify, or demolish buildings according to Section 39

bis (I-EA-T. 02/3).

3. Application for certification of construction, modification, or removal of buildings (I-EA-T 02/5).

4. Application for renewal of a permit for construction, modification, or demolishing of buildings.

5. Notifying letter on change of foreman.

6. Application for certificate of inspection of building condition according to Section 32 bis.

Category of Application for Tax Privileges:1. Application for certificate of industrial operator in the I-EA-T free zone area (import of raw materials).

2. Application for tax exemption or tax refund (for import of machinery).

3. Application for permission to take materials out of the I-EA-T free zone area (export of materials).

4. Application for approval of certificate for standard exemption (import for export purposes).

5. Application for cancelling of application for tax privileges.

6. Report.

Category of Applications for Non-Tax Privileges:1. Application for land entitlement in industrial estate.

2. Application to bring alien to stay and work in the Kingdom.

3. General application.

4. Application for cancelling application for non-tax privileges.

48

Category of Application for Land Utilization and Business Operationin the Industrial Estate

1. When the operator logs in thesystem by using his usernameand password, the screen willappear as shown in the picture.

Remarks : For new operator who never

had status with the I-EA-T, only theapplication for land utilization forbusiness operation in the industrialestate shall be seen (I-EA-T. 01/1) asthere must be an application for landutilization first, and when permission hasbeen granted for land utilization andbusiness operation in the industrialestate (I-EA-T. 01/2), then other kinds ofapplications in the system will be seen.As for the existing business operators, theywill see all kinds of applications that

can be submitted through the system.

2. Click at the type of application

wished to submit. Here is the

sample of submit t i ng the

application for land utilization

and business operation in the

industrial estate (I-EA-T. 01/1).

3. Click at the button for creating

the application form for land

utilization.

49

4. After that, the system will createthe application form for landutilization. The application form isdivided into 13 tabs (the numberof tabs depends on the type ofthe application). Tab of generalinformation - is for an automaticretrieve of existing information.The business operator must checkif the information is correct or not.If not, please inform the BusinessService Division or the IndustrialEstate Office and please fill incomplete information, then pressthe çsaveé button every time.

5. For further tabs, they are for thebusiness operator to fill in theintention to apply for landutilization and other informationas specified in the application.

Remarks:

- Filling in the number of land plot and

area by pressing çconfirmé to save the

information each time.

- For filling in other tables, the button

çconfirmé must be pressed to save the

information.

- If the filling is not yet completed, the

button çsaveé can be pressed, and

when wishing to resume the filling of

the form, press çedité.

- The operator must fill in personal

information of contacting person in

order for the officer contact in case

there is a problem or doubt, or when

the officer wishes to send email to the

email address filled in the form.

50

6. How to attach files

For the document required to be

attached with the application

form, the operator shall scan the

documents and save as JPG,

GIF or PDF files before attaching

files in the system. When attaching

the file, press çBrowseé to select

files. Then press çUpload Fileé to

attach document files.

7. After completing the filling of

information and attaching the

files, press çtab outé. The screen

will change to display the status

of the application again, that is,

çthe operator creates the

application formé.

The explanation of each button is as follows:

1 - The button çViewé is for viewing the information that has already been filled in only.

2 - The button çEdité is for changing the information that has already been filled in.

3 - The button çApproveé is for approving the application form having already been created

to submit to the I-EA-T.

4 - The button çRejecté is for cancelling the application form.

1 2 3 4

51

8. After having as already created

the appl icat ion form, the

business operator must press

button 3 to submit the

application form to the I-EA-T. The

status will then be changed from

çthe business operator creates

the applicationé to submitting the

matter for consideration by the

I-EA-T officer. The step for

submitting the application is then

completed.

9. The business operator can check the status of the application any time through the login process

to check the status and the name of the officer accepting the matter.

10. After the application has been approved, the status of the application will be shown as the

application has been approved, awaiting the business operator to pay the fee or enter into legal

procedure, etc. The business operator can press the button çViewé to view the information. After

that the business operator can contact the officer to make appointment to collect the permit.

11. When all process is done, the business operator can see the application that has already been

submitted through the system in the status çreserve informationé that can be viewed, which is

convenient for searching for the business operatorûs own information.

12. For submitting the application in the category of land utilization and business operation, it can be

done by the same method as follows:

- Selecting other application form, press button to create the application form.

- Fill in the form and attach required files.

- After that, press the button to save the information.

- Press çApproveé button to submit the application form to the I-EA-T.

52

Category of Application for Construction of Buildings in the Industrial Estate

1. When the business operator

enters the system through login

by using username and password

received from the I-EA-T, the

screen will appear as shown in

the picture.

2. Click at the type of application

desired (for example, application

for construction, modification,

or demolishing of buildings

(I-EA-T. 02/1).

3. Click at the button to create

the application for construction,

modification, or demolishing of

buildings.

53

4. After that, the system will create the

application form for construction

by retrieving existing information

automatically and the tabs for

filling information will appear such

as tab on general information, tab

on information of the permit (the

number of tab depends on the

type of application).

5. In filling the form, please fill in

each tab completely. For filling in

the tab for general information,

the operator must check all

information if it is correct or not,

then press çsaveé button every

time.

6. In filling the tab of information

on permission: Press the button

çconfirmé every time there is a

filling of information in tables in

order to save the information in

the system.

7. In the tab of information on

permiss ion, it is a f i l l ing of

information to apply for permission

such as information on buildings,

types of building, designer and

foreman.

54

8. In the application, there shall

appear the items of documents

to be submitted for consideration

by the officer. The business

operator can download the

form, fill in the information, and

attach files in the box for saving

documents.

9. Attaching files

For document files attached to

the application, the business

operator can download the form,

scan the documents and save

files in JPG, GIF or PDF format

before attaching files in the

system. In order to attach files,

press the button çBrowseé to

select the files, then press

çUpload Filesé to attach the files.

10. After having already filled in the

form and attaching document

files, the business operator must

fill in the information on the

contact person in order to be

contacted by the officer. Then

press the button çSaveé to save

the information.

55

11. After having already filled in the

form, press çtab outé. Then the

screen will change to show the

status of çthe operator creates

the applicationé.

The explanation on each button is as follows:

1 - The button çViewé is for viewing the information that has already been filled in only.

2 - The button çEdité is for changing the information that has already been filled in.

3 - The button çApproveé is for approving the application form having already been created

to submit to the I-EA-T.

4 - The button çRejecté is for cancelling the application form.

12. After having created theapplication form for examinationand ready to submit theapplication, press button 3çApproveé in order to submitthe application to the I-EA-T. Thenthe status will change from çtheoperator creates the applicationéto çsubmit for consideration bythe officer step 1é. This meansthat step 1 of the submission ofapplication has been completed.

13. After the completion of step 1,then it will be the I-EA-T officerûsduty to carry out the preliminaryconsideration of the companyûsappl icat ion. Af te r hav i ngconsidered step 1, the officer willsend the email to the operatorto submit the original documents(blueprint) to the I-EA-T withinthe specified time, and thestatus of the application willchange to çpass considerationof step 1, awaiting the originaldocuments and blueprinté.

1 2 3 4

56

14. After the operator having

submitted the original documents

and blueprint to the I-EA-T officer,

the officer will further consider

the application and the status

of the application will change to

çthe officer considers accepting

the original documents and

blueprint and further submit to

the officer to carry out step 2

consideration.é

15. After the I-EA-T officer has

completed the consideration and

approval granted, the status of

the application will be çapproved

and awaiting fee paymenté. The

operator can press the button

çviewé to view the information.

Then the operator can contact

the officer to make appointment

to collect the permit.

16. When all procedures are completed, the business operator can see the application which

has already been submitted through the system which is in the status çreserve informationé.

Such information can be viewed and it is convenient to search for the business operatorûs own

information.

17. For the submission of other applications in the category of permission for construction, it can be

done by the same method as follows:

- Select other types of application needed and press the button to create the application form.

- Fill in the information and attach the required document files.

- When finish filling out the form, press button to save the information.

- Press çApproveé button for submitting the application form to the I-EA-T.

57

Category on Tax Privileges

1. The business operator can login

to the system by using username

and password received, the

screen will appear as shown in

the picture.

2. Click to select the type of

application desired to submit

(for example, application for a

permit to be industrial operator

in free zone area (for importing

raw materials).

Remarks : After logging in to the system, there shall appear details of the current status of guarantee paymentand the outstanding amount at the right hand side of the screen on part of the application for tax privileges.This is to inform whether the current status of guarantee payment is at the status of çsuspensioné if the currentamount is less than Baht 90. In such case, the business operator cannot apply for tax privileges unless theguarantee payment is paid first.

3. Click at the button çcreate the

application for a permit for

being industrial operator in free

zone areaé.

58

4. Then the system will create the

application for a permit in order

for the operator to fill out the

form as shown in the picture.

Remarks:1. The gray area is the part that change

of the information is prohibited), asfor the general information of thebusiness operator, if there are changesof information from other system, forexample, system of the applicationfor land utilization and businessoperation in the industrial estate(I-EA-T. 01/1) or general application(I-EA-T. 01/3), the information of thispart will be automatically updated.

2. The blue area is the part of industrialinformation that the business operatorcan fill in the information on the locationof factory in the free zone area.

3. For the heading çhaving intention toconsider and apply for certificate até,if the business operator selects çtheHead Officeé, the system will send theapplication with the document to theconsidering officer at the HeadOffice. If the business operator selectsçindustrial estate..... (in which thecompany/factory is located), thesystem will send the applicationdocuments to the considering officerat the office in such industrial estate.

4. At the box of çlist of raw materialsand necessary materialsé, the file ofthe types of raw materials must beattached in excel format. The samplefile can be viewed at çclick here todownload example filesé or çclick herefor suggestionsé and çaffidavit ofMinistry of Commerceé. The documentmust be scanned and save files inthe format of .JPG, .GIF or .PDF filesbefore attach the files in the systemby pressing button çBrowseé in orderto prepare and send document into

the system as shown in the picture.

59

5. The business operator must fill indetails of person to be contactedby the officer in every box withthe sign of *. For incomplete filling,information cannot be saved intothe system. When filling out theform completely, the businessoperator should double check theapplication carefully and pressçsave the applicationé. The screenwill be as shown in the picture.

The screen will change to show the status of the application as çthe operator creates newdocument.é The system shows the following icons that can be used by the business operator withthe application documents:1 - The button çViewé is for viewing the information that has already been filled in only.2 - The button çEdité is for changing the information that has already been filled in.3 - The button çApproveé is for approving the application form having already been created

to submit to the I-EA-T.4 - The button çRejecté is for cancelling the application form.

6. After having created the applicationform, the business operator mustpress button 3 to submit theapplication form to the I-EA-T. Thenthe status will change from çtheoperator creates new documentéto çsubmitting application form tobe considered by the I-EA-T officeré.The procedures for submitting theapplication form shall then beregarded as being completed asshown in the picture.

7. After having completed all the procedures, the business operator shall see that the applicationwhich has already been submitted through the system has changed the status to çreserve documentéand can be viewed for the convenience in searching for the business operatorûs own information.

8. For submitting other applications in the category of Applying for Tax Privileges, it can be done bythe same method as follows:- Select other types of application needed and press the button to create the application form.- Fill in the information and attach the required document files.- When finish filling out the form, press button to save the information.- Press çApproveé button for submitting the application form to the I-EA-T.

1 2 3 4

60

Category on Non-Tax Privilege Application

1. To login to the system, the

business operator must use

the username and password

received, the screen will be

shown.

2. Click to select the type of

application form needed to

submit (for example, submission

of application for land utilization).

3. Click at the button çcreate

application for land entitlement

in the industrial estateé.

61

4. Then the system will create the

application for a permit for the

operator to fill in the information

as shown in the picture.

5. As regards the information of

general status of the business

operator, if there is any change,

the information in other systems,

such as the application form

for land utilization for business

operation in the industrial estate

(I-EA-T. 01/1) or the general

application form (I-EA-T. 01/3),

will be updated automatically

as shown in the picture.

62

6. It is the part of the application

form to be filled in by the business

operator with the information

under title of çshareholdersû valueé

and çwishing to apply for land

entitlementé.

Remarks : After every filling of information in each line of the form, press button çaddé to save that information

in to the system even filling out only 1 line. If wishing to delete any item of information, press the button çdeleteé.

7. Fill in the information under title

çApplication for Land Entitlement

for Industrial Operationé.

8. Fill in the information under title

çDetails of Area Neededé.

63

9. Document files attachment:

For attaching files to the application

form, the business operator must

scan the documents and save in

the format of .JPG, GIF or PDF

files before attaching them in the

system. For attaching files, press

çBrowseé to select files needed to

be attached, then press çUpload

Fileé.

10. The business operator must fillin details of person to becontacted by the officer inevery box with the * mark. If thefilling of information is incomplete,the information cannot be savedin to the system. After having completely filled in the information in the form, the business operatorshould double check and press çSave the information of the applicationé, which will appear asshown in the picture.

The screen will change to show the status of the application form, that is çthe operator creates theapplication formé.The system shows the following icons that can be used by the business operator with the applicationdocuments:1 - The button çViewé is for viewing the information that has already been filled in only.2 - The button çEdité is for changing the information that has already been filled in.3 - The button çApproveé is for approving the application form having already been created

to submit to the I-EA-T.4 - The button çRejecté is for cancelling the application form.

1 2 3 4

64

11. After having created the

application form, the business

operator must press button 3to submit the application form

to the I-EA-T. Then the status will

change from çthe operator

creates new documenté to

çsubmitting application form to

be considered by the I-EA-T

officeré. The procedures for

submitting the application form

shall then be regarded as being

completed as shown in the

picture.

12. After having completed all the procedures, the business operator shall see that the application

which has already been submitted through the system has changed the status to çreserve documenté

and can be viewed for the convenience in searching for the business operatorûs own information.

13. For submitting other applications in the category of Applying for Non-Tax Privileges, it can be done

by the same method as follows:

- Select other types of application needed and press the button to create the application form.

- Fill in the information and attach the required document files.

- When finish filling out the form, press button to save the information.

- Press çApproveé button for submitting the application form to the I-EA-T.