The Emergency Decree on Management of Foreigner's Working B.E. 2561 (2018)

THE EMERGENCY DECREE ON MANAGEMENT OF FOREIGNER’S WORKING

The Emergency Decree on Management of Foreigner's Working B.E. 2561 (2018)

THE EMERGENCY DECREE ON MANAGEMENT OF FOREIGNER’S WORKING
(No. 2) B.E. 2561 (2018)
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HIS MAJESTY KING MAHA VAJIRALONGKORN BODINDRADEBAYAVARANGKUN;
Given on the 24th Day of March B.E. 2561;
Being the 3rd Year of the Present Reign.

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

Whereas it is expedient to revise the law on foreigners’ working and the law on the bringing of foreigners for working with employers in the country;

Whereas this Emergency Decree contains certain provisions relating to the restriction of rights and liberties of the people, in respect of which Section 26 in conjunction with Section 33, Section 34, Section 38 and Section 40 of the Constitution of the Kingdom of Thailand so permits by virtue of the provisions of law;

Whereas this Emergency Decree is, in essence, concerned with foreigners’ working management to achieve orderliness and efficiency for the purpose of maintaining the national security, the enactment of this Emergency Decree has been made in compliance with the provisions of Section 26 of the Constitution of the Kingdom of Thailand;

Be it, therefore, by virtue of the provisions of Section 172 of the Constitution of the Kingdom of Thailand, enacted by the King, as follows.

Section 1. This Emergency Decree is called the “Emergency Decree on Management of Foreigner’s Working (No. 2) B.E. 2561 (2018)”.

Section 2. This Emergency Decree shall come into force on the day following the date of its publication in the Government Gazette.

Section 3. The following shall be repealed: (6) and (7) of Section 4 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) and shall be replaced by the following statements:

“(6) Foreigners who entered into the Kingdom temporarily for arranging or attending meeting, giving the opinion, lecturing or demonstrating in meeting, training, exhibition or seminar or exhibition, or arts performing, culture or sports or other activities as to be prescribed by the Cabinet. In prescribing such activities, the Cabinet may prescribe the period of time or conditions as will be considered as appropriate by the Cabinet;

(7) Foreigners who are investors or operators of businesses, experts, or highly-skilled professionals who could be beneficial to the country’s development as will be prescribed by the Cabinet;

Section 4. The following statement shall be added as (8) of Section 4 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017):

“(8) Foreigners who are representatives of a company holding a foreign business license under the foreign business law of Thailand.

Section 5. The definitions of “Bringing a foreigner for working” and “Work” under Section 5 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced with the following statements:

“”Bringing a foreigner for working” means any operation performed for bringing a foreigner to enter the Kingdom for working;

“Work” means the engaging in any occupation with or without an employer, excluding the operation of business of the person holding a foreign business license under the foreign business law of Thailand.”

Section 6. The statement of “Permit for bringing foreigners for working” and “Person granted Permit for bringing foreigners for working” under Section 5 shall be repealed and replaced by the following statements:

““Permit for bringing foreigners for working” means permission for operating the business of bringing foreigners for working with employers in the country;

“Person granted Permit for bringing foreigners for working” means person who operates the business of bringing the foreigners for working with employers in the country who has obtained a Permit for bringing foreigners for working”

Section 7. The following statement shall be added as the Section 5/1 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017):

“Section 5/1 Any actions prescribed in this Emergency Decree in compliance with the criterions, methods and conditions stipulated in the Ministerial Regulations or as will be determined by the Minister or Director-General, such stipulation or determination shall not be in the manner that creates unnecessary procedures or causes any excessive burdens to the citizen and the period of time for performing duty of every competent officials shall be fixed for every process.

In the case of this Emergency Decree has determined any person to be liable to notify the Director-General, registrar, or competent officer, the Director-General shall prescribe the notifying methods for the notifying person to be able to perform conveniently and quickly. Such notifying methods may be made in writing or electronic medium or other means which the citizen will be able to perform without any excessive burden and the period of time for the Director-General, registrar and competent officer must accept such notification shall be prescribed as well.”

Section 8. The statements under Section 7, Section 8 and Section 9 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statements:

“Section 7. The Minister, with the approval of the Commission, may issue a Notification prescribing any work to be the work prohibited from being carried out by foreigners, provided that the prohibition may be, to any extent whatsoever, absolute or subject to any conditions.

In issuing the Notification under paragraph one, regard shall be had to national security, occupation opportunities of Thai people, the promotion of Thai wisdom and Thai identity, and the need of foreign labour which is necessary for national development, including the international relationships or obligations of Thailand in the manner of reciprocity which must also be taken in to account.

Section 8. A foreigner shall not carry out any work without having obtained a work permit or carry out any work other than works that they are eligible to do which shall be deemed violation to this Emergency Decree.

Section 9. Any person shall not take a foreigner into any work when the foreigner has no work permit or take a foreigner to carry out any work other than works that they are eligible to do which shall be deemed violation to this Emergency Decree”.

Section 9. Section 10 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed.

Section 10. Section 11 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statements:

“Section 11. In order to maintain opportunity in occupations and professions of Thai citizen, the Department of Employment shall announce the notification for recruiting the job seekers with Thai nationality and register the job applicants and shall publicize the most up-to-date information to be easily accessible on daily basis. 

Any person who wishes to employ a foreigner to work in the type that has registered Thai national job seeker for working in the same type and locality with the Department of Employment, if a number of such workers are over 5 persons, then the foreigners shall not be employed over 20%, except the fee has been paid extra.

The rate of fees under the second paragraph shall be pursuant to the rates prescribed in the Ministerial Regulation which the fee may be fixed per a number of foreigners who are non-complying to the provision under the second paragraph.  

Counting the foreigners number prescribed under second paragraph shall not include the foreigners who have granted the permission to work under Section 63/1.

Any person violates the provision under second paragraph shall be subject to pay an extra fee equivalent to the regular payable fee.

When the provisions under this Section will be applied to any work, it shall be prescribed as the Royal Decree.”

Section 11. Section 12 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed.

Section 12. Section 13 and Section 14 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statements:

“Section 13. Any person employs a foreigner, shall notify the name and nationality of the foreigner and the description of work assigned to the foreigner to the registrar within fifteen days from the date of employment. When such foreigner resigns from work, the employer shall notify the registrar within fifteen days from the date of resignation and shall specify the reason of resignation of such foreigner as well.

The provisions under the first paragraph shall not be applied to the foreigner under the category announced by the Director-General.

Section 14.  In special cases, only matters that are necessary for the purposes of maintaining national security or national economic or preventing a public disaster, the Minister with the approval of the Council of Ministers may grant the following persons permission to work in the Kingdom subject to any conditions or may grant them exemption from compliance with this Emergency Decree in any particular case.”

Section 13. Section 15 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed.

Section 14. Section 24 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed.

Section 15. Section 28 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statement:

“The placement of security, the retention of security, the deduction of security, the change of security, the placement of additional security and a request for a return of security shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.”

Section 16. Section 29 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed.

Section 17. Section 30 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statement:

“Section 30 A Permit for bringing foreigners for working under Section 26 shall be valid for five years as from the date of issuance thereof,  but the person granted Permit for bringing foreigners for working shall pay the yearly fee according to the rates determined by the Ministerial Regulation.

It is the responsibility of the competent official to examine the compliance with this Emergency Decree at least once a year.

Person granted Permit for bringing foreigners for working who wishes to extend the Permit for bringing foreigners for working shall submit the application form prior the expiry date of permission not less than thirty days and when such application has been submitted, the business operation can be continuously carried on until having received a notification of disapproval for business operation from the Director-General.

Application for extension and approval of Permit for bringing foreigners for working shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation provided that the Director-General shall complete the consideration within fifteen days as from the date receiving the application form.

Person granted Permit for bringing foreigners for working must pay the yearly fee within sixty days as from the beginning date of the second year of such Permit for bringing foreigners for working and following year. The fee payment may be made through electronic system and after making the payment of yearly fee, the payment of yearly fee and copy of evidence of payment thereof shall be notified to the registrar.

If person granted Permit for bringing foreigners for working fails to pay the yearly fee within the due date under paragraph five, the Director-General may suspend the Permit for bringing foreigners for working in accordance with Section 86.”

Section 18. Section 33, Section 34 and Section 35 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statement:

“Section 33 The person granted Permit for bringing foreigners for working who wishes to move the office or establish a temporary office which is not the place indicated in the permit for bringing foreigners for working must notify the registrar in advance not less than fifteen days.

Section 34. In the case of an intention to change a manager authorized to represent the juristic person, the person granted Permit for bringing foreigners for working must notify the registrar in advance not less than fifteen days.

Section 35. The person granted Permit for bringing foreigners for working must notify the registrar of a number and names of employees who perform the duty in connection with the bringing of foreigners for working with employers in the country, in accordance with the rules, procedures and conditions prescribed in the Director-General.

Manager authorized to represent the juristic person and employees who perform the duty in connection with the bringing of foreigners for working with employers in the country, shall have the ID card and copy of the permit for bringing foreigners for working and be able to display the existence of such ID Card and copy of the permit for bringing foreigners for working at anytime.

The ID Card must be made in accordance with the format prescribed by the Director-General.”

Section 19. Section 36 and Section 37 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed.

Section 20. The second paragraph of Section 38 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statements:

“Under the enforcement of Section 55, in the case where the person granted permission for bringing foreigners for working ceases the operation of the business of bringing foreigners for working with employers in the country and has no liability to make compensation under this Emergency Decree, the person granted permission for bringing foreigners for working shall submit to the Director-General an application for a return of the security. When it is revealed from an examination that the person granted permission for bringing foreigners for working has no liability to make compensation under this Emergency Decree, the Director-General shall, in writing, notify the person granted permission for bringing foreigners for working to take a return of the security.”

Section 21. The Section 39 and the Section 40 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed.

Section 22. Section 41, Section 42 and Section 43 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statements:

“Section 41. In bringing foreigners for working with employers in the country, the person granted permission for bringing foreigners for working must conclude a contract for bringing foreigners for working with employers in the country, with the lists of names, nationalities and passport numbers of the foreigners and said employers shall not be the operator in business of human resource outsourcing or workforce outsourcing and shall only the foreigners pursuant to the number and names specified in the said lists can be brought for working with employers in the country.

Contract for bringing foreigners for working specified under paragraph one must contain at least the details as prescribed by the Director-General.

When bringing foreigners for working, person granted permission for bringing foreigners for working must submit copy of the contract made with the employers of the foreigners under first paragraph to the registrar and in case of necessary the registrar may be requested to certify the contract and the existence of employers and employer’s work. In such case, when the registrar has examined and satisfied with the correctness thereof, the registrar shall grant a certificate and after receiving the name lists and passport numbers of the foreign workers, then the person granted permission for bringing foreigners for working shall notify the information under the first paragraph to the registrar and the registrar shall notify such information to the Immigration Office or related government office.

After notifying the information to the registrar according to the third paragraph, the person granted permission for bringing foreigners for working may submit the application to obtain the work permit on behalf of the foreign workers who have been registered under third paragraph.

Section 42. In bringing foreigners for working with employers in the country, the person granted permission for bringing foreigners for working shall be prohibited from demanding or receiving any money or any other property from employers or foreigners, except service charges and expenses as detailed in the particulars and at the rate prescribed in the Notification of the Director-General.

Section 43. When the person granted permission for bringing foreigners for working has transferred the foreigners to the employers, the transfer of foreigners shall be reported to the registrar within fifteen days as from the date of such transfer as prescribed in the Notification of the Director-General.”

Section 23. Section 46 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statements:

“Section 46. Any employer who is not the operator in the business of human resource outsourcing or workforce outsourcing that wishes to bring the foreigners from abroad to work in the Kingdom of Thailand in accordance with the Memorandum of Agreements and Memorandum of Understandings made between Thai Government and foreign government, must notify the registrar of the number of countries that are the domicile of the foreigners, works designated for foreigners to do and other particulars as prescribed by the Director-General. In case of the fees payable under Section 11, the employers shall perform further procedures following such fees payment.

In the case that no need to pay the fees or has already paid the fees pursuant to the first paragraph, the employers shall manage to have the names and passport number of the foreigners who will enter the Kingdom for working and notify such information to the registrar and the registrar shall report to the immigration office related government office. In this regard,  the Director-General may demand the employers who are bringing the foreigners for working in the category determined to deposit the security in order to guarantee the performances in compliance with this Emergency Decree. Furthermore, the placement of security, the retention of security, the deduction of security, the change of security, the placement of additional security and a request for a return of security shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.

Before the foreigners entering into the Kingdom for working with the employers, the employers must execute the written employment contract with at least the details as prescribed by the Director-General and keeps such employment contract at the employers’ office to be available for the registrar or competent official’s examining and copy of said employment contract shall be retained by the employees. When the foreigners have resigned for any reasons whatsoever, the employers must notify the registrar within fifteen days as from the resignation thereof and also specify reason of the foreigners’ resignation.

The provisions under this Section shall not be applied to the employer who is not a operator in business of human resource outsourcing or workforce outsourcing that wishes to bring the foreigners from other countries that have no any MOU or MOA made between Thai government and foreign government prescribed under the first paragraph”

Section 24. Section 49 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statements:

“Section 49. An employer shall not demand or receive money or any other property from a foreigner in return for bringing the foreigner for working with him in the country, except for the expenses that are the foreigners’ responsibility which has been advanced payment by the employers, for example, expenses of passport, health check-up, work permit or other similar expenses as prescribed by the Director-General, the employer can deduct such expense from wage, overtime payment, wage for holiday working or overtime payment for holiday working, provided that the employers can deduct from the income which the foreigners are eligible to receive pursuant to the actual payment made by the employers, but the deduction shall not be exceeding 10% of total monthly income of such foreigners.

In the event of there is no agreement specifying that the employers are responsible to pay for the employees’ traveling expenses and the employers have advanced the payment for the employees’ traveling expenses, then the employer may make the deduction from the income which the foreigners are eligible to receive under the first paragraph.”

Section 25. Section 50, Section 51, Section 52 and Section 53 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statements:

“Section 50. When the person granted permit for bringing foreigners for working has transferred the foreigners to the employers in accordance with Section 43, in the following circumstances, the employers must notify the person granted permit for bringing foreigners for working and registrar within 7 days as from the date of occurrence of such circumstances as the case may be.

  1. (1) The employers deny to hire such foreigners;
  2. (2) The foreigners are not willing to work with the employers;
  3. (3) The foreigners resign from work for any reason whatsoever.

In the cases prescribed under (1) or (3), specifically for incidence which is not the employee’s default and such foreigner wishes to work with another employer, the person granted permit for bringing foreigners for working may manage to have the new employers for the foreigners within 30 days as from the date that the employers deny to take the foreigners for working, however, the period of time for working with the new employers shall not exceed the prescribed period in accordance with the contract for bringing the foreigners for working.

In the case prescribed under (2), specifically for incidence which is the employer’s default, the Section 51 and Section 52 shall be applied mutatis mutandis.

When the person granted permit for bringing foreigners for working has performed pursuant to the second paragraph or third paragraph, the result thereof shall be notified to the registrar according to the format determined by the Director-General.

In the cases prescribed under (1) or (2), such foreigner has not worked with the new employer within the prescribed period, it shall be deemed that the permit of stay in the Kingdom of such foreigner has been terminated in accordance with the immigration laws and the person granted permit for bringing foreigners for working shall send the foreigner back to the country of origin within 7 days as from the expiry date of the period of time prescribed for working with the new employer and submit the foreigner’s evidences of departing from the Kingdom to the registrar within 7 days as from the date of sending back such foreigner. In the case that the said proceeding could not be performed, such failure shall be notified the registrar within 3 days as from the expiry date of the period of time prescribed for working with the new employer and then the registrar must notify the competent official in accordance with the immigration laws or police officer to send such foreigner out of the Kingdom quickly. Under the said situation, the person granted permit for bringing foreigners for working shall be responsible for payment of the operating expenses of the competent official in accordance with the immigration laws or police officer that is not exceeding the rate prescribed by the Director-General.

In the case that the person granted permit for bringing foreigners for working fails to submit the foreigner’s evidences of departing from the Kingdom within the period of time prescribed under the fifth paragraph, shall be liable to pay an administrative fine to the registrar at the rate of 1,000 Baht per day per each foreigner until the proper compliance will be performed, but not over 20,000 Baht per each foreigner.

Section 51. Foreigners working with the employer under Section 43 or Section 46, in case of resigning before the expiry date of the term of the employment contract, the foreigner shall not be eligible to work with other employers, except the foreigner has proved to the registrar of the resigning reason is caused by the employer’s default or the foreigner has already compensated for the damages to the former employer. In the said case, the registrar must issue a new work permit or endorse upon the back of the work permit showing the right to change the employers.  

The damages under the first paragraph are the entire expenses incurred in bringing the foreigner for working calculated according to the proportion of the term that such foreigner had worked.

The statement under the first paragraph shall not apply to the foreigners who have been extended the employment contract and resigned from work during the term of the renewed employment contract.

Section 52. Foreigners who is eligible to change the employer according to Section 51 must work with the new employer within thirty days as from the date of resigning from the former employer and in the case that the said foreigners work in the category that the employer must deposit the security pursuant to Section 46, the new employer must deposit the security to the Director-General in accordance with Section 46 within fifteen days as from the date of employing such foreigners.

Section 53. Foreigners who is not eligible to change the employer according to Section 51 or foreigners who is eligible to change the employer, but does not work with other employers within the prescribed period under Section 52, the work permit of such foreigner shall be terminated as from the date that the said foreigner resigned from work or when the prescribed period under Section 52 has ended, as the case may be, and the permit for stay in the Kingdom of Thailand for such foreigner shall be terminated in accordance with the immigration laws.

The person granted permit for bringing foreigners for working or the last employer who deposits the security according to Section 46 or Section 52 shall be responsible for the expenses in sending the foreigners under the first paragraph back to the country of their origin, as the case may be.”

Section 26. Section 54 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed.

Section 27. Section 55, Section 56, Section 57 and Section 58 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statements:

“Section 55. When the foreigners have worked with the employer under Section 43 or Section 46 until the expiration of the term prescribed in the contract for bringing the foreigner for working with the employer in the country or the employment contract, the person granted permit for bringing foreigners for working or the last employer who deposits the security according to Section 46 or Section 52 shall send such foreigners back to the country of their origin, except there will be an extension of the employment contract or the said foreigner may work with the new employer within the prescribed period under Section 52.

The provision prescribed in Section 50, the fifth and sixth paragraph, shall be applied to the sending back of the foreigners to the country of their origin under the first paragraph mutatis mutandis.

In the case that the person granted permit for bringing foreigners for working has ceased the business operation of bringing foreigner for working, the registrar shall refund the security to the person granted permit for bringing foreigners for working, when such granted person has submitted the evidences of finished sending back of the foreigners to the country of their origin which shall not be later than two years as from the date of cessation of business operation. After expiration of said period and the person granted permit for bringing foreigners for working have not yet submitted the evidences of finished sending back of the foreigners to the country of their origin to the registrar, the aforementioned security shall become the property of the Funds for sending the foreigners back to the country of their origin henceforward. In the case of the person granted permit for bringing foreigners for working has submitted the evidences of finished sending back only part of the foreigners to the country of their origin within the period prescribed above, the Director-General shall refund the security according to the ratio and procedure prescribed in the Ministerial Regulation.

Section 56. Foreigners who enter into the Kingdom for working pursuant to the provisions in this category and must be sent back to their country of origin in accordance with the immigration laws or other laws, the government office performing the sending back of such foreigners may collect the expenses incurred from handling the sending back such foreigners from the person granted permit for bringing foreigners for working or the employer who deposits the security.

In the case that the person granted permit for bringing foreigners for working or the employer fails to reimburse the expenses to the related government office within the prescribed period in accordance with the first paragraph, the Director-General shall deduct such amount of money from the deposited security in order to reimburse the government office performing the sending back of the foreigners to their country of origin.

Section 57. Any foreigner who suffers from the failure of the person granted permit for bringing foreigners for working or the employer to comply with the Section 50 may surrender him/herself with the Director-General or the competent official authorized by the Director-General in order to request for being sent back to his/her country of origin and the Director-General or the competent official authorized by the Director-General shall perform the sending back of the foreigners to their country of origin with no delay and the provisions in the second paragraph of Section 58 shall be applied mutatis mutandis.

Section 58. In the event that that the person granted permit for bringing foreigners for working or the last employer who deposits the security in accordance with Section 46 or Section 52 fails to perform the sending back of the foreigners to their country of origin complying to the provisions under this part, whenever the registrar or competent official finds such foreigners, the registrar or competent official shall immediately perform the sending back of the foreigners to their country of origin.

In sending back the foreigners to their country of origin under the first paragraph, the registrar or competent official shall use the money from the Funds first and send a notice to the person granted permit for bringing foreigners for working or the employer under the first paragraph to pay the expenses incurred in handling the sending back of the foreigners and other necessary expenses within the prescribed period. If the person aforesaid fails to make the reimbursement within the prescribed period, the Director-General may deduct such amount of money from the security deposited by the person granted permit for bringing foreigners for working or the employer, as the case may be.

After deduction of the security according to the second paragraph, the Director-General shall notify the person granted permit for bringing foreigners for working or the employer with no delay.”

Section 28. Section 59, Section 60, Section 61, Section 62 and Section 63 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017) shall be repealed and replaced by the following statements:

“Section 59. Foreigners who have the residence in the Kingdom of Thailand or has been granted permission for entering into the Kingdom for temporary stay in accordance with the immigration laws for tourism or transit visa shall be eligible to work only the works that are not prohibited under the first paragraph of Section 7 and must have obtained a work permit.

By the virtue of Section 60, the foreigners who wish to apply for a work permit according to the first paragraph shall submit an application form to the registrar and in case of having the employer, the name of such employer must be specified.

The application and granting of permit according to the first and second paragraph shall be complying to the criteria, procedure and conditions prescribed in the Ministerial Regulation which may determine that the performance thereof may be electronically and the work permit shall be valid for a period as requested by the applicant but shall not be exceeding two years as from the date of issuance thereof.

Under the third paragraph, the Ministerial Regulation must expressly prescribe the period of time for completion as from the date of accepting the application form and until the date of issuing the work permit which shall not be over fifteen business days. In the case that the registrar is unable to issue the work permit for the applicant within the prescribed period, the Minister or the Director-General may take any action against the related competent officials as will be appropriate for such specific case. In the event of the failure to issue said work permit caused by unreasonable ground, it shall be deemed as the disciplinary offence and the disciplinary action shall be applied henceforward.

By the virtue of the laws, the person granted permit for working under the first paragraph shall be eligible to do all works that are not prohibited under the first paragraph of Section 7.

Section 60. Any foreigner living outside the Kingdom of Thailand who wishes to apply for the permit to work in the Kingdom may submit the application and pay the fee through the electronic system.

Any employer who wishes to employ foreigners to work in his/her business in the Kingdom may submit the application form and pay the fee on behalf of the foreigners to the registrar.

The application and granting of permit according to the first and second paragraph shall be complying to the criteria, procedure and conditions prescribed in the Ministerial Regulation.

Section 61. Any foreigner who enters into the Kingdom for temporary stay in accordance with the Immigration Laws for performing any work, which is necessary or urgent or specific work that have the determined period of time for completion of work within fifteen days, shall be eligible to work only when having sent a written notice to the registrar.

Any work which is necessary or urgent or specific work specified under the first paragraph shall be as prescribed in the notification by the Director-General.

Foreigner performing works specified under the first paragraph, if the work cannot be completed within the prescribed period, a request for maximum fifteen days extension of time may be submitted to the registrar in advance before the expiration of such prescribed period.

The notification under the first and third paragraph and issuance of acknowledgement letter shall be complying with the criteria and procedure prescribed in the Ministerial Regulation.

Section 62. When the foreigners have been obtained the permission to work in the Kingdom in accordance with the Investment Promotion Law, Petroleum Law or other laws, the authorized government office under the aforesaid laws shall notify to the registrar with no delay.

The registrar shall issue the work permit to the foreigners according to the first paragraph within seven days as from the date of accepting the notification and during the pending issuance of such work permit; in the meantime the foreigners specified under the first paragraph are eligible to work and be exempted from performing complying with the Section 68.

The issuance of work permit according to the second paragraph shall be complying with the criteria and procedure prescribed in the Ministerial Regulation and be free from the enforcement of the notification issued under Section 7 and the work permit shall be valid for a period of time permitted for entering into the Kingdom for working in compliance with the aforementioned laws.  

In the case that the person granted to work has been granted an extension for working pursuant to the aforesaid laws, the government office authorized under such laws must quickly notify the registrar according to the forms as prescribed by the Director-General and the registrar shall register such extension of time into the work permit.

Section 63. Any Foreigner who has the following characteristics may apply for permission from the Registrar for carrying out the work of the type prescribed by the Council of Ministers by publication in the Government Gazette with the recommendation of the Commission, having regard to national security and social impacts:

  1. (1) Being exiled under the law on exiling and granted lenient permission for engaging in an occupation at a particular place in lieu of an exile or awaiting an exile.;

  2. (2) Entering or staying in the Kingdom without permission under the law on immigration but being granted permission to stay in the Kingdom temporarily for the purpose of awaiting a deportation from the Kingdom under the law on immigration that are not the reasons specified under Section 63/2.
Application for the work permit and issuance of the work permit as prescribed under the first paragraph shall be complying with criteria, procedure and conditions as prescribed in the Ministerial Regulation and the work permit shall be valid for a period equivalent to the period of the granted lenient permission but not exceed one year as from the date of issuance of the work permit and such work permit shall be renewable as will be necessary but not over one year per each renewal.

When the registrar has already issued the work permit to any foreigner, the registrar must notify the competent officials under the law on immigration.

Within the end of January of every year, the competent officials under the law on immigration shall notify the registrar of the result of the exile or deportation. In the event of the registrar has been notified that the exile or deportation has not yet been completed or the registrar has not yet been notified by the competent officials under the law on immigration, the registrar shall have the authority to renew the work permit prescribed under the first paragraph according to the applications submitted by the foreigners and when the renewal of the work permit has been granted, such renewal must be notified to the competent officials.”

Section 29. The following provisions shall be added as the Section 63/1 and Section 63/2 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 (2017):

“Section 63/1. Any Foreigner who has the following characteristics may apply for permission from the Registrar for carrying out the work:

(1) Having nationality revoked under the Notification of the National Executive Council No. 337, dated 13th  Day of December B.E. 2515 (1972) or under any other laws;



(2) Having been born in the Kingdom without acquiring Thai nationality under the Notification of the National Executive Council No. 337, dated 13th  Day of December B.E. 2515 (1972) or under the laws on nationality;

(3) Foreigner who has been granted the status as a non-Thai national people who legally enters into the Kingdom in accordance with the notification of the Ministry of Interior issued by virtue of the laws on immigration;

(4) Foreigner who is a stateless people in the registration system and has been granted an identification card in accordance with the regulations of the Office of the Central Registration issued by virtue of the laws on civil registration.

The foreigners under the first paragraph are not enforced by the notification under Section 7 and Section 11, but the Council of Ministers may prohibit such foreigner from carrying on some specific types of work or permit to carry on some specific types of work under prescribed conditions by having regard to national security, social and humanity impacts.

Application for the work permit and issuance of the work permit as prescribed under the first paragraph shall be complying with criteria, procedure and conditions as prescribed in the Ministerial Regulation and the work permit shall be valid for five years as from the date of issuance thereof and shall be renewable for a period of five years per each renewal. Besides, persons under (1) (3) and (4) shall be exempted from paying the fee of work permit or renewal of work permit. For persons under (2), this group shall whether or not be exempted from the fee payment and for any extent thereof, shall be incompliant with the Ministerial Regulation issued under Section 6.

Section 63/2. In the event that the Minister according to the laws on immigration has permitted any foreigner or any group thereof to temporarily stay in the Kingdom in accordance with the laws on immigration or granted exemption for any foreigner or any group thereof to not perform in accordance with the laws on immigration, the Council of Ministers may permit any foreigner or any group of foreigners who are not grouped under Section 63/1 to apply for obtaining the permission for working, provided that the Council of Ministers may prescribe the types of works that are permitted for the foreigners to perform, as for the benefits in economic and social development.

Application for the work permit as prescribed under the first paragraph shall be complying with criteria and procedure as prescribed in the Ministerial Regulation, and such Ministerial Regulation may prescribe the criteria for authorizing the Director-General to have the power to determine the conditions in the work permit. Furthermore, the work permit shall be valid for a period as requested by the applicant but shall not exceed two years as from the date of issuance thereof.”



Section 30. The provisions in the first paragraph of Section 64 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 64. The foreigners of the nationalities that have the country border adjacent to Thailand, if they have entered into the Kingdom by having the border pass or other similar cards as prescribed by the Director-General may be permitted by the registrar for working in the Kingdom temporarily during any period or seasons and in any specified locality.”

Section 31. The provisions in the fourth paragraph of Section 64 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed.

Section 32. The following provisions shall be added as the Section 64/1 and Section 64/2 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560:

“Section 64/1. Foreigner who apply for work permit must have the qualification and not having the prohibited characteristic as prescribed in the Ministerial Regulation and has never been punished under Section 101 except such foreigner has been released from such punishment for a period not less than two years prior to apply for the work permit or being the foreigner under Section 63 whom is permitted by the registrar for working as special case.

In the case of the issuance of the work permit requires the foreigner to have passed the health check-up, the foreigner or foreigner’s employer take such foreigner to have the health check-up at any clinic authorized to practice the healthcare business.

The provision under the first paragraph shall not be applied to the foreigner under Section 63/1.

Section 64/2. The person granted permit for working is liable to notify the registrar of his/her employer, workplace of the employer and the description of work, provided that notification must be made within fifteen days as from the date of starting the work and notification must be done for each time of change of the employer.”

Section 33. The provisions in the first paragraph of Section 65 and Section 66 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed.

Section 34. The provisions in the first paragraph of Section 67 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Under the enforcement of Section 63 and Section 63/1, the renewal of work permit shall be renewed for a period as requested by the applicant but not over two years per each renewal and as will be necessary.”

Section 35. The provisions in the first paragraph of Section 68 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 68. The bearer of the work permit must be able to display the work permit to the competent official or the registrar within any appropriate period of time.”

Section 36. The provisions under the first paragraph of Section 69 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Application for a replacement of the work permit and issuance of a replacement of work permit shall be complying with the criteria and procedure as prescribed by the Director-General.”

Section 37. The provisions under the first paragraph of Section 70, Section 71, Section 72 Section 73 and Section 74 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed.

Section 38. The provisions under (2) of Section 76 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“(2) The surcharge specified under the fifth paragraph of Section 11 and the second paragraph of Section 47 and administrative fine imposed under this Emergency Decree.”

Section 39. The provisions under Section 92 and Section 93 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 92. In the event of the Director-General denied granting the permit under Section 26, to renew the permit for bringing foreigners for working under Section 30 or have made the deduction of the security or the placement of additional security in accordance with this Emergency Decree, the applicant or the person granted permit for bringing foreigners for working has the right to file the petition to the Minister within thirty days as from the date receiving such order.

The decision of the Minister shall prevail over any conflicting provisions herein contained.

Section 93. In the case that the Director-General has made the deduction of the security or the placement of additional security in accordance with this Emergency Decree, the employer shall have the right to file the petition to the Minister within thirty days as from the date receiving such order.

The decision of the Minister shall prevail over any conflicting provisions herein contained.”

Section 40. The provisions under Section 95 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 95. In the event that the registrar denied granting the permit under Section 59, Section 60, Section 63, Section 63/1, Section 63/2 or Section 64 or denied renewing the work permit under Section 67 or revoking the work permit under Section 90, the foreigner requesting a permit for working, representative requesting a permit for working on behalf of the foreigner or person granted permit for working, as the case may be, shall have the right to file the petition to the Minister within thirty days as from the date receiving such order.

The decision of the Minister shall prevail over any conflicting provisions herein contained.”

Section 41. The provisions under (3) of Section 98 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“(3) Enter into the place of business where accepts the foreigner for working, during office hours, in order to examine the performances to be in compliance with this Emergency Decree.”

Section 42. The following provisions shall be added as the fourth paragraph of Section 98 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560:

“The exercising authority under (1), (2) or (3) shall not be performed in a manner that causes the foreigner to stop working beyond reasonable ground or the employer’s business operation to be interrupted or has to perform works in night time unnecessarily.”

Section 43. The provisions under Section 100 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“In the case of the competent official finds any foreigner working without having obtained the work permit or perform any work other than permitted works which violates the provisions of this Emergency Decree and the competent official has ordered the foreigner to present himself/herself at the police station together with the competent official but such foreigner fails to comply with the order or attempt to flee from such order, the competent official is authorized to arrest such foreigner without any warrant of arrest and bring the arrested foreigner to the inquiry official’s office immediately.”

Section 44. The following provision shall be added as Section 100/1 of Chapter VIII Penalties of the Emergency Decree on Management of Foreigners’ Working B.E. 2560:

“Section 100/1. The Director-General, registrar or any competent official who does not accept the notification within the prescribed period under the second paragraph of Section 5/1 without reasonable ground shall be subject to a fine not over 5,000 Baht.”

Section 45.  The provisions under Section 101, Section 102 and Section 103 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 101. Any foreigner who violates Section 8 shall be subject to a fine of 5,000 Baht and up to 50,000 Baht. After the fine paid, such foreigner must be deported from the Kingdom with no delay, except for the foreigners under Section 63 or Section 63/1.

The provisions under the first paragraph shall not apply to the foreigner who is the injured person or the witness of the criminal case of an offence of human trafficking under the law on anti-human trafficking.

In the event that the foreigner who is accused for committing and offense under the first paragraph agrees to leave the Kingdom, inquiry official shall order such foreigner to pay the fine in accordance with the rules, procedures and conditions which are prescribed by the Joint Committee and notify to the Department of Employment. When the said foreigner has already been departed from the Kingdom, the aforesaid criminal case shall be deemed as it has been quashed and ended in accordance with the Criminal Procedure Code.

The Joint Committee under the third paragraph comprises of the representative of the Office of the Attorney-General shall be the chairman, representative of the Royal Thai Police shall be the committee and the representative of the Department of Employment shall be the committee and secretary.

The rules, procedures and conditions on imposing the fine as prescribed by the Joint Committee under the third paragraph shall consider regarding the severity of the offense, redundant committing the offense and prevention of the offender’s redundant committing the offense and shall publish in the Government Gazette.

Section 102. Any person who employs the foreigner for working in the manner that contradict to Section 9 shall be liable to a fine of 10,000 Baht and up to 100,000 Baht per each employed foreigner.

If the offender under the first paragraph commits the offense again, the offender shall be liable for imprisonment of a period not over one year or a fine from 50,000 Baht and up to 200,000 Baht per each employed foreigner or both a fine and a term of imprisonment, and such offender shall be prohibited from employing the foreigners for a period of 3 years as from the date that court has issued a final judgment.

The persons who live in the same family with the person who employs the foreigner for working under the first paragraph shall not be deemed as the principal, instigator or supporter.

Section 103. Any person fails to comply with the Section 13 shall be liable for a fine not over 20,000 Baht.”

Section 46. The provisions under Section 106 and Section 107 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 106. Any competent official who fails to perform duties in accordance with the second paragraph of Section 30 shall be liable for a term of imprisonment not over one month or a fine not over 10,000 Baht or both a fine and a term of imprisonment.

Section 107. Person granted permit for bringing foreigners for working who fails to comply with the first paragraph of Section 31, Section 32, Section 33, Section 34, the first paragraph of Section 35, the second paragraph of Section 41, Section 43 or Section 44 shall be liable for a fine not over 20,000 Baht.”

Section 47. The provisions under Section 108 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed.

Section 48. The provisions under Section 109 and Section 110 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 109. The manager authorized to act on behalf of the juristic person or employee under Section 35 who fails to comply with the second paragraph of Section 35 shall be liable for a fine not over 5,000 Baht.

Section 110. Any person who is not an employee responsible for bringing foreigner for working in accordance with Section 35, but has performed duties of bringing foreigner for working in the country shall be liable for a term of imprisonment not over three years or a fine not over 600,000 Baht or both a fine and a term of imprisonment.”

Section 49. The following provisions shall be added as Section 110/1 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560.


“Section 110/1. Any person granted permit for bringing foreigners for working who take the foreigners to be the employees of the employer who is operating the business of human resource outsourcing or workforce outsourcing or who is bringing foreigners for working while he/she is operating the business of human resource outsourcing or workforce outsourcing shall be liable for a term of imprisonment not over one year or a fine not over 200,000 Baht or both a fine and a term of imprisonment.

Any person granted permit for bringing foreigners for working with any employer without notifying the registrar according to the third paragraph of Section 41 shall be liable for a term of imprisonment not over six months or a fine not over 100,000 Baht or both a fine and a term of imprisonment.”

Section 50. The provisions under Section 111 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 111. Any person granted permit for bringing foreigners for working or employee who is responsible for performing duties with regard to bring foreigners for working who violates Section 42 shall be liable for a term of imprisonment not over one year and a fine equivalent to two times of money or value of other assets which is collected or received from the employer or foreigner or service fee or expenses which are charged exceeding the rates prescribed by the Director-General’s notification, and the court shall order such person granted permit for bringing foreigners for working or employee who is responsible for performing duties with regard to bring foreigners for working who commit the offense to reimburse the money or assets which are wrongfully collected to the employer or the foreigners as the case may be.

In the case that the person granted permit for bringing foreigners for working fails to reimburse the money or assets in accordance with the court’s order within thirty days upon the request of the said employer or foreigner, the Director-General may make the deduction from the security of the person granted permit for bringing foreigners for working as to comply with the court’s order.”

Section 51. The provisions under Section 113 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 113. Any employer who brings a foreigner for working with him in the country while he/she is operating the business of human resource outsourcing or workforce outsourcing shall be liable for a fine not over 200,000 Baht.

Any employer under the first paragraph of Section 46 who brings a foreigner for working with him in the country without notifying in accordance with the first and second paragraph of Section 46 shall be liable for a fine not over 100,000 Baht.

Any employer who fails to display the employment contract upon the request for examination by competent official in accordance with the third paragraph of Section 46 shall be liable for a fine not over 5,000 Baht.”

Section 52. The following provision shall be added as Section 113/1 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560.

“Section 113/1. Any employer who fails to notify the registrar or person granted permit for bringing foreigner for working, when the foreigner resigns from work in accordance with the third paragraph of Section 46 or when having the grounds under the first paragraph of Section 50, as the case may be, shall be liable for a fine not over 5,000 Baht.”

Section 53. The provisions under Section 114 and Section 115 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 114. Any employer who violates Section 49 shall be liable for a term of imprisonment not over six months and a fine equivalent to two times of money or value of other assets which is collected or received from the foreigner or deduction exceeding the prescribed rates and the court shall order such employer to reimburse the money or assets which are wrongfully collected to the foreigners.

In the case that the employer fails to reimburse the money or assets in accordance with the court’s order within thirty days upon the request of such foreigner, the Director-General may make the deduction from the security of the said employer as to comply with the court’s order.

Section 115. Any person granted permit for bringing foreigners for working who fails to comply with the fourth paragraph of Section 50 shall be liable for a fine not over 20,000 Baht.”

Section 54. The following provision shall be added as Section 115/1 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560.

“Section 115/1. Any person granted permit for bringing foreigners for working who ignores to send the foreigner back to their country of origin in accordance with the fifth paragraph of Section 50 or Section 55 shall be liable for a fine not over 100,000 Baht per each foreigner.”

Section 55. The provisions under Section 116 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 116. Any employer who ignores to send the foreigner back to their country of origin in accordance with Section 55 shall be liable for a fine not over 100,000 Baht per each foreigner.”

Section 56. The provisions under Section 117 and Section 118 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed.

Section 57. The provisions under Section 119 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 119. Any foreigner who performs works without notifying the registrar in accordance with Section 61 shall be liable for a fine not over 50,000 Baht.”

Section 58. The following provision shall be added as Section 119/1 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560.

“Section 119/1. Any person granted permit for working who fails to comply with Section 64/2 shall be liable for a fine not over 20,000 Baht.”

Section 59. The provisions under Section 120 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 120. Any person granted permit for working who fails to comply with Section 68 shall be liable for a fine not over 5,000 Baht.”

Section 60. Section 121, Section 122, Section 123 and Section 124 of the Emergency Decree on Management of Foreigner’s Working B.E. 2560 shall be repealed.

Section 61. The following provision shall be added as Section 127/1 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560:

“Section 127/1. The registrar or competent official who fails to comply with the fourth paragraph of Section 94 shall be liable for a fine not over 10,000 Baht.”

Section 62. The provisions under Section 131 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 131. Any person who seizes the work permit or ID card of any foreigner shall be liable for a term of imprisonment not over six months or a fine from 10,000 Baht and up to 100,000 Baht or both.

In the case that the foreigner permits any person to keep the work permit or document specified under the first paragraph, such person must allow and facilitate the foreigner to access to the said documents at anytime upon request of the foreigner, otherwise, such person shall be liable for the punishment in the same manner with the offense committed under the first paragraph.”

Section 63. The provisions under Section 133 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed and replaced by the following statements:

“Section 133. All offences under this Emergency Decree which are punishable only with a fine, except the offense under Section 101, may be settled by the Director-General or Provincial Governor as follows:

  1. (1) Offences occurring in Bangkok shall be settled by the Director-General;

  2. (2) Offences occurring in a particular Province shall be settled by the Provincial Governor.”
Section 64. The following provision shall be added as (1/1) of the Rates of Fees at the end of the Emergency Decree on Management of Foreigners’ Working B.E. 2560:

“(1/1) Annual fee under Section 30 10,000 Baht/each time”

Section 65. (4), (5), (6) and (7) of the Rates of Fees at the end of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed.

Section 66. (11) of the Rates of Fees at the end of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 shall be repealed.

Section 67. Any person who have employed any foreigner prior the date of enforcement of this Emergency Decree and such foreigner have duly obtained a work permit, shall notify the information in accordance with Section 13 of the Emergency Decree on Management of Foreigners’ Working B.E. 2560 which has been amended by this Emergency Decree to the registrar within sixty days as from the date of enforcement of this Emergency Decree, provided that the Director-General shall determine the notifying method that may be notified through the electronic system or other means in order to facilitate the employer.

The provision under the first paragraph shall not be applied to the foreigner’s categories as prescribed by the Director-General.

The foreigners whose names are submitted by the employer requesting for the permit for employing such foreigners for working and have obtained the certificate of travel must take the nationality verification in the Kingdom or have obtained the certificate of travel to abroad country in accordance with the notification of Ministry of Labour on the rules, procedures and regulations for work permit application and permit granting in compliance with the Emergency Decree on Management of Foreigners’ Works B.E. 2560 before the date that this Emergency Decree become into force, shall be eligible to stay in the Kingdom and continue working with the current employer until the registrar will have an order denying to issue the work permit to such foreigner.

If necessary, the Minister may determine the period of time for the registrar and competent officials to complete the nationality verification or any other necessary proceedings in granting the permit for the foreigner’s working. If the registrar or competent official fails to complete the aforesaid proceedings within the determined period of time, the Minister shall immediately impose the disciplinary actions on the registrar and the competent officials.

Section 68. All notifications of the Minister under Section 7 and prescription by the Council of Ministers under Section 63 or Section 63/1 of the Emergency Decree on Management of Foreigners’ Works B.E. 2560 that were amended by this Emergency Decree which has been issued after the date that this Emergency Decree has come into force shall not be affected on the foreigners who have already been granted permit for performing any specific work on the date before this Emergency Decree has come into effect and such foreigner shall be eligible to work until the work permit will be expired. If any foreigner wishes to apply for the permit to continue working, such foreigner must act complying with the Emergency Decree on Management of Foreigners’ Works B.E. 2560 that were amended by this Emergency Decree.

Section 69. All foreigners under Section 63/1 of the Emergency Decree on Management of Foreigners’ Works B.E. 2560, that were amended by this Emergency Decree who has not been granted permit for working, shall be eligible to work until there will be the Ministerial Regulation under the third paragraph of Section 63/1 of the Emergency Decree on Management of Foreigners’ Works B.E. 2560 that were amended by this Emergency Decree and after the said Ministerial Regulation has become in effect, the foreigner shall submit the application for obtaining the permit for working within sixty days as from the effective date of such Ministerial Regulation and when the application has been submitted, the foreigner shall be eligible to work until the registrar will have denied issuing the work permit.

A period of sixty days under the first paragraph may be extended as will be considered appropriate by the announcement of the Minister.

Section 70. First, fifth and sixth paragraphs of Section 30 of the Emergency Decree on Management of Foreigners’ Works B.E. 2560 that were amended by this Emergency Decree shall not be applied to the person who has been granted permit for bringing foreigners for working in accordance with the Emergency Decree on Management of Foreigners’ Works B.E. 2560 before the effective date of this Emergency Decree and such person granted permit for bringing foreigners for working shall be eligible to continue carrying on the business of bringing the foreigners for working until the permit for bringing foreigners for working will be expired.

Section 71. Section 101, Section 102 and Section 119 of the Emergency Decree on Management of Foreigners’ Works B.E. 2560 that were amended by this Emergency Decree shall not be applied until the date will be the 1st day of July B.E. 2561.

Section 72. The Minister of the Ministry of Labour shall be in charge in compliance with this Emergency Decree.

Countersigned by:
General Prayut Chan-o-cha
Prime Minister

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