Question from a client:
What is the penalty for starting a fire that ends in the death of a person and is there a penalty for starting a fire that could potentially kill people?
Is there a good samaritan law? That is, if someone stops to help, either a member of the public or police or fire official, can they be sued or prosecuted by the person they try to help if things do not go well?
Sunbelt Asia Legal Advisors responds:
Under Thai law it is required to obtain permission from the District Office before setting a fire, even on private property. There are various penalties, but for criminal negligence from a fire that results in bodily harm it can include a fine, or prison or both. Criminal negligence from a fire that results in death will result in life in prison or the death penalty.
The relevant sections according to the Criminal Code, Section 216, Whoever, cause fire to any material even belonging to himself in a manner likely to cause injury to the other person or a thing belonging to the other person, shall be punished with imprisonment not exceeding seven years and fined not exceeding fourteen thousand Baht.
Section 217 refers to arson, or fires on other people's property
Section 224: If the commission of the offence as mentioned in the Section 217, Section 218, Section 221 or Section 222 causes death to the other person, the offender shall be punished with death or imprisonment for life.
If it causes grievous bodily harm to the other person, the offender shall be punished with death, imprisonment for life or imprisonment of ten to twenty years.
(Sections 217 refers to arson on property belonging to someone else, 218 is the penalties for arson on a house, building and other structures.
Section 221 refers to explosions caused by a person and 221 the penalties for injury due to the explosion)
Section 225: Whoever, causing fire by negligence and causing the property belonging to the other person to be damaged, or likely to cause damage to the life of the other person, shall be imprisoned not more of seven years or fined not more of fourteen thousand Baht, or both.
Thailand does have what is usually called a "good Samaritan" law. Under the Criminal Code, Section 5, it says that if you have training in first aid that enables you to save lives then you are by law required to help. However, if you have no training you are not legally required to help but may if you want. Normally the Samaritan is not responsible for the outcome if he or she tries to help.
This Friday, October 13 is the one year anniversary of the passing of His Majesty King Rama IX and is a public holiday this year. Sunbelt Asia offices will be closed. We at Sunbelt Asia join Thailand in mourning the passing of the beloved King.
Foreign employees of Board of Investment promoted companies can now use a smartphone application to complete their work permit process. They must first visit the BOI's work permit office at Chamchuri Square in Bangkok to obtain a user name and password. Once that is obtained the work permit application can then be submitted through the application. After the work permit is approved then a second trip to the office will be needed for a photo and digital signature, the office said that would only take a few minutes. Available in both Android and IOS phones, foreign employees can also update their information via the app. The office hopes to make it available to migrant workers next year. More work permit offices will be set up in BOI offices in Chiang Mai, Phuket and other cities where the BOI has branches.
Thailand has been removed from the list of red-flagged countries on the International Civil Aviation Organization (ICAO) website. The director of the Civil Aviation Authority of Thailand (CAAT) said he was aware of the change but had not yet confirmed it with the agency. The country was red-flagged in August 2015 and the change will allow airlines to add new destinations and foreign airlines to make more stops in the country. ICAO conducted the audit last month and the CAAT office reported they had corrected the flaws raised by the ICAO including amending related laws and regulations and granting Recertification of Air Operator Certificates (Re-AOC) to airlines. Nine out of 21 airlines have already been granted the re-certification and the remaining 12 will be finished by January 31, 2018.
The Permanent Secretary of Tourism and Sports said that the country is expecting over 600,000 tourists from China for the month of October and 260,000 are expected from October 1 -8 as Chinese tourists travel abroad during their "Golden Week" holiday. Chinese remain the top foreign arrival in the country and the numbers are expected to be up 20 percent from last year. They are expected to generate 11 billion baht for the week and 30 billion baht for the month of October. Tourism now accounts for 20 percent of the GDP, up from 10 percent 15 years ago and produces 2.5 trillion baht in revenues. The government hopes to reach 3 trillion baht in revenues by 2018. The TAT is promoting community based tourism as tourists want to experience local culture and traditions. The Tourism Council of Thailand has signed an agreement with the Thailand Professional Qualification Institute (TPQI) to produce more skilled workers as the TCT director pointed out that service standards can suffer in small to medium enterprises as they lack trained staff.
Starting October 1 we have two types of serviced offices available at a special promotional offer
Office with space for two staff at 9,500 baht a month
Office with space for three staff at 11,000 baht a month
Happy anniversary from all of us at Sunbelt Asia!!
A "Thank you" gift for our clients new and old!
Sunbelt Asia has been offering our excellent service to our clients for 15 years! As our 15th anniversary gift we would like to offer our professional services on retirement and marriage visa extensions at the very special reduced rate of 7,500 baht as a thank you to our clients new and old for their support over the years.
Sunbelt Asia Legal Advisors can handle all your legal and business needs; from visas to work permits, prenuptial agreements to divorces, condo purchases and wills.
Be sure and contact our English speaking legal advisors for all your legal needs
We at Sunbelt Asia see many of our clients regularly ask us legal questions regarding living and running a business in Thailand. To help out we have set up a FREE Expert Answers for Your Questions in Thailand Facebook page; Sunbelt Asia Facebook Expert Advice Page
Well-known event organizer website
A well-known website and brand is up for sale offering the aspiring event organizer a great entry into the networking business. The sale includes the website, as well as all social media sites, meetups, and a full mailing list and database of attendees, potential events and more. The brand is quite well known in Bangkok and around Thailand for event organization.
Also included in the sale are several event brands and logos along with partnerships with events in Singapore and around Thailand.
The owners are also providing three months of assistance for the buyer in event organizing, strategy, marketing promotion for the first three months of business.
ASKING PRICE: 5 million baht / US$ 150,000
This long-running furniture company has been in the business of importing and supplying modern classic furniture and lighting. In addition to a large showroom for retail sales to the public, the business also supplies furniture and lighting to many of the five star hotels, restaurants and property developments. The company is a mature, well-known brand in Thailand and has earned a top reputation in its ten years of business.
The showroom/warehouse/office is in a good location on upper Sukhumvit, the 1200sqm space has a 140,000 baht month a rent and a 6 year lease. There are ten full-time staff with monthly wages of 250,000 baht. There is a large database of active customers and the company is a regular exhibitor at many of the furniture fairs in Thailand.
Sales have reached an average of 25 million baht a year for the past 3 years, with yearly earnings of 5.8 million for the same period. Inventory valued at 4 million baht is included in the sale.
The owner is moving back home and so wishes to sell the business
Biotechnology import company seeks partners to fuel company expansion
A well-established Thai Amity company is seeking a Thai company as partners to assist in company expansion in their unique biotechnology products business.
The company currently imports two unique products, a biotechnology cleaning product from Canada and a water conditioning product line from South Africa. The potential partner should be an established Thailand company engaged in a business that strategically aligns with the products that the company distributes. They are looking for a company that sees the growth potential in adding these product lines to their existing customer base.
The company currently has import licenses for 21 products and four additional licenses are already in the process of approval. The company also has distributorship rights for the biotechnology cleaning products and water conditioning products. They have a large customer base in the hospitality, food processing and swimming pool markets. They have five authorized sub-dealers and two independent agents in Thailand.
Additionally, there is an office and warehouse in the Thonglor area of Bangkok, and the company product stock valued at 350,000 baht. There are currently four staff, including three sales staff.
The current owners are seeking up to 70% ownership of the company is available. If the new partner is interested in a majority stake the company, the current owner would be available to remain for training, new business development and maintenance of distribution relationships.
ASKING PRICE: 4,375,000 baht for 70% shares
Fully licensed food manufacturing business in Chiang Mai
A well-established specialty food manufacturer with established contracts with supermarkets, hotels and online food markets is available in Chiang Mai in Northern Thailand. The business was established in 2015 and has seen great growth with contracts with major supermarket retailers, several high end resorts and seventy retailers, both online and in store, and the owners are in talks with distributors for export to Hong Kong and Singapore making this an ideal business for someone interested in seeing this business expand even further.
The business manufactures top quality fruit preserves and chutneys, sources from local farmers and is registered with the International Federation of Organic Agriculture Movements organization. Production capacity could be easily increased with the purchase or rental of some specialty equipment and given that they currently offer nine products that are registered with the FDA Thailand and all products have nutritional information in line with USDA regulations for export as well as bar codes this business could see international growth as the desire for high end food products continues to climb.
There is a website, well maintained Facebook and Instagram accounts and email. There are one full time and two part time employees with a total monthly payroll of 30,000 baht. Rent on the factory building is a reasonable 8,000 baht a month. Sales last year reached 767,000 baht with a profit of around 100,000 baht but this could easily grow with an aggressive marketing campaign and reaching out to more sales outlets. All financial records are available to the serious buyer.
BOI promoted factory and export business in Samut Sakhon
This Board of Investment promoted business is located in Samut Sakhon province just outside Bangkok and manufactures dried fruits for export to China. Fully licensed and approved by the FDA, as well as a Halal certification, this business has only just now started taking off. BoI promotion means tax cuts and other incentives to help the business thrive. Take advantage of this great opportunity for a business that is ready to go and just requires a motivated owner to take the reins.
The factory is in a two storey building with offices and factory located on 1.28 rai of land. The factory and equipment is all new and in top condition There are ten full time employees with a monthly payroll of 150,000 baht. The business has only just started running and the owner is forced to return to his home country so the new owner is stepping into a brand new and ready to go business.
Sunrise Tacos franchise in top Pattaya Terminal 21 location
Interested in running a Sunrise Tacos franchise in the newest mall in Pattaya? Then this is just the place for one lucky restaurateur - a great location in the beautiful Terminal 21 mall in Pattaya scheduled to open next year. Centrally located right in the middle of the third floor food court, this is a prime location in this new mall available only to Sunrise Tacos.
The opening of Terminal 21 Pattaya is highly anticipated and there is a huge waiting line for space in the food court. Sunrise Tacos has obtained a top location in the food court. Terminal 21 has been a huge success with its unique concept in Bangkok and Khon Kaen and the buzz about the new mall in Pattaya is predicting another huge success for this uniquely branded mall. The owner of Sunrise Tacos is very excited about this new location, he loves the Terminal 21concept and the Sunrise Tacos in Terminal 21 has proven to be very successful. This is a great location for great Mexican food.
This space includes enough area for seating, making it a proper restaurant for guests. Lease on the 77 sqm area is 2500 baht a square meter not including the Common Area Fees which are 360 baht per sqm. There is a 3 + 3 year lease available. Costs of the build out are not included - and will run around 6 million baht - but this prime space is only available for a new Sunrise Tacos franchise.
TOTAL RENT 192,000 baht a month plus Common Area Fees plus franchise costs
High end Pattaya furniture factory and design business
Located in Pattaya, this high end furniture factory offers not just top quality fine furniture but also full service interior design for residential and commercial projects. The company has earned a reputation for attention to detail, unique and interesting design solutions and high quality products. Offering a wide variety furniture, including stand alone and built-ins, the company has a full - service interior design solution for its customers.
The business has a 600 sqm showroom in a busy Pattaya area and a 2500 sqm factory on the outskirts. The company owns the land and showroom in town. There are 45 employees and the monthly payroll of 1 million baht includes the owner's salary. The business is open 6 days a week.
Sales last year reached 50.8 million baht and net profit over 2.6 million baht. The owners have spent a great deal reinvesting in the business including property to continue its growth.
The sale price includes the company with showroom, factory and land
Exclusive luxury resort with direct beach access on Samui
Looking to live in paradise? Now is your chance! This exclusive luxury resort has direct access to the beach on the peaceful and idyllic west coast of Koh Samui. Samui has developed a reputation for top luxury resorts that attract people from around the world.
Established in 2008, the resort has two villas and four apartments, a pool and a large private home, guest villa and gym. The total land area is 3200 sqm fronting the beach with a full chanote title for the new owner.
The villas are large, at 118 sqm each, while the four apartments are 32 sqm each. The private mansion is an enormous 760 sqm while the guest villa is 75 sqm. There is a fully fitted 75 sqm gym as well.
Sales last year reached 3.8 million baht and there are four full time employees. The valuation of this project has been set at 195 million baht but the owners are keen to move off island for their children's education so are selling it at a must buy price of 150 million baht.
Interested in joining the most successful and popular Mexican restaurant franchise in Thailand? Sunrise Tacos is seeking qualified franchisees to join us in our commitment to quality and healthy, delicious food. Are you experienced in hospitality or business management but want to strike out on your own? Sunrise Tacos is seeking franchisees fully committed to the Sunrise Tacos way; with a hands on approach to running the business and experience in hospitality or business management. The leadership at Sunrise Tacos prides itself on maintaining a close and personal relationship with each of our franchisees and looks at franchising as a long-term business partnership. We are committed to our franchise partners and helping them grow.
With the opening of the ASEAN Economic Community at the end of this year we at Sunrise Tacos see the potential for growth in the region. If you want to be a part of that potential let us know! We already have a branch in Phnom Penh and have added more around Thailand, including our new franchise in Chiang Mai, and are seeking committed, enthusiastic business minded people to join us. Contact [email protected] for more information.