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9
JFCCT –
BOI
Consultative
List 3 reviews have not been effective for their stated purpose,
but there is more complexity. We focus on first row.
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3
10
JFCCT –
BOI
Consultative
Source: Dr Charl Charl Kengchon, Executive Chairman, Kasikorn Research Center, BOI webinar 5 August 2020
GDP not likely to be at pre COVID 19 levels for 2-3 years
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In that period, in say three stages, permanently remove certain parts of List
3, proposed:
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11
JFCCT –
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12
JFCCT –
FBA
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Suspension period of
List 3
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:
Suspension ends
Important
permanent
removals from List
3. Thus a reduced
List 3
Investor protection
(grandfather
status) for
investments made
during suspension
period in areas not
covered by
permanent
removals.
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15
JFCCT –
BOI
Consultative
•
Korean numbers are projections. Source: Byung Ki Ha(1999), The Economic
Effects of Korea’s Regulatory Reform (in Korean), KIET.
•
Croatian numbers are based on Standard Cost Model application of actual
reforms
.
Source: TDRI, JCA
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JFCCT –
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Consultative
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Over five years due to remeasurement & improvements, Thailand moved
from 20s to 40s . 21
st
out of 190 countries for 2020 ranking by improving on
some key activity. Work Permit/Visa and gov’t contracts not included in the
10.
2019
S
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1,085 licenses analysed and full recommendations made (revise/remove/de-
duplicate). Estimated saving to business THB 64bn if all implemented.
2018 -
2019
2
0
2
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17
JFCCT –
BOI
Consultative
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:
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18
JFCCT –
BOI
Consultative
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19
JFCCT –
BOI
Consultative
A
c
h
i
e
v
e
m
e
n
t
;
C
h
a
l
l
e
n
g
e
s
Great kudos
for establishing th
e Fast Track soft Infrastructure !
BUT:
R
e
s
o
u
r
c
i
n
g
:
M
u
c
h
f
a
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d
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D
C
P
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s
s
:
1. CUT/CHANGE/CONTINUE/COMBINE/CREATE;
before
2. Digitalisation (process re-engineering) and whole-of-government system
R
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v
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s
–
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20
JFCCT –
BOI
Consultative
R
a
n
k
i
n
g
s
Rankings can be a
good guide.
World Banks’ EoDB – 10 specific criteria, do not include hiring foreign
workers (work permit/visa) or contracting with government. Thailand ranks
well on protecting minority investors and Getting Electricity; not so well on
Paying Taxes and Starting a Business
EoDB may not be the most appropriate measure for operating a business
O
E
C
D
–
I
P
R
(
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d
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x
21
JFCCT –
BOI
Consultative
22
JFCCT –
BOI
Consultative
O
t
h
e
r
R
a
n
k
i
n
g
s
These rankings have helpful sub-indices and elements
G
u
i
l
l
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–
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p
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i
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t
s
23
JFCCT –
BOI
Consultative
W
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r
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(‘urgent & necessary work’), then 15 nights quarantine
C
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‘
B
’
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m
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b
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s
u
p
p
o
r
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d
Adult can change visa type only if 50 years old where children are changing for
educational reasons.
Sub Committee in process of prioritising amongst many issues. Line agencies may
do some smaller topics directly.
I
m
m
i
g
r
a
t
i
o
n
A
p
p
Intention is post COVID 19 – an end-to-end; record of immigration and possible with
many features including VAT refund and visa status.
JFCCT did a detailed recommendation in Nov 2019 – similar but enhanced.
-
V
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s
a
/
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a
m
b
e
r
s
o
f
C
o
m
m
e
r
c
e
i
n
T
h
a
i
l
a
n
d
24
B
a
c
k
g
r
o
u
n
d
W
o
r
k
P
e
r
m
i
t
a
n
d
V
i
s
a
i
n
T
h
a
i
l
a
n
d
Some aspects of Thailand’s Work Permit and Visa system go
back,
much
unchanged, some 45 years (to 1972).
Work Permits and Visas
:
single most referred-to challenges in
doing business and disincentive to foreign investment.
N
ot just about convenience or ‘ease of doing business’
but:
-
impede Thailand’s reputation as an attractive place to invest
-
out of synch with
other aspirations for re-skilling the economy
-
Some electronic WP but manual processes
-
COVID 19 situation mandates avoiding people contact
JFCCT – Work Permit and Visa
25
R
a
t
i
o
n
a
l
i
s
a
t
i
o
n
\
H
a
r
m
o
n
i
s
a
t
i
o
n
,
D
e
-
D
u
p
l
i
c
a
t
i
o
n
J
o
i
n
t
F
o
r
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g
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h
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s
o
f
C
o
m
m
e
r
c
e
i
n
T
h
a
i
l
a
n
d
26
W
o
r
k
P
e
r
m
i
t
&
V
i
s
a
-
R
a
t
i
o
n
a
l
i
s
a
t
i
o
n
&
D
e
-
d
u
p
l
i
c
a
t
i
o
n
.
JFCCT – Work Permit and Visa
C
h
a
r
t
d
e
v
e
l
o
p
e
d
2
0
1
8
;
u
p
d
a
t
e
d
2
0
1
9
;
3
D
e
c
e
m
b
e
r
2
0
2
0
.
R
a
t
i
o
n
a
l
i
s
a
t
i
o
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i
s
a
b
o
u
t
:
a)
O
n
e
v
i
s
i
t
o
n
l
y
b)
A
t
r
u
e
‘
o
n
e
s
t
o
p
’
e
x
p
e
r
i
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n
c
e
i
n
a
l
l
r
e
s
p
e
c
t
s
c)
B
r
o
a
d
e
n
t
h
e
r
a
n
g
e
o
f
u
s
e
r
g
r
o
u
p
s
f
o
r
O
S
O
S
–
e
x
t
e
n
d
t
o
S
M
E
s
a
t
l
e
a
s
t
f
o
r
s
k
i
l
l
e
d
l
a
b
o
u
r
;
D
e
-
d
u
p
l
i
c
a
t
i
o
n
i
s
a
b
o
u
t
e
l
i
m
i
n
a
t
i
n
g
d
u
p
l
i
c
a
t
e
p
r
o
c
e
d
u
r
e
s
,
f
o
r
m
s
e
t
c
.
S
e
e
a
s
e
p
a
r
a
t
e
f
i
l
e
o
f
t
h
e
s
e
f
o
u
r
p
a
g
e
s
.
27
W
o
r
k
P
e
r
m
i
t
&
V
i
s
a
–
H
a
r
m
o
n
i
s
a
t
i
o
n
-
s
u
b
s
t
a
n
c
e
JFCCT –
BOI consultative
28
W
o
r
k
P
e
r
m
i
t
a
n
d
V
i
s
a
F
i
l
i
n
g
R
e
q
u
i
r
e
m
e
n
t
s
JFCCT – Work Permit and Visa
29
Source: submission
24 Sep 2018 to Guillotine Unit;; updated 3 December 2020
W
o
r
k
P
e
r
m
i
t
a
n
d
V
i
s
a
F
i
l
i
n
g
R
e
q
u
i
r
e
m
e
n
t
s
–
‘
C
U
T
’
JFCCT – Work Permit and Visa
30
W
o
r
k
P
e
r
m
i
t
a
n
d
V
i
s
a
F
i
l
i
n
g
R
e
q
u
i
r
e
m
e
n
t
s
-
C
O
M
B
I
N
E
JFCCT – Work Permit and Visa
31
W
o
r
k
P
e
r
m
i
t
a
n
d
V
i
s
a
F
i
l
i
n
g
R
e
q
u
i
r
e
m
e
n
t
s
–
E
A
S
Y
O
N
L
I
N
E
JFCCT – Work Permit and Visa
32
EASY
ON LINE means
b
efore full process re-engineering, file by uploading files – editable PDF, photos etc.
See separate
file
of these four pages – four charts
W
o
r
k
P
e
r
m
i
t
s
1
JFCCT – Work Permit and Visa
33
Announcement of the Dept of Employment, Ministry of Labour, with
Omnibus rule changes 30 September, gazetted 20 October, with effect
from 1 Nov; 1 Dec 2020
; Feb 2021.
•
Change from WP 10 (previously WP 11) now WP 34 for urgent and
necessary work.
•
Merging into WP 25 of WP 1 (general WP application) and WP 5
(renewal)
•
WP 3 which is like an in-principle approval.
•
Other changes including some electronic forms of submission.
Reference law: June 2017 Decree No. 1 as amended by Labour Decree
No. 2 of March 2018. We call this the ‘Labour Decree’. This replaced
the Foreign Employment Act.
W
o
r
k
P
e
r
m
i
t
s
2
JFCCT – Work Permit and Visa
34
..
We look at three situations:
W
P
h
o
l
d
e
r
o
v
e
r
s
e
a
s
–
a
n
e
w
a
r
r
a
n
g
e
m
e
n
t
a
l
l
o
w
s
f
o
r
e
m
p
l
o
y
e
r
t
o
r
e
n
e
w
w
h
i
l
e
t
h
e
e
m
p
l
o
y
e
e
i
s
o
v
e
r
s
e
a
s
.
H
o
w
e
v
e
r
t
h
i
s
n
e
e
d
s
r
a
t
i
o
n
a
l
i
s
a
t
i
o
n
t
o
m
a
k
e
i
t
w
o
r
k
One solution is extending the WP. Analogy is visa extensions; also Resident
category – who can renew once they have returned, but being away does not
mean that the status is cancelled.
W
P
s
h
o
u
l
d
b
e
i
s
s
u
a
b
l
e
a
n
d
u
s
a
b
l
e
w
h
i
l
e
e
m
p
l
o
y
e
e
i
s
o
v
e
r
s
e
a
s
.
E
m
p
l
o
y
e
e
i
n
m
a
n
y
c
a
s
e
s
c
a
n
b
e
d
o
i
n
g
w
o
r
k
o
n
l
i
n
e
t
o
s
u
p
p
o
r
t
t
h
e
c
o
m
p
a
n
y
’
s
c
o
n
t
i
n
u
i
t
y
.
A
r
e
t
h
e
r
e
r
e
a
l
i
m
p
e
d
i
m
e
n
t
s
t
o
t
h
i
s
?
N
o
r
j
u
s
t
t
h
e
W
P
3
p
r
o
c
e
s
s
.
S
e
e
W
P
3
2
(
s
.
6
0
)
C
h
a
n
g
e
o
f
j
o
b
S
e
c
t
i
o
n
s
5
1
–
5
3
o
f
t
h
e
L
a
b
o
u
r
D
e
c
r
e
e
a
l
l
o
w
f
o
r
c
h
a
n
g
e
o
f
j
o
b
.
B
u
t
d
i
f
f
i
c
u
l
t
i
n
p
r
a
c
t
i
c
e
.
C
a
s
e
s
a
r
e
c
h
a
n
g
e
f
r
o
m
N
o
n
B
t
o
N
o
n
B
,
f
r
o
m
N
o
n
O
t
o
N
o
n
B
,
f
o
r
e
x
a
m
p
l
e
.
Does Non O to Non B require spouse to be Thai?, If so, we suggest that that
requirement be removed so that the change is not restricted by nationality.
Starting new job within 30 days; we suggest longer.
W
P
3
2
r
e
q
u
i
r
e
m
e
n
t
s
e
x
t
r
a
c
t
s
.
6
0
JFCCT – Work Permit and Visa
35
..
W
o
r
k
P
e
r
m
i
t
s
3
-
N
e
w
w
a
y
s
o
f
w
o
r
k
i
n
g
JFCCT – Work Permit and Visa
36
..
New way of working - employers ceasing to provide desk or work space based on
total headcount. The cost saving is essential for economic survival.
WP should recognize (i) working away from the office, (ii) working from home (iii)
otherwise teleworking. Regulations should support this, otherwise there may be
unintended breaches. Government policy requires not coming to the office for
COVID 19 related reasons.
Serviced offices (example Regus, ServCorp) and co-working spaces is becoming
more popular. Some firms have their registered office at such locations. Such
providers typically offer multi-location use of facilities so that employees could work
at different locations from time to time. Regulation should support this.
To confirm that working from home (which may not be listed as a work location, but a
residence location),
To confirm that working away from location in the WP at a location not specified
would not amount to a breach.
V
i
s
a
s
JFCCT – Work Permit and Visa
37
..
Non Immigrant ‘B’ is complex, too many supporting documents
needed. Need a simple way to do this, and (soon)
VOA
.
How can it be put fully on-line?
V
i
s
a
s
JFCCT – Work Permit and Visa
38
..
S
t
a
f
f
r
a
t
i
o
s
4
:
1
I
m
m
i
g
r
a
t
i
o
n
B
u
r
e
a
u
r
e
q
u
i
r
e
m
e
n
t
When applying for a work permit, there is a requirement from the Immigration
Bureau that the company employ at least four Thai nationals for every one foreigner
employed. This is despite the Employment Dept. having advised Immigration that it
no longer enforces those ratios itself.
SME’s providing or developing digital technology or other new products or services
often start up with one or two people plus intellectual capital, not cash invested in
plant and equipment or a large staff. These companies are therefore unable to hire
foreign technical experts, even when there are no local resources available with the
necessary skills.
We suggest eliminating the Thai-to-foreign staff ratio for issuing long-term visas to
work permit holders.
C
a
p
i
t
a
l
i
n
v
e
s
t
e
d
Further, for many start-ups and SME’s there is little need for large capital investment
2M THB per WP (of if applicant has Thai spouse, 1M THB). Requiring high invested
capital as a prerequisite for the ability to hire foreigners does not enhance the ease
of doing business, nor help advance the achievement of Thailand 4.0 goals.
W
o
r
k
P
e
r
m
i
t
&
V
i
s
a
-
R
e
t
i
r
e
e
s
JFCCT – Work Permit and Visa
Retirement visa has self-sufficiency requirements.
Income element is necessarily passive income or derived overseas.
Retirees have much to offer economy, world retirement ages are
increasing / people are working longer.
JFCCT suggests allowing limited hours locally income-producing work per
week or month. Example –
Malaysia My 2
nd
Home MM2H – up to 20
hours per week.
39
W
o
r
k
P
e
r
m
i
t
&
V
i
s
a
-
P
e
r
m
a
n
e
n
t
R
e
s
i
d
e
n
t
s
JFCCT – Work Permit and Visa
Requiring a work permit for Permanent Residents – unnecessary and
burdensome overhead.
Out of line with regional practice.
Recommend: Permanent Residents (PR) do not need a work permit; or the
right to work is inherent in PR status.
40
C
o
m
p
l
e
x
i
t
y
o
f
r
e
g
u
l
a
t
i
o
n
–
t
h
r
e
e
l
a
y
e
r
s
JFCCT –
41
Lead in to next slide….
C
o
m
p
l
e
x
i
t
y
o
f
r
e
g
u
l
a
t
i
o
n
f
o
r
p
r
o
f
e
s
s
i
o
n
s
JFCCT –
39 Professions in 1979 legislation- April 2020 Announcement puts same
restrictions into four categories. JFCCT identified these 8 of interest:
Agriculture
Brokerage
Auction
Accounting, Auditing
Architectural services.
Civil Engineering
Tour Guide
Legal services (only for Arbitration)
42
V
i
s
a
s
–
y
o
u
n
g
p
e
o
p
l
e
/
s
t
u
d
e
n
t
s
.
JFCCT – Work Permit and Visa
43
..
Once 20 – a student no longer treated as under parental care;
must get own visas, only a tourist visa available.
BUT: many are mid-study, including on-line due COVID 19;
some are overseas.
S
u
g
g
e
s
t
:
Smart Visa category to complete study or job seeker; or
Special visa to complete the study and special work visa.
We are losing talent which understands Thailand – welcome
them back and support those here.
W
o
r
k
P
e
r
m
i
t
s
&
V
i
s
a
s
JFCCT – Work Permit and Visa
44
..
1
st
step : Reduction in complexity/eliminate some (Guillotine
process)
2
nd
step: Digitalisation
Smart Visa – a standard for skilled labour
(
c
)
S
a
f
e
B
o
r
d
e
r
O
p
e
n
i
n
g
J
o
i
n
t
F
o
r
e
i
g
n
C
h
a
m
b
e
r
s
o
f
C
o
m
m
e
r
c
e
i
n
T
h
a
i
l
a
n
d
45
S
a
f
e
B
o
r
d
e
r
O
p
e
n
i
n
g
-
f
o
c
u
s
JFCCT –
46
Achieving ‘zero’ was the result of a good plan and execution which brought
safety. But borders which are largely closed means economic hardship, we can
move from ‘zero’ to manageable to allow entry for limited groups of arrivals.
Time to move from a cumbersome process, and via two pathways, from 14 day
quarantine, down.
I
n
a
p
h
a
s
e
d
a
n
d
t
a
r
g
e
t
e
d
w
a
y
,
w
i
t
h
p
r
e
c
a
u
t
i
o
n
s
a
n
d
p
r
o
p
e
r
m
a
n
a
g
e
m
e
n
t
,
a
l
l
o
w
i
n
f
o
r
s
h
o
r
t
s
t
a
y
s
T
W
O
G
R
O
U
P
S
w
i
t
h
d
i
f
f
e
r
e
n
t
p
a
t
h
w
a
y
s
.
1.
S
h
o
r
t
s
t
a
y
p
r
o
f
e
s
s
i
o
n
a
l
s
(
t
e
c
h
n
i
c
a
l
s
k
i
l
l
s
,
e
n
g
i
n
e
e
r
i
n
g
,
e
t
c
)
,
s
h
o
r
t
-
s
t
a
y
b
u
s
i
n
e
s
s
p
e
o
p
l
e
f
o
r
m
a
n
a
g
i
n
g
i
n
v
e
s
t
m
e
n
t
s
,
F
D
I
p
u
r
p
o
s
e
s
.
M
a
n
u
f
a
c
t
u
r
i
n
g
/
e
x
p
o
r
t
s
a
r
e
v
i
t
a
l
.
2.
T
o
u
r
i
s
m
–
a
c
c
e
l
e
r
a
t
e
d
r
e
d
u
c
t
i
o
n
o
f
q
u
a
r
a
n
t
i
n
e
t
i
m
e
,
f
r
o
m
1
4
d
a
y
s
t
o
n
o
n
e
;
Public and private sector both have roles in risk management and keeping safe.
W
h
y
T
w
o
g
r
o
u
p
s
JFCCT
47
Exports (54%)
and Tourism (18%) made up 70% of the
economy; Exports are supported by manufacturing,
services, industry.
Different economic consequences, different
means of
management , some different SOPs.
Advantage
in considering these two pathways
E
o
D
B
JFCCT
48
As economies work out what is needed,
some are
becoming very efficient in reducing paperwork, placing
applications and documents on line.
They are also coming to understand that not as many
agencies as originally thought need to be involved.
On-line services
and elimination of unnecessary processes
are
strongly recommended.
T
e
c
h
n
i
c
a
l
/
P
r
o
f
e
s
s
i
o
n
a
l
/
B
u
s
i
n
e
s
s
JFCCT –
49
.
Short visits important for technical work (repairs, commission plant
and systems)
WP 34 supports urgent and necessary work up to 15 days, but that
comes after 15 nights quarantine.
Filters: Safer economies of origin
Protocols: Testing before departure, on arrival, move from 15
nights down to 7 or even 0, as some other economies have done
W
o
r
k
P
e
r
m
i
t
s
i
n
C
O
V
I
D
1
9
c
o
n
t
e
x
t
JFCCT – Work Permit and Visa
50
All WP instruments should not be dependent on CCSA regulation.
Q
u
a
r
a
n
t
i
n
e
i
s
s
u
e
s
w
h
i
l
s
t
t
h
e
y
s
h
o
u
l
d
b
e
h
a
r
m
o
n
i
z
e
d
o
p
e
r
a
t
i
o
n
a
l
l
y
,
a
r
e
s
e
p
a
r
a
t
e
,
a
d
m
i
n
i
s
t
e
r
e
d
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There are others (‘business visitors’) who do not need a work permit. The definition of
‘work’ was changed in March 2018. Managers and investors can look for new
business opportunities, check on existing investments and do a number of other things
without a work permit. This is more in line with APEC ‘business mobility’. APEC
Business Travel card holders are a specifically recognised category by CCSA.
BOI promoted company executives checking on their investments and doing certain
other things do not need a work permit in most cases.
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JFCCT – Work Permit and Visa
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Holding a Non B is not (unlike WP) a CCSA category of allowed
entrant. This category should be included.
Extension programme much appreciated, but in meantime,
digitalisation?
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JFCCT –
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Devise means of lessening quarantine:
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JFCCT –
53
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Targeted risk management. CCSA had 11 groups at 30 June for
entry; there are more categories now. Amongst the 11 – different
risk profiles.
Public Health officials say that small outbreaks (handful of people
at a time) can be managed, prevent community infection
Origin:
lower risk economies where quarantine period is to be
reduced..
Testing
: before departure, on arrival (isolate to get the result),
Controls: wear mask, register/report, tracing, possibly some areas
off limits
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THANK YOU
JFCCT –
BOI Consultation
54
Through the Joint Foreign Chambers of Commerce in Thailand's consultative sessions, discussions revolve around various topics such as Foreign Business Act regulations, regulatory reforms, and economic recovery strategies. The focus is on fostering a conducive environment for foreign investment and enhancing business competitiveness.
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Joint Foreign Chambers of Commerce in Thailand BOI Consultative Session 16 December 2020 JFCCT Topics V 1.7c 1
Joint Foreign Chambers of Commerce in Thailand Discussion II. JFCCT Topics 2
Appreciation In developing recommendations, JFCCT: Listens to senior government officials Does Research and seeks best practices Holds events to engage communities Builds consensus amongst members Does not make demands JFCCT greatly appreciates all engagements and opportunities 3 JFCCT BOI Consultative
Drivers of todays topics Ease of Doing Business which enhances investment, GDP, happiness Digitalisation as a goal in own right Competitiveness Business Continuity Economic Recovery Skills in the economy 4 JFCCT BOI Consultative
Joint Foreign Chambers of Commerce in Thailand JFCCT Topics a)Foreign Business Act b)Fast pace Regulatory Reform / Regulatory Guillotine - Visa and Work Permit c)Safe Border Opening 5
Joint Foreign Chambers of Commerce in Thailand (a) Foreign Business Act 6
FBA Background 1 Foreign Business Act 1999 regulates foreign ownership of companies by activities of companies. A foreign company has more than 49% foreign shareholding. Activities in three lists: List 1 not open to foreign participation List 2 needs cabinet approval for foreign company participation List 3 needs a licence (Foreign Business Licence FBL; or if BOI promoted, Foreign Business Certificate FBC). We focus on List 3, for which FBA provides for an annual review. 7 JFCCT BOI Consultative
FBA Background 2 List 3 has been changed four times 2013, 2016, 2017, 2019. A currently proposed change would remove from List 3: Telecommunications business (i.e., Type 1 telecommunication businesses in Telecommunication Business Act); FBLs and FBCs for type 1 licences have been issues by MOC, NBTC issues the telco licence. Treasury centre activities relate to the management or exchange of foreign currencies between affiliated companies or within a conglomerate, and are regulated under the Exchange Control Law. Earlier removals covered intra- group services (2019) and, earlier, financial services activity. There is sector- specific regulation for these activities. Software development business - development of software for specified activities, but broadly drawn. The activity is BOI promotable The qualification still leaves a broad scope. There is no other agency specifically requiring a licence. 8 JFCCT BOI Consultative
FBA Background 3 three layers of regulation List 3 reviews have not been effective for their stated purpose, but there is more complexity. We focus on first row. Subject Effect Regulatory source Business activities of entities (eg companies) with more than 49% foreign shareholding Restricts the business activity of the company using three lists. Foreign Business Act AD 1999. Foreign Business Licence (s.7) List 3 has unnecessary restrictions. Under IPA (the basis of BOI promotion) Foreign Business Certificate (s. 12) Professions which may not be undertaken by foreigners Prohibits foreigners (individuals) from carrying out 39 professions. JFCCT has identified 8 of interest AD 1979 Decree; April AD 2020 Notification groups these into 4 categories Professional licensing or permits at sector or individual professional level. An additional barrier which is often overlooked by regulatory moves to liberalise professions. Various sector or profession-specific laws eg Engineers Act, Accountants Act, Lawyers Act which typically set up a professional licensing authority. 9 JFCCT BOI Consultative
FBA Background 3 The gap between Old and New Normal GDP in 2023 might be as large as 0.7-1.4 trillion baht (in real terms) 3% 3% 5% 3% 3% 5% 5% 3.7% 5.1% -8.1% 1.4% -10% GDP not likely to be at pre COVID 19 levels for 2-3 years Source: Dr Charl Charl Kengchon, Executive Chairman, Kasikorn Research Center, BOI webinar 5 August 2020 10 JFCCT BOI Consultative
FBA Proposal Suspend List 3 for three years, allow investments in any sector not prohibited by List 1 or List 2 or other sector specific legislation In that period, in say three stages, permanently remove certain parts of List 3, proposed: Stage 1: Logistics, Engineering Stage 2: All of item 21 (the catch all), all business support services, accounting, architecture, R&D, Education, insurance, all software development. Stage 3: Hotel business, tackle telecoms categories 2 and 3. At end of three years: suspension ends, the result is a reduced List 3 and investor protection (grandfather status) for investments made in the suspension period. 11 JFCCT FBA
FBA Proposal schematic Result: Create an attractive investment environment a bold commitment to economic recovery three years Suspension ends Important permanent removals from List 3. Thus a reduced List 3 First stage permanent removals Investor protection (grandfather status) for investments made during suspension period in areas not covered by permanent removals. Second stage permanent removals Third stage permanent removals On going Three year Suspension period of List 3 12 JFCCT FBA
Advantages of FBA Proposal Flexibility will support business continuity- companies can take in new investment, new partners, restructure Stimulates FDI new investments Enhances competitiveness, ease of doing business Saves Thai jobs Alleviates pressure on use of economic recovery budget. 13 JFCCT FBA
Joint Foreign Chambers of Commerce in Thailand (b) Fast Track Regulatory Reform - Guillotine 14
Guillotine Economic Impacts of guillotine reform South Korea New Jobs created: Business cost savings: Increased FDI: +1,066,200 +4.4% of GDP $36.5 billion in new FDI Vietnam: Business cost-savings: $1.45 billion/year cost-savings Croatia Business cost savings: Macro effects: $ 65.6 million/year +0.13% GDP Kenya Business cost savings: $137 million/year Korean numbers are projections. Source: Byung Ki Ha(1999), The Economic Effects of Korea s Regulatory Reform (in Korean), KIET. Croatian numbers are based on Standard Cost Model application of actual reforms. Source: TDRI, JCA 15 JFCCT BOI Consultative
Guillotine Financial Benefits 4 projects Bank of Thailand (BoT) 400 recommended changes to laws, and implemented several recommendations about FX, Saved THB 1.1 bn in annualized costs going forward (see next slide). October 2017. Securities and Exchange Commission (SEC) - training using the Regulatory Guillotine concepts and methodology as well as the processes for reviewing existing regulations. Outcome strengthened regulation-making. December 2017. EoDB (Ease of Doing Business) 10 criteria in the World Bank DB Over five years due to remeasurement & improvements, Thailand moved from 20s to 40s . 21stout of 190 countries for 2020 ranking by improving on some key activity. Work Permit/Visa and gov t contracts not included in the 10. 2019 Simple & Smart License Project 1,085 licenses analysed and full recommendations made (revise/remove/de- duplicate). Estimated saving to business THB 64bn if all implemented. 2018 - 2019 16 JFCCT BOI Consultative
2020 Developments September: PM Office Notification establishing Fast Track Law Reform Committee September: Release by STO of GU Summary report 1,094 issues October: PM Office Dr Bawornsak chair + 8 Main Committee members October: TDRI (with JFCCT and EABC) Public Seminar October: Five point Guideline from Cabinet: Guideline amendments to laws obstructing e-service development" where laws lack digital enablement November: Order appointing 9 Sub Committees, including: Guillotine, Digitalisation, Law Reform to support economic recovery December: Cabinet Order: Reg Guillotine project a priority; implementation targets 2021, 2022 Guillotine Sub Committee meeting 15 Dec: short update 17 JFCCT BOI Consultative
Summary Report released by STO Annualised savings assuming all 1,092 issues implemented as recommended 134 Billion Baht for the private sector (Table 14) (i) Compliance cost engaging professionals to prepare applications, filing fees, travel cost, cost of time of key people in preparing applications etc. (ii) Opportunity cost cost of capital, cost of time for waiting license approval 9 Billion Baht for the government (Table 15) (i) Personnel cost in time spent processing and meeting / planning time (no assumptions about headcount as staff could be re-deployed) (ii) Not assessing an opportunity cost 18 JFCCT BOI Consultative
Achievement; Challenges Great kudos for establishing the Fast Track soft Infrastructure ! BUT: Resourcing: Much falls on STO and OPDC Process: 1. CUT/CHANGE/CONTINUE/COMBINE/CREATE; before 2. Digitalisation (process re-engineering) and whole-of-government system Revisions the 1,092 are processed already, revisiting is expected, but can implementation be the focus? Incentives for guillotine and digitalisation Legal enablement and legal support for actions Permanent Law Reform Commission continually taking references 19 JFCCT BOI Consultative
Rankings Rankings can be a good guide. World Banks EoDB 10 specific criteria, do not include hiring foreign workers (work permit/visa) or contracting with government. Thailand ranks well on protecting minority investors and Getting Electricity; not so well on Paying Taxes and Starting a Business EoDB may not be the most appropriate measure for operating a business 20 JFCCT BOI Consultative
OECD IPR (Investment Policy Review) Regulatory Restrictiveness Index 21 JFCCT BOI Consultative
Other Rankings Thailand: 2019: 25th / 63. 2020: 29th / 63 IMD World Competitiveness Ranking URL here Thailand: 2019: 40th / 63. 2020: 39th / 63 IMD Digital Competitiveness Ranking URL here Thailand: 2018 38th / 141. 2019: 40th / 141. WEF Global Competitiveness Index URL here Thailand: 65th / 157. This measures productivity of next generation workers relative to benchmark of education and full health World Bank Human Capital Index 2018: URL here These rankings have helpful sub-indices and elements 22 JFCCT BOI Consultative
Guillotine Sub Committee key points Work Permit and Visa Short stays via WP 34, intended as a notification system, not permission ( urgent & necessary work ), then 15 nights quarantine Changing visa type to Non B may not be supported Adult can change visa type only if 50 years old where children are changing for educational reasons. Sub Committee in process of prioritising amongst many issues. Line agencies may do some smaller topics directly. Immigration App Intention is post COVID 19 an end-to-end; record of immigration and possible with many features including VAT refund and visa status. JFCCT did a detailed recommendation in Nov 2019 similar but enhanced. 23 JFCCT BOI Consultative
Joint Foreign Chambers of Commerce in Thailand - Visa / Work permit 24
Background Work Permit and Visa in Thailand Some aspects of Thailand s Work Permit and Visa system go back, much unchanged, some 45 years (to 1972). Work Permits and Visas : single most referred-to challenges in doing business and disincentive to foreign investment. Not just about convenience or ease of doing business but: - impede Thailand s reputation as an attractive place to invest - out of synch with other aspirations for re-skilling the economy - Some electronic WP but manual processes - COVID 19 situation mandates avoiding people contact 25 JFCCT Work Permit and Visa
Joint Foreign Chambers of Commerce in Thailand Rationalisation\Harmonisation, De-Duplication 26
Work Permit & Visa- Rationalisation & De- duplication. Chart developed 2018; updated 2019; 3 December 2020. Rationalisation is about: a) One visit only b) A true one stop experience in all respects c) Broaden the range of user groups for OSOS extend to SMEs at least for skilled labour; De-duplication is about eliminating duplicate procedures, forms etc. See a separate file of these four pages. 27 JFCCT Work Permit and Visa
Work Permit & Visa Harmonisation - substance Aspect Capital requirements THB 2m paid up per foreign employee is current requirement; Determine how this can be removed, at least for skilled labour Staff ratios Not required by Employment Dept Work Permit Visa 1:4 ratio applied in most cases where not exempt (eg via BOI promotion) required by Bureau of Immigration, relevant to work. Eliminate this entirely Frequently granted on provisional , monthly basis while work permit is being processed; then becoming unsynchronized as work permit is issued and later renewed. Not clear but should harmonise Duration (=Validity period; exact start and end dates same) Varies, depending on visa /residency status Min lead time to apply Currently cannot apply for new/renewal earlier than 30 days prior to expiry, should be 90 days. Requires first having a non- immigrant B visa before submitting an application. Application should be permitted regardless of current visa type. Location of application and pre- conditions Appropriate visa should automatically be issued when work permit is approved, or some similar mechanism in keeping with harmonization objectives. 28 JFCCT BOI consultative
Work Permit and Visa Filing Requirements Visa & Work Permit control v 4.0 (3 December 2020) - Add Easy On Line, COMBINE, CUT for both Ref 29, Ref 30. Work Permit (WP) Requirements Visa (V) Requirement s Presently Submit Annually / for each renewal Change to submit one time only Easy On- line Ref List of documents or other items Cut Combine Cert* NOTES Application form Bor.Tor. (WP) 25 combines WP.1 -New application, WP 5 for renewal, with ten categories of back up documents (part 4); similar requirements in other WP forms x x 4 X x as combined form 5 Application form TM.7 , new application & renewal x x X 6 7 8 Application form TM.8 (re- entry form single & multiple) Three (3) photographs, size 3x4 cm of applicant Three (3) photographs, size 4x6 cm of applicant x x x x x X X Electronic version - JPEG or other X x x X ( Visa only) Use first submission unless new PP 9 Copy of Passport data page + TM6 x x x X X 10 Copy of Work Permit 11 List of all other foreigners in the company with work permits 12 Organization chart x x x x X (Visa only) X ( Visa only) X ( Visa only) X Note: currently must have WP to get a Visa DoE would have this information; justification for requiring it not clear x x X X Include as part of application form. If reason for letter is to demonstrate why a foreigner is required for the job, i.e. skill or other relevant criteria for the job not available in Thailand, this should be required first time only. Is this so? 13 A letter explaining the reason for hiring foreign employees x X X ( Visa only) Certificate of employment prepared in accordance with the form prescribed by the Immigration Bureau (Sor.Tor.Mor.1) 15 Confirmation number of foreign employees form 16 Form of the employment certification 17 Company registration (not more than 6months old) 14 x x x X x x X x (work permit only) X Include as part of application form x x X X x x X Is there an on-line look up means (DBD MOC) which confirms incorporation status? * Purpose? - to show whether more than 49% foreign owned?; replace witih a company or applicant statement with check box options for Thailand-incorporated entity: eg (i) 49% or less foreign owned; (ii) more than 49% foreign owned; (iii) BOI promoted with FBC under FBA; (iv) holds FBL under FBA or other relevant licence, * 18 List of Shareholders ( not more than 6 months old) x x X X 19 Fianacial Statement Submission (Sor Bor Chor 3) 20 Copy of financial statements of the Company (the Company s balance sheet) 21 Corporate income tax returns (Form Phor. Ngor. Dor. 50) Copies of 3 most recent Monthly withholding tax returns (Form Phor. Ngor. Dor. 1) + receipt of certification 23 Copies of the applicant s annual income tax return (Form Phor. Ngor. Dor. 91/90) Copies of 3 most recent monthly social security contributions return filed with the Social Security Office (Form Sor.Por.Sor. 1-10) & present original 25 Copies of 3 Most Recent Monthly VAT returns (Form Phor. Por. 30) 26 Special Business Tax submission (PhorThor 40), if any. x x x x X X X X X ( visa only) x latest version X (visa only) X (visa only) 19, 20 for tax purposes now? * * * * x x It is enough to show that the company exists; paid up capital should be removed as a criterion 22 x x X X * * 24 x X X ( visa only) x x X X X (visa only) * * x 27 Copy of VAT Registration (Phor.Por.01) and Tax Refactor Registration Added (Por Por 09) X Not relevant if not obliged to register for VAT 28 Copy of factory licens and/or license the business (if any) x X X Recommend 'cut' as this kind of proof should not be necessary. If confirmation required in specific cases, details of authorized corporate signatory already available via DBD. 29 Copy of identity cards of the authorized signatory of the employer. x x X X 30 Copy of identity cards of the authorized signatory of the foreign employees 31 A local medical certificate or the applicant 32 Map showing the location of the Company Photographs of the exterior of the business premises showing : office building, office desk, Thai staff . 34 Other supporting documents required by the competent authority (Sor.Tor.Mor.2) x x X X ( WP only) X ( WP) x ( visa only) x ( visa only) x X Submit only first time? x x x 33 X x x X x ( visa only) x (visa only) File on line by scanning? Should be part of standard terms; not a separate form Should only be required one time if no change 35 Acknowledgment of Penalties for a Visa overstay. x 36 Copy of Educational certificate must be translated into English or Thai x x X NOTES Rows 9,11,12,17,18, 20, 21,23,29 apply to both WP & V. Recommend 'combine' or 'cut' each - see notes. * Visa Requirements: Document no. 17, 18, 20, 21,22, 23, 25 must be certified true copy by authorized official of government unit concerned. See "Cert" column *, but most are recommended to be Cut Where an item is currently required annually (column L) but is recommended to be 'cut' (column F) ; the recommendation does not also propose that that document be done one time (coluimn N) All documents are required to be stamped with Company stamp and signed by Managing Director (wet signature) Change to rely on PDF format; many documents should be on government records Age of documents: practice varies: OSOS seems to accept up to 6 months old - see rows 17 & 18, at Immigration, DoE 3 usually 3 months. Easy on line candidate means that at the very least a system of filing an editable PDF, photos etc could be done in the short term. Filing on line by completing on line fields may take some process re-engineering Source: submission 24 Sep 2018 to Guillotine Unit;; updated 3 December 2020 29 JFCCT Work Permit and Visa
Work Permit and Visa Filing Requirements CUT Visa & Work Permit control v 4.0 CUT Work Permit (WP) Requirements Visa (V) Requirements Ref List of documents or other items Cut 11 List of all other foreigners in the company with work permits 12 Organization chart 13 A letter explaining the reason for hiring foreign employees 16 Form of the employment certification 18 List of Shareholders ( not more than 6 months old) 19 Fianacial Statement Submission (Sor Bor Chor 3) 20 Copy of financial statements of the Company (the Company s balance sheet) 21 Corporate income tax returns (Form Phor. Ngor. Dor. 50) 22Copies of 3 most recent Monthly withholding tax returns (Form Phor. Ngor. Dor. 1) + receipt of certification 23 Copies of the applicant s annual income tax return (Form Phor. Ngor. Dor. 91/90) 24Copies of 3 most recent monthly social security contributions return filed with the Social Security Office (Form Sor.Por.Sor. 1-10) & present original 25 Copies of 3 Most Recent Monthly VAT returns (Form Phor. Por. 30) 26 Special Business Tax submission (PhorThor 40), if any. 27 Copy of VAT Registration (Phor.Por.01) and Tax Refactor Registration Added (Por Por 09) 28 Copy of factory licens and/or license the business (if any) x x x x x X X X X X X X X X x x x x x x x x x x x X x X x x X X X X x x 29 Copy of identity cards of the authorized signatory of the employer. x x X 30 Copy of identity cards of the [authorized signatory of the] foreign employees x X 32 Map showing the location of the Company 33Photographs of the exterior of the business premises showing : office building, office desk, Thai staff . x x x X 30 JFCCT Work Permit and Visa
Work Permit and Visa Filing Requirements - COMBINE Visa & Work Permit control v 4.0 COMBINE Work Permit (WP) Requirements Visa (V) Requirements Combine Ref List of documents or other items Application form WP.25 -New application, and renewal; now one but there are other renewal forms eg WP 30 (s.67) 5 Application form TM.7 , new application & renewal 6 Application form TM.8 (re- entry form single & multiple) 7 Three (3) photographs, size 3x4 cm of applicant 8 Three (3) photographs, size 4x6 cm of applicant 9 Copy of Passport data page + TM6 17 Company registration (not more than 6months old) x 4 X x x x x X x x x x x X X 31 JFCCT Work Permit and Visa
Work Permit and Visa Filing Requirements EASY ON LINE Visa & Work Permit control v 4.0 - EASY ON LINE means SEEMS EASY TO PUT ON LINE Work Permit (WP) Requirements Visa (V) Requirements EASY ON- LINE Ref List of documents or other items Application form and renewal WP.25 -New application, other renewals eg WP 30 (s.67) 5 Application form TM.7 , new application & renewal 6 Application form TM.8 (re- entry form single & multiple) 7 Three (3) photographs, size 3x4 cm of applicant 8 Three (3) photographs, size 4x6 cm of applicant 9 Copy of Passport data page + TM6 10 Copy of Work Permit 14 Certificate of employment prepared in accordance with the form 15 Confirmation number of foreign employees form 17 Company registration (not more than 6months old) 31 A local medical certificate or the applicant 34 Other supporting documents required by the competent authority 35 Acknowledgment of Penalties for a Visa overstay. 36 Copy of Educational certificate must be translated into English or Thai x x 4 x x x x x x x x x x x x X x x x x x x x x x x x x x x x EASY ON LINE means before full process re-engineering, file by uploading files editable PDF, photos etc. See separate file of these four pages four charts 32 JFCCT Work Permit and Visa
Work Permits 1 Announcement of the Dept of Employment, Ministry of Labour, with Omnibus rule changes 30 September, gazetted 20 October, with effect from 1 Nov; 1 Dec 2020; Feb 2021. Change from WP 10 (previously WP 11) now WP 34 for urgent and necessary work. Merging into WP 25 of WP 1 (general WP application) and WP 5 (renewal) WP 3 which is like an in-principle approval. Other changes including some electronic forms of submission. Reference law: June 2017 Decree No. 1 as amended by Labour Decree No. 2 of March 2018. We call this the Labour Decree . This replaced the Foreign Employment Act. 33 JFCCT Work Permit and Visa
Work Permits 2 We look at three situations: WP holder overseas a new arrangement allows for employer to renew while the employee is overseas. However this needs rationalisation to make it work One solution is extending the WP. Analogy is visa extensions; also Resident category who can renew once they have returned, but being away does not mean that the status is cancelled. .. WP should be issuable and usable while employee is overseas. Employee in many cases can be doing work on line to support the company s continuity. Are there real impediments to this? Nor just the WP 3 process. See WP 32 (s.60) Change of job Sections 51 53 of the Labour Decree allow for change of job. But difficult in practice. Cases are change from Non B to Non B, from Non O to Non B, for example. Does Non O to Non B require spouse to be Thai?, If so, we suggest that that requirement be removed so that the change is not restricted by nationality. Starting new job within 30 days; we suggest longer. 34 JFCCT Work Permit and Visa
WP 32 requirements extract s.60 .. 35 JFCCT Work Permit and Visa
Work Permits 3- New ways of working New way of working - employers ceasing to provide desk or work space based on total headcount. The cost saving is essential for economic survival. WP should recognize (i) working away from the office, (ii) working from home (iii) otherwise teleworking. Regulations should support this, otherwise there may be unintended breaches. Government policy requires not coming to the office for COVID 19 related reasons. .. Serviced offices (example Regus, ServCorp) and co-working spaces is becoming more popular. Some firms have their registered office at such locations. Such providers typically offer multi-location use of facilities so that employees could work at different locations from time to time. Regulation should support this. To confirm that working from home (which may not be listed as a work location, but a residence location), To confirm that working away from location in the WP at a location not specified would not amount to a breach. 36 JFCCT Work Permit and Visa
Visas Non Immigrant B is complex, too many supporting documents needed. Need a simple way to do this, and (soon) VOA. How can it be put fully on-line? .. 37 JFCCT Work Permit and Visa
Visas Staff ratios 4:1 Immigration Bureau requirement When applying for a work permit, there is a requirement from the Immigration Bureau that the company employ at least four Thai nationals for every one foreigner employed. This is despite the Employment Dept. having advised Immigration that it no longer enforces those ratios itself. SME s providing or developing digital technology or other new products or services often start up with one or two people plus intellectual capital, not cash invested in plant and equipment or a large staff. These companies are therefore unable to hire foreign technical experts, even when there are no local resources available with the necessary skills. .. We suggest eliminating the Thai-to-foreign staff ratio for issuing long-term visas to work permit holders. Capital invested Further, for many start-ups and SME s there is little need for large capital investment 2M THB per WP (of if applicant has Thai spouse, 1M THB). Requiring high invested capital as a prerequisite for the ability to hire foreigners does not enhance the ease of doing business, nor help advance the achievement of Thailand 4.0 goals. 38 JFCCT Work Permit and Visa
Work Permit & Visa - Retirees Retirement visa has self-sufficiency requirements. Income element is necessarily passive income or derived overseas. Retirees have much to offer economy, world retirement ages are increasing / people are working longer. JFCCT suggests allowing limited hours locally income-producing work per week or month. Example Malaysia My 2ndHome MM2H up to 20 hours per week. 39 JFCCT Work Permit and Visa
Work Permit & Visa - Permanent Residents Requiring a work permit for Permanent Residents unnecessary and burdensome overhead. Out of line with regional practice. Recommend: Permanent Residents (PR) do not need a work permit; or the right to work is inherent in PR status. 40 JFCCT Work Permit and Visa
Complexity of regulation three layers Subject Effect Regulatory source Business activities of entities (eg companies) with more than 49% foreign shareholding Restricts the business activity of the company using three lists. Foreign Business Act AD 1999. Foreign Business Licence (s.7) List 3 has unnecessary restrictions. Under IPA (the basis of BOI promotion) Foreign Business Certificate (s. 12) Professions which may not be undertaken by foreigners Prohibits foreigners (individuals) from carrying out 39 professions. JFCCT has identified 8 of interest AD 1979 Decree; April AD 2020 Notification groups these into 4 categories Professional licensing or permits at sector or individual professional level. An additional barrier which is often overlooked by regulatory moves to liberalise professions. Various sector or profession-specific laws eg Engineers Act, Accountants Act, Lawyers Act which typically set up a professional licensing authority. Lead in to next slide . 41 JFCCT
Complexity of regulation for professions 39 Professions in 1979 legislation- April 2020 Announcement puts same restrictions into four categories. JFCCT identified these 8 of interest: Agriculture Brokerage Auction Accounting, Auditing Architectural services. Civil Engineering Tour Guide Legal services (only for Arbitration) 42 JFCCT
Visas young people / students. Once 20 a student no longer treated as under parental care; must get own visas, only a tourist visa available. BUT: many are mid-study, including on-line due COVID 19; some are overseas. .. Suggest: Smart Visa category to complete study or job seeker; or Special visa to complete the study and special work visa. We are losing talent which understands Thailand welcome them back and support those here. 43 JFCCT Work Permit and Visa
Work Permits & Visas 1ststep : Reduction in complexity/eliminate some (Guillotine process) 2ndstep: Digitalisation .. Smart Visa a standard for skilled labour 44 JFCCT Work Permit and Visa
Joint Foreign Chambers of Commerce in Thailand (c) Safe Border Opening 45
Safe Border Opening - focus Achieving zero was the result of a good plan and execution which brought safety. But borders which are largely closed means economic hardship, we can move from zero to manageable to allow entry for limited groups of arrivals. Time to move from a cumbersome process, and via two pathways, from 14 day quarantine, down. In a phased and targeted way, with precautions and proper management, allow in for short stays TWO GROUPS with different pathways. 1. Short stay professionals (technical skills, engineering, etc), short-stay business people for managing investments, FDI purposes. Manufacturing / exports are vital. 2. Tourism accelerated reduction of quarantine time, from 14 days to none; Public and private sector both have roles in risk management and keeping safe. 46 JFCCT
Why Two groups Exports (54%) and Tourism (18%) made up 70% of the economy; Exports are supported by manufacturing, services, industry. Different economic consequences, different means of management , some different SOPs. Advantage in considering these two pathways 47 JFCCT
EoDB As economies work out what is needed, some are becoming very efficient in reducing paperwork, placing applications and documents on line. They are also coming to understand that not as many agencies as originally thought need to be involved. On-line services and elimination of unnecessary processes are strongly recommended. 48 JFCCT
Technical / Professional / Business Short visits important for technical work (repairs, commission plant and systems) WP 34 supports urgent and necessary work up to 15 days, but that comes after 15 nights quarantine. . Filters: Safer economies of origin Protocols: Testing before departure, on arrival, move from 15 nights down to 7 or even 0, as some other economies have done 49 JFCCT
Work Permits in COVID 19 context All WP instruments should not be dependent on CCSA regulation. Quarantine issues whilst they should be harmonized operationally, are separate, administered by CCSA. Three reasons: Quarantine periods will change and should not be hard wired into a WP. There are others ( business visitors ) who do not need a work permit. The definition of work was changed in March 2018. Managers and investors can look for new business opportunities, check on existing investments and do a number of other things without a work permit. This is more in line with APEC business mobility . APEC Business Travel card holders are a specifically recognised category by CCSA. BOI promoted company executives checking on their investments and doing certain other things do not need a work permit in most cases. 50 JFCCT Work Permit and Visa
