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Thai Police Conduct Inspections for Work Permit Violations and Land Issues?
Transcript of the above video:
As the title of this video suggests, we are discussing police actions that are targeting Work Permit violations or possible violations as well as landownership issues. Let me just jump in here. I thought of making this video after reading a recent article from the Phuket News, that is thephuketnews.com, the article is titled: Greek restaurant inspected over Hebrew-language sign. Quoting further: "A Greek restaurant near the Big Buddha has been found to be operating legally" - legally, not illegally, legally - "following an inspection prompted by online criticism over a Hebrew-language sign displayed at the site." Quoting further: "Mueang District officials conducted the inspection about 5:30pm on Friday (April 3) at the entrance to the Big Buddha in Chalong, after images of the sign and related messages circulated widely on social media. The sign had drawn criticism online with some people questioning its "appropriateness" and legality, prompting action from district-level officials. The inspection brought together administrative officials, local leaders, Chalong Municipality Officers and members of the Volunteer Defense Corps (OrSor) who examined the premises and reviewed the business's legal status. Authorities confirmed that the restaurant is a registered legal entity owned by a Thai national and is operating in compliance with relevant regulations. Officials reported that the business employs a total of 13 staff, comprising both Thai and foreign workers, all of whom were found to hold valid Work Permits. No illegal activities, including drug use, were detected during the inspection." So that's the important thing to point out here.
I think it's worth noting because I do a number of videos every year about foreigners getting caught for Work Permit violations and things. It is important to point out that not all inspections lead to arrest. They are not just looking to arrest people, they're genuinely looking to see if people are in compliance with relevant law and if you are, on you go. So that's an important thing to point out. That said, quoting further: "Regarding the land on which the business operates, initial reports indicated that it is registered under a SorKor 1 Land Title. Officials noted that further checks will be carried out in coordination with relevant agencies to clarify land status." So that's another side of this.
As I've discussed in other videos, the Department of Business Development under the auspices of the Ministry of Commerce is now doing a lot more due diligence and scrutiny with regard to foreigners setting up corporations here in Thailand. On top of that, we are now seeing a lot of scrutiny from Immigration and the Labour Department regarding work authorization, but one of the big issues - which has always been a big issue here in Thailand - pertains to usage of corporate entities if you will pretextually or some could say pretensively in order for foreign nationals to gain enjoyment of or what could be described as “ownership” of or control over Thai land, and that's the one thing that isn't resolved in this article. I urge those who are watching this video, go check out the article in thephuketnews.com for more details on that. But that was the one thing that was left unresolved. Again nobody that was working there was detained or arrested; it was found that they were all in compliance, but it appears relevant authorities are continuing to investigate regarding the underlying land issue and the corporate interaction etc. associated therewith. So again, there may be further developments in this case, remains to be seen.
The point I'm trying to make with this video though is look, law enforcement is being increasingly assiduous. Not all inspections lead to bad outcomes. One may be found to be in compliance and again they will basically go on their way. But again where it pertains to land ownership in a corporate capacity, that is where a lot of authorities here in Thailand are going to have a lot of heightened scrutiny to say the least, if they don't start looking at law enforcement measures. So again, when you are looking at doing business here in Thailand, it's important to understand you need to be work authorized, you need to set up your corporation in compliance with relevant Thai Law and where it pertains to property, I think it's probably not a terrible idea to contact a legal professional and gain some insight and guidance into how best to proceed.
