POLITE BIKE THIEF ARRESTED

This week Banglamung police announced the arrest of Mr. Narai who was paraded in front of the media.  The 31 year old man from Chonburi was accused of stealing a motorcycle from a house in Banglamung.  Unfortunate for him he was caught and recognized on CCTV; and his manners were noted as he politely closed the gate of the house as he left on the bike.  According to police, he has just been released from jail earlier in August with a string of records for bike theft, and now, yet again, awaits another day in court.

News stories placed on this website are short versions. If you would like the full story, please read the Pattaya People Weekly newspaper.

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Do we have offences Relating to Trade?

Yes, are likely to be committed by foreigners as Thais because they are connected with humans’ benefit. These offences consist of quite a number of things’ ranging from having or making a bad measuring machine to take advantage in trading over other persons, cheating buyers of goods, using other’s trade marks, patents, copyrights and so on. The Thai court imposes rather severe punishments on offenders with on mercy or probation. Nevertheless these offences are compoundable by which the offender may pay compensation and compromise with the damaged person to end the offence. 

By KRAIVIT BUSINESS AND ESTATE LAW OFFICE :
WWW. K- HUAHINLAWYER.COM

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Acquisition of Condominium Unit by Alien

Acquisition of Condominium Unit by Alien

Previously, an alien could have ownership in a condominium unit or bought a condominium unit in each condominium in a proportion not higher than forty percent of the total space of all units in that condominium at the time the application for condominium registration had been lodging. Later, on April 28th, 1999, the Condominium Act was amended to facilitate an alien in the purchase of condominium unit. As such, an alien may have ownership in a condominium unit in a proportion not higher than forty nine percent of the total space of all units in that condominium at the time the application for condominium registration is being lodged. The amended Act also provides that an alien may have ownership in a condominium unit exceeding forty nine percent if the following rules 

are satisfied:

 1. Such condominium shall be situated in Bangkok Metropolis, municipality area or other local administrative area i.e. the Pattaya Ciity; 

2. The total area of the land on which a condominium is situated, when combined with the land 

provided for common use or benefit of all co-owners, shall not exceed five rai; 

3. Such condominium shall accommodate not less than forty condominium units;

 4. Such condominium shall be registered not less than one year prior to the date an alien applies for 

ownership in the condominium unit; 

5. Such condominium shall not be situated in the area of military safety zone under the law on Military Safety Zone; 6. An alien shall utilize a condominium unit in a way that is not contrary to the local custom or good living of the local community; However, in a five year term as from April 28th,1999, the rules concerning the acquisition of ownership by an alien in a condominium unit in a higher proportion than forty nine percent shall take effect. After that it shall be repealed, and the alien obtaining an ownership in this regard and the alien receiving an ownership in a condominium unit transferred by the former are allowed to continue holding the ownership in that condominium unit even in a higher proportion than forty nine percent.

Kraivit Bussiness and Estate law office We can provide and support about the various with HuaHin solicitor team / real estate lawyer Who specialize in this subject directly.

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WORK PERMIT IN THAILAND

To legally work in Thailand, a foreigner must apply for a work permit. Work permit is a legal document that states a foreigner’s position, current occupation, or job description and the Thai company he is working with. It also serves as a license to perform a job or an occupation allowed for foreigners inside Thailand.

Foreigners entering Thailand are not permitted to work, regardless of their type of visa, unless they are granted a work permit. Those who intend to work in Thailand must hold the correct type of visa to be eligible to apply for a work permit.

To secure a work permit in Thailand, a foreigner needs an initial visa, which is a non-immigrant visa. The non-immigrant visa must be obtained before entering Thailand.

Once the foreigner has a non-immigrant visa, he may begin to process the work permit. The work permit process would take 7 business days to accomplish. Work permit application is processed in the Ministry of Labor office.

A foreigner is eligible to apply for a work permit as long as he has a non-immigrant visa or a resident visa, has an available employer who will provide documents for work permit, and the occupation he will perform is not prohibited to foreigners.

The applicant has to submit the following documents:

• 2 inches photo

• medical certificate

• original passport

• letter of employment

• certificate of degree

• address in Thailand

The employer has to provide the following:

• company certificate and objectives

• list of shareholders

• application for VAT

• withholding tax of the company

• financial statement

• photocopy of the director’s passport and work permit with signature affixed

• office map

• letter of employment stating position and salary of applicant

• employment agreement

Once granted, the foreigner has to bring the work permit all the time especially at the work place and during working hours. Please note that the foreigner can only perform the job stated in the work permit and on the specific employer.

Credit By Kraivit : huahin law office.
If you are in Thailand, Hua Hin, you can request a consultation  huahin solicator at K-huahinlawyer.com. 

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HOW TO CHECK CONDOMINIUM UNIT BEFORE PURCHASING

In case the condominium is not yet completed:
1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.
2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.
3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.
4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.
 5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.
6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.
7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.


In case the condominium has already been completed:
 1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.
2.         Check and record the land deed’s number, layout plan of the building and the access of the building.
3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.
4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.
5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.
6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.
7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

In case the condominium is not yet completed:
1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.
2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.
3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.
 4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.
 5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.
 6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.
7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.

  In case the condominium has already been completed:
1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.
2.         Check and record the land deed’s number, layout plan of the building and the access of the building. 3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.
4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.
5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.
6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.
7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.

 
Credit By Mr. Kraivit : Huahin law office.

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HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD
1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.
2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed may be a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.
3.         If not keep it with yourself, only entrust the land deed with someone you can trust.
4.         Avoid signing any blank document especially a power of attorney.
5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.
 6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.
 7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.
8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.
9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)

HOW TO PROTECT YOURSELF FROM SCAM AND FRAUD
1.         Always keep the land deed safe. In case of document lost, immediate informing to the police is recommended.
2.         Avoid making the loan agreement and take the land deed as collateral without a lawyer because such land deed maybe a counterfeit or illegally obtained. Even the land deed is real and legal, the owner may inform the police that it is lost and issue a new one.
3.         If not keep it with yourself, only entrust the land deed with someone you can trust.
4.         Avoid signing any blank document especially a power of attorney.
5.         Before purchasing, accepting a mortgage or a sell with the right to redemption, self-check the location of the land and check the ownership of the land at the local land office. If possible, a prior survey of the land by the expert is recommended.
6.         Recheck your own land at the land office at least once a year whether you have any transaction concerning such land or not.
7.         Every transaction concerning the land must be registered at the land office. In case of purchasing, the land must be immediately transferred if the cost of the land is fully paid.
8.         Avoid making the contract with installment payment more than 2 times. In case you are unable to avoid such, please contact us. We have methods that can protect you but we cannot publicize such methods.
9.         Avoid purchasing the land that has its registration changed frequently. In case you are unable to avoid such, checking the status of the land and its owner more thoroughly by the expert is recommended. (Purchasing the land from the owner who has held the title of such land continuously for more than 5 years does not need to pay for the special business tax at a rate of 3.3% except that such owner is the juristic person.)



Credit By Mr. Kraivit : Huahin law office.

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LITIGATION

Generally, the lawsuit in Thailand is not much different from the other countries except that the Thai court seems to be strict with the court’s procedure. Therefore, the preparation of the case for both suing and defending must not focus only on the laws but also the procedure as well such as the procedure concerning the temporary protection order from the court before the making the judgment.

In case there is a breach of agreement, under the law, you have 2 options;
1) file the case enforcing the defendant to comply with the agreement and
2) terminate the agreement and file the case claiming the paid money and damages from the defendant. The temporary protection order from the court must be in line with the essence of such lawsuit, therefore, if the option 2 is taken and the agreement is terminated, it may not be able to ask for a temporary protection order and may cause a problem in the enforcement after winning the case because the defendant may not have any properties left for seize, for example; Mr. A made prospective sale and purchase agreement for a land with Mr. B by paying in installment. Mr. B then sold the land to Mr. C provided that Mr. C already knew of the agreement between Mr. A and Mr. B, which means, according to the law, Mr. C was not honest. Mr. A will have such abovementioned 2 options to take. If a bad option is taken and Mr. A sue the case requesting the revocation of the sale and purchase between Mr. B and Mr. C, during the proceeding of the court, Mr. C may transfer the land to the third party and the judgment in the case will not affect the third party. In the end, even if Mr. A win the case, Mr. A won’t have the land and may not get a money back from Mr. B because Mr. B may transfer or hide his properties away. This is just one of an example from a real story that can ruin your life if you don’t thoroughly understand the law. Our team is full with lawyers all graduated from the law school and the Thai Bar and have a lot of work experiences in both government and private sections, so our team possesses with profound and in-depth knowledge making us to be able to handle with many complicated cases including family case, business and trading case, real estate case, criminal case and more.

In  Thailand , Huahin.  You can contact Mr.Kraivit : Huahin Legalization

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