Question 1

How far must company documents be certified for export use?

Accepted Answer

It depends on who receives it. A private counterparty usually accepts a certified copy of the company affidavit with a translation signed by a director. Where the recipient is a government body, or the document supports a letter of credit, it normally needs consular legalisation and endorsement by the destination embassy. The usual delay is an affidavit older than the recipient allows — many countries accept only documents issued within three to six months. Confirm the age rule with the recipient before starting the legalisation chain.

Question 2

Does an English certificate of origin need a Thai translation?

Accepted Answer

For most domestic uses, no — the form is standardised and officers read it directly. When the certificate becomes evidence in litigation, supports a tax refund, or is filed with a non-customs agency, a signed Thai translation is normally requested. The point to watch is that the goods description must be rendered to match the tariff wording on the entry declaration, not the commercial brand name, or the same file ends up contradicting itself.

Question 3

How is a foreign-language machinery inspection certificate filed?

Accepted Answer

Attach a Thai translation whenever it goes to a safety regulator or supports an installation permit. The translation must carry the original figures, units, and standard codes unchanged — never convert units yourself, because a rounding difference of a fraction makes the declared value disagree with the application form and the file bounces. Where the original cites a standard Thailand does not reference, attach a comparison table so the reviewing officer can check it quickly.

Question 4

Does a foreign technician here briefly to install machinery need a work permit?

Accepted Answer

Yes — installation and commissioning count as work even for a few days. There is an urgent-and-necessary work route for short, time-bounded tasks that fits this better than a full permit application. The common mistake is bringing the technician in visa-exempt and starting immediately, which exposes both the technician and the plant that engaged them.

Question 5

Where do foreign staff living in Samut Prakan file the 90-day report?

Accepted Answer

At the immigration office covering where the person actually lives, not where the company sits — so staff working in an estate but living in Bangkok file somewhere different from their colleagues. The online channel works only when the address on file matches the residence notification the householder submitted; when it does not, the system rejects and the report must be made in person. Align both records on the first day of the move.

Question 6

Does a factory providing dormitory housing have to notify residence?

Accepted Answer

Yes. Anyone providing accommodation to a foreign national must notify within the statutory window, whether or not rent is charged, so a factory dormitory sits in the same position as a landlord. Assign one owner for the task and run every building through a single online account — the failure we see is two departments each assuming the other filed, so nobody did, and the penalty surfaces when the employee next renews.

Question 7

How should a Samut Prakan exporter claim VAT refunds without triggering a review?

Accepted Answer

Consistency across three sets: input tax invoices, cleared export entries, and evidence of payment received from abroad. When all three point to the same transaction, refunds run smoothly. Reviews are triggered by export sales in the return that do not tie to the entry declarations, and by payments received through an intermediary whose name differs from the buyer on the invoice. Reconcile monthly rather than waiting for year end.

Question 8

When can import duty already paid be recovered?

Accepted Answer

The common routes are duty relief on inputs imported for manufacture and re-export, and overpayment caused by a misclassified tariff heading. Both carry strict filing deadlines and both require lot-level evidence linking imported inputs to exported goods. Businesses that did not design the tracking up front usually cannot prove the link and lose an entitlement they genuinely had. Confirm conditions and deadlines with the Customs Department before building the process.

Question 9

What withholding applies to freight and warehousing charges?

Accepted Answer

Domestic transport and general services carry different withholding rates, and misclassification is the most common issue in logistics because a single invoice bundles freight, storage, and clearance handling. The safe approach is to require the provider to itemise by service type and withhold line by line. Confirm current rates with the Revenue Department or your accountant before configuring the system, since rates and exemptions are adjusted periodically.

Question 10

Does a small workshop in Samut Prakan need a factory licence?

Accepted Answer

Installed machine power and headcount decide the class. The smallest brackets are handled by notification to the local authority; higher brackets need a licence carrying environmental conditions. The recurring problem is a business that started small and added one machine at a time until it crossed the threshold without notifying. Recalculate total power on every addition and confirm your class with the Department of Industrial Works before investing.

Question 11

Does storing goods for third parties require a specific licence?

Accepted Answer

Storing your own stock and taking custody of other people's goods sit under different rules. Commercial custody can fall into a licensed activity with added safety and insurance requirements, especially where hazardous materials are involved. Watch for a contract labelled as a space lease where in practice the operator controls the goods and issues receipts — a court looks at the substance, not the label.

Question 12

What can a foreign company's representative office near Suvarnabhumi actually do?

Accepted Answer

A representative office may only carry out non-revenue activities such as sourcing, quality inspection, and reporting market movements to head office. It may not negotiate price, take orders, or invoice in its own name. Companies slip when local staff start closing sales on head office's behalf, which converts the activity into doing business that requires a licence. If the model genuinely needs to collect revenue, incorporate a limited company from the outset.

Question 13

What should be checked in a factory or warehouse lease before signing?

Accepted Answer

At minimum four things: that zoning permits the actual intended use, that floor loading and electrical capacity match requirements, who bears the cost of upgrades needed to pass regulator inspection, and the make-good obligation at expiry. The most expensive disputes here are make-good — a tenant installs permanent structures and is then required to strip everything out with no budget set aside.

Question 14

Is there anything special to check on coastal or canal-side land here?

Accepted Answer

Yes. Check the parcel boundary against the public watercourse line and any local setback rule, because some canal-side plots have materially less usable area than the title suggests once setbacks are deducted. Also check ground level and flood history before finalising the building design — raising a slab later costs far more than designing correctly at the start. Obtain boundary information from the land office directly rather than relying on the seller's site plan.

Question 15

What costs arise when transferring land into a company for factory use?

Accepted Answer

Registration fees computed on the appraised value, withholding tax borne by the seller, plus whichever of specific business tax or stamp duty the holding period dictates. Once the company holds it, the annual land and building tax applies at the commercial-use rate, which is higher than residential. Model both the one-off and the recurring burden before deciding, and confirm current rates with the land office and the local authority.

Question 16

How does a factory reducing output lay off staff lawfully?

Accepted Answer

Be clear that this is a business-reason termination, not a misconduct dismissal — the compensation basis is entirely different. A business-reason exit calls for statutory severance scaled to service, and pay in lieu whenever the notice given fell short, and where headcount is cut because machinery or process was upgraded, the law adds notification conditions and special compensation. What loses these cases most often is selecting individuals with no criterion you can explain.

Question 17

Are a contractor's workers inside our plant our employees?

Accepted Answer

Under labour law a business that has contractors working in its own operation can be jointly liable for wages and certain entitlements if the contractor fails to pay, so this is not purely a matter between the contractor and its staff. Reduce exposure by requiring proof of wage payment and social security remittance each month before releasing progress payments, and keep a register of who actually entered site alongside access records.

Question 18

What must be done on day one after a production-line accident?

Accepted Answer

Care for the injured person, preserve the scene so far as it is safe, notify the regulator within the prescribed window, and file with the workmen's compensation fund. Then capture evidence the same day: photographs, machine logs, and witness statements. What damages the employer's position later is clearing the area quickly to restart the line, leaving no record of cause and an unfavourable inference when the dispute arrives.

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