ทนายความ คณะกรรมการส่งเสริมการลงทุน (บีโอไอ) ที่ดีที่สุดใน บางละมุง

1. About คณะกรรมการส่งเสริมการลงทุน (บีโอไอ) Law in Bang Lamung, Thailand

The Board of Investment of Thailand (BOI) is the central government agency responsible for promoting investment across the country, including in Bang Lamung. It offers tax and non tax incentives to attract both Thai and foreign investment in targeted sectors and activities. For projects in Bang Lamung, BOI eligibility can support manufacturing, services, and tourism related ventures that align with national policy objectives.

In Bang Lamung, which includes Pattaya and surrounding areas, many investors pursue BOI promotions to leverage tax holidays, import duty exemptions, and streamlined licensing processes. BOI decisions are national in scope, but the location of the project within Bang Lamung can influence sector eligibility and incentive packages. Legal counsel can help tailor applications to local realities such as land use, labor markets, and infrastructure access.

This guide outlines practical considerations for seeking BOI legal assistance in Bang Lamung, including when to consult a lawyer and how local factors interact with national investment law.

2. Why You May Need a Lawyer

A BOI project in Bang Lamung involves complex compliance and multiple regulatory layers. A lawyer can help avoid costly missteps and delays by ensuring accurate filings and robust structuring from the outset.

• Preparing and submitting a BOI promotion application for a Bang Lamung project. A local lawyer can assemble the required investment plan, employment projections, and supporting documents, and align them with BOI criteria for your sector, such as manufacturing, tourism services, or digital products.
• Navigating land and leasing arrangements for a BOI project. If your project uses Bang Lamung land, a lawyer can review lease terms, royalty implications, and compliance with the Land Code for foreign involvement and Thai ownership requirements where applicable.
• Structuring ownership to comply with the Foreign Business Act and BOI rules. A lawyer helps determine whether a Thai majority control structure is needed, or if a BOI promoted entity can qualify for certain exemptions, reducing the risk of non compliance.
• Handling work permits and immigration for foreign staff in Bang Lamung. BOI projects often require skilled foreign personnel; legal counsel can streamline work permit applications and align them with BOI incentives and local employment rules.
• Ensuring ongoing compliance and reporting to BOI after approval. Once promoted, your project must meet ongoing performance, reporting, and audit requirements; a lawyer can set up proper corporate governance and monitoring processes.
• Addressing tax incentives and benefits with the Thai Revenue Department. An attorney can coordinate with tax specialists to maximize benefits while maintaining compliance with promotional conditions and transfer pricing rules.

3. Local Laws Overview

TheBOI operates under national investment law and related statutes. In Bang Lamung, investors should understand how these acts shape applications and post approval obligations.

Investment Promotion Act B.E. 2520 (1977)

This act provides the framework for BOI incentives and eligibility criteria for investment projects in Thailand. It sets out categories of promoted activities, the types of tax and non tax incentives available, and the conditions that projects must meet to receive promotions. As Bang Lamung hosts diverse sectors, many projects rely on this act to qualify for support.

Reading tip: the act has been amended several times to adjust incentives and procedures; your legal counsel can confirm the latest applicable provisions for your sector. See official references for the BOI and Thai legislation for current text and amendments.

Foreign Business Act B.E. 2542 (1999)

The Foreign Business Act restricts foreign participation in certain business activities unless exemptions apply. Even with a BOI promotion, understanding the Act helps ensure compliance around ownership, control, and certain operations in Bang Lamung. It is a key context for structuring ownership and risk management when bringing in foreign investment.

For the official statutory framework, consult Thailand’s legislation portals and the Royal Gazette for the act and amendments.

Land Code B.E. 2497 (1954)

The Land Code governs real property ownership in Thailand. In general, foreigners may not own land, which affects project structuring in Bang Lamung. Promoted entities can sometimes use leases or Thai partner structures to secure land use, but specific arrangements require careful legal review.

Investors should consult with a local attorney about long term lease options, land titles, and potential use of Thai-entity ownership to meet regulatory requirements.

Key note: In addition to these acts, BOI regulations and Thai corporate law will influence a project in Bang Lamung. Always verify current text and practice with a licensed Thai attorney.

4. Frequently Asked Questions

1. What is the BOI and how does it apply in Bang Lamung?

The BOI is a Thai government agency that offers investment incentives nationwide. For Bang Lamung, the agency evaluates sector eligibility and grants promotions once criteria are met.

2. How do I know if my Bang Lamung project qualifies for BOI?

Qualification depends on sector, investment amount, and employment goals. A lawyer can assess your business plan against BOI promoted activities and thresholds.

3. When should I hire a lawyer for a BOI application in Bang Lamung?

As early as during project scoping, to ensure correct sector selection, documentation, and structuring for the promotion and post approval compliance.

4. Where do I submit the BOI application for a Bang Lamung project?

Applications are submitted via the BOI's online system. Your attorney can guide you through the portal setup and submission process.

5. Why might I need Thai corporate structuring for a BOI project?

Structuring can affect ownership, tax incentives, and compliance with the Foreign Business Act and Land Code for Bang Lamung operations.

6. Can foreign nationals work on a BOI promoted project in Bang Lamung?

Yes, if the project obtains the necessary work permits and aligns with BOI incentives. Immigration counsel is often needed.

7. Should I worry about land ownership when planning a Bang Lamung BOI project?

Yes. Foreign land ownership is restricted. Discuss lease arrangements or Thai-owned land structures with a lawyer.

8. Do I need to prepare an employment plan for BOI approval?

Yes. The BOI typically requires projected local employment targets as part of incentive considerations.

9. Is the BOI approval timeline predictable in Bang Lamung?

Approval timelines vary by sector and completeness of documents. Typical initial decisions take 2-4 months, with possible extensions.

10. How much do BOI legal services cost for a Bang Lamung project?

Costs depend on project complexity, but budgeting for legal review, document preparation, and correspondence is essential.

11. What is the difference between a BOI promoted project and a regular investment?

A promoted project receives tax and non tax incentives under the Investment Promotion Act, while a non promoted project does not.

5. Additional Resources

• Board of Investment (BOI) Thailand - Official government authority for investment promotions, guidance on eligible activities, incentives, and application procedures. BOI official website
• Thai Legislation (Kris Dika) Portal - Official access point for Thai laws and amendments, including the Investment Promotion Act and Foreign Business Act. Krisdika
• ราชกิจจานุเบกษา (Royal Gazette) - Official publication of Thai laws and amendments; primary source for legal texts related to land, business, and investment. Royal Gazette

6. Next Steps

1. Define your Bang Lamung project scope and eligibility. Clarify sector, investment amount, and employment targets in writing. Timeline: 1-2 weeks.
2. Consult a Bang Lamung-based or Bangkok-based investment lawyer. Choose a lawyer with BOI application experience and local knowledge of Bang Lamung regulations. Timeline: 1 week to shortlist and initial meeting.
3. Prepare a project plan and supporting documents. Compile business plan, financial projections, and local labor forecasts tailored to Bang Lamung. Timeline: 2-4 weeks.
4. Submit the BOI promotion application online with professional review. Your attorney should review all forms and ensure alignment with BOI criteria. Timeline: 6-12 weeks for initial review; longer if responses are required.
5. Respond to BOI inquiries promptly and provide supplementary documents. Address any queries within the BOI's stated response window to avoid delays. Timeline: 2-6 weeks per inquiry cycle.
6. Finalize the approved promotion and implement compliance measures. Set up accounting, reporting, and governance processes aligned with BOI obligations. Timeline: 2-8 weeks post approval.
7. Maintain ongoing compliance and preferred status. Schedule annual reporting, audits, and license renewals; consider periodic strategy reviews with your counsel. Timeline: ongoing, with annual cycles.