Topic :  The Acquisition of Land for Residential Purpose by Aliens

Detail :  An alien bringing money not less than Baht forty million as specified in the Ministerial Regulation into the Kingdom for investm may apply for acquisition of land for residial purpose not more than one rai in area, provided also that permission must be obtained from the Minister. Under section 96 bis of the Land Code, the application for such acquisition of land shall be in accordance with rules, procedures and conditions prescribed in the Ministerial Regulation as follows:

1. In the case of an alien, who brings money for investm and wishes to apply for permission to acquire land for residial purpose, shall lodge an application (Alien 4 Form) to the compet official under section 71 of the Land Code together with the following docums:

1.1 An alien idification card issued by the Police Station in whose

jurisdiction the alien is domiciled or a certificate of residence issued by the Immigration Division, National Bureau of the Royal Thai Police Force or a passport indicating the nationality of the alien;

1.2 Evidences of an investm in the business or activity that falls under Ministerial Regulation prescribing rules, procedures and conditions concerning the acquisition of Land for residial purpose by aliens B.E. 2545:

1.2.1 Letter of investm confirmation from bond seller and bonds of

Thai Governm, bonds of Bangk of Thailand, bonds of State Enterprise or bonds which the Ministry of Finance secures the capital or interest;

1.2.2 Letter from the Asset Managem Company confirming that an alien has invested in property mutual fund, property mutual fund or mutual fund for resolving financial institution problems established under the law on Securities and Stock Exchange, and an evidence of investm in such fund;

1.2.3 Evidences concerning investm in share capital of a juristic person who is granted promotion of investm under the law on promotion of investm, certificate of registration as a juristic person, name list of the juristic person’s share holders, and a certificate indicating that such juristic person is granted promotion of investm from the Board of Investm;

1.2.4 Evidences of engagem in an activity that itles for being granted promotion of investm under the law on promotion of investm according to the announcem made by the Board of Investm, certificate of registration as a juristic person, name list of the juristic person’s share holders, and the Board of Investm’s letter indicating that an activity being operated itles for being granted promotion of investm.

The evidences mioned in para. 1.2.1 to 1.2.4 either the evidence in one para. or one combines with the other(s) can be used but the total amount shall be not less than Baht forty million.

1.3 Evidences of bringing a foreign currency into the Kingdom or the withdrawal of themoney from a foreign currency account or from a non-resid Baht account for investm.

Either one or more of the above mioned evidences can be used but the total amount shall be not less than Baht forty million.

1.4 In the case of the land to be acquired is not located in Bangk Metropolis, Pattaya City or Tessaban (Municipality); the letter of confirmation from the Provincial Office of Town and Country Planning is required certifying that the land to be acquired is located within a residial zone under the law on Town Planning.

1.5 Letter of Ministry of Defense or of the agency concerned confirming that such land is not located in a military safety zone under the law on Military Safety Zone.

1.6 The sketchy map showing the location of land sing for permission.

1.7 In the case where an applicant has already had right on land by

the time the application is being lodged, an applicant shall produce such land right docum;

2. A person who is granted permission shall maintain the investm period not

less than five years. He/she is required to produce the evidence of possession in the investm in 1.2 as the case may be as curr, which shall be not less than Baht forty million, to the compet official according to section 71 once a year, on five consecutive years and each year shall be no later than the date making the acquisition registration of the aforemioned land.

3. A person who is granted permission shall utilized such land for a residial

purpose of his/herself and the family in a way that is not contrary to the local custom or living of the local community.

4. A person who is granted permission shall inform such land utilization for a

residial purpose to the compet official of land office according to section 71 within sixty days as from the date of utilization.

5. A person who is granted permission shall facilitate the compet official supervising the use of such land to ensure that the utilization is in accordance with rules and conditions prescribed in the law once he/she receives a written notifications from the compet official under section 71.

6. If a person granted permission withdraws an investm in the business or activity before

the due date of investm in 2, he/she shall inform in writing to the compet official according to section 71 within sixty days as from the date of making the withdrawal.

7. A person granted permission shall utilize such land for residial purpose within two

years as from the date of the land acquisition registration.

8. If a person granted permission does not comply with the rules and conditions in 2-6, the Director General shall have the power to order such person to dispose of the land in a portion of his possession within the period of not less than one hundred eighty days and not more than one year. If the time limit elapses the Director General shall have the power to dispose of such land. Also, if the person does not comply with the condition in 7, the Director General shall have the power to dispose of such land.

9. Any foreign language docum shall be translated into Thai language. The

translation shall be certified according to the Ministerial Regulations (B.E. 2540) issued under the Purview of Administrative Procedure Act B.E. 2539. (Phraratchabunyat Vithipratibut Ratchakarn Thangpkhrong B.E. 2539)

10. In the case of a person bringing money into the Kingdom to the amount of Baht forty million for investm and has bought the land less than 1 rai, if later and within the period of investm, that person wishes to buy additional land, in this instance, the docums attached to the curr investm can be used along with the application for acquisition of the additional land

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From :  Narathip