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Ministerial Regulation
Prescribing principle,
procedure and condition
For land acquisition to be
used as alien living quarter
B.E. 2545
_____________________
By virtue of the provision in Section 15 of
the Act on Land Code Declaration B.E. 2497 and 96 Bis of Land
Code with amendments by the Act on Amendment of Land Code (issue
no. 8) B.E. 2542 which is the Act having some provisions
concerning restriction of right and freedom of persons, in which
Section 29 in addition to Section 35, 48 and Section 50 of the
Constitution of the Kingdom of Thailand has prescribed it can be
done by virtue of the legal provisions, the Minister of Finance
issues the ministerial regulation as follows :
Clause 1 The aliens wishing to acquire land
as living quarter without relying on the treaty provision
specifying to have ownership in real estate, must bring money to
invest in business or venture in any of the following categories
:
(1) Buying Thai government bond, Bank of
Thailand bond, state enterprise bond, or bonds of which Ministry
of Finance guarantees capital or interest.
(2) Investment in real estate mutual fund,
real estate mutual fund for rectifying problem in financial
institution system or mutual fund for rectifying problem in
financial institution system which have been established under
law governing securities and securities exchange.
(3) Investment in share capital of juristic
person being granted investment promotion under law governing
investment promotion.
(4) Investment in business proclaimed by
the Board of Investment to be eligible to apply for investment
promotion under law governing investment promotion.
Volume 119, Part 7 A Government Gazette
18th January 2002
The investment amount in the business or
venture under paragraph one must not be less than forty million
baht and such investment shall be maintained for not less than
five years.
Clause 2 The land acquired by aliens under
Clause 1 must be located in Bangkok Metropolitan, Pattaya City
or municipal area or located in area specified as living quarter
area under law governing town planning and must be outside
military safety area under law governing military safety area.
Clause 3 Application for permit of land
acquisition under Clause 1, shall be submitted as per Form Tor 4
annexed to this ministerial regulation to the competent officer
under Section 71 together with document and evidence stipulated
in Form Tor 4.
Clause 4 When the competent officer under
Section 71 considers, upon receiving the application together
with document and evidence under Clause 2 and has them verified,
that the documents are all right and the applicant is an alien
under principle to acquire land under Clause 1, the officer
shall forward the related document and evidence to the director
general for proposing to the minister.
Clause 5 When the minister has considered
with order whatsoever, the competent officer under Section 71
shall inform the result of consideration in writing to the
license applicant by sending to his residence in Thailand as
stipulated in the Form Tor 4.
Clause 6 The permitted applicant must
utilize that land for own living quarter and family with no
contradiction to moral, tradition or good ways of life of the
community in that locality.
Clause 7 The permitted applicant must
inform land utilization as living quarter to the competent
officer under Section 71 for acknowledgement within sixty days
from the date starting land utilization.
Clause 8 Having been informed in writing
from the competent officer under Section 71, the permitted
applicant is obliged to suitably facilitate the competent
officer to oversee land utilization to be in line with principle
and condition specified by law.
Clause 9 If the permitted applicant
withdraws the investment in the business or venture under Clause
1 prior to the end of investment term under Clause 1 paragraph
two, he must inform the competent officer under Section 71 in
writing within sixty days from date of investment withdrawal.
Given on 11th January B.E. 2545
Sombat Uthaisang
Deputy Minister of Interior
Acting for Minister of Interior
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