How is taking away a person for ransom?

Any person taking another person away forcefully or by deception for ransom shall be imprisoned from fifteen to twenty years or imprisonment for life. He/she mat be punished with death, however.

- Taking away a person not older than 15 from his or her guardian or from person caring him/her without a reasonable cause shall be punished with imprisonment from three to fifteen years. Therefore, a foreigner has to be very careful about this.

 Any person trading the person so taken away is punishable with imprisonment from five to twenty years and fine from ten thousand to forty thousand baht.

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

Continue

Community radio allowed back on air

The decision was announced by Thakorn Tantasith, secretary-general of the NBTC, following approval by the National Council for Peace and Order (NCPO).

He said 600 of the stations passed inspection of equipment and technical standards. The station operators must report to the NBTC regional office to register, after which they can immediately begin broadcasting. The stations will be listed on the NBTC website.

The operations of another 4,100 stations had also been approved, but their equipment had not been checked. They could resume broadcasts once they passed a technical inspection and their names were listed on the website.

Another 1,700 stations were in the process of;test broadcasts, and the NBTC would speed up the approval process.

There were another 3,000 illegal community stations which would not be able to resume operations.

If these station operators break the law, they could face up to three years in jail and/or a three million baht fine.


thank for www.bangkokpost.com

Continue

Child malnutrition rate remains high in Thailand

BANGKOK, May 27 -- The rate of child malnutrition in Thailand has increased, between 2006 and 2012, according to a survey on the situation of children and women in Thailand.

The National Statistical Office (NSO) and the United Nations Children's Fund (UNICEF) Thailand announced the survey on Tuesday, revealing that the rate of malnutrition among children in Thailand in 2012 remained high compared with that in 2006.

The survey, conducted with children and women in 27,000 households nationwide in 2012, shows children in the Northeastern and Southern regions are more underweight and stunted than those in other parts of the country, while children in the Central region have higher rates of obesity than those in other regions.

The finding also reveals only 75.1 per cent of all children aged 12-23 months were vaccinated against all diseases and that infants under the age of 6 months are breastfed 5.4 per cent more compared to the rate in 2006. (MCOT online news)

thank : http://www.chiangmai-mail.com

Continue

Weapons confiscation continues after coup

BANGKOK, May 27 -- After the military took over power in Thailand six days ago, officers have continued operations searching for and confiscating weapons which they said belonged to political protesters. 

In the latest raid, officers had found more weapons and ammunition at the site.

A task force of some 30 police and army officers raided a 40-rai longan farm in Muang Jee subdistrict of Lamphun's provincial seat, after learning that political protesters have been practicing using weapons there.

During the seizure, five men suspects fled into the nearby woods.

The authorities confiscated three motorcycles, guns, ammunition, along with bulletproof vests, as well as equipment used in political protests. The seized evidence was taken for further investigation. (MCOT online news)

thank : http://www.chiangmai-mail.com

Continue

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 lawyer office.
If you are in Thailand, Hua Hin, you can request a consultation  huahin solicator at K-huahinlawyer.com. 

Continue

WHAT IS WORK PERMIT ?

A  foreigner  is  entitled  to  work  only  with  work  permit  issued  by  the  Thai authority  specifying  the  job  and  the  work  place.  Note  that  he  cannot  work  elsewhere  other  than the  site  specified  without  approval  of  the  authority  concerned.

A  foreigner  eligible  to  apply  for  a  work  permit  must  be  the  holder  of  non –immigrant  visa.  A  tourist  cannot.  Remember  that  the  visa  must  be  obtained  from  the  Thai consulate   in  the  country  outside  Thailand.  Visa  cannot  be  changed  of  its  type  in  Thailand.

However,  some  foreigners  speaking  English  break  the  law  by  teaching  English here,  and  the  Thai  authority  tends  to  overlook  them  probably  because  these  people  are  peacefuland  they  are  needed  by  the  Thai  schools.

By  huahin   Business   lawyer

www.k-huahinlawyer.com

Continue

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. 

Continue

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.

Continue

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.

Continue

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

Continue

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 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 lawyer office.

Continue

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 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 Ms. Kraivit : Huahin law office.

Continue

ADVICE OF CONSIDERATION FOR SUPPORTING YOUR DECISION

Advice of consideration for supporting your decision :

-          Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.
-          Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.
-          Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties.  Surely, the person who will understand this matter shall be the legal officer only.

-          The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act.

Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property.

Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.

The Status of Property Relation between the Husband and Wife:
If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.

The Transfer of Property or Grant of Property in Succession to the Heir:
It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.
Advice of consideration for supporting your decision :

-          Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.
-          Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.
-          Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties.  Surely, the person who will understand this matter shall be the legal officer only.

-          The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act.

Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property.

Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.

The Status of Property Relation between the Husband and Wife:
If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.

The Transfer of Property or Grant of Property in Succession to the Heir:
It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.


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 Ms. Kraivit : Huahin lawyer office
If you are in Thailand, Hua Hin, you can request a consultation. k-huahinlawyer.com

Continue

ADVICE OF CONSIDERATION FOR SUPPORTING YOUR DECISION

Advice of consideration for supporting your decision :

-          Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.

-          Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.

-          Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties.  Surely, the person who will understand this matter shall be the legal officer only.

-          The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act.

Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property.

Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.

The Status of Property Relation between the Husband and Wife:

If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.

The Transfer of Property or Grant of Property in Succession to the Heir:

It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.

Advice of consideration for supporting your decision :

-          Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.

-          Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.

-          Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties.  Surely, the person who will understand this matter shall be the legal officer only.

-          The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act.

Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property.

Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.

The Status of Property Relation between the Husband and Wife:

If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.

The Transfer of Property or Grant of Property in Succession to the Heir:

It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.

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 Ms. Kraivit : Huahin law office

Continue

HUAHIN LAW OFFICE

Huahin law Office : 21/93 Western railway Rd., HuaHin , Prachuabkirikhan , 77110 , Thailand
Phone +66(0)32-900408
Fax +66(0)32-900408
E-mail kraivit.huahinlawyer@gmail.com

HUAHIN LAW OFFICE

Continue

HUAHIN LEGALIZATION : The law is enforced as a rule within the Thai territorial jurisdiction to maintain peace within the Territory ?

HUAHIN  LEGALIZATION : Therefore whoever commits a crime in Thailand shall be punished in Thailand except those who have immunity under public international law such as foreign sovereigns or their representatives like diplomatic persons and personnel of international organizations may not be liable for punishment. However a foreign prisoner in Thailand may request the authorities for continuing imprisonment in his or her own home country because nowadays Thailand has an exchange of prisoners treaty with so many countries. So under such a treaty a prisoner who has served imprisonment term for a certain period of time can request the penitentiary authority for continuing the remaining period of punishment in his or her own homeland . HUAHIN  LEGALIZATION

Continue

The law is enforced as a rule within the Thai territorial jurisdiction to maintain peace within the Territory ?

therefore whoever commits a crime in Thailand shall be punished in Thailand except those who have immunity under public international law such as foreign sovereigns or their representatives like diplomatic persons and personnel of international organizations may not be liable for punishment. However a foreign prisoner in Thailand may request the authorities for continuing imprisonment in his or her own home country because nowadays Thailand has an exchange of prisoners treaty with so many countries. So under such a treaty a prisoner who has served imprisonment term for a certain period of time can request the penitentiary authority for continuing the remaining period of punishment in his or her own homeland .

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

Continue