October 2003 94th Issue

Proposed New Road Still Big News

The proposed 50 billion Baht motorway running from Samut Sakhon across the sea to Cha Am continues to make news, with 1,200 families likely to be affected by the expropriation of land.
The 128 km road will have a 47km stretch built above the sea.
Residents of the whole region are concerned about the environmental impact and the strength of the elevated sea section to withstand heavy weather and storms.
The proposed toll way with cut up to 30 minutes from the Bangkok - Hua Hin trip thereby increasing the popularity of the resort.
With hotels and guest houses already full at peak periods, where will the influx of Bangkok visitors stay?

Warning from the Highway Police

The deputy of the Highway Police issued a warning to motorists recently to stay with their cars during refuelling as bandits in disguise can tamper with the vehicles, then pretend to be saviours and cause more damage to increase the repair bills.
The Highway Police has received many complaints from car owners victimised on highways including the Rama II highway from Dao Khanong to Pak Tho in Ratchaburi.
The scam works because the villians know attendants at petrol stations who approach the victims cars and puncture tyres or radiators, while the car owner leaves the vehicle unattended for a short period during refuelling.
The punctures are small enough to allow the car to be driven a short distance, the bandits then follow, when the vehicle breaks down the criminals pretend to help while making the problem worse, they then advise the victim to go to the gang’s garage where the car will be further damaged and the victim overcharged.
The highway police arrested six suspects from two such gangs last month.
But similar gangs are still operating, and motorists should not leave their vehicle unattended to go to the toilet or minimart while refuelling.
Motorists can call the highway police at 1193 for help 24 hours a day.

Only 90!

With the recent “crackdown” on immigration officers bolstering their paypackets by accepting postal applications for visa renewals, and the need for a romantic break, it seemed like a good idea to kill a stone lion with two birds, as it were, and have a look at Singapore at the same time.
Good work by Tom at DTC Travel ensured a great package of Singapore Air flights and the City Bay View hotel (near the famous Orchard Road, the shopalholics heaven).
While Singapore has a lot to offer, it is not the place to go for a few beers, with a small bottle of Tiger selling at over 200 Baht, so the romantic early night seemed like a good idea, except for the fever which was beginning to kick in, this meant that the only thing rising was the temperature.
Never mind get the visa done tomorrow and away we go.
Getting around the island is easy, with taxis, buses and the magnificent MRT underground all cheap and efficient, so finding the Embassy was no problem, and finding myself three places from the front of the queue looked good for a quick exit also.
It was then that I noticed the immigration officer was an unhappy looking person of the female variety, the guy in front of the glass was a cross between Worsel Gummage and John Cleese on steroids, all he kept saying was: “Yea but!” “Yea but!”, she told him to move away from the window, which, with his head hung low he did, next in line was an aggressive Scotsman. He had mentioned she didn’t know her job, she threatened to blacklist him, and his stormy departure left me in front of the window.
“No the visa can only last as long as the work permit”, “but the work permit can only be issued with a visa” “last year I got a year visa in Penang”, “that was Penang, this is Singapore”... that was the gist of it, and it was no good arguing. So 90 days was all that was on offer. Never mind we’ll try Hong Kong in 3 months! Tom get the tickets ready.

Tips to make your holiday smooth

Thai people believe the head is the most sacred part of the body. Refrain from touching a Thai person on the head.
The feet should not be used for pointing at people or objects.
The Buddhist faith is strong here, it is considered disrespectful to wear beach clothes to a temple, or to climb over Buddha images.
The Royal Family is deeply loved, and speaking ill of any its members is considered a serious matter.
Displays of affection in public is poor form as is topless sunbathing.
Most independent small businesses and street vendors are open to bargaining. All discussions should be done in a friendly manner.
Thailand and in particular Hua Hin/Cha Am remain very safe for tourists with almost no violent crime, pickpockets and credit card crime rares its ugly head from time to time.
Respect for the police should be shown at all times, they do not take kindly to rude or loud talk.
Take particular care on the road, motorbike spills are very common and can ruin your holiday. If you hire a motorbike and it is damaged, you will have to pay for its repair. The major car hire companies do have insurance, but check first. An accident can be very costly.

Remember these Thai phrases throughout your stay “Sanuk” which describes anything which is fun, and “Mai pen rai” which means never mind, and all will be well!

Royal welcome at the Dusit

Prince Akishino and Princess Kiko of Japan together with their daughters Princess Mako and Princess Keko are welcomed to Dusit Resort and Polo Club by John Gill the hotel’s resident manager and his team. Their Imperial Highness’ were here to attend an audience with Their Majesties the King and Queen at Wang Klaikangwol Palace.

Hilton Phuket Arcadia

HILTON International will manage the Phuket Arcadia, which will be rebranded as the Hilton Phuket Arcadia Resort and Spa, from October 1 next year.
The announcement marks the third addition, in as many months, to Hilton’s portfolio on Thailand’s Andaman coast and the fourth Hilton Worldwide Resort in Thailand. A multi-million dollar refurbishment of the property’s 255 guest rooms, f&b outlets and meeting rooms.
Hilton’s Middle East and Asia Pacific president, Mr Koos Klein, said the growing cluster of Hilton properties in Thailand comes from a strong conviction the country will become one of the largest upmarket resort destinations in Asia.
Mr Klein declined to comment on the expectation that Hilton will sign contracts on three properties in Bangkok at the end of this year. A boutique hotel in Surawong Road, a hotel by the river opposite the Royal Orchid Sheraton and a Scandic in Phetburi Road are all on the cards.

Rotary News

Another busy month for Hua Hin Rotary President and members. Pic below shows Mayor Khun Jira Pongpaiboon with District President of 3330 Rotay International Khun Sermsak Piyataam, and local President Dr Danai Adoolyasak at the unveiling of a new community signboard.

Elephant Polo Success

Chris Stafford and his team from Anatara Resort and Spa brilliantly organised this year’s Elephant Polo Tournament. Worldwide media coverage helped in the aim of raising 1.5 million Baht for the National Elephant Institute’s conservation centre in Lampang in the north of Thailand.
The event was ‘kicked off’, (possibly not the right term), with the hacks match, The Bangkok Post vs The Nation, one or two journo jockeys looked more worried about hanging on to their seats, than to hitting the ball.
This match was quickly followed by a Thai Star team against an International Star team, the level of skill was much higher in this one, as some of the stars had played before.
Great fun was had by all and roll (or should it be rumble) on next year.

SHILLER-STAMFORD HONOURED BY PRINCESS UBOL RATANA VISIT

Shiller-Stamford International University was honoured by Princess Ubol Ratana, who gave a Royal Address at the Fourth Commencement Ceremony.
She warmly congratulated the students who gained their bachelor or master degrees and all parties in their efforts in achieving University status in such a short time.
Princess Ubol Ratana was received by The Founder Mr Pongphan Sampawakoop, The University Council Chairman Prof. Dr. Chira Hongladarom, The President Prof. Dr. Phaiboon Changrien, Commander, Chief Judge of the Petchburi Provincial Court, Petchburi Military District Commanding Officer, Faculty Members, Students and other distinguished guests.
Graduates in this year’s international program received their degrees in Business Administration, Bachelor of Arts, and Bachelor of Science and Technology.

NEW IMMIGRATION RULES - RULING OUT THE FOREIGNERS?

Our good friend David Hardy deputy editor of Good Morning Chiangmai has been given an official preview of the proposed new immigration regulations due to come into force next July. David interviewed Lt-Col. Banpote Kittiweera of the Chiangmai Immigration Police. Here follows his report which he was gracious enough to allow the Observer to print.
If you wish to read it in Thai or get the views of expats in Chiangmai click onto www.gmorning.info

The following new proposals are due to be made law and put into effect by July next year. They could have profound effects on foreigners applying for 1 year visas because they run small businesses in Thailand – and/or those wishing to stay here due to their marriage to a Thai national, or other family links. In all cases we have used the most direct possible translation of the Thai proposals.
A foreign husband wants to look aftera Thai wife
This is not allowed unless they are fully legally married and the husband has a high income to support the wife. Evidence to submit: marriage certificate, birth certificate, evidence of husband’s financial situation, a letter to show his work status, work permit, proof of the wife’s Thai nationality, record of the relationship, evidence from the husband’s Embassy to prove he was single at the time of marriage. This is not required if the couple have a child with a birth certificate.
The foreign husband must have not less than 400,000b in the bank and earnings of at least 40,000b per month. If the officer suspects this is not the case he can check with the bank in case the applicant withdraws almost all the money. This is not allowed. If the foreigner married a Thai national before entering the country the officer will inspect his previous visa stamps and the marriage certificate.
If the couple have a marriage certificate and a child but all papers cannot be submitted the officer will interrogate them. If they can be trusted, the foreigner will be given a once-only visa valid for 6 months only. When living together as husband and wife, the officer will check their status every 3 and 6 months. If there is any doubt he will inspect their residence before accepting the application. If the wife leaves Thailand, the officer will interview her relatives and neighbours every 6 months.
If the applicant applies in Bangkok and there are not enough inspectors, officers in other branches will assist.
A foreigner wants to stay until the endof their life.
A foreigner who entered the Kingdom before October 21st, 1998 must be no less 60 years of age and must have regular income of not less than 20,000b per month and savings of not less than 200,000b and must submit a bank book with at least 3 months record of savings. If the applicant is under 60 but not under 55 they must have regular income of not less than 50,000b per month and savings of not less than 500,000b and submit a bank book with at least 3 months records.
Evidence of income (eg pensions) and evidence of the necessity to stay here permanently must be submitted.
In cases where the applicant has only savings, they will be interrogated as to their situation once the savings are finished, how other income will be received and from where. Movement of funds in the bank account will be inspected and evidence must be shown that money is transferred through the bank regularly.
A husband with a Thai wife and children who are too young to go to school or mentally or physically disabled is allowed. Not more than one year each application is allowed.
A foreigner who entered the Kingdom after October 21st 1998, aged 55 years or over must have the same financial evidence, also 800,000b in the bank, an income of not less than 65,000b per month or income and savings together of not less than 800,000b. A letter from a Thai bank must certify this and a letter from the foreigner’s Embassy or Consulate must confirm the monthly income. Evidence must be shown of the need to stay permanently. Not more than one year each application is allowed.
A foreigner who entered the Kingdom since 15th November 2001 and who is 50 years or older must have income as follows: not less than 65,000b per month, at least 800,000b in the bank or income and savings together of that amount. Evidence from a Thai bank and Embassy or Consulate as above, the need to stay permanently as above, also a doctor’s certificate to say that the foreigner does not have any infectious disease according to the Health Ministry details issued on November 14th 1992. Examples include TB, malaria, elephantisis.
To look after or be looked after by a Thai national
A foreign parent looking after a child who is a Thai national related by blood, or because the parent lives in Thailand. This is usually not allowed unless good reasons and evidence can be shown.
Evidence must comprise proof of parenthood by birth certificate, plus records showing that the parent has cared for the child already. A financial statement must be provided showing not less than 400,000b in the bank or earnings of at least 40,000b per month.
If the parent is under 50 years of age, he or she must have a job and a work permit. For the first application in a case where the parent does not have a job, he or she will be allowed to stay for only 9 months with a condition that by the next application he or she must be working. Otherwise the person will be asked how they earn a living. The year after, the person must submit evidence of payment of income tax.
In a case where the person has only savings in a bank, they will be interrogated as to where the money has come from, what the person will do when it is used up and from where other funds will come. The person’s bank account will be inspected for the movement of funds.
A foreign parent who wants to look after an adopted Thai child living in Thailand is not allowed. The officer will inspect the adoptive parent’s bank book for evidence of money transfers from abroad and the applicant must have a letter from their Embassy or Consul certifying this income. If the parent wishes to stay to look after a Thai child having divorced the child’s mother, and the child is his responsibility, he will be interrogated. His evidence and that of neighbours will be taken to determine if the couple were really married and if the child is really their own. Blood will be tested to check if parent and child are really related. If this test fails the application will not be allowed.
A foreign parent needs to be looked after by a child who is a Thai national living in Thailand. This is allowed if evidence can be shown of the relationship, eg birth certificate and from the child’s evidence. Blood will be tested and if the group is the same, a DNA test will be carried out before the application is allowed. Allowance also depends on the child’s financial situation. The child must show evidence of status, career and income. They must have 400,000b in the bank for one year and earn at least 40,000b per month. Less than this and the application will not be allowed.
A foreigner who wishes to look after a father or mother of Thai nationality, living in Thailand. This is allowed, based on the status, career and income of the foreign child. Evidence of relationship, eg birth certificate must be supplied. If the foreigner has children of foreign nationality, only one will be allowed to stay here. If the application is allowed, in the second year the foreign child must submit evidence of tax payments for the first year if they have a job in Thailand. They must have not less than 400,000b in the bank for one year and a monthly income of not less than 40,000b. Under these figures, the application will not be allowed.
A foreign child who wants to be looked after by a parent who is a Thai national, living in Thailand. It is not allowed unless the child is under 20 years of age or is studying and there is evidence from schools or colleges, or is physically or mentally disabled and cannot care for themselves. Evidence of the relationship must be shown, eg birth certificate.
The foreign parent living in Thailand must fulfil the same financial requirements as above.
Q: “Colonel, these are very stringent financial conditions. Are these proposals for discussion or are they likely to be made law with very few changes?”
A: “The committee has drafted the measures and I would not expect many changes before July at all.”
Q: “Surely there is a risk that if some of these measures become law then many families will be broken up?”
A: “If there are special circumstances, such as the foreigner cannot comply and the Thai national cannot return to the foreigner’s own country with them, they can supply evidence to be considered.”
Foreign businessmen
The following nationalities must show that they earn the following minimum monthly incomes:
Japanese, Americans and Canadians: 60,000b.
Europeans and Australians: 50,000b.
Koreans, Taiwanese, Hong Kong nationals, nationals of colonies of the UK, British Singaporeans and Malaysians: 45,000b.
Indians, nationals of the Middle East, Chinese Indonesians, Philippine nationals: 35,000b
Burmese, Laotians, Vietnamese, Cambodians, Africans: 25,000b.
Any foreign national in the newspaper business: 20,000b
To do business in Thailand, the business must be important and useful to the Thai economy and people, and be highly invested. The foreigners must be executives or experts at what they do. The officer will consider the security of the business, its capital and tax payments and Labour Ministry requirements. Reasons to run the business must be given.
In general one foreigner must employ at least 4 Thai staff with the following exceptions. Only one Thai staff may be employed in: international trade, a regional office, a branch of a national company (ie one that serves all of Thailand), an agent acting as middle-man, a consulting company, a joint venture, a foreigner running a business who is a specialist, a regional operation office. However a Juristic person whose business needs more than 1 Thai staff on a daily basis must have a minimum of 20.
Evidence required is as follows.
Group A The foreigner must provide complete evidence to the officer that, as a Juristic person, investment of not less than 30 million baht is registered, or the business is based on international law such as international trading, a regional office or national company.
Group B The foreigner running a business who can show investment as above and exports of over 20 million baht per year or attracting over 5,000 tourists per year or show profit in the previous year of over 10 million baht. If these criteria are met the application will be processed within 14 days.
Group C A Juristic person who can show investment as above but with less than 20 million baht’s worth of exports per year or fewer than 5,000 tourists per year or less profit than 10 million baht. Tax payments for the previous 3 months must be shown. If these criteria are met the application will be processed within 30 days.
Others
If there is more than 1 foreigner in a company and the company cannot appoint more Thai staff as required, the officer will consider the capital, profit, number of shares held by the foreigner(s) and how much export business is done.
In the case of a tour business the foreigner must show his ability to attract over 1,500 tourists each year from the government section or Thai Tourism Association or passenger lists and hotel reservations.
Income must be based on a table of qualifications. If a foreigner does not have tax payments or work permit yet, the officer will consider giving a 5 month allowance at first until he or she has everything required, then the application may be allowed.
In the case of a foreigner submitting tax payments which are not at the same rate as originally informed, but not less than the rate required, he or she must have a letter of explanation. If their income is less than that required, the application will not be allowed.
A foreigner applying to work for a company or shop.
Evidence must be submitted about the foreigner’s position, income and qualifications, the number of staff, type of business and reasons for the employment. The officer must see the work permit or the letter from the Labour Office to say the permit has been applied for; the balance sheet and profit and loss accounts of the company for the previous year or 2, VAT and company tax payments and the tax paid by the Thai staff in the current month.
The officer may ask for more paperwork or make an inspection if he suspects that the business does not conform to the application. (In the case of a public limited company, no shareholders list, Thai staff tax payments need be shown, but VAT payments for the whole year must be stated). Future applications must show tax paid in the previous year. Export businesses must provide a letter detailing the exports.
Letters certifying the registration, VAT registration and a list of shareholders must be provided. Export businesses must show evidence from the Customs or bank.
Q: “Isn’t this going to have an immediate effect on native teachers of English? If they have to leave in large numbers, will not the teaching of English suffer here?”
A: “No, because most of them are employees rather than proprietors of businesses.”
Q “Why is the only exception to the minimum salary levels for newspapers?”
A: “Thailand generally benefits from foreign journalists here and many are not well paid.”
Q: “Thank you for that – but this is all about money, isn’t it?. It seems that money is the only criteria being used to establish whether a foreigner is welcome in Thailand. In fact there are useful, honest members of society here on low budgets and wealthy foreigners who are not of good character.”
A: “Thailand has enough legislation in place to ensure that undesirable people can be made to leave.”
Q: “What can concerned individuals, foreigners and Thais, and companies do to comment on these measures or try to make changes to them?”
A: “I would suggest that they write to The Commissioner for Immigration, Immigration Office, Soi Suanplu, Thanon Satorntai, Bangkok 10121.”
See My Chiangmai for first reactions to these vital new proposals from 6 local foreigners, in business or married to Thai nationals - or both.

Palm Hills -Beach Clean

Well done Palm Hills! Director Khun. Eetthi Tangpaiboon, and Khun. Nattawut Aksornchart general manager of Palm Hills (pictured centre), led by example, as they took all the staff and caddies, in total about 300 people from the golf course, to go cleaning the Hua-Hin and Cha- am beaches. A great effort on their part to spruce up the area. Let’s hope other popular establishments follow their lead.
Palm Hills is the most improved golf course in the area, most of the new greens are now finished and in a month or two will be playing perfectly.

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