New guidelines for approval, renewal and placement of individuals in BOI-related positions
In August 2024, the Board of Investment (BOI) issued announcement No. Por. 3/2567 on the criteria for consideration of approval, placement, and extension of positions and individuals. This announcement, effective from 1 October 2024, sets out new guidelines and criteria for approving and renewing positions, and for placing expatriate employees in certain positions in BOI companies.
These guidelines aim to streamline the process and ensure that foreign workers contribute effectively to Thailand’s economic growth and technology transfer.
| Approval of positions | Foreign personnel must meet specific criteria, including education, experience, and age, depending on the level of the position. |
| Qualifications | The initial approval period varies by business type and position. Companies may request extensions for positions filled by foreign personnel under certain conditions, such as business expansions or process improvements. |
| Approval duration and extension | Foreign personnel must meet specific criteria, including education, experience, and age, depending on the level of the position. |
| Application process | All applications must be submitted electronically through the BOI's online system. |
Approval of positions at different levels
| Executive positions | • These include roles such as Chairman, President, CEO, CFO, COO, CTO, Vice President, Executive Director, Managing Director, General Manager, and Deputy Managing Director • Foreigners must be at least 27 years old, with at least 5 years of experience, except for a Managing Director, President, CEO, and Chairman. |
| Management positions | • These include roles such as Production Manager, Marketing Advisor, Factory Manager, Assistant Managing Director, and Assistant Vice President. • Foreigners must be at least 27 years old, with at least 5 years of relevant experience. |
| Operational positions | • These include roles such as Production Supervisor, Project Coordinator, Electrical Engineer, Injection Mould Technician, Data Analyst, IT Specialist, Assistant Production Manager, Marketing Consultant, Project Leader, Lead Software Engineer, Account or Sales Executive, and Senior R&D Supervisor. • Foreigners must be at least 22 years old with a related education and at least 2 years of experience, or 5 years of experience if their education is not directly related. • Engineers must have a bachelor’s degree in engineering and at least 2 years of relevant experience, or 10 years of experience if not holding an engineering degree. |
The key criteria for approving positions
Manufacturing
1. Conditions for approval:
• Based on the business type, technology level, operation, manufacturing, and production process.
• An applicant for an engineer position must have a bachelor’s degree or higher in the field of engineering and at least 2 years of experience working in a related engineering position. If the applicant does not have a bachelor’s degree in engineering, they must have at least 10 years of experience working as an engineer or in the engineering field.
• Manufacturing positions are approved for up to 2 years.
• Researcher positions in science and technology are approved for up to 4 years.
2. Extension of approved positions:
• Extensions are based on business plans, production expansion, process improvements, and the lack of qualified Thai personnel.
• Extensions are granted for up to 2 years, or up to 4 years for researchers in science and technology.
Services
1. Conditions for approval:
Based on the business type and position. One requirement is the lack of qualified Thai personnel for such a position.
Digital Technology Specialists: This includes positions in e-commerce, software, digital technology services, and software platform development. Foreigners who are 22 or older, with a bachelor’s degree in a related science or technology field, and who have at least 2 years of related work experience, are eligible for operational positions, and must be paid a minimum salary of THB 50,000 a month.
If the applicant’s degree is not in a related field, the person must have at least 5 years of related work experience, and must be paid a minimum salary of THB 75,000 a month.
The salary must be set out in the employment contract.
Teachers: Foreigners must meet the criteria for operational positions and must be authorized to practice their profession from and be appointed by the Teachers Council of Thailand.
Pilots: Foreigners must meet the criteria for operational positions and provide a professional licence and support letter from the Civil Aviation Authority of Thailand.
Service positions are approved for 1 year, and may be approved from 2 to 4 years, based on the type of service business.
• Positions in a trade and investment support office (TISO), business process outsourcing (BPO), and international business process outsourcing (IBPO) are approved for 1 year.
• Positions in a software business are approved for up to 2 years.
• Positions in an international headquarters (IHQ), international trading centre ( ITC ), international business centre (IBC), in R&D, targeted core technology development, and electronic design are approved for up to 4 years.
• Positions for researchers in science and technology are approved for up to 4 years.
2. Extension of approved positions:
For operational positions in a TISO, in BPO, and IBPO, extensions are granted for up to 1 year, and those in such positions must be paid a minimum salary of THB 30,000 a month, verified through tax documents.
For digital technology specialists in e-commerce, software, digital technology services, and software platform development, extensions are granted for up to 2 years, and they must be paid a minimum salary of THB 50,000 or THB 75,000 a month, verified through tax documents.
References (in Thai):
• Board of Investment (BOI) announcement No. Por. 3/2567. Retrieved from Board of Investment of Thailand.
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