Magna Carta Law Firm > Articles posted by Ruby Sace

Clubhouse App is Booming

Clubhouse App

Clubhouse is a drop-in audio chat serving as an online platform for its users to meet, discuss, and exchange ideas based on their interests.  This is an audio-only set-up, which means there are no texts, videos, and images, except for the user’s profile picture.

Various interesting people, professionals, prominent personalities, influencers, celebrities, entrepreneurs, media presses, etc. are hosting Clubhouse rooms.  This will give its users the opportunity to gain insights from the experts and join conversation within the community.  There are several discussions occurring at the same time, thus allowing users to shift speakers and topics at any time.  Various conversational topics are accessible such as health, business, and technology, to name a few.

Clubhouse is currently by invitation, wherein you have to be invited by an existing member to be able to join this exclusive community.  Some people are selling invites so you have to be aware of invite scams.  Additionally, it is only available on iOS for iPhone users at present.  However, there are plans to open this app to the general public soon.  When this happens, this could open up a new way to engage with broader audience and connect with experts in other industries.  As you connect and meet other Clubhouse members, they may eventually follow you over to your other channels and communities; which will be a great advantage to business owners and marketers.

First Trimester Abortion in Thailand: Approved!

Thailand Abortion

The Government Gazette has announced an amendment to Criminal Code, Section 301 and 305, making it legal for women to terminate their pregnancy of up to not more than 12 weeks.

Previously, most type of abortion in Thailand is illegal. Now, a person is considered not guilty and shall not be liable to legal punishments if such abortion is made by an act of medical practitioners and according to the criteria of the Medical Council with the following circumstances:

1. Pregnant women who are physically or psychologically at risk.

2. There is a high risk of serious fetal disabilities or genetic disorders.

3. The pregnancy is a result of offenses relating to sexuality such as rape.

4. Wanting to terminate pregnancy of up to 12 weeks.

5. Pregnancies exceeding 12 weeks but not over 20 weeks shall be under the examination, counseling, and supervision of medical professionals.

In case of any abortion in Thailand that does not conform to those conditions, the offender shall face imprisonment of not over 6 months or penalty not over 10,000 Baht, or both.

Online Witness Examination

online witness examination

Thailand Court now supports online witness examination. This is due to the recent Covid-19 situation wherein people are unable to travel to Thailand to testify.

Any litigant wishing to examine their witnesses must submit a petition to the court. The litigant must pay the extra regulatory fee for online witness examination. They also have to specify which applications to use for the court hearing, such as LINE, ZOOM, FaceTime, etc.

Once the court approves the petition, the appointment of the witness hearing is then scheduled. The court conducts only one witness examination on screen per day, from Tuesday to Friday from 9:00am to 4:30pm.

Before the screen examination appointment, the lawyer prepares, sets up, and tests the system in the courtroom. The witness who will be participating may also appear on the video for testing.

During the hearing, the interpreter and the lawyer must be present at the courtroom. For the witness to testify, in a proper place, he must have another eyewitness along with him to determine his identity. The eyewitness should be a credible person who can either be a lawyer, a notary public, the village headman, etc, provided that such eyewitness must have evidence to show to the Court.

Any documents or evidence to be used for examination from the witness is at the discretion of the Court. Typically, the officer will accept a copy of the evidence to be shown to testify, but must submit the original documents thereafter.

Moreover, if one party needs to request for a court online hearing, he must have a consent from the other party. For estate management case, online examination via screen is applicable.

Thailand Considers Legalizing Abortion

The cabinet recently approved a draft amendment to the Criminal Code proposing to legalize abortion for pregnancies of not more than 12 weeks. This amendment aims to address the concerns of women of their rights to life and body. According to The Royal Thai College of Obstetricians and Gynecologists and the Medical Council of Thailand, it is safer to have an abortion during the 12-week period of pregnancy.

 

The amendment also outlines exceptions, that will allow termination of pregnancies to happen and that would reduce the penalties for having an abortion for pregnancies of more than 12 weeks. Moreover, it includes an exception for cases of high risks of serious fetal disabilities or genetic disorders.

 

Women who are less than 12 weeks pregnant and are planning to terminate unwanted pregnancies will no longer be liable to legal punishment, upon approval early next year.

 

At present, Thailand only allows abortion in the event of medical conditions or risks to life, or when the pregnancies are the result of rape, deceptions or force. Hence, women resort to risky self-induced abortions, making unsafe abortion as one of the most common causes of mortalities in women around the world.

PROTECT YOUR ASSETS IN THAILAND

You can make a VALID and LEGAL Last Will and Testament for your assets in Thailand even if you are not in Thailand

 

Due to the recent Covid-19 travel restrictions, we know that one of your main concerns is managing your affairs in Thailand. This includes planning your estate or all your assets in Thailand in anticipation of sudden incapacitation or death.

You can protect your assets in Thailand and secure your loved ones by making a Last Will and Testament.

You do not need to be in Thailand to make a valid Will! Our lawyers and advisors are here to help and guide you! And the good news is….we can do everything online! 

1. We will send you the Requirement Checklist via email

2. Send us clear copies of all the documents via email

3. We will confirm the cost after assessing your assets

4. Make the payment by bank transfer

5. We will send you the draft of your Will for your review, and make revisions until we come up with the final version

6. You have to print the final draft and sign it in your country in front of 2 witnesses

 

The average Last Will and Testament costs no more than 5,000 Baht. You can be sure that your assets in Thailand will go to the correct beneficiaries!

 

Contact us now to get started.

 


READ MORE INFORMATION:

 

Alternative State Quarantine (ASQ) in Thailand

Alternative State Quarantine (ASQ)

This is a mandatory quarantine procedure of at least 14 days for arriving travellers at any government-accredited hotels in Bangkok. The traveller has to bear all the quarantine expenses. Several hotels in Thailand, in cooperation with different hospitals, have launched their respective Alternative State Quarantine Packages for those returning from overseas.

On the other hand, Alternative Local Quarantine (ALQ) is for quarantine in cities outside Bangkok. This includes Chonburi, Phuket, and Prachinburi.

For Medical purposes, there are hospitals providing Alternative  Hospital Quarantine (AHQ) packages.

  • Travellers via Subharnabhumi or Don Mueang International Airport can be quarantined both in Bangkok and Chonburi.
  • Travellers via Phuket International Airport must be quarantined in Phuket only.
  • Evidence of quarantine from hotels or hospitals are needed for COE application.

 

Here are some Hotels in Thailand offering Alternative State Quarantine (ASQ) packages:

 

  1. Aloft Bangkok Sukhumvit 11, in partnership with Bangpakok 9 International Hospital
  2. Amara Bangkok, in partnership with Sukhumvit Hospital
  3. Amaranth Suvarnabhumi Airport, in partnership with CH 9 Airport Hospital
  4. Anantara Riverside Bangkok Resort, in partnership with Bangpakok 9 International Hospital
  5. Anantara Siam Bangkok, in partnership with Bumrungrad International Hospital
  6. Avani Atrium Bangkok, Piyavate Hospital
  7. Bandara Suites Silom,Bangkok, in partnership with World Medical Hospital 
  8. Centara Watergate Pavillion Hotel Bangkok, in partnership with Piyavate Hospital
  9. Centre Point Hotel Pratunam, in partnership with World Medical Hospital 
  10. Centre Point Hotel Silom, in partnership with Bangpakok 9 International Hospital
  11. Courtyard by Marriott Bangkok, in partnership with BNH Hospital
  12. Dusit Princess Srinakarin, in partnership with Piyavate Hospital
  13. Grande Centre Point Ratchadamri Bangkok, in partnership with Bangpakok 9 International Hospital
  14. Grande Centre Point Terminal 21 Bangkok, in partnership with Bumrungrad Hospital
  15. Holiday Inn Express Bangkok Siam, in partnership with World Medical Hospital
  16. Hotel Clover Asoke, in partnership with Samitivej Hospital
  17. Hyatt Place Bangkok Sukhumvit, in partnership with Bangpakok 9 International Hospital
  18. Ibis Styles Bangkok Khaosan Viengtai, in partnership with Piyavate Hospital
  19. Lancaster Bangkok, in partnership with Piyavate Hospital
  20. Le Meridien Bangkok, in partnership with BNH Hospital
  21. Maitria Hotel Sukhumvit 18 Bangkok, in partnership with Bumrungrad International Hospital
  22. Movenpick BDMS Wellness Resort Bangkok, in partnership with Bangkok Hospital
  23. Nouvo City Hotel Bangkok, in partnership with CH 9 Airport Hospital
  24. Park Plaza Bangkok Soi 18, in partnership with Piyavate Hospital
  25. Pullman Hotel Bangkok G, in partnership with BNH Hospital
  26. Rembrandt Hotel and Suites Bangkok, in partnership with BNH Hospital
  27. Royal President Hotel Bangkok, in partnership with World Medical Hospital 
  28. Solaria Nishitetsu Hotel Bangkok, in partnership with Samitivej Hospital
  29. Solitaire Bangkok, in partnership with World Medical Hospital 
  30. Somerset Rama 9 Bangkok, in partnership with Samitivej Hospital 
  31. The Canal Hotel Bangkok, in partnership with Navamin 9 Hospital
  32. The Landmark Bangkok, in partnership with Bumrungrad Hospital
  33. The Sukosol Hotel Bangkok, in partnership with World Medical Hospital 
  34. The Westin Grande Sukhumvit Bangkok, in partnership with Samitivej Hospital 
  35. Zenith Sukhumvit Hotel, in partnership with Samitivej Hospital

 

 For more information you can contact Hotline 1667, 1426 or www.hsscovid.com

Completing Property Transfers in Thailand During Covid-19

Completing Property Transfers in Thailand

Dear Purchasers,

It has come to our attention that many clients who are due to complete on property purchases are worried because they cannot yet get back to Thailand.

We would like to advise you that there is no need to worry as the land office has a set protocol to allow property transfers in Thailand to take place and complete without the buyer actually being in Thailand.

The process in completing property transfers in Thailand during Covid-19 pandemic is as follows;

  1. We compete a specific power of attorney using the land office own form. We then email that to you in English (for your reference so you can understand what you are signing) and Thai for you to print out and sign.
  2. We also require a copy of your passport picture page signed as well.
  3. In the case the buyer owes the developer money we can accept that into our client account bank account then prepare the correct cashiers cheque’s to be paid at the land office.

The total process to get all the documents countersigned is as follows.

Once the forms are printed out via email (in the foreign country) they have to be taken to a notary public lawyer for the purchaser to sign and get witnessed. The papers then need to be sent, by post, to the legalization dept with that country to be legalized. After that they need to be taken to the Thai embassy to get the stamp. Once that is all completed they need to be all courier to us via DHL etc.

Once received the land office will allow the transfer to take place regardless that the buyer is not Thailand.

The whole process time line varies from country to country however using the United Kingdom as an example the normal time to get this all completed and returned to Thailand is around 16- 20 days.

Aerotropolis Development | EEC

EEC Aerotropolis

An aerotropolis is a city where the layout, infrastructure, industry, and economy are centered on and sustained by an airport. The aerotropolis enhances economic development within 20-30 kilometers from the airport, which serves as a multimodal “airport city” commercial center. It is similar in form to a traditional city, which contains

  1. The airport’s aeronautical, logistics, and commercial facilities, anchoring a multimodal, multifunctional airport city as its center; and
  2. Outlying corridors and clusters of aviation-oriented businesses and industries, and associated residential developments that feed off each other and their accessibility to the airport and other key transport and urban nodes.

  • – Logistics and distribution centres
  • – High-value, time-critical manufacturing firms
  • – Office buildings and business parks
  • – Hotel, convention, and exhibition complexes
  • – Tourist and entertainment venues
  • – Retail centers and wholesale merchandise marts
  • – ICT (digital) and R&D parks
  • – Bioscience and medical clusters
  • – Higher education campuses
  • – Mixed-use commercial/residential developments

The Aerotropolis proposes to provide businesses located near or with good transport access to Suvarnabhumi and U-Tapao Airports with speedy connectivity to their national and worldwide suppliers, customers, clients, and enterprise partners. It also sees the opportunity to draw tourists and attract investment in high-end manufacturing and modern business services by powering up the eastern seaboard airports, seaports, and improved multimodal surface transport connectivity. In the long run, this will greatly benefit the EEC municipalities and provinces. 

EEC Aerotropolis Strategic Objectives
  1. Make the EEC the fastest, most agile, and best-connected location to do business in Southeast Asia.
  2. Improved surface transportation connects firms more efficiently to key EEC clusters and broader regional markets.
  3. Utilize speedy connectivity to attract high-value, time-critical aviation-oriented businesses and industries that will accelerate the growth and modernize the economic base of Thailand’s Eastern Economic Corridor (EEC), leading the economic transformation of the nation.
  4. Reinforce the above through labor-force upgrading and well- designed aviation-linked urban, commercial, industrial, and tourist clusters that are economically efficient, attractive, and sustainable.
  5. Fully leverage the Fifth Wave of transportation-driven development.

Reference:  Aerotropolis Business Concepts by John D. Kasarda, PhD

Thailand SMART Visa

The Thailand SMART Visa is a new type of visa designed to encourage highly skilled professionals and investors to support the development of Thailand’s targeted industries. SMART Visa is open to foreign specialists, executives, entrepreneurs and investors who want to work or to invest in the 10 S-Curve industries or targeted industries.

Thailand Smart Visa applications will only apply to the ‘S-Curve’ targeted industries:

First S-Curve Industries
  • Next-Generation Automotive
  • Intelligent Electronics
  • Advance Agriculture and Biotechnology
  • Food Processing
  • High Wealth and Medical Tourism
The Five New S-Curve Industries
  • Digital Industry
  • Automation and Robotics
  • Aviation and Logistics
  • Biochemical and Biofuel
  • Comprehensive Healthcare Industry

 

Thailand SMART Visa Benefits and Privileges
  1. Visa validity up to 4 years (instead of the usual 1 year)
  2. No work permit required
  3. Extension of reporting of stay to Immigration Bureau – from every 90-day to every year
  4. The right of legal dependents (children who are older than 18 years old) of SMART Visa holder to live and work in Thailand equivalent to Smart Visa Holder (this benefit is applicable only to the holder of SMART Visa Type “T” only)
  5. Spouse granted permission to work without work permit requirement
  6. No re-entry permit required
Thailand SMART Visa categories and qualifications
Talent (SMART “T”)

Highly skilled professionals in the fields of science and technology

  • Minimum salary of no less than 200,000 Baht or equivalent per month (exclusive of other benefits and welfares)
  • Having an employment contract or service contract with an entity in Thailand with the remaining term of at least 1 year
  • Having expertise in science and technology relevant to the targeted industries and endorsed by a government agency (Except for experts who work for a government agency)
  • Employers in Thailand must be certified for being engaged in the targeted industries by a relevant government agency such as the National Innovation Agency (Public Organization) and the Digital Economy Promotion Agency. In case of employers being a government agency, the certification of being in the targeted industries shall be done by that agency.
  • Smart visa “T”, children have the right to work equivalent to the Visa holder.
Investor (SMART “I”)

Investors in companies using technologies in manufacturing or delivering services and being in the targeted industries

  • Directly investing in one or more companies in Thailand using technology as a base in manufacturing or delivering services and are in the targeted industries as an individual investor in the total amount of at least 20 million Baht
  • The investment must be maintained throughout the validity period of the smart visa.
  • The business to be set up or invested in must be certified as being the ones using technology in manufacturing or delivering services and being in the targeted industries by the relevant agencies such as the National Innovation Agency, Digital Economy Promotion Agency and National Science and Technology Development Agency.
Executive (SMART “E”)

Senior executives working in the companies using technology in manufacturing or delivering services and being in the targeted industries

  • Minimum salary of no less than 200,000 Baht or equivalent per month (exclusive of other benefits and welfares)
  • Holder of a bachelor’s degree or higher with at least 10 years of work experience in the relevant field
  • Having an employment contract with a company in Thailand or in a foreign country with an assignment to work in Thailand. The remaining period of the employment contract must be at least 1 year.
  • Holding a senior management position such as Chairman or Managing Director
  • The employing companies must be certified as being the ones using technology in manufacturing or delivering services and being in the targeted industries by the relevant agencies such as the National Innovation Agency (Public Organization), Digital Economy Promotion Agency and National Science and Technology Development Agency
Startup (SMART “S”)

Foreign startup entrepreneurs who wish to invest in the targeted industries in Thailand

  • Having a fixed savings account in Thailand or in a foreign country with a balance of not less than 600,000 Baht or equivalent and the remaining maturity term of at least 1 year
  • In the case of being accompanied by spouses and children, an additional amount of fixed savings of at least 180,000 Baht per person or equivalent is required.
  • Having health insurance policy covering the entire course of stay in Thailand for the applicants of the SMART Visa, and for the accompanying spouse and the children
  • Participating in an incubation or accelerator program, or a similar program endorsed by a government agency such as the National Innovation Agency (Public Organization), the Digital Economy Promotion Agency. The programs must also be in the targeted industries.
  • In case of not participating in an incubator or a similar program, the applicant must receive joint venture funding or endorsed by a government agency such as the Digital Economy Promotion Agency.
  • The applicants must set up a company in Thailand within one year. The business or investment activities must be certified as being in the targeted industries by relevant government agencies such as the National Innovation Agency (Public Organization), the Digital Economy Promotion Agency. The applicants must hold no less than 25% of the company’s shares or assume a position of a director of the company.
Others (SMART “O”)

Legal dependents such as spouse and children.

Foreigners wanting to apply for the Thailand Smart Visa will first need to apply for and obtain a Qualification Endorsement letter from the SMART Visa Unit. The SMART Visa Unit will check the application for qualification, and then submit to the relevant government agency for endorsement. The whole process will take around 30 working days.

Please See Related Pages under Eastern Economic Corridor (EEC)

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U-Tapao International Airport Development

U-Tapao International Airport

U-Tapao International Airport plays a vital role in the development of the Thailand’s Eastern Economic Corridor under the Thailand 4.0 scheme. There are major developmental plans to expand the airport’s capacity since the government aims to turn U-Tapao International Airport into a third major destination for airlines. This will enable business expansions, as well as to better facilitate the establishment of the Special Economic Zone in anticipation of the EEC expansion. This major project accepts private investments in developing the U-Tapao International Airport as a part of the U-Tapao Airport and Eastern Airport City Development Project. 

U-Tapao Rayong-Pattaya International Airport, under the authority of Thai Navy, is located at Baanchang District, Rayong Province.  It occupies a land area of approximately 1040 hectares (6,500 rai, 2,570 acres). Currently, it has one runway with 52 bays and there are 2 passenger terminals, which can support 700,000 domestic and international passengers per year and it handles between 80,000 to 100,000 flights per year.

Private Public Partnership investments will allow continuous development of the airport and many various activities including:
  • Passenger Terminal 3 and the Commercial Gateway  
  • Air Cargo facilities – Phase II  
  • Maintenance, Repair and Overhaul (MRO) facilities – Phase II 
  • Aviation Training Centre – Phase II 
  • Free Trade Zone 

When these modernization and expansion plans of existing runway and new passenger and cargo terminals are ready; it will bring about a massive capacity increase from the current 800,000 passengers to around 3 million passengers per year.  By 2021, the building of a second runway is about to happen. This will then enable the airport to reach its goal of handling 250,000 yearly flights in the future.

High Speed Train and double track railway and motorway expansion will soon provide interconnectivity between U-Tapao, Suvarnabhumi and Don Muang International Airports by a high-speed rail line. Furthermore, constructing a third terminal, having private sector to manage and operate it, is also taken into consideration. In combination, all three terminals will be able to accommodate up to 60 million passengers per year. Not only will it help alleviate the crowding of Bangkok’s other main airports but it will also result to a high increase in revenue. The growth of U-Tapao International Airport will bring an influx of tourists and businessmen to Pattaya and The Eastern Seaboard. Pattaya, a popular tourism area near U-Tapao, will greatly benefit from these expansion plans. Hence, Pattaya is undoubtedly foreseen to grow in the years ahead. Apparently, the increase of tourists will impact the hotels, restaurants, real estate market, and the general economy of Pattaya.

 

Please See Related Pages under Eastern Economic Corridor (EEC)

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