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Industrial Estate Authority of Thailand Act, B.E. 2522 (1979)


 

BHUMIBHOL ADULYADEJ, REX.

Given on 19th March B.E. 2522

Being the 34th Year of the Present Reign

 

His Majesty King Bhumibhol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to revise the law on Industrial Estate Authority of Thailand;

Be it, therefore, enacted by the King, by and with the advice and consent  of the National Legislative Assembly acting as the National Assembly as follows:

 

Section 1

This Act is called the “Industrial Estate Authority of Thailand Act, B.E. 2522 (1979)”

Section 2 

This Act shall come into force as from the day following the date of its publication in the Government Gazette.

Section 3 

The Announcement of the National Executive Council No. 339, dated 13th December B.E. 2515 shall be repealed.

All other laws, rules and regulations in so far as they have already been provided in this Act or are contrary to or inconsistent with the provisions of this Act shall be replaced by this Act.

Section 4 

In this Act:

“Industrial estate” means a general industrial zone or export processing zone;

“general industrial zone” means an area designated for industrial activities or other activities beneficial to or connected with industrial activities;

“Export processing zone” means an area designated for industrial activities or other activities beneficial to or connected with industrial activities for the purpose of exporting products;

“industrial operator” means a person who is permitted to engage in industrial activity in an industrial estate;

“to produce” includes to make, construct, mix, assemble or repack;

“Board” means the Board of Directors of the Industrial Estate Authority of Thailand;

“Governor” means the Governor of the Industrial Estate Authority of Thailand;

“officer” means an officer of the Industrial Estate Authority of Thailand including the Governor.

“employee” means an employee of the Industrial Estate Authority of Thailand;

“competent official” means a person appointed by the Minister for the execution of this Act;

“Minister” means the Minister having charge and control of the execution of this Act.

Section 5 

The Minister of Industry shall have charge and control of the execution of this Act and shall have the power to appoint competent officials and issue Ministerial Regulations for the execution of this Act.

Such Ministerial Regulations shall come into force upon their publication in the Government Gazettes.

 

Chapter  I
Industrial Estate Authority of Thailand

 

Part  I

Establishment

 

Section  6 

There shall be established an industrial estate authority called the “Industrial Estate Authority of Thailand” called “IEAT” in brief, and shall be a juristic person having the following objectives

(1) Procurement of suitable land for the establishment or expansion of industrial estate or for other business beneficial to or connected with IEAT.

(2) Improvement of land under (1) in order to provide services as well as other facilities for the operation of industrial operators, such as providing roads, drainage system, waste-water treatment plant, electricity and water-works;

(3) Letting, sale by hire-purchase and sale of immovable or movable properties in an industrial estate or for direct benefit of the activities of an industrial estate;

(4) Carrying out of other business beneficial to or connected with the activities which are within the scope of IEAT’s objectives;

(5) Cooperation with other persons in carrying out the objectives under (1), (2) or (3) including being a partner with limited liability in a limited partnership or a shareholder in any juristic person whole objectives are beneficial to or connected with the activities which are within the scope of IEAT’s objectives;

Section 7

All activities, properties, rights, liabilities and obligations of the Industrial Estate Authority of Thailand under the Announcement of the National Executive Council No. 339, dated 13th December B.E. 2515 shall be transferred to IEAT.

The properties under paragraph one, after deducting the liabilities, shall be regarded as the capital of IEAT.

Section 8 

The capital of IEAT shall consist of:

(1)   Transferred properties under Section 7;

(2)   Money allocated from the budgetary appropriations;

(3)   Money or other properties received from the government or other persons;

(4)   Money or properties received as assistance grant from internal or external sources or from international organizations.

Section 9

IEAT shall have its head office in Bangkok Metropolis or a nearby Changwat and may establish a branch office or agent in a Changwat where there is an industrial estate.

Section 10

IEAT shall have the power to carry out activities within the scope of its objectives under Section 6. Such power shall include the followings:

(1)  surveying, planning, designing, construction and maintenance of facilities and provision of services to industrial operators and persons engaging in activities beneficial to or connected with industrial operators;

(2)  designation of categories and sizes of industrial activities permissible in an industrial estate;

(3)  supervision of living conditions of workers in an industrial estate;

(4)  control of the operations of industrial operators, person engaging in activities beneficial to or connected with industrial operators and persons utilizing land in an industrial estate in accordance with rules, regulations, and laws including the carrying out of works in connection with public health and affecting environmental quality;

(5)  investment;

(6)  borrowing of money for financing activities or IEAT;

(7)  issuance of bonds or other instruments for investment.

Section 11 

IEAT shall  have the power to inspect and certify kinds and quantity of raw materials or products or the kinds and number of machinery in the case where it is necessary to issue certificates or in the case where they are brought into or taken out of an industrial estate; provided that service charges as proscribed by the Board may be imposed.

Section 12 

IEAT shall proscribe the rents of immovable or movable property and maintenance fees for facilities as well as service charges in a industrial estate at reasonable rates to ensure sufficient income for the following:

(1) expenditures necessary for the carrying out of activities of IEAT including interest, depreciation, bonus, aid fund or other aids for the welfare of persons working for IEAT and their families;

(2) payment of debts in which the amount paid is in excess of the amount allocated for depreciation, and for additional expenditure in the acquisition of new property to replace existing property;

(3)  provision of reserves and expenditures necessary for expansion of activities and investment.

Section 13 

IEAT shall prescribe hire-purchase payments and selling prices of immovable or movable property as it deems appropriate.

Section 14

Upon the declaration of any area as an industrial estate under Section 39, IEAT shall have the power to prescribe the selling prices, rents, and hire-purchase payments or immovable and movable property maintenance fees as well as other service charge in that industrial estate in accordance with sound business practice.

Section 15 

The annual income of IEAT derived from its annual operation shall belong to IEAT and after deducting all expenses for operation and other appropriate charges, such as, maintenance fees and depreciation, as well as deducting reserves under Section 16, compensation and bonus under Section 32 and Section 35, or contributions in aid fund or other aids under Section 34 and investment capital under Section 66, the balance shall be remitted as State revenue.

If the income is insufficient to meet all expenses under paragraph one, excluding expenses which are deducted as reserves under Section 16 and bonus under Section 32 and Section 35, and IEAT is unable to acquire income form other sources, the State shall provide IEAT with the fund in the amount equivalent to the deficit.

Section 16

The reserves of IEAT shall consist of ordinary reserve for contingencies, reserve for expansion of activities, reserve for payment of debts and reserve for other specific purposes as the Board may deem appropriate.

Reserves may be expended only with the approval of the Board.

Section 17

The property of IEAT is not subject to the execution of judgment.

 

Part  2

Board and Governor
 

Section 18 

There shall be a board of directors called the “Board of Directors of the Industrial Estate Authority of Thailand” consisting of the Chairman and not more than ten Directors including the Managing Director who is ex-officio Director.

The Council of Ministers shall appoint the Chairman and other Directors who are not ex-officio Director.

Section 19 

The persons to be appointed Chairman, Directors or Governor must have knowledge and experience in connection with business administration, industry science, engineering, architecture, city planning, economics, commerce, public finance or law.

Section 20 

The Chairmen or Director who is appointed by the Council of Ministers shall possess qualifications under (1) and (2) and shall not be under the prohibitions under (3), (4), (5), (6) and (7), as follows:

(1)   being of Thai nationality;

(2)   not being over sixty-five years of age;

(3)   being or having been a bankrupt;

(4) having been imprisoned by a final judgment or lawful order to imprisonment except for an offence committed through negligence or a petty offence;

(5)   being a political official or holding political position:

(6)   being an executive member or official of a political party;

(7)  having direct or indirect interest in any contract concluded with IEAT or in any business done for IEAT or in any business of the same nature as and competing with that of IEAT, except in case of being only a shareholder for the purpose of bona-fide investment in a juristic person having such interest in so doing.

Section 21

The Chairman and Directors who are appointed by the Council of Ministers shall be in office for a term of three years. 

After the expiration of the term of office under paragraph one and new Directors have not yet been appointed, the Chairman and Directors who vacate office upon the expiration of the term of office shall remain in office until after the newly appointed Board has assumed responsibility.

The Chairman or Director who vacates office may be re-appointed

Section 22 

Apart from vacating office upon the expiration of term of office under Section 21, the Chairman or Director shall vacate office upon:

(1)   death;

(2)   resignation;

(3)   being removed from office by the Council of  Ministers;

(4)   being incompetent or quasi-incompetent person;

(5)   lacking any qualification or being under any prohibition under Section 20.

In the case where a Director is appointed during the term of the Board, notwithstanding it is a new or additional appointment, the appointee shall be in office for the remaining term of the Directors already appointed.

Section 23 

The Board shall have the power to lay down the policies and control and supervise in general the activities of  IEAT. Such power shall include the followings:

(1)   issuing rules or regulations to ensure compliance and Section 6 and Section 10;

(2)   issuing rules or regulations on meetings and the carrying out of activities of the Board and sub-committees;

(3)   issuing rules or regulations on the organization, operating procedure and finances of IEAT;

(4)   issuing rules or regulations prescribing positions, rates of salaries or wages of officers and employees;

(5)   issuing rules or regulations on recruitment, appointment, promotion of salaries or wages, removal from office disciplinary measures, punishments and appeal against punishments of officers and employees;

(6)   issuing rules or regulations on payment of traveling expenses and allowances accommodation allowances, overtime pay and other allowances;

(7)   issuing rules or regulations concerning uniforms of officers and employees;

(8)   issuing rules or regulations on petitions of officers and employees;

(9)   issuing rules or regulations concerning identity cards and dress of persons working in an export processing zone;

(10)  issuing rules or regulations concerning persons entering or living in an export processing zone;

(11)  issuing rules or regulations concerning aid fund or other aids for the welfare of persons working for IEAT and their families with an approval of the Council of Ministers;

(12)  issuing rules or regulations concerning safety in the use and maintenance of property of IEAT;

(13)  prescribing selling price, rates of rents rates of hire-purchase payments and period of rent and hire-purchase of immovable and movable property, maintenance fees for facilities and rates of service charges in an industrial estate.

If the rule or regulation under (3) contains any restriction on the exercise of power of the Governor in executing any juristic act, the Minister shall have it published in the Government Gazette.  

Section 24 

For the benefit of activities of IEAT, the Board shall have the power to appoint a sub-committee to carry out any specific activity of IEAT and prescribe remunerations for the members of the subcommittee.

Section 25 

The Board shall, upon the approval of the Council of Ministers, appoint the Governor and determine his salary.

Section 26 

The Governor shall possess qualifications under (1), (2) and (3) and shall not be under the prohibitions under (4), (5), (6), (7), (8) and (9), as follows:

(1)   being of Thai nationality;

(2)   not being over sixty years of age;

(3)   being able to devote full time to the services of IEAT;

(4)   being or having been a bankrupt;

(5)   having been imprisoned by a final judgment or lawful order to imprisonment except for an offence committed through negligence or a petty offence;

(6)   being a government official having permanent position or salary of a political official or an employee of a ministry, department or public body having the same status as the department or an official of a local administration;

(7)   holding a political position or being a member of local council or a local administrator;

(8)   holding an executive position in a political party or being a staff member thereof;

(9)   having direct or indirect interest in any contract concluded with IEAT or in any business done for IEAT or in any business of the same nature as and competing with that of IEAT, except in case of being only a shareholder for the purpose of bona-fide investment in a juristic person having such interest in so doing.

Section 28

The Governor shall have the power and duty to administer the affairs of IEAT in accordance with the law, rules regulations and policies laid down by the Board and the power to control and supervise officers and employees.

The Governor shall responsible to the Board in the administration of the affairs of IEAT.

Section 29

The Governor has the power:

(1)   to prescribe rules and procedure for the performance of works by officers and employees;

(2)   to prescribe rules for the administration of the affairs of IEAT.

Provided that they shall not  contrary to or inconsistent with the rules or regulations of the Board;

(3)   to recruit, appoint, remove from office, promote, reduce, and cut the salaries or wages of officials and employees as well as impose disciplinary punishments upon officials and employees, in accordance with the rules or regulations of the Board.

Section 30

In respect of its external relations, the Governor shall represent IEAT. For this purpose, the Governor may delegate his authority to any person to conduct any specific business on his behalf subject to the rules or regulations of the Board.

Any juristic act executed by the Governor in violation of the rules or regulations under Section 23 paragraph two shall not be binding on IEAT unless it has been ratified by the Board.

Section 31 

Whenever the Governor is unable to perform his duties or the office of Governor is vacant, the Board shall appoint an officer to act on his behalf or to be the acting Governor as the case may be, and Section 26 shall apply mutatis mutandis.

The person who is acting on behalf of the Governor or the acting Governor shall have the same power and duties as the Governor except those owners and duties of the Governor in the capacity of Director of the Board.

Section 32 

The Chairman and Directors shall receive remunerations and may receive bonuses in accordance with the rules prescribed by the Council of Minister.

 

Part  3

Officers and Employees

 

Section 33

The officers and employees shall have the right to appeal against punishments or file petitions in accordance with the rules or regulations of the Board.

Section 34

IEAT shall provide aid fund or other aids for the welfare of the persons working for IEAT and their families upon retirement, accidents, sickness, death or other cases deserving such aids.

Section 35 

The officers and employee may receive bonuses in accordance with the rules prescribed by the Council of Ministers.

 

Chapter  II

Industrial Estate

 

Part  I

Establishment

 

Section 36 

There are two categories of industrial estates, viz:

(1)   general industrial zone;

(2)   export processing zone;

The establishment, change of boundary and dissolution of a general industrial zone shall be made in the form of a notification published in the Government Gazette and a map specifying the boundary of the general industrial zone shall be annexed thereto.

The establishment, change of boundary and dissolution of an export processing zone shall be made in the form of a Royal Decree and a map specifying the boundary of the export processing zone shall be annexed thereto.

Section 37 

An industrial estate established under this Act shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulations.

Section 38 

Wherever it is necessary to acquire any immovable property for the purpose of establishing or expanding an industrial estate, IEAT shall have the power to have the property expropriated in accordance with the law on expropriation.

For this purpose, a Royal Decree determining the area considered necessary to be expropriated may first be enacted and the provision of the law on expropriation shall apply mutatis mutandis.

The immovable property acquired by the expropriation in accordance with paragraph one shall become property of IEAT, and IEAT shall have the power to transfer it to industrial operators or persons engaging in activities beneficial to or connected with the industrial operation.

Section 39

As for an area which has been developed as an industrial estate, if it has been proceeded in accordance with the rules, procedures and conditions as prescribed in the Ministerial Regulations issued under Section 37, the Board may, with the consent of the land owner, proceed to establish it as an industrial estate under this Act.

Section 40 

No person shall use the name composing of Thai or foreign language alphabets which can be translated as or reads “industrial estate”, “general industrial zone” or “export processing zone” in any seal, signboard, letter, notice or other documents in connection with his business which is not an industrial estate under this act.

 

Part  II

Activities, Benefits and Prohibitions

 

Section 41 

Any person who wished to engage in any activity in an industrial estate must obtain a written permission from the Governor or a person designated by him.

The application for and the granting of permission shall be in accordance with the rules, procedure and conditions prescribed by the Board.

Section 42

All the construction of buildings, establishments and operation of factories in an industrial estate shall be in accordance with the law on factories, the law on control of building construction and the law on city planning; provided that the grant of permission which is the authority of the official under said laws shall be the authority of the Governor or a person designated by him.

Section 43

In the case where a building has been constructed without the permission under Section 42 or a building has not been constructed in accordance with the authorized building plans or specifications, or the conditions specified in the permit have not been completed with, IEAT shall have the power to order to suspend the construction or modify or demolish the building or the part thereof within a reasonable period by notifying the constructor, owner or occupier of the building of such period therefore.

After the period specified in paragraph one has elapsed and the constructor, owner or occupier of the building fails to comply with the order of IEAT, IEAT shall have the power to take any action as it deems appropriate for the purpose of modifying or demolishing the building or the part thereof at the expense of such constructor, owner or occupier.

Section 44

An industrial operator may be permitted to own land in an industrial estate required for his industrial activity in such size as the Board may deem appropriate even though it may exceed the limit permissible under other laws.

In the case where an industrial operator who is a foreign national ceases his business or assigns it to another person, he shall dispose of the land which be has been permitted to own to IEAT or the transferee of the business, as the case may be, within three years as from the date of the ceasation or transfer thereof or the Director-General of the Land Department shall dispose of the said land to IEAT in accordance with the Land Code.

Section 45

Subject to the law on immigration only in so far as it is not provided otherwise herein, an industrial operator may be permitted to bring into the Kingdom foreign nationals who are:

(1)  skill workers;

(2)  experts;

(3)  spouse or dependents of persons under (1) or (2) in such numbers and for such periods as the Board deems appropriate even though it may exceed the quota or period permissible under the law on immigration.

Section 46

Subject to the law on working of foreign nationals in so far only it is not provided otherwise herein, a foreign national who is skilled worker or expert and is permitted to stay in the Kingdom under Section 45 shall be granted a work permit for specific duties approved by the Board for the period permitted to stay in the Kingdom.

Section 47 

An industrial operator having domicile outside the Kingdom shall be permitted to take out or remit foreign currency from the Kingdom if such currency being:

(1)   capital brought into the Kingdom by him and dividends or other benefits accrued there from;

(2)   foreign loan brought by him for the purpose of investing in the activities under an agreement approved by the Board including the interest thereon;

(3)   money which the industrial operator has an obligation with a foreign country under an agreement in connection with the use of rights and services in carrying out industrial activities and such agreement has been approved by the Board.

During any period when there is an adverse balance of payment which requires the preservation of foreign currency at a reasonable level, the Bank of Thailand may impose temporary restriction on taking or remitting of money from the Kingdom for the said purpose, but the restriction on the remittance of foreign capital shall not be less than twenty percent annum of the balance of the foreign capital on 31st December of each year if such remittance is made after two years from the date the money has been brought in, and the restriction on the remittance of dividends shall not be less than fifteen percent per annum of the capital brought in and remaining at the time when the application for remittance of dividends is made.

Section 48 

Industrial operators in an export processing zone shall be granted exemption from payment of surcharge under the law on promotion of investment, import duty and business tax on machinery, equipment, tools and supplies including the components thereof  which are essential for the production of goods, and on materials to be used for the construction, assembly or installation of factory or building in the export processing zone; provided that they shall be at such quantity as imported into the Kingdom and taken into the export processing zone and as approved by the board and in compliance with such rules and conditions as prescribed by the Board.

Section 49

Goods imported and taken into an export processing zone for use in the production of good shall be granted exemption from payment of surcharge under the law on promotion of investment, import duty, business tax and other taxes.

Section 50 

Goods imported and taken into an export processing zone under Section 49 including products, by-products and other items arising from the production in the export processing zone shall be granted exemption from payment of export duty, business tax and other taxes if they are exports.

Section 51 

Goods imported and taken into an export processing zone including products, by-products and other items arising from the production, if taken out of the export processing zone for use or disposed of within the Kingdom, shall be subject to payment of surcharge under the law on promotion of investment, export duty, business tax and other taxes in accordance with their nature and value and at the rates of taxes and duties prevailing on the day they are taken out of the export processing zone as if they have been imported on the date they are taken out of the export processing zone. 

Section 52 

Goods granted exemption from payment or refund of taxes and duties upon export by the provision of law, which are not exported but are taken into an export Processing zone instead for use under Section 48 or Section 49, shall granted exemption from payment or refund of taxes and duties as if they have been exported on the date they are taken into the export processing zone.

Section 53 

The provision of the customs law concerning import, export, warehousing of goods shall apply mutatis mutandis to the taking of goods into or out of an export processing zone, the storage and control of removal of goods, the rules and procedure as prescribed by the Director-General of the Customs Department shall be complied with and the penalties imposed by the said law shall also apply thereto.

Section 54

In the case where IEAT deems it appropriate to order the destruction of unused or useless materials which are in the export processing zone, IEAT shall notify the industrial operator or his agent and the Director-General of the Customs Department or his designated representative of it in writing. The Director-General of the Customs Department of his designated representative shall order the destruction thereof in accordance with the rules and procedure which the Director-General of the Customs Department thinks fit.

Goods destroyed in accordance with the rules and procedure under paragraph one shall be granted exemption from payment of surcharge under the law on promotion of investment, import duty, business tax and other taxes.

Section 55

No person shall take goods which are in an export processing zone out of the export processing zone unless he has received a written permission from the Governor or his designated representative.

The granting of permission under paragraph one shall be in accordance with the rules, procedure and forms prescribed by the Board.

Section 56 

No person shall enter or live in an export processing zone unless he has received a written permission from the Governor or his designated representative and complies with the rules or regulations of  IEAT.

The granting of permission under paragraph one shall be in accordance with the rules, procedure and forms prescribed by the Board.

 

Chapter III

Competent official

 

Section 57 

The competent officials shall have power to enter the premises of the industrial operators or persons engaging in other activities in an industrial estate during working hours in order to make inquiry into facts or examine documents or objects in connection with the industrial activity or other activities from persons at such premises as may be necessary. In such case, the industrial operators or the persons engaging in other activities as shall provide the competent official with appropriate facilities.

In the case where a competent official intends to enter the premises under paragraph one, the Governor or his designated representative shall notify the industrial operator or the person engaging in other activities, of it in writing not less than twenty-four hours in advance unless the Governor of his designated representative considers it to be a matter of urgency.

Section 58 

The competent officials or customs officers shall have the power to search any factory, building vehicle and person including any goods in an export processing zone.

Section 59 

The competent officials shall have the power to arrest, without warrant, any person who is committing or attempting to commit or employing another to commit an offence or aiding or abetting another in committing an offence under this Act or the Customs law in an industrial estate, and take him together with evidence to the inquiry official under the Criminal Procedure Code for further proceedings.

Section 60 

In the performance of duties under Section 57, Section 58 or Section 59, the competent official shall produce his identity card in the form prescribed in the Ministerial Regulation to the person concerned. 

Section 61 

The competent official shall be an official under the Penal Code.

 

Chapter  IV

Control

 

Section 62 

The Minister shall have the power and duty to exercise the general supervision of the affairs of IEAT. For this purpose, he may order IEAT to give facts or opinion or submit a report or stop any action which is contrary to the policy of the Government or resolution of the Council of Ministers and has the power to order IEAT to comply with the policy of the Government or resolution of the council of Minister, and to order inquiry into facts concerning the operation of activities of IEAT.

Section 63 

In the case where IEAT is required to submit any matter to the council of Minister, IEAT shall submit it through the Minister.

Section 64 

In carrying out is activities, IEAT shall take into account the benefit of the state and the public.

Section 65 

IEAT shall open an account with a bank in accordance with the rules of the Ministry of Finance.

Section 66

IEAT must obtain prior approval from the Council of Minister for the following undertakings:

(1)   investing in the establishment or expansion of an industrial estate;

(2)   increasing capital by revaluation of its property;

(3)   reducing its capital;

(4)   borrowing money in excess of ten million Baht;

(5)   issuing bonds or other instrument for the purpose of investment;

(6)   disposing of immovable properties in excess of one million Baht in value, except for the disposing of immovable property in an industrial estate;

(7)   writing-off property in excess of one million Baht.

Section 67

IEAT shall prepare an annual budget which will be divided into capital account and working account. The capital account shall be submitted to the Council of Minister for consideration and approval while the working account shall be submitted to the Council of  Ministers  for information.

Section 68

IEAT shall set up and maintain an appropriate accounting system in accordance with categories of the main works and subject to an internal audit at regular intervals and have books of accounts in which the following particulars shall be entered:

(1)   receipts and expenditure;

(2)   assets and abilities;

which shall represent the actual and appropriate conditions of works in accordance with their categories together with the particulars which are the sources of such entries.

Section 69

The Office of the Auditor-General of Thailand shall examine and audit the accounts and finance of IEAT annually.

Section 70

The auditor has the power to examine all books of accounts and documents of IEAT and shall, for this purpose, have the power to interrogate the Chairman, Directors, members of the sub-committee, competent official, officers and employees.

Section 71

The auditor shall submit an auditing report to the Council of Minister within one hundred and twenty days after the end of accounting year and IEAT shall publish the annual report of the proceeding year showing the balance-sheet, working account and profit  and lose account duly certified by the auditor within one hundred and fifty days after the end of accounting year.

 

Chapter V

Penalties

 

Section 72

Any person who violates Section 40 shall be liable to a fine not exceeding two thousand Baht and a fine of two hundred a day from the date of the prosecution until he cases to use that name.

Section 73

Any person who fails to comply with Section 41 paragraph one shall be liable to a fine not exceeding five thousand Baht, and the court shall order him to stop the operation until he has received permission under this Act.

Section 74

Any person who violates Section 55 paragraph one shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding sixty thousand Baht or to both.

All goods which are taken out in violation of Section 55 paragraph one shall be confiscated.

Section 75

Any person who violates Section 56 paragraph one shall be liable to imprisonment for a term not exceeding one month or to a fine not exceeding one thousand Baht or to both.

Section 76

Any person who fails to provide the competent officials with appropriate facilities under Section 57 paragraph one or obstructs or fails to provide the competent officials or customs officers with appropriate facilities under Section 58 shall be liable to a fine not exceeding five thousand Baht.

 

Transitory Provisions

 

Section 77

The Governor officers and employees of the Industrial Estate Authority of Thailand under the Announcement of the National Executive Council No. 339, dated 13th December B.E. 2525 who have held office on the date of the coming into force of this Act shall be the Governor officers and employees of the Industrial Estate Authority of Thailand under this Act.

Section 78

The Board of Directors of the Industrial Estate Authority of Thailand under the Announcement of the National Executive Council No. 339, dated 13th December B.E. 2515 shall be the Board of Directors of the Industrial Estate Authority of Thailand under this Act. The Chairman and Directors of the Board shall hold office till the appointment of the new Board of Directors of the Industrial Estate Authority of Thailand.

The Board of Directors of the Industrial Estate Authority of Thailand under paragraph one shall vacate office upon the appointment of the Board of Directors of the Industrial Estate Authority of Thailand under this Act.

Section 79

All industrial estate established under the Announcement of the National Executive Council No. 339, dated 13th December B.E. 2515 shall be regarded as general industrial zone under this Act.

Section 80

All Ministerial Regulations, notifications, rules regulations and orders issued or given by virtue of the Announcement of the National Executive Council, No. 339, dated 13th December B.E. 2515, which are in force on the date this Act is published in the Government Gazette, shall continue to be in force in so far as they are not contrary to or inconsistent with this Act.

 

 

Countersigned by S. Hotrakitya as Deputy Prime Minister


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INDUSTRIAL ESTATE AUTHORITY OF THAILAND ACT (Second Edition) B.E. 2534 (1991)

 

BHUMIBOL ADULYADEJ, REX.

Given on 20th November B.E. 2534

Being the 46th Year of the Present Reign

 

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is expedient to revise the law on Industrial Estate Authority of Thailand;

Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly as follows:

 

Section 1

This Act is called the “Industrial Estate Authority of Thailand Act (Second Edition) B.E. 2534”

Section 2 

This Act shall come into force as from 1 January B.E. 2535

Section 3

The Phrase “business tax” under Sections 48, 49, 50 and 51 of the “Industrial Estate Authority of Thailand Act B.E. 2522” shall be amended to the phrase value added tax and excise tax”.

 

 

Countersigned by Mr. Anand  Panyarachun as Prime Minister

 

Remark :

The promulgation of this Act results from the revision of the Revenue Code (Volume 30) B.E.2534. Therefore, the business tax has been repealed and the value added tax is imposed instead, it is not necessary to provide exemption or business tax deduction for industrial operators.

 


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INDUSTRIAL ESTATE AUTHORITY OF THAILAND ACT (Third Edition) B.E. 2539 (1996)

 

Whereas it is expedient to revise the law on Industrial Estate Authority of Thailand.

 

Section 1 

This Act is called the “Industrial Estate Authority of Thailand Act (Third Edition) B.E. 2539”

Section 2

This Act shall come into force as from the day following the date of its publication in the Government Gazette.

Section 3

The statement under Section 4 of the “Industrial Estate Authority of Thailand Act B.E. 2522” shall be abrogated and replaced by the following:

Section 4

In this Act:

“Industrial Estate” means a general industrial zone or export processing zone;

“General industrial zone” means an area designated for industrial activities or other activities beneficial to or connected with industrial activities;

“Export processing zone” means an area designated for industrial activities, trading or services for the purpose of exporting products and other activities beneficial to or connected with industrial activities or service for the purpose of exporting products.

“Industrial operator” means a person who is permitted to engage in industrial activities  in an industrial estate;

“Trading for export” means trading or service for the purpose of exporting product;

“Trader of export” means a person who is permitted to engage in trading or service for the purpose of exporting product in an export processing zone.

“To produce” includes to make, construct, mix, assemble or pack:

“Excise tax” means excise tax that is stipulated in the Revenue Code.

“Board” means the Board  of Directors of the Industrial Estate Authority of Thailand.

“Governor” means the Governor of the Industrial Estate Authority of Thailand.

“Officer” means an officer of the Industrial Estate Authority of Thailand.

“Section 51 

Goods imported and taken into an export processing zone under Section 48, Section 49 and Section 52 including products, by products and other items arising from the production in the export processing zone, if taken out of the export processing zone for use of disposed of within the Kingdom, shall be subject to payment of surcharge under the law on promotion of investment, export duty, value added tax and excise tax in accordance with their nature and value and at the rates of taxes and duties prevailing on the day they are taken out of the export processing zone as if they have been imported on the date they are taken out of the export processing zone.”

Section 15

The statement under Section 54 of the Industrial Estate Authority of Thailand Act B.E. 2522 amended by the Industrial Estate Authority of Thailand Act (No. 2) B.E. 2534 shall be abrogated and replaced by the following:

“Section 54

In case industrial operator and trader for export apply to IEAT for the permission to destroy unused or useless materials which are in the export processing zone or in case IEAT deems it appropriate to order the destruction of the above-mentioned materials, IEAT shall notify the industrial operator or trader for export, as the case may be, or his agent and the Director-general of the Custom Department or his designated representative of it in writing. The Director General of the Customs Department of his designated representative shall order the destruction thereof in accordance with the rules and procedure which the Director-General of the Customs Department prescribes.

In case IEAT is unable to notify  the person in  Paragraph 1, IEAT shall port a notice at the said person’s office which is in the export processing zone for 7 days. There after it will be considered as the said person has already been informed.

Goods destroyed in accordance with the rules and procedure under paragraph 1 shall be granted exemption from payment of surcharge under the law on promotion of investment, import duty, value added tax and excise tax”

Section 16

The statement under Section 57 of the Industrial Estate Authority of Thailand Act B.E. 2522 shall be abrogated and replaced by the following:

‘Section 57 

The competent officials shall have power to enter the premises of industrial operator, trader for export or person engaging in other activities beneficial to or connected with industrial operation or trading for export, as the case may be, in an industrial estate during working hours in order to make inquiry into facts or examine documents or objects in connection with activities from persons at such premises as may be necessary. In such case, the said operators shall provide the competent official with appropriate facilities.

In the case, a competent official intends to enter the premises under Paragraph 1, the Governor or his designated representative shall notify the industrial operator, trader for export or other operators beneficial to or connected with industrial operation or trading for export, as the case may be, of it in writing not less than 20 hours in advance unless the Governor or his designated representative considers it to be a matter of urgency.

Section 17

To abrogate (7) under Section 66 of the Industrial Estate Authority of Thailand Act B.E. 2522.

“Employee” means an employee of the Industrial Estate Authority of Thailand.

“Competent official” means a person appointed by the Minister for the execution of this Act.

“Minister” means the Minister having charge and control of the execution of this Act.

Section 4 

The statement in (2) of Section 6 of the Industrial Estate Authority of Thailand Act B.E. 2522 shall be abrogated and replaced by  the following:

“(2) improvement of land under (1) in order to provide services as well as other facilities for an operation of industrial operators, traders for export and other operators beneficial or connected with industrial operation or trading for export, such as providing roads, drainage system, waste-water treatment plant, electricity, water works and telecommunication;

Section 5

The statement in (1) and (2) under Section 10 of the Industrial Estate Authority of Thailand  Act B.E. 2522 shall be abrogated and replaced by the following:

“(1) Surveying, planning, designing, construction, maintenance of  facilities and provision of services to industrial operators traders for export and other operators beneficial or connected with industrial operation or trading for export, as the case may be.

(2) Designation of categories and sizes of industrial activities trading for export or other business  beneficial or connected with permissible in an industrial estate shall be in accordance with the rules, procedure and conditions prescribed by the Board”

Section 6 

The statement in (4) under Section 10 of the Industrial Estate Authority of Thailand  Act B.E. 2522 shall be abrogated and replaced by the following:

“(4) Control of the operations of industrial operators, traders for export other operators beneficial or connected with industrial operation or trading for export and persons utilizing land in industrial estate in accordance with rules, regulations, and laws including  the carrying out of works in connection with public health or effecting environmental quality.”

Section 7 

To add the following statement in Paragraph 4 under Section 36 of the Industrial Estate Authority of Thailand  Act B.E. 2522.

“The stipulation of any export processing zones to be an export processing zone including trading for export shall be approved by the cabinet and after its publication in the Government Gazette.”

Section 8 

To add the following statement under Section 36 bis of the Industrial Estate Authority of Thailand  Act B.E. 2522.

“Section 36

Bis when there is an announcement of the Royal Decree in accordance with Section 36 Paragraph 3 concerning an establishment or amendment of export processing zone, public lands in the said zone will belong to Industrial Estate Authority of Thailand once the following conditions have been accomplished;

(1)   Public lands for common interest of the people, in case that the land is no more used for benefit of the people or it is changes from common interest and when the Ministry of Interior has given its consent, together with IEAT’s payment on land cost to the Ministry  of Finance in an amount as set by the Ministry of Interior, or in case that the land is still being used y the people or it is still not changed the present condition from the land for common interest, once the Ministry of Interior has given its consent and IEAT has provided another land plot for common use of the people, by the publication in the Government Gazette, it will  make that Royal Decree come into force to revoke the condition of public lands of that land with no need to revoke the condition of land or transfer under the land code.

(2)   Public lands that are particularly used for the common benefit of the country or lands that are reserved or forbidden for the need of civil service when the Ministry of finance has given its consent and IEAT has already paid for the land cost to the Ministry of finance in an amount of its assessment, by the publication in the Government Gazette, it will make that Royal Decree come into force which revokes public land condition or transfer under Real Property law.

(3)   Public lands that are uncultivated and waste or the lands that are expropriated or abandoned or returned back to public by other means under land code when the Ministry of Interior has given its consent and IEAT has paid the land cost to the Ministry of Finance in an amount set by the Ministry of Interior.

In the case there is an announcement of Section 36 Paragraph 2 to establish or modify general industrial zone, it has to enact the Royal Decree to adjust the conditions of public lands by specifying No. of Land plot and approximate areas that IEAT desires to own in the Royal Decree and when there is an enactment of that Royal Decree, IEAT will take ownership of that lands under the conditions in the same as the first paragraph.

Section 9 

To abrogate the statement in Paragraph 3 under Section 38 of the Industrial Estate Authority of Thailand  Act B.E. 2522 and be replaced by the following:

“The immovable property acquired by the expropriation in accordance with Paragraph 1 shall become property of IEAT and IEAT shall have the power to transfer it to industrial operators, traders for export or other operators beneficial to or connected with industrial operations or trading for export as the case may be”

Section 10 

To add the following statement into Section 39 bis of the Industrial Estate Authority of Thailand  Act B.E. 2522.

“Section 39

Bis land allotment for industrial estate under Section 39 shall be conformed with the law on land allotment control of private sector, however, permission which is in authority of the committee according to that law shall be in authority of the board under this Act.”

Section 11

To abrogate the statement under Section 44 and Section 45 of the Industrial Estate Authority of Thailand  Act B.E. 2522 and be replaced with the following:

‘Section 44

An industrial operator or trader for export may be permitted to own the land in industrial estate or in export processing zone required for his industrial activity in such size as the Board may deem appropriate even though it may exceed the limit permissible under other laws.

In the case  which an industrial operator or trader for export who is a foreign national ceases his business or assigns it to another person, he shall dispose of the land and its fixture which be has been permitted to IEAT or the transferee of the business, as the case may be, within three years as from the date of the cease or transfer thereof, otherwise the Director-General of the Land Department shall dispose of the said land and its fixture to IEAT in accordance with the Land Code.

Section 45 

Subject to the law on immigration only in so far as it is not provided otherwise herein, an industrial operator and trader for export may be permitted to bring into the Kingdom the foreign nationals who are:

(1)   Skilled workers:

(2)   Experts:

(3)   Spouse or dependents of persons under (1) or (2) in such numbers and for such period as the Board deems appropriate even though it may exceed the quota or period permissible under the law on immigration.”

Section 12 

To abrogate the statement in Paragraph 1 under Section 27 of the Industrial Estate Authority of Thailand  Act B.E. 2522 and replaced by the following:

‘Section 47  An industrial operator and trader for export having domicile outside the Kingdom shall be permitted to take out or remit foreign currency from the Kingdom if such currency being:

(1)   capital brought into the Kingdom and dividends or other benefits accrued therefrom;

(2)   foreign loan for the purpose of investing in industrial operation or trading for export under an agreement approved by the Board including the interest therefrom;

(3)   money which has an obligation with a foreign country under an agreement in connection with the use of rights and services in carrying out industrial operation or trading for export and such agreement has been approved by the Board”

Section 13 

The statement under Section 48 and Section 49 of the Industrial Estate Authority of Thailand  Act B.E. 2522 amended by the Industrial Estate Authority of Thailand  Act (No. 2)  B.E. 2534 shall be abrogated and replaced by the following:

“Section 48

Industrial operator and trader for export in an export processing zone shall be granted exemption from payment of surcharge under the law on promotion of investment, import duty, value added tax and excise tax on machinery, equipment, tools and supplies including the component thereof which are essential for the production of goods or trading for export, as the case may be, and on materials to be used for the construction, assembly or installation of factory or building in the export processing zone, provided that they shall  be at such quantity as imported into the Kingdom and taken into the export processing zone and as approved by the Board and in compliance with such rules and conditions as prescribed by the Board.

Section 49 

Goods imported and taken into an export processing zone by industrial operator and trader for export for use in the production of good or trading for export shall be granted exemption from payment of surcharge under the law on promotion of investment, import duty, value added tax and excise tax but all this including goods taken out of an export processing zone into other export processing zone”.

Section 14 

The statement under Section 51 of the Industrial Estate Authority of Thailand  Act B.E. 2522 amended by the  Industrial Estate Authority of Thailand  Act (No. 2) B.E. 2534 shall be abrogated and replaced by the following: