Land in Thailand: Enforcement and Punishment

If it appears the fact thereafter that there is the land holding as an agent for an alien, the legal procedure shall be enforced as follows:

1) Measures on land by enforcement to dispose of the land in accordance with legal procedures. 
Under section 94 and 96 of the Land Code, stipulate that when it appears that person who obtained the land as an agent for an alien or alien entity or alien who obtained the land illegally, he/she shall dispose of such land in the portion of his/her possession within the period of time specified by the Director-General of the Department of Lands which shall be not less than one hundred eighty days and not more than one year.

2) Measures on individuals with criminal offense and to be punished in accordance with laws.
In the case of applying for land registration as an agent for an alien, there will be a criminal offense as follows;
2.1. Offenses against the Section 267 of Criminal Code: whoever, making the false statement in the official document to the competent official, shall be imprisoned of not exceeding three years or a fine of not exceeding 6,000 baht of both.
2.2. Offenses against the Land Code.
- Section 111 of Land Code: an alien who acquire of any land illegally shall be imprisoned of not exceeding two years or fined of not exceeding 20,000 baht, or both.
- Section 112 or Section 113 of Land Code: Thai national acquire any land as the agent for an alien or an alien entity shall be imprisoned of not exceeding two years or fined of not exceeding 20,000 baht, or both.

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Credit: Department of Lands

Land in Thailand: Acquisition of Land by Alien

According to Section 86 of the Land Code, an alien may acquire land in Thailand only by virtue of the provision of a treaty providing him with the right to own immovable property. Obtaining such acquisition is subject to the provision of the Land Code and the Ministerial Regulations issued under the Code, and the permission must be obtained from the Ministry of Interior. Before the termination of the treaty which was made on February 27th, 1970, there were 16 countries bided to the treaty ; USA, England, Switzerland, Germany, Denmark, Norway, the Netherlands, France, India, Belgium, Sweden, Italy, Japan, Burma, Portuguese, and Pakistan. Since then, Thailand has no longer made any treaty with any country to allow an alien to acquire land in Thailand by virtue of a treaty.

                         However, the Land Code has been amended with Section 96 bis providing that since January 19th, 2002, an alien who invested not less than forty million baht and maintain the investment not less than five years is allowed to purchase land in Thailand for residential purpose and the land to be purchased shall be not more than one rai in area. Moreover an alien shall comply with other rules and regulations stipulated by Thai laws.

                         Besides the aforementioned method, an alien may acquire land by inheritance as statutory heir, in this instance, the land devolved when combined with the land already acquired shall not exceed that specified by law, for examples, land for residential purpose not exceeding 1 rai per household, land for commercial purpose not exceeding 1 rai, land for industrial purpose not exceeding 10 rais, and land for agricultural purpose not exceeding 10 rai per household.

                         An alien whose spouse is a Thai national either legitimate or illegitimate, that Thai national can purchase land but the alien spouse of that Thai national must give a joint written confirmation that the money which that Thai national will expend on purchasing the land is wholly the separate property or personal effects of that Thai national and not the Sin Somros or jointly acquired property.

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Land in Thailand: Acquisition of Land for Residential Purpose by foreigners

Foreigners bringing money not less than forty million baht  for investment may apply for acquisition of land for residential purpose not more than one rai in area, provided also that permission must be obtained from the minister. Under section 96 bis of the Land Code, the application for such acquisition of land shall be in accordance with rules, procedures and conditions prescribed in the Ministerial Regulation as follows:

1. In the case of foreigners, who bring money for investment and wish to apply for permission to acquire land for residential purpose, shall lodge an application to the competent official under section 71 of the Land Code.

2. Persons who are granted permission shall maintain the investment period not less than five years. He/She is required to produce the evidence of possession in the investment which shall not be less than forty million baht to the competent official according to section 71 once a year, on five consecutive years and each year shall be no later than the date making the acquisition registration of the aforementioned land.

3. Persons who are granted permission shall utilise such land for a residential purpose of his/herself and the family in a way that is not contrary to the local custom or good living of the local community.

4. Persons who are granted permission shall inform such land utilisation for a residential purpose to the competent official according to section 71 within sixty days as from the date of utilisation.

5. Persons who are granted permission shall facilitate the competent official supervising the use of such land to ensure that the utilisation is in according with rules and conditions prescribed in the law once he/she receives a written notification from the competent official.

6. If persons granted permission withdraws an investment in the business or activity before the due date of investment in 2, he/she shall inform in writing to the competent official within sixty days as from the date of making the withdrawal.

7. Persons granted permission shall utilise such land for residential purpose within two years as from the date of the land acquisition registration.

8. If persons granted permission do not comply with the rules and conditions, the Director General shall have the power to order such person to dispose of the land in a portion of his possession within the period of not less than one hundred eighty days and not more than one year. If the time limit elapse the the Director General shall have the power to dispose of such land.

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Court fees (Thai Civil Case)

Court fees are the fees charged by the Court upon entry of plaints or motion filed or applied by the person whose rights and duties under the civil law are in dispute. The court fees can be categorized as follows:

Case with computable monetary value claim

          These are the cases where the relief sought is to acquire a sum of money or a property which is computable in terms of money, and yet does not belong to him or her, from another person. The claimed amount of money or value of property, such as houses, lands or cars, shall be deemed as the amount of money in dispute. 

           In cases with computable monetary value claim, court fees for the amount not exceeding fifty million baht shall be the rate of 2 baht per hundred baht of the amount of money in dispute but shall not exceed two hundred thousand baht. For the amount exceeding fifty million baht, the court fees shall be charged at the rate of 0.1 baht per hundred baht of the claimed amount.

Case with non-monetary claim

          These are cases where the relief sought is to cease grievances or damage that is not computable in terms of money, for instance, a request for enforcing the defendant to take some action or restrain from doing certain action for the benefit of the plaintiff without any request or claim for a sum of money or certain properties.

           In the cases with non-monetary claim, the plaintiff will be charged at the rate of 200 baht per case. The charge for the case where the relief applied for is partly computable in terms of money and is partly not computable shall be at the same rate charged for cases with computable monetary value claim but not less than 200 baht.

There are various types of court fees. So you would be notified by your lawyer depending on your case.

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Thai Civil Case

What is a Civil Case?

        A civil case, commencing with the submission of a plaint to the Court, whether such plaint is made orally or in writing, is the case where there are unsettled disputes, arguments, or accusations with regard to personal rights in general, for instance, a plaint requesting the borrower and the surety to perform their obligations under the loan and the suretyship agreement, and a claim for eviction of a tenant from the leased premise. The purpose thereof is to enforce the defendant to perform his or her obligation, to act or to restrain from certain action for the benefit of the plaintiff, not to impose physical punishment on the defendant, for instance, imprisonment or detention, or to impose monetary sanction on the defendant's property, for instance, fine or forfeiture of property.
      Besides the aforementioned disputes, arguments or accusations, civil cases also include the case where any third person is legally required to file an application with the Court for acknowledgement and protection of his or her rights, for instance, an application for the Court's order with respect to the ownership of a land with title deed, acquired through peaceful and open possession of such property, and with the intention to be its owner, for an uninterrupted period of ten years, or a request for administering the estate of the deceased.

The next blog is the expense incurred during a civil case proceeding.

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Credit: Court of Justice