Pages

ads 728x90

How is slavery here?

Tuesday, August 5, 2014

Well, taking, importing or exporting humans or buying or selling them, for slavery or to enslave them or to keep them in a position similar to a slave is punishable with imprisonment of not more than seven years and fine not more than fourteen thousand baht. 
If the damaged person is under 15, the offender shall be imprisoned from three years to 10 years and fine not more than twenty thousand baht. If the damaged person is affected either mentally or bodily, the offender is imprisoned from five to fifteen years and fine not more than thirty thousand baht. 
If the damaged person is severely harmed, the offender shall be imprisoned for lift or imprisonment from seven to twenty years. 
If the damaged person dies because of the offence, the offender shall be punished with death or imprisonment for life or imprisonment from fifteen years to twenty years. 
Any person receiving the damaged person from the offender for furthering such illegal practices shall be imprisoned not more than five years. The offender is still guilty though he/she has given consent to the offender if the damaged person is under 18 years old. 
If the damaged person is under fifteen years old, the imprisonment for that is higher but not more than seven years.

By KRAIVIT BUSINESS AND ESTATE LAW OFFICE :
WWW. K- HUAHINLAWYER.COM

Bangkok gets cheaper for expats Mercer survey lists most-expensive cities worldwide

Thursday, July 10, 2014

Bangkok gets cheaper for expats
Mercer survey lists most-expensive cities worldwide

Bangkok has become a markedly cheaper place for expatriates to live in the past year, according to Mercer LLC’s annual list of the world’s most-expensive cities

Thailand's capital fell from 66 to 88 on the 2014 survey of 211 cities worldwide, which measures the comparative cost of more than 200 items, including housing, transportation, food, clothing, household goods, and entertainment. Rankings are based on fluctuations of currencies against the US dollar and the impact of inflation on goods and services using New York as a baseline. 

Luanda, Angola remained the world's most-expensive city for expats and three Asian cities - Hong Kong, Singapore, and Shanghai - ranked in the top 10. Mercer said Beijing (11), Seoul (12), Osaka (23), Guangzhou (24), Nagoya, Japan (40), Nanjing (47), Tianjin (50), Shenyang (54), Taipei (61), Yangon (66), and Chengdu (71) all are more expensive than Bangkok this year.
"Japanese cities have dropped in the ranking this year as a result of the yen's weakening against the US dollar," said Nathalie Constantin-Métral, the Mercer principal who compiled the survey. "However, Chinese cities jumped in the ranking, including Shanghai, Beijing, and Shenzhen, due to the strengthening of the Chinese yuan."
Bangkok dropped 22 places on this year's survey, due largely to the baht's depreciation against the dollar and political instability that has made expat-quality accommodations easier to procure.
"Rankings in many regions were affected by recent world events, including economic and political upheavals, which resulted in currency fluctuations, cost inflation for goods and services, and volatility in accommodation prices," said Ed Hannibal, Partner and Global Leader for Mercer's Mobility practice.
Two African cities, Luanda and N'Djamena, Chad, topped the Mercer list, even though they are relatively inexpensive cities, Mr Hannibal said. The reason is that both "are quite costly for expatriates since imported goods come at a premium. In addition, finding secure living accommodations that meet the standards of expatriates can be challenging and quite costly as well."
Rounding out the top 10 were Zurich, Geneva, Bern and Moscow. Karachi, Pakistan was named the least-expensive expat city while Phnom Penh (169) was Asia's least-expensive city.
Examples of costs driving the survey were rent of a two-bedroom unfurnished apartment. In Birmingham, England - which ranked just one place below Bangkok - a flat cost $1,406 a month while the same apartment in Hong Kong cost $6.960.
A movie ticket in Birmingham was $15.72 vs. $11.60 in Hong Kong, and cup of coffee was $3.72 vs. $6.64 in Hong Kong.
thank for infomation : http://www.bangkokpost.com/news/local/419875/bangkok-gets-cheaper-for-expats

Police lose drug suppression lead

The National Council for Peace and Order (NCPO) plans to authorise provincial governors and district chiefs to take the lead in narcotics suppression in their areas instead of local police 

In a three-hour meeting on narcotic suppression policies with 1,350 provincial authorities at the Army Club on Vibhavadi Rangsit Road in Bangkok on Thursday, assistant army chief Gen Paiboon Khumchaya, who supervises legal and justice affairs for the NCPO, said that authority over narcotics suppression would be taken back from the police and politicians and delegated to provincial governors and district chiefs as the latter were naturally responsible for the well-being of their local people.

Gen Paiboon said laws would be amended to give the authority to provincial governors and district chiefs and it would include the power to promote and demote government officials in areas under their jurisdiction as far as drug suppression was concerned.

"You can tell me right away what the problems are and which laws must be amended. I can do it in seven days but you must do your best," Gen Paiboon told the meeting of provincial authorities including provincial governors, district chiefs and provincial police commanders.

The assistant army chief said during the tenure of the Pheu Thai-led coalition when former labour minister Chalerm Yubamrung supervised drug operations, power over narcotics suppression had been transferred to the police, and provincial governors had been powerless on drug control.

Gen Paiboon said narcotics problems and influential groups were rampant in Pattaya. He warned the authorities involved to stay away from illicit businesses or they would face tough action.

After the meeting, Gen Paiboon told reporters that the Ministry of Interior, which supervises provincial governors and district chiefs, will take the lead in narcotics suppression and provincial authorities would assigned to tackle narcotics problems systematically within three months.

He gave an assurance that he would support provincial and district authorities in their mission. He said he felt provincial governors and district chiefs were ready to take up the task.


thank for www.bangkokpost.com/news/local/419894/police-lose-drug-suppression-lead

Chiang Mai condo prices hit new highs

Thursday, May 29, 2014

The new luxury Baan Chiang Mai Riverside condos has pricing similar to Bangkok.
By Keith Humphreys
Despite the political issues being faced by the country, the local condominium market is showing no signs of being affected. In fact, asking prices for high quality projects under construction adjacent to the Ping River have reached a new benchmark with The Baan Chiang Mai Riverside, an exclusive, luxurious 14 unit development just south of the city, quoting prices if Baht 150,000/m2—such pricing akin to some new projects in the capital Bangkok.
Simon Bradshaw, a Director of Perfect Homes, a leading Chiang Mai property agency, said: “This just proves that, as we have said before, people are willing to pay for quality. Without a doubt, the quality of projects in Chiang Mai, both in terms of design and finishes, has improved greatly over the last 2-3 years.”
With 1-2 bed units ranging from 65m2 to over 120m2, and offering 3-4 different interior fit outs, The Baan Chiang Mai Riverside appears to offer something for everyone. The official launch is planned for July but more details can be obtained from Perfect Homes at this time.

Thank : http://www.chiangmai-mail.com

Expat women; the Need for Expert Advice

By Don FreemanThis is the second part of a two part series on the financial issues expat women face. Even if you believe your current financial situation is easy for you and/or your spouse to manage on your own becoming an expat will immediately complicate your financial situation and overall life considerably.
You should either consult with on a regular basis or be ready to consult together with the following experts:
Tax Accountant. Unless you are retired and plan to keep most of your financial assets in your home country, you will need to find a tax accountant who understands expat tax issues – especially if you are American and have worldwide tax and financial reporting obligations about overseas financial assets. A tax accountant who understands expat tax issues will cost more than your typical tax accountant, but he or she can end up saving you significant amounts of money by ensuring you are in full compliance with all applicable tax laws and asset reporting rules.

Attorney. While sites like Legalzoom.com and various legal software programs are very useful for helping you to come up with some basic estate planning documents like wills and power of attorneys, it’s always a good idea to have an attorney look over such documents. It’s also advisable to have an attorney in the country where you will be residing (and ideally one who is familiar with you home country’s laws) to also take a look at all of your estate planning documents to make sure they are not in conflict with that country’s laws.
Insurance Expert. Insurance is all about protecting you from risk and unforeseen accidents, but many expats fail to have the right amount or the right kind of insurance. Specific types of insurance you need to carry as an expat woman or ensure that your household has would include expat health insurance that covers medical evacuation to your home country; life insurance on anyone whose income you are dependent on as expats are usually ineligible for unemployment compensation from their home countries; disability insurance as most Western countries do not allow you to collect or even file for disability compensation while living abroad; long-term care insurance if you are near retirement; and some sort of umbrella liability insurance to cover your home, car and any other property in the even of an accident, disaster or theft. With all of that in mind, an insurance expert should take a look at your current coverage and see where there might be gaps or the need to purchase additional coverage. 

Financial Adviser. Having expert investing and financial planning advice will be critical for a comfortable retirement with the best financial advisers being those who work under the fiduciary standard rather than the suitability standard. Under the fiduciary standard, financial advisers are required to put their own interests below those of any clients and are required to provide information that is as accurate or complete as possible while avoiding conflicts of interest. This means no commissions paid by investment firms for selling or pushing their financial products. Instead, such financial advisors earn income by charging a small annual fee that is the percentage of the amount of assets under management - meaning there is an incentive to grow your investment account while avoiding both risky investments and excessive trading that generate commissions. Finally and as an expat, be sure to find a financial advisor who is licensed by proper regulatory authorities both locally and abroad (e.g. the US Securities and Exchange Commission) as the world of financial advice for expats is often like the wild west filled with scams and dubious investment products or salesmen masquerading as experts.
How often should you consult with all of these experts? Generally speaking and unless your life or financial situation is overly complicated (e.g. you have a business in a foreign country) and baring any major changes in your life, you would only need to consult with an attorney and an insurance expert once every few years while it’s a good idea to consult with a tax accountant near the end of every financial year and of course before you must file a tax return or fulfill any asset reporting requirements (e.g if you are American and maintain large overseas financial accounts).

You should schedule a meeting with your financial advisor at least twice a year (towards the end of the year around the time you consult with your tax accountant and near the middle of the year to review your financial plan, goals and investment performance) or more if your financial situation is overly complicated or if the markets are particularly volatile.

It is important that you and your spouse select an advisor who you BOTH feel comfortable working with together or alone and can build a good rapport and long term working relationship. Wives will statistically tend to outlive their husbands and it will be important to have some continuity when it comes to financial advisory should you outlive your spouse. And while you might be comfortable working with a financial advisor who is in the same age bracket you are in, this may not make much sense if you are near retirement or already retired because your financial advisor will also be thinking about retiring - meaning you will have to look for a new one when he or she leaves the business.

The expat life is not just for men anymore as women of all age brackets and marital statuses or family situations increasingly work and/or retire abroad. Keeping the above issues in mind and seeking out the right expert advice will go a long way towards helping you as an expat woman to live a long and comfortable life abroad.
Don Freeman is president of Freeman Capital Management, a Registered Investment Advisor with the US Securities Exchange Commission (SEC), based in Phuket and Chiang Mai, Thailand. He has over 15 years experience and provides personal financial planning and wealth management to expatriates. Specializing in UK and US pension transfers. Call 089-970-5795 or email:freemancapital@gmail.com.

thank : http://www.chiangmai-mail.com

Trademark seminar for entrepreneurs

Officials from the DPI and Trademark Office met with local businesspeople to educate them on the upcoming Madrid Protocol for International Trademark Registration and to encourage entrepreneurs to apply for trademarks as soon as it is passed by Parliament.

Nopniwat Krailerg
The Department of Intellectual Property (DIP) held a seminar for local entrepreneurs on the upcoming AEC and the importance of trademark registration and how to register their own trademarks under the Madrid Protocol for international registration of marks. The system will become widespread with the full implementation of the AEC next year, the Deputy Director General of the DIP, Somsak Phanichayakul remarked.
The seminar, which will also be held in the North east at Nakhon Ratchasima and Samut Prakan in the Central region, was held at the Kantary Hills Hotel Chiang Mai on April 30, 2014 and saw representatives from related agencies, institutions, the Thai Chamber of Commerce and the Federation of Thai Industries of all nine provinces in the North including Chiang Mai, Chiang Rai, Lampang, Lamphun, Mae Hong Son, Nan, Phayao, Phrae and Uttaradit attend the event.

Voravut Posaganondh, Director of the Trademark Office said that the Department of Intellectual Property (DIP) had arranged the seminar to focus on the main issues on the international registration of trademarks or Madrid Protocol an important tool for increasing demand for their products or services.
The Deputy Director- General at the Department of Intellectual Property also stated that the department plans to be a member of the international trademark registration or Madrid protocol in 2015. This will help Thai entrepreneurs to ask for trademark protection in other countries more conveniently and economically. Currently there are 91 countries joining this trademark protocol. In the ASEAN community, three countries are already members of the Madrid protocol; Singapore, Vietnam and Philippine.

The DIP has prepared to join the Madrid Protocol since 2005 by amending laws and organizing the necessary technology to connect with the trademark registration system of the World Intellectual Property Organization. Thai Parliament approved Thailand’s membership in the Madrid Protocol on October 16th, 2012. However, the draft amendment of the Trademark Act for the affirmation of membership is currently being considered by the Office of the Council of State. It is expected to be proposed to the Cabinet and Parliament in the name of the Commerce Ministry for completion immediately after the election for Prime Minister is completed.

thank : http://www.chiangmai-mail.com/current/real-estate.shtml

Advice of consideration for supporting your decision

Wednesday, May 28, 2014

Advice of consideration for supporting your decision :

-          Category of the Land: In Thailand, there is the land with various types of title documents that give various legal effects; some categories of the land are prohibited by the law to buy and sell with each other. Therefore, you shall understand these points.
-          Category of the Contract: Especially a foreigner, he/she cannot possess the land according to the Thai Law. How you will therefore have the right of residence which is similar to the action of being the owner at the most? Surely, the contract in each category differently has good and bad points; it is up to the conditions of each person.
-          Conditions of the Contract: Using the words in the contract effects to the rights and duties against the contractual parties.  Surely, the person who will understand this matter shall be the legal officer only.

-          The Seller’s Status: in addition to the introduction and inducement to have you buy the house, is there anyone introducing the buyer to verify the seller’s status? Many persons think that it is the direct duty of the broker and sometimes, the benefit in his/her own commission may be lost but we shall accept that the seller’s status is the important matter to be considered; for example, verifying whether the seller is the bankrupt or not because according to the Bankruptcy Act, A.D. 1940, Section 24, enacting when the Court orders the comptrollership of the debtor’s property, the debtor is prohibited to do any action on his/her property or business unless this will be done as per the order or approval of the Court, comptroller, trustee or the creditor’s meeting as enacted in this Act.

Therefore, if the seller is the person who is during the process ordered by the Court for bankruptcy, the transfer shall be revoked afterwards. Surely, the unpleasant matter for the buyer is to verify whether the seller has any debt or not and the property to be bought is during the process of case prosecution in the Court or not. As a result, buying and selling the property may be prosecuted for revocation afterwards. According to the Civil and Commercial Code, Section 237 enacting that it is valid for the creditor to prosecute and revoke the juristic act done by the debtor that it causes disadvantage against the debtor. Although, the law protects the honest buyer who does not know the said fact, he/she will be protected but there is no buyer desiring to employ the lawyer to defend the case in the Court after buying and selling the property.

Accordingly, verifying the seller’s status is the matter which should not be neglected in order to prevent the prospective problems.

The Status of Property Relation between the Husband and Wife:
If the buyer has a spouse, for buying the property before marriage and buying the property after marriage, how will they be given effect to the Thai law? How will we do to be able to make a contract of exemption not to have these laws enforced him/her. It is one matter to be considered.

The Transfer of Property or Grant of Property in Succession to the Heir:
It is sure that everyone has no immortal life. Therefore, how will you do to have your property become in succession to your heir or beloved person? Then, it is up to the contract in each category whether it will give a chance of doing such action or not.


In case the condominium is not yet completed:
 
1.         Every condominium projects require the construction license granted from the local           authorities under the Building Control Act B.E. 2522.
 
2.         The land where the condominium is situated must be evidenced only by “Chanode”          land deed. Check if the land is owned by the project owner. Also check if there is no any encumbrance other than mortgage on the land because the land with any encumbrance other than mortgage cannot be registered for condominium construction. If you do not trust the evidences provided by the project, the evidences can be rechecked at the local land office.
 
3.         Check the layout plan around the building if there is an access or not and if such access is public or private. In case of private access, check who owns such access and if such access is registered the servitude allowing the land where the condominium is situated to use such access.
 
4.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit.
 
5.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.
 
6.         In case the condominium project has more than 80 units or has the utility space more than 4,000 square meters, the Environmental Impact Assessment (EIA) report approved the committee under the proclamation from Ministry of Natural Resources and Environment is needed.
 
7.         Check and keep record when the construction of the condominium will start and when the condominium will be completed.  
 
In case the condominium has already been completed:
 
1.         Check if the building is registered as the condominium and who apply for such register. The evidences can be rechecked at the local land office.
 
2.         Check and record the land deed’s number, layout plan of the building and the access of the building.
 
3.         Check if the list of private properties and common properties match with the project’s brochures and advertisement.
 
4.         Check all expenses aside of the condominium unit cost such as public services and utilities fee, common fee, maintenance fee and the fund under Section 40 of Condominium Act which should be paid in advance by the purchaser.
 
5.         Check if the regulations of the condominium’s juristic person are acceptable and legal.
 
6.         Keep all brochures and advertisement of the project safe. It may be used as an evidence for the future dispute or lawsuit especially in case of over-advertising or false advertising.
 
7.         Check the name, address and legal status of the project owner. Also check if it is normal person or juristic person and if it has the right over the land where the condominium is situated or not. In case of juristic person, check if it is legal established or not and check its registered capital, its paid capital and a name list of its managing director. All above information can be checked at Department of Business Development.



Credit By Mr. Kraivit : Huahin lawyer office.
If you are in Thailand, Hua Hin, you can request a consultation at k-huahinlawyer.com 
 

CONTACT

Phone +66(0)32-900408 Fax +66(0)32-900408 E-mail kraivit.huahinlawyer@gmail.com

Most Reading