Professional Ethics and Laws for Tourism “Law of Thai Immigration”

1. Professional Ethics and Laws for Tourism “Law of Thai Immigration”

2. Immigration It is the introduction of new people into a habitat or population. It is a biological concept and is important in population ecology, differentiated from emigration and migration. TO move out of your home country Immigration is the arrival of new individuals into a habitat or population.

3. Role and Duty of Immigration Control - Immigration control is the process by which countries government will determine who is eligible to live in their country. - Immigration is a term given to the movement of people between different countries. - The immigrant must obtain a visa or other documentation that certifies that they are eligible to immigrate to the specified country.

4. What is Tourist? Tourist is people who "traveling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes". Reference: http://en.wikipedia.org/wiki/Tourism

5. What is an immigrant? General Meaning means An Immigrant is a person who has citizenship in one country but who enters a different country to set up a permanent residence. Just entering another country does not make you an immigrant. In order to be an immigrant you must have citizenship in one country, and you must have gone to a different country with the specific intention of living there. (Short-term visitors and tourists are not considered immigrants.) Immigration Meaning means any alien who enter the kingdom

6. What is “Alien”? According to the “Immigrant Act, B.E. 2522” “Alien” means any person who is not of Thai nationality under the nationality Act

7. Immigration of Thailand History Before 1927 : In the past entering and leaving Thailand was done freely. 1927 During the seventh reign of the Bangkok dynasty, King Rama VII Prachathipok issued the royal immigration act 2470 (1927) and created the Immigration Department within the Ministry of the Interior and put it in charge of controlling the arrivals to and departures from Thailand, in order to be in line with other civilized nations. 1932 : the Immigration Department was attached to the Police Department and its name changed into Immigration Division. (Thailand changed its political system.) // At the same time an economic crisis caused the new government to cut its budget, which resulted in the former Immigration Department to be downgraded to the Immigration Division under the command of the Police Department of the Ministry of the Interior in November 1932.

8. 1935 : the Immigration Division moved its headquarters to a new location on South Sathorn Rd. This locality is presently used as accommodation of the Yannawa Police Station. The number of immigration checkpoints and offices was increased in the Northern, Northeastern and Southern regions. 1940 : After World War II, the Immigration Division asked for permission to use the location of the German embassy 1960 : On June 22, 1960, the Immigration Division moved into its new built head office at the mouth of SoiPhiphat, which was later used as Foreigner Registry and Taxation Division. 1973 : Moved to a new location (the present head office) on SoiSuanphlu off South Sathorn Rd. in Sathorn District, Bangkok Source : Immigration's duties workbook 23 January 1994

9. The Immigration Bureau has the following duties and authorities 1. Serves as a strategy intendance for Royal Thai Police to plan, control, examine, recommend and suggest about immigration procedures according to related laws. 2. Performs duties according to Criminal Procedure Law, Immigration Act, Alien Registration Law, Human Trafficking Act and other related criminal laws. 3. Collaborates or supports other related agencies or upon assignment.

11. Visa A visa is a document of authorization for a non-citizen to travel, enter, cross or remain in a particular country. A visa does not guarantee entry; this is the decision of the immigration officials of the country concerned. If you are visiting for a short period of time, the immigration officials may ask you to present return tickets and evidence of funds to cover the visit. Reference: Tourism Law, KittiwatRattanadilok, 2550

12. A visa is a document entitling the holder to enter a country. A visa is either a stamp or a sticker in the passport and is made according to international regulations. According to international agreements, when a citizen of one country wishes to travel to another country, he or she first has to obtain a visa from the consulate or consular section of the embassy of the country is going to visit. If permission is granted, a stamp or sticker is affixed to his or her passport and he or she may travel to the country of destination. Although basically a visa has to be obtained before travelling to a foreign country, some countries have mutual agreements of visa exemption for their citizens and some countries allow citizens of some countries to enter without visa.

13. Thailand uses a mixed three way system, visa. 1. Persons who have to apply for a visa before travelling to Thailand 2. Persons who may obtain a visa on arrival at some immigration border checkpoints and at international airports in Thailand 3. Persons who are exempted from visa requirements to enter Thailand, which applies mostly to citizens of developed countries with adequate standard of living who enter Thailand for short-term visits as tourists for not more than 30 days.

14. Travel to Thailand  Securing Visas upon entry in ThailandThe VISA ON ARRIVAL allows passport holders of 19* countries to enter Thailand under this rule provided that they meet these requirements: 1.The visit is strictly for tourism purposes. 2.They must have a confirmed return ticket to show that they are flying out of Thailand within 30 or 15 days of entry, as appropriate. Open tickets do not qualify. Travelling overland out of Thailand by train, bus, etc to Cambodia, Laos, Malaysia (including en route to Singapore), Myanmar, etc is not accepted as proof of exiting Thailand.

15. You may be asked to show your flight ticket on entering Thailand. If you do not possess a flight ticket to show you will be exiting Thailand within 30 or 15 days of entry you will be most likely to be refused entry. • It will also be necessary to prove that you have funds of at least 20,000 THB per person during your stay in Thailand. A fee of 1,900 THB is payable upon entry and is subject to change without notice.However, persons who are not eligible to enter Thailand under the VISA ON ARRIVAL and VISA EXEMPTION RULE are advised to obtain visas with the Royal Thai Embassy prior to their visit.

16. 19 Countries eligible to enter Thailand under the VISA ON ARRIVAL rule: 1.Bhutan 2. China 3. Cyprus 4. Czech Republic 5. Estonia 6. Hungary 7. India 8. Kazakhstan 9. Latvia 10. Liechtenstein 11. Lithuania 12. Maldives 13. Mauritius 14. Poland 15. Saudi Arabia 16. Slovakia 17. Slovenia 18. Taiwan 19. Ukraine

17. Visa Exemption Passport Holders who can enter Thailand without a Visa The VISA EXEMPTION RULE allows tourists from 48* countries to enter without a visa. They are granted a stay of maximum 30 days but only if entering Thailand via an international airport. However, persons, entering through a land border checkpoint from neighboring countries will be granted a maximum stay of 15 days.

18. Argentina • Australia • Austria • Bahrain • Belgium • Brazil • Brunei • Canada • Chile • Denmark • Finland • France • Germany • Greece • Hong Kong • Iceland • Indonesia • Ireland • Israel • Italy • Japan • Korea • Kuwait • Laos • Luxembourg • Macau • Malaysia • Monaco • Mongolia • Netherlands • New Zealand • Norway • Oman • Peru Philippines Portugal Qatar Russia Singapore South Africa Spain Sweden Switzerland Turkey United Arab Emirates United Kingdom United States Vietnam 48 Countries allowed to enter Thailand under the VISA EXEMPTION RULE:

19. Type of Visa - Diplomatic Visa - Official Visa - Non-Immigrant Visa - Tourist Visa - Transit Visa - Immigrant Visa Under Section 41 - Non Quota Immigrant Visa (Re-entry Visa) - Courtesy Visa - Etc,

20. Tourist Visa A tourist visa will be issued to applicants wishing to enter the Kingdom for tourism purposes. You are not allowed to work or conduct business with a tourist visa.

21. A tourist visa can be used to stay in Thailand for up to 30 days or up to 60 days and can be extended by 30 days at the nearest Immigration office. Normally there is a fee of 1,900 Baht (as per 2008-01-17) but until March 31st 2011 they are free. • A tourist visa is needed when a person plans to stay in Thailand for tourism purposes longer than is allowed when entering under the visa exemption, or if a person is from a country that has no visa exemption agreements with Thailand. • Reference: http://www.thaivisa.com/tourist-visa.html

22. TOURIST VISA FEE USD 30.00 per entry or equivalent (as per 2008-01-17)(Visa fee may be changed without prior notice) VALIDITY OF A TOURIST VISA The validity of a visa is three months or six months. That means that you must utilize your visa within 90 or 180 days (dependent on number of entries) .(Only for persons who have to apply for a visa before travelling to Thailand ) PERIOD OF STAY Upon arrival, travelers with this type of visa will be permitted to stay in Thailand for a period of not exceeding 30 days or 60 days.Nationals of countries which are on Thailand’s Tourist Visa Exemption list or have bilateral agreements on visa exemption with Thailand will be permitted to stay for a period of not exceeding 60 days.  Nationals from other countries who hold a tourist visa will be permitted to stay in Thailand for a period of not exceeding 30 days

23. Re-Enter Tourist can leave Thailand and re-enter Thailand to get another 30 days (by air) of 14 days (by land) for a total duration of 90 days within 6 months. This means, for example, if you're planning a trip to Thailand, Laos and Cambodia, which involves four stays in Thailand of ten days each, you DO NOT NEED to get a visa in advance. If you're planning on more than 90 days in Thailand though, you will need to look into getting s proper Tourist visa at a Thai consulate or embassy.

24. EXTENSION OF STAY Those who wish to stay longer or may wish to change their status of visa must file an application for permission at the immigration office at Government Center or Immigration Bureau. The extension of stay as well as the change of certain type of visa is solely at the discretion of the Immigration officer, the immigration officer may require sight of documentation where are staying (rent agreement/hotel bill/letter from friend etc)

26. Thai Immigration Card

28. Immigration Act In the name of his Majesty King Bhumibol Enacted on the 24Th of February B.E. 2522 The 34Th year of the present reign Whereas it is deemed proper to revise the Law on immigration

29. Immigration Act, B.E. 2522 Consists of 8 Chapters and 92 Sections • Chapter 1 immigration Commission • Chapter 2 Entering and Department the Kingdom • Chapter 3 Conveyance • Chapter 4 Temporary Stay in the Kingdom • Chapter 5 Entering to take Residence in the Kingdom • Chapter 6 Deportation of the Aliens • Chapter 7 Miscellaneous • Chapter 8 Penalty

30. Section 1 : This Act shall be called the “ Immigration Act, B.E. 2522 ” Section 2 : This Act shall be enforced after the lose of ninety days from the date of its publication in the Government Gazette.

31. Section 4 : The definition in this Act “ Alien” means any person who is not of Thai nationality under the nationality Act. “ passenger ” means any person other than the person in charge , or the crew of conveyance “ Immigrant ” means any alien who enters the Kingdom. “ House Master ” means any persons who is the chief possessor of a house , whether in the capacity of owner , tenant , or in any other capacity whatsoever , in accordance with the law on people act. “ Dwelling Place ” means any place used for habitation such as a house shed , boat or floating house which human beings inhabit .It also includes the precinct of the place used for habitation , whether it be enclosed or not , in accordance with the Panel Code.

32. The definition in this Act (Cont’) “ Hotel ” means any place built for remuneration for travelers or persons who wish to look for a place to stay or rest for a period of time , in accordance with the law on the hotels. “ Commission ” means The Immigration Commission. “ Competent Official ” means any officer appointed by the Minister to carry out a function in conformity with this Act. “ Director ” means Director General of the Police Department. “ Minister ” means the Minister in charge of this Act.

33. The definition in this Act (Cont’) “ Conveyance” means any vehicle or beast of burden or any other object(s) which may be used in conveying persons from one place to another. “ Owner of Conveyance ” includes an agent of the owner , a person renting, an agent if the person renting, possessor , or an agent of the possessor of the conveyance , as the case may be. “ Person in charge of conveyance” means the master of the vessel or person responsible for the control of the conveyance. “ Crew of conveyance” means the person who has a function , duty , or work in the conveyance , and in the interest of this Act , it includes the person in charge of conveyance driving the conveyance without a crew.

34. Section 6 : The immigration Commission will consist of The Under Secretary of the Minister of Interior as Chairman and the following members : - Under Secretary of Ministry of Foreign Affairs - Director general , Police Department - Director General , labor Department - Director General , public Prosecution Department - Secretary General , Board of Investment Committee - Secretary General , National Security Council - Director , Tourist Organization of Thailand - Commander of Immigration Division as member and secretary

35. Section 7 : The Immigration Commission shall have power and duty to : 1. Revoke permission for temporary stay in the Kingdom under Section 36 Para 1. 2. Consider and appeal under Section 36 Para 2. 3. Permit aliens to enter into and assume residence in the Kingdom under Section 41 Para1 4. Fix qualifications of any aliens asking to take up residence in the Kingdom ;and to fix conditions pertaining to the national security ; and to fix other conditions under Section 41 Para 2. 5. Fix Regulations for residence applications of aliens temporarily entering into the Kingdom under section 41 Para 4. 6. Permit aliens to enter into and take up residence on the Kingdom under Section 43 Para 1 and to fix regulations for display of the aliens financial status under Section 43 Para 2.

36. 7. Permit the aliens , who is authorized to stay in the Kingdom temporarily , to take up residence ; and to permit and fix conditions in rendering permission to the alien who has applied for taking up residence in the Kingdom to remain in the Kingdom for the tome being under Section 45 Para 1 and 2. 8. Give order to revoke permission for taking up residence in the Kingdom under Section 47 Para 3. 9. Permit aliens , who have a residence in the kingdom , to continue that residence in the Kingdom under Section 51 Para 1. 10. Consider revocation of a residence permit under permit under Section 53. 11. Give advice , suggestions and view to the Minister on establishing standard operating procedures for local official and for other officials , regarding national security , as well as issuance of Ministerial Regulations under this Act. 12. Consider and give opinions on immigration matters as assigned by the cabinet or by the Minister.

37. Section 34 : aliens entering into the kingdom for a temporary stay may enter for the below listed activities 1. Diplomatic or Consular Missions. 2. Performance of official duties. 3. Touring 4. Sporting 5. Business 6. Investing under the concurrence of the Ministries and Departments concerned. 7. Investing or other activities relating to investing subject to the provisions of the law on investment promotion.

38. 8. Transit journey. 9. Being the person in charge of the crew of a conveyance coming to port, station , or area in the Kingdom. 10. Study or observation. 11. Mass media. 12. Missionary work under the concurrence of the Ministries and departments concerned. 13. Scientific research or training or teach in a Research Institute in the Kingdom. 14. The practice of skilled handicraft or as a specialist 15. Other activities as prescribed in the Ministerial Regulations.

39. Section 36 : Where there is a proper reason , the Director General or the Immigration Commission shall have power to revoke permission previously authorized the alien to stay temporary in the Kingdom , whether or not the Director General , or the official deputized by the Director General , has granted such permission. In the case the Director General has ordered permission to be revoked , the alien whose permission has been revoked may appeal such orders to the Immigration Commission. “Order of the Immigration Commission will be final”

40. Section 54 : Any alien who enters or come to stay in the Kingdom without permission or when such permission expires or is revoked , the competent official will deport such alien out of the Kingdom.

41. Section 63 : Whoever brings or takes an alien into the Kingdom or does anything which helps, assists , or facilitates an alien in making and entry into the Kingdom in contravention of this Act, shall be punished by imprisonment not exceeding 10 years and a fine not exceeding 100,000 Baht.

42. Section 64 : Whoever know of any alien entering into the Kingdom in contravention of this Act, and harbours, hides or in any manner assists said alien to evade arrest, shall be punished by imprisonment not exceeding 5 years and a fine not exceeding 50,000 Baht. Whoever allows an alien entering into the Kingdom in contravention of this Act, to stay with him, it is first presumed that said person is aware that the alien concerned entered into the Kingdom in contravention of this Act, unless it can be proved that he does not know, even though proper caution has been exercised.

43. http://www.youtube.com/watch?v=q7isFs0Ltmw • http://www.youtube.com/watch?v=2G-m60L_Ck0 • http://www.youtube.com/watch?v=x-OrbJAbX_c • http://www.youtube.com/watch?v=Ur8AA6MzxBw • (Thai version)