THE LAND CODE AMENDMENT ACT (NO.8)
B.E. 2542 (1999)
BHUMIBOL ADULYADEJ REX.
Given on the 10th of May, B.E. 2542
Being the 54th year of the Present Reign
His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that
Whereas it is expedient to amend the Land Code;
BE IT THEREFORE BY THE KING, by and with the advice and consent of the National Assembly, as follows:Section 1 This Act shall be called the “Land Code Amendment Act (No. 8) B.E. 2542 (1999)”
Section 2 This Act shall come into force as from the day following the date of its plublication in the Government Gazette.
Section 3 The following statement inclusively as Section 96 bis and Section 96 tri in Chapter8 “Limitation of Right in Land of Alien” of the Land Code.
Section 96 bis The provisions of an alien who may acquire land by virtue of the provision of a treaty under Section 86 paragraph one shall not apply to alien who bring money to invest as amount specified in the Ministerial Regulation which not less than forty million baht. Thus, an alien shall aquire the land for residence not more than one rai and shall obtain permission from the Minister.
The acquisition of land of an alien in paragraph one shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation in which shall contain at least the following essential matters:
(1) The type of business invested by an alien shall be benificial to the economic and social of the country or shall be eligible to obtain the promotion of invesment pursuant to the Invesment Promotion Law as declared by the Board of Invesment.
(2) The invesment period needs to be maintained not less than three years.
(3) The location of land permitted for acquisition shall not beyond the confines of Bangkok, Pattaya, Municipality of land specified for residence purpose provided by the law of Town and Country Planning.
Section 96 tri As alien who obtained permission to acquire land under Section 96 bis and does not comply with the rule or conditions prescribed in the Ministerial Regulation Section 96 bis paragraph two shall have to dispose of the land owned by him within the period of not less than one hundred and eighty days and not more than one year as specified by the Director General. The Director General shall have the power to dispose of such land when the time limit elapes.
An alien who obtained permission to acquire land under Section 96 bis and does not use it for residence within two years from the date of acquisition registration, the Director General shall have the power to dispose of such land.
Remark: Reason for promulgation of this Act are as follows:
Whereas it is expedient to grant an alien, who bring money to invest in the significant business and bring the benefit to the country’s social and economic development, that he/she may acquire land for residential purpose to the amount as specified in the law. This aims at facilitating and providing an alien, who enter into the Kingdom for business purpose, with a promotion factor for invesment decision making. This is also to increase the buying power for the business of immovable property being from the economic downtown, as well as to revive the country’s overall economy. It is therefore expedient to revise the same to make them more suitable.
(Published in the Government Gazaette Vol. 116 No. 39 Kor dated May 18th ,B.E. 2542 (1999))
Legal Affairs Division
Department of Land