2.1 Application for Land Utilization to Operate Business in The Industrial Estate

Details
1. Checking with other laws primarily
1.1 City planning law: to check that whether such business undertaking requested for the permission is inconsistent with the city planning law or not
1.2 Environmental law: check to see if the business needs to prepare for EIA. (EIA)
• Consider the types of business by checking with EIA of the Industrial Estate to see whether such industry is forbidden.
• Consider the need for public utilities and facilities and check that if IEAT or the joint operators for the establishing of the Industrial Estate can prepare for it; this shall be under the EIA of the Industrial Estate (the Industrial Estatewhere the entrepreneur intends to use the area); if the entrepreneur needs more public utilities than that specified, there shall be letter from the director of the Industrial Estate or the joint operators for the establishment of the Industrial Estate to certify that it is able to support the need for public utilities of such entrepreneur sufficiently.
1.3 Law of the Ministry of Commerce: To consider the details and objectives of the Ministry of Commerce that shall cover types of business required for permission
2. Checking with criteria of IEAT
After considering plot of land and area correctly under master plan, in case when the area is changed, then the title deed shall be applied.
3. Criteria in considering the business undertaking in the Industrial Estate
• In applying for permission in land use, the master plan shall be used for the consideration of permission
• In case of newly established project of the Industrial Estate, and the allocation procedures are not yet complete, when the entrepreneur submits the application for permission in land use, the development of the Industrial Estate shall inform of the duration to complete the operation on the development of public utilities; the work plan shall be complete before the entrepreneur would inform of staring business, by specifying as additional conditions informed to the entrepreneur to know that IEAT would accept the request for business undertaking when the necessary central public utilities are complete including water supply production system, central wastewater treatment system, construction of entrance roads to enter into the land plot.
• Consider the need for public utilities and facilities including the readiness of supporting public utilities such as the central wastewater treatment system.
• Consider the types of business to be consistent with master plan such as:
o General industrial zone, conducting business of industry, service, or other businesses that are beneficial or are related to the industry or service
o I-EA-T Free Zone conducting industry, commerce, or other businesses concerned with the industry or commerce for the economic benefit, national security, welfare of the public, management of environment, or other necessities as specified by the Committee in the Industrial Estate Authority of Thailand Act B.E. 2522 (1979) Revised.
• Consider the environmental pollution that may happen from conducting business, consideration is from the production process, in order to specify as conditions for granting permission, for example:
o The factory that must have primary wastewater treatment system is the one where in the production there is the use of water, chemicals, or may cause water pollution.
o The factory that must have air ventilation system is the one where in the production there is dust, smell, or air pollution.
• Consider the business undertaking of the nearby area, in that there shall not have impact on one another such as chemicals and food shall not be adjacent.
• Consider the business undertaking of the company to be appropriate with the authorized area; for example:
o Business undertaking concerned with the improvement of condition of automobiles or various vehicles should have area of not less than 1 rai
o Business undertaking concerned with warehouse, depot, should have area of not less than 3 rai, and types of business to be actually conducted shall be determined.
• In the business undertaking concerned with trading, the types of goods shall be identified clearly
• Consider details of business undertaking and details concerned with the production to be consistent with the product and to be under the details and objectives of the company
The Procedure
Relavant Laws
No. List of Laws Laws
1 Factory Act, B.E.2535 (1992)
2 Foreign Business Act, B.E.2542 (1999)
3 Industrial Estate Authority Of Thailand Act, B.E.2522 (1979)
4 Industrial Estate Authority Of Thailand Act (No.2), B.E.2534 (1991)
5 Industrial Estate Authority Of Thailand Act (No.3), B.E.2539 (1996)
6 Industrial Estate Authority Of Thailand Act (No.4), B.E.2550 (2007)
7 The Land Code Amendment Act (No.10), B.E.2550 (2007)
8 Land Code Amendment Act (No.11), B.E.2551 (2008)
9 Building Control Act, B.E.2522 (1979)
10 Building Control Act (No.2), B.E.2535 (1992)
11 Building Control Act (No.3), B.E.2543 (2000)
12 Building Control Act (No.4), B.E.2550 (2007)
13 Building Control Act (No.5), B.E.2558 (2015)
14 The Enhancement And Conservation Of National Environmental Quality Act, B.E.2535 (1992)
15 Notification Of Ministry Of Natural Resources And Environment: Type, Size And Practice Method For Government's And Private Sector's Projects Or Businesses Which Cause Severely Community Effects On The Environment, Natural Resources And Health, Must Compile An Environmental Impact Assessment Report B.E.2553 (2010)
16 Notification Of Ministry Of Natural Resources And Environment: Type, Size And Practice Method For Government's And Private Sector's Projects Or Businesses Which Cause Severely Community Effects On The Environment, Natural Resources And Health, Must Compile An Environmental Impact Assessment Report No.2 B.E.2553 (2010)
17 Notification Of Ministry Of Natural Resources And Environment: Type, Size And Practice Method For Government's And Private Sector's Projects Or Businesses Which Cause Severely Community Effects In Environment, Natural Resources And Health, Must Compile An Environmental Impact Assessment Report (No.4) B.E.2559 (2016)
18 Notification Of Ministry Of Natural Resources And Environment: The Specification On Type And Size Of Project Or Activity And The Criteria, Method Of Project Or Activities May Request The Exemption For Preparation Of Environmental Impact Assessment Report
19 Notification Of Ministry Of Natural Resources And Environment: Type And Size Of Projects Or Businesses Which Are Required To Prepare The Environmental Impact Assessment Report And Criteria, Method, Procedure And Guidelines Of Compiling An Environmental Impact Assessment Report
20 Notification Of Ministry Of Natural Resources And Environment: Type And Size Of Projects Or Businesses Which Are Required To Prepare The Environmental Impact Assessment Report And Criteria, Method, Procedure And Guidelines Of Compiling An Environmental Impact Assessment Report No.5, B.E.2557 (2014)
21 Notification Of Ministry Of Natural Resources And Environment: Type And Size Of Projects Or Businesses Which Are Required To Prepare The Environmental Impact Assessment Report And Criteria, Method, Procedure And Guidelines Of Compiling An Environmental Impact Assessment Report No.6, B.E.2557 (2014)
22 Notification Of Ministry Of Natural Resources And Environment: Type And Size Of Projects Or Businesses Which Are Required To Prepare The Environmental Impact Assessment Report And Criteria, Method, Procedure And Guidelines Of Compiling An Environmental Impact Assessment Report (No.8), B.E.2558 (2015)
23 Notification Of Ministry Of Natural Resources And Environment: The Criteria, Procedure, Regulations And Method Of Compiling An Environmental Impact Assessment Report For Projects Or Businesses Which Might Cause Severely Community Effects On The Environment, Natural Resources And Heath
24 Notification Of Ministry Of Natural Resources And Environment: The Criteria, Procedure, Regulations And Method Of Compiling An Environmental Impact Assessment Report For Projects Or Businesses Which Might Cause Severely Community Effect On The Environment, Natural Resources And Heath No.2 B.E.2553 (2010)
25 Notification Of Ministry Of Natural Resources And Environment: The Specification On Criteria, Method, Procedure And Guidelines For Compilation Of Environmental Impact Assessment Report For The Projects Or Activities That May Affect Community Severely Both In The Quality Of Environment, Natural Resources And Health (No.3), B.E.2555 (2012)
26 Notification Of The Ministry Of Science, Technology And Environment: The Specification On Type And Size Of Projects Or Activities Of Government Agency, State Enterprise Or Private Sector May Prepare An Environmental Impact Assessment Report
27 Notification Of The Ministry Of Science, Technology And Environment: Defining Type And Size For Projects Or Activities Of Government Agency, State Enterprise Or Private Sector Must Prepare An Environmental Impact Assessment Report No.2, B.E.2535 (1992)
28 Notification Of The Ministry Of Science, Technology And Environment: The Specification On Criteria, Method, Procedure And Guidelines For Preparation An Environmental Impact Assessment Report
29 Notification Of The Ministry Of Science, Technology And Environment: The Specification On Criteria, Method, Procedure And Guidelines For Preparation Of Environmental Impact Assessment Report No.2, B.E.2535 (1992)
30 Notification Of The Ministry Of Science, Technology And Environment: The Specification On Criteria, Method, Procedure And Guideline For Preparation Of Environmental Impact Assessment Report No.3, B.E.2539 (1996)
31 Notification Of The Ministry Of Science, Technology And Environment: Defining Type And Size For Projects Or Activities Of Government Agency, State Enterprise Or Private Sector Must Prepare An Environmental Impact Assessment Report No.3, B.E.2539 (1996)
32 Notification Of Industrial Estate Authority Of Thailand No.10 /2549 (2006): The Services Fees For Any Operations Approval In An Industrial Estate
33 Notification Of Industrial Estate Authority Of Thailand No.94 /2555 (2012): Service Fee For Electronic Permission In The Industrial Estate Authority (Electronic Permission & Privilege (E-Pp))
34 Notification Of Ministry Of Natural Resources And Environment: Time Duration In According To Notification Of The Ministry Of Natural Resources And Environment In Criteria, Method, Procedure And Guidelines For Preparation Of Environmental Impact Assessment Report For The Project Or Activity That May Affect Community Severely Both In The Quality Of Environment, Natural Resources And Health
35 Notification Of National Environment Board No.1, B.E.2555 (2012): The Criteria And Method Of Appointment Specialist Committee Member In Considering An Environmental Impact Assessment Report
36 Notification Of National Environment Board No.3, B.E.2535 (1992): The Criteria And Method Of Appointment Specialist Committee Member In Considering An Environmental Impact Assessment Report
37 Notification Of National Environment Board No.14, B.E.2540 (1997): The Criteria And Method Of Appointment Specialist Committee Member In Considering Of Environmental Impact Assessment Report
38 Notification Of National Environment Board No.34, B.E.2552 (2009): The Criteria And Method Of Appointment Specialist Committee Member In Considering Of Environmental Impact Assessment Report
39 Notification Of National Environment Board No.35, B.E.2552 (2009): The Criteria And Method Of Appointment Specialist Committee Member In Considering Of Environmental Impact Assessment Report
40 Notification Of National Environment Board No.38, B.E.2553 (2010): The Criteria And Method Of Appointment Specialist Committee Member In Considering Of Environmental Impact Assessment Report
41 Notification Of National Environment Board No.39, B.E.2553 (2010): The Criteria And Method Of Appointment Specialist Committee Member In Considering Of Initial Environmental Examination Report And Environmental Impact Assessment Report In Environmental Protection Zones
42 Notification Of National Environment Board No.40, B.E.2554 (2011): The Criteria And Method Of Appointment Specialist Committee Member In Considering Of Environmental Impact Assessment Report
43 Notification Of National Environment Board No.41, B.E.2554 (2011): The Criteria And Method Of Appointment Specialist Committee Member In Considering Of Initial Environmental Examination Report And Environmental Impact Assessment Report In Environmental Protection Zones
44 Regulation Of Board Of Directors Of The Industrial Estate Authority Of Thailand: The Standard Of Public Utilities, Other Utilities, And Services In A Service Industrial Estate, B.E.2555 (2012)
45 Regulation Of The Board Of Directors Of The Industrial Estate Authority Of Thailand: The Criteria, Method And Condition For Business Operations In An Industrial Estate, B.E.2551 (2008)
46 Regulation Of The Board Of Directors Of The Industrial Estate Authority Of Thailand: The Criteria, Method And Condition For Business Operations In An Industrial Estate (No.2), B.E.2553 (2010)
47 Regulation Of Board Of Directors Of The Industrial Estate Authority Of Thailand: The Criteria, Method And Condition For Permission Of Land Ownership In An Industrial Estate (No.3), B.E.2553 (2010)
48 Regulation Of The Board Of Directors Of The Industrial Estate Authority Of Thailand: The Criteria, Method And Condition For Business Operations In An Industrial Estate (No.4), B.E.2559 (2016)
49 Rules Of The Department Of Lands: Acquisition Of Land By Alien For Residential Purpose, B.E.2545 (2002)
50 Rules Of The Department Of Lands: Acquisition Of Land Belonging To Temple In Accordance With Section 84 Of The Land Code, B.E.2552 (2009)
51 Rules Of The Department Of Lands: Registration For Right And Juristic Act Relating To Lease Of Land And Other Immovable Property According To The Civil And Commercial Code, B.E.2551 (2008)
52 Rules Of The Department Of Lands: Registration Of Right And Juristic Act For Lease Of Immovable Property In Accordance With The Commercial And Industrial Lease Of Immovable Property Act, B.E.2542 (1999), B.E.2552 (2009)
53 Rules Of The Department Of Lands: Registration Of Right And Juristic Act For Transfer Of Land And Other Immovable Property To Principal, B.E.2552 (2009)
54 Rules Of The Department Of Lands: Registration Of Right And Juristic Act For Giving Of Land And Other Immovable Property, B.E.2548 (2005)
55 Rules Of The Department Of Lands: Registration Of Right And Juristic Act For Sale Of Land And Other Immovable Property (No.2), B.E.2545 (2002)
56 Rules Of The Department Of Lands: Registration Of Right And Juristic Act For Sale Of Land And Other Immovable Property, B.E.2543 (2000)
57 Rules Of The Department Of Lands: Registration Of Right And Juristic Act For Mortgage Of Land Other Immovable Property, B.E.2550 (2007)
58 Rules Of The Department Of Lands: Registration Of Right And Juristic Act In Land Through Hostile Possession, B.E.2551 (2008)
59 Rules Of The Department Of Lands: Registration Of Right And Juristic Act For Usufruct In Land And Other Immovable Property, B.E.2549 (2006)
60 Rules Of The Department Of Lands: Possession Of Ownership In Condominium Unit By Alien And Juristic Person Legitimately Deemed As Alien, B.E.2547 (2004)
61 Rules Of The Department Of Lands: The Authorization Method For Registration Of Right And Juristic Act, Or Other Transactions Concerning Immovable Property, B.E.2547 (2004)
62 Rules Of The Department Of Lands: Control Of Ownership Proportion Held By Alien In Condominium, B.E.2538 (1995)
63 Regulation Of Industrial Estate Authority Of Thailand: Processes, Approval Time And Implementation Of Land Utilization License, Building Construction License, Business Operation, And Procedure For Approval Of Business Operation License, B.E.2550 (2007)
64 Notification Of Industrial Estate Authority Of Thailand No.46 /2556 (2013): Exemption Of Services Fees For Renewal Of Land Utilization License In An Industrial Estate
Forms
No. List of Forms Forms
1 The application of using land for business operation in the industrial estate (Kor Nor Or 01/1)
2 The letter of permission for using the land and operating the business in the industrial estate (the form of IEAT 01/2)
3 Copy of the certificate of registering to be the juristic person (not exceed 6 months as from the date of issuance) with the detail of objective which specifying the requesting business operation in the industrial estate
4 Copy of account name list of shareholder (not exceed 6 months as from the date of issuance)
5 The layout showing the land number following the land number of original layout
6 The manufacturing procedure, the material for manufacturing and the product
7 Copy of title deed or the certificate of ownership to use the land
8 The power of attorney attaching with revenue stamp following the law (In case of granting the authority)
9 Environmental Impact Assessment Report EIA/EHIA/IEE (If it is in the scope)
10 The administrative measure of pollution which occurs from business operation
11 The record of opinion from industrial work department (In case of the type or category of factory number 101, 105, 106)
12 The confirmation letter of receiving the right, duty and liability of law, including the environmental law (In case of transferring the business following the report of EIA/EHIA/IEE)
13 The confirmation letter of capability for supporting the public utility (in case of using the public utility more than the specified standard which is identified in the EIA report of industrial estate)