4.1 The transfer of right in land use

Details
• The entrepreneur who receives the permit to use land and to conduct business in the Industrial Estate already, and intends to transfer the right in land use by leasing, or by giving consent, or by transferring of ownership, shall submit the general application (GorNorAor. 01/3) for transferring right in land use
• There are several forms of transfer of right in land use including by leasing/ by giving consent/ by transferring land ownership.
• In case of transfer of lease right, the entrepreneur who is alien juristic person can transfer right to lease of some part for 3 years per time, and the leaser shall still conduct the business. In case where the entrepreneur ceases the business already, then the lease cannot be more than 3 years and this shall be in accordance with Section 44 of the Industrial Estate Authority of Thailand Act
• Rules in considering the transfer of right in some part of the building by leasing
o The area of transferee shall not be less than 400 square meters, and the transfer cannot exceed 50 % of the factory building area of the transferor.
o In case of business undertaking that is concerned with jewelry, accessories, or service business which supports or is related to such business undertaking, the area shall be used for not less than 100 square meters.
o The business undertaking of the right transferee shall be related to or shall be in the same group of industry with the old business of the transferor.
The Procedure
Relavant Laws
No. List of Laws Laws
1 Industrial Estate Authority Of Thailand Act, B.E.2522 (1979)
2 Industrial Estate Authority Of Thailand Act (No.2), B.E.2534 (1991)
3 Industrial Estate Authority Of Thailand Act (No.3), B.E.2539 (1996)
4 Industrial Estate Authority Of Thailand Act (No.4), B.E.2550 (2007)
5 Notification Of Industrial Estate Authority Of Thailand No.10 /2549 (2006): The Services Fees For Any Operations Approval In An Industrial Estate
6 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))
7 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)
8 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)
9 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)
10 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)
Forms
No. List of Forms Forms
1 General application (Kor Nor Or 01/3)
2 Identification card
3 The certificate of juristic person
4 The account name list of shareholder ( Bor Or Jor 5)
5 The power of attorney and identification card or the copy of passport of the proxy and attorney
6 The layout of building which is required to transfer the privilege of using the land
7 Title deed or the contract of buying and selling, rental contract, etc
8 The paper of clarifying the assignment of using land (in case of assigning some part of using land)
9 The original plan (along with specifying the land site which is required to transfer the priviledge of using the land)
10 Environmental Impact Assessment Report EIA/EHIA/IEE (If it is in the scope)