The Problem on Properties Holding of Alien in Thailand

Abstract

The problems on immovable properties holding by aliens in Thailand have been discussed since immemorial time. These problems are the conditions of holding and the quantity of immovable properties should be held by the aliens. Even though, those questions have already been provided in several laws and regulations. However, those laws and regulations have not been revised to compatible with the need of aliens who would like to be the owners of immovable properties in Thailand. While, presently, Thai laws and regulations have not been developed to serve economic, social and politic development. Until the latest law, named “the Right Over Leasehold Asset Act B. E. 2562” is issued to be the choice of solving the problems on immovable properties holding by aliens in Thailand. There for, it is necessity to study the possibilities of this Act to solve these problems and to find out the appropriated measures and the recommendations to those problems.

This research is documentary research, based on drafted laws and regulations, acts, texts, articles, relevant research works, judicial decisions, electronic information and foreign laws related to this topic for comparison of Thai laws.

The research found that the Right Over Leasehold Asset Act B. E. 2562 may not applicable to the need of foreign investors and the one who would like to be the owner of immovable properties in Thailand. For what’s ever reasons, this law is not appropriate enough to the need of those foreign investors and aliens. In summary, this research has the recommendations are as follows: 1) Thailand still be one target that alien groups would like to hold immovable properties. 2) Those target alien groups are Russian Federation and People’s Republic of China. 3) For the immovable properties holding of aliens, in case of ownership, they should pay the tax of the income receive from the differences cost of the properties holding after they distribute those properties. 4) In case of social problems, the Government should create the mutual understanding of local people to accept and understanding of Human rights regime on the rights and freedom of movement and settlement. 5) The effect of value change of immovable properties in case of increasing of demand by aliens, the Government should allow immovable properties holding by aliens only the high price of properties. This is to avoid the effect which may reflect to the higher price of immovable properties and effect to the middle and lower classes of domestic people. 6) The Government should improve or gathering the law concerning immovable properties holding by aliens which are hidden in several laws and regulations to be registered in a single law particularly for the holding of alien in immovable properties in Thailand. This is to serve the understanding of both Thai officials and aliens who would like to hold the immovable properties in Thailand.