Applying for a Factory License in Thailand
As discussed in the previous article, a Category 3 Factory, as defined by Thai ministerial regulations issued pursuant to the Factory Act of 1992, is a factory that has over 50 horsepower or 50 workers or any factory which produces pollution (even if it has less than 50 horsepower or 50 workers). Category 3 factories must be constructed away from public areas or buildings and they must not cause a nuisance to the public. For these reasons, a Category 3 factory must apply for a license from the Department of Industrial Works.
An application for a Category 3 factory license requires the following documents:
- The application form
- The company affidavit (of the applicant’s company)
- A plan or layout indicating the buildings to be constructed within the factory area
- A plan detailing the factory machinery, which must be certified by a professional engineer or other person designated by the Ministry of Industry
- A plan detailing the factory building, which must be certified by a professional engineer or other person designated by the Ministry of Industry
- A plan, layout and detailed written explanation of measures relating to nuisances, potential damages, dangers, waste control, pollution or any material that may cause damage to the environment as a result of factory operations. These documents must be certified by a professional engineer or other person designated by the Ministry of Industry.
An application for a factory to be constructed outside of Bangkok must be submitted to the Provincial Industrial Office or in certain cases to the Tambon Administration Organization.
Once the application is submitted, a government agent will have to perform an investigation of the site of the factory as well as all of its structures, components, and pollution control systems. The government agent must then prepare a report and submit it to an official within 30 days after receiving the factory license application. The official must then either grant approval or reject the application within 50 days of receiving the report.
According to ministerial regulations, the aforementioned 30-day or 50-day period does include any time period in which the applicant must amend the application, modify their factory plans or respond to any other order of the government official.
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