For many years, the Business Unit (BU) at Sanet Trade & Services has been recognized as the fastest and most cost-effective way to establish a contractual representation in Thailand. Sanet handles marketing, technical service and sales in Thailand using employees working specifically for each principal. Of course, Sanet has regularly obtained direct orders from customers in Thailand for its manufacturers and principals.
One downside of the BU, however, was that Sanet did not trade in spare parts for the principal. The parts often had to be imported in a time-consuming process, while the customer in Thailand preferred to have their repairs carried out quickly and directly without customs clearance.
This is now changing: a new import and export license makes it possible.
Having their own employees in Thailand seems to be the cheap and direct way to sales and service in Thailand for many foreign companies. But beware: The law prohibits foreigners from selling their products or even providing consulting or technical services through by themselves or through Thai employees. There is the risk of imprisonment, fines of up to USD15,000 per day and corporate tax for both business owners and employees.
The Thai Foreign Business Act protects Thai traders and marketers from foreign competition. Those who use their own employees to sell their products or services in Thailand turn them into an (illegal) permanent establishment. Draconian penalties are imposed for violating or circumventing the law. This also includes employing sales or service staff through personnel service providers or law firms. Often, the latter themselves are unaware of the risks they expose themselves and their clients through a “payroll” or “staffing service” ” for illegal activities of foreign customers.
In this article, we explain exactly how to recognize a punishable “bogus employment” and how to do it right.
This year, when Sanet celebrates the 10th anniversary of its “Business Unit” (BU), it will look back on the support it provided to 25 mostly international large or medium-sized private companies when they entered the Thai market. Sanet founder Dr. Gunter Denk resumes what still convinces many companies to start sales and service in Thailand through a “BU” at Sanet.
“After having spent 25 years as an entrepreneur of a manufacturing company with strong internationalization, I knew what makes entrepreneurs tick when expanding into new markets,” he begins his description of how to safely enter the Thai market through a ” Business Unit.”
