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In a case where any foreigner wishes to use land for purposes other than that is initially permitted, the re-application for permission to the Minister shall be proceded in accordance with the forms and procedures prescribed in the Ministerial Regulations. The Minister shall have the power to grant the said permission if it is considered appropriate.

Section 90. Any foreigner who is granted to acquire and use land for a certain purpose and no longer use the said land or use it for other purposes without re-permission shall dispose of such land within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land.

Section 91. Any foreigner who has been granted to use land for a particular purpose shall, if re-granted to use for other purpose with less amount of land, dispose of the excess within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land.

Section 92. Any foreigner who is granted to acquire the land under the provisions of paragraph two of Section 87 shall, in case of failure to comply with the conditions prescribed by the Minister, dispose of the portion of land acquired in excess of the designated amount within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land.

Section 93. The Minister may approve the acquisition by the foreigner, as a statutory heir, of the land which is devolved by succession under the condition that the total amount of land, after combining with the existing land prior to the devolution, shall not exceed the amount prescribed in the provisions of Section 87.

Section 94. Foreigners shall dispose of the land acquired unlawfully or without permission within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land and the provisions prescribing the enforcement of the land disposal under Section 3 shall apply mutatis mutandis.

Section 95. Any person who has acquired the land while holding the Thai nationality but later changes his/her nationality to become a foreigner shall be entitled to the same right in the land as other foreigners and shall dispose of the excess and the provisions of Section 94 shall apply mutatis mutandis.

Section 96. If it appears that any person acquires the land as the owner on behalf of the foreigner or the juristic person under Section 97 or Section 98, the Minister shall have power to dispose of such land and the provisions of Section 94 shall apply mutatis mutandis. 

Section 96 bis.63 The provisions prescribing the acquisition of land by foreigners by virtue of the provisions of a treaty under first paragraph of Section 86 shall not apply to the foreigners who bring in the capital for investment more than forty million Baht as prescribed in the Ministerial Regulations whereas the acquisition of land for purpose of residence shall not exceed one rai and shall be approved by the Minister.

The acquisition of land by foreigners under paragraph one shall be in accordance with the rules, procedures, and conditions prescribed in the Ministerial Regulations. The essential issues shall be included in the Ministerial Regulations as follows.

(1) The type of business in which the foreigners invest that economically and socially benefits the country or which is declared by the Board of Investment as eligible for the application of the investment promotion under the law thereon.

(2) The period of maintaining the investment shall not be less than three years.

(3) The land that the foreigners may acquire shall be within the locality of Bangkok Metropolitan Administration, the City of Pattaya, Municipality, or the zone designated to be the residential area under the law on city planning.

Section 96 ter.64 Any foreigner who is granted to acquired land under Section 96 bis. shall, if fails to comply with the rules or conditions prescribed in paragraph two of Section 96 bis. in the Ministerial Regulations, dispose of the land being under his/her right within the time period prescribed by the Director-General which is not later than a hundred and eighty days but not longer than one year. If such time period elapses, the Director-General shall have power to dispose of such land.

If the land granted to be acquired by the foreigner under Section 96 bis. is not used for purpose of residence within two years from the registration date of acquisition, the Minister shall have power to dispose of such land.

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63. Section 96 bis. has been added by the Act Amending the Land Code (No. 8), B.E. 2542 (1999).

64. Section 96 ter. has been added by the Act Amending the Land Code (No. 8), B.E. 2542 (1999).


 

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