Page 62 - Introduction to Investment Laws in Thailand
P. 62

9.  Specific  juristic  persons  and  land  rights  set  up  rules
                              relating to the land rights of the limited companies or the
                              public limited companies in which foreigners own more
                              than forty-nine per cent of the shares.
                          10. Fees  set  up  the  lists  of  government  fees  for  any  land
                              transactions
                          11. Penalties prescribe fines and imprisonments where there
                              is an infringement of the land codes.

                    In respect to land allocation according to the Land Code, land in
                Thailand can be classified under two main types of ownership, which are
                private land and public land. The land codes state in section 2 that "Land
                which is not vested in any person shall be deemed the property of the
                state." This means that the person or private entity can own land by their
                personal right. In case that there is no private right over the land, the land
                will  belong  to  the  state,  which  is  legalised  as  public  land.  The  land
                allocation is governed by chapter 2 of the land code on land allocation for
                the  people.  Section  14  established  the  National  Land  Allocation
                Committee. The committee has the duties of;

                               "(1)  To  lay  down  policies  to  allocate  land  for
                        people's habitation and livelihood according to their capacities.

                               (2) To develop a plan concerning the land tenure.


                               (3) To reserve and develop land in order to subsequently
                        allocate to people.

                               (4) To reserve and restrict the domain public of state free
                        from possessory right to be commonly used by people.

                               (5) To approve projects relating to land allocation by
                        public bodies.


                               (6) To control the allocation of land in accordance with
                        this code and other laws.


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