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Consulting

Factory-law consulting

We advise factory operators on compliance with the Factory Act B.E. 2535 (1992) as amended, and prepare the application and explanatory documents the operator files with the Department of Industrial Works or the Provincial Industry Office.

We act as an adviser: we review facts, check that documentation is complete, and prepare drafts. Filing the application and certifying the documents remain the acts of the factory operator, who holds the legal duty. Where a licensed professional must certify part of a submission, the operator must engage a person holding the qualifications required by law.
Scope

Scope of our advisory work

  • Factory type and class assessment

    We determine which category the business falls under in the schedule to the Ministerial Regulation on factory types, kinds and sizes B.E. 2563 (2020), and which class it belongs to — since each class carries different statutory duties — and issue a written summary.

    Class 1 · 2 · 3

  • Factory expansion and added machinery

    We assess whether adding, replacing, or altering machinery requires notification under Section 19 or amounts to a factory expansion under Section 18, which requires prior authorisation, and we prepare the application documents against the authority's checklist.

    Sections 18 · 18/1 · 19 · 19/1

  • Reviewing and completing incomplete records

    We audit the factory's records against the applicable requirements, identify what is missing or inconsistent, and draft the missing items for the operator to review and sign before filing.

    Audit · Draft · Review

  • Responding to orders from officials

    On receipt of an order under Section 37 or Section 39, we verify the facts against the allegations in the order, prepare a remediation plan with a timetable, and draft the explanatory letter for the operator to file.

    Sections 37 · 39 · appeal under 41
Expansion

How much machinery triggers a licence

Adding or altering machinery follows one of two routes. One requires only notifying the competent official; the other requires prior authorisation before any work begins. Taking the wrong route costs time and may itself breach the Act.

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Horsepower thresholds constituting a factory expansion
Existing authorised capacityIncrease of at least
Up to 100 hp50 hp
Over 100 up to 500 hp100 hp
Over 500 up to 1,000 hp200 hp
Over 1,000 up to 2,000 hp300 hp
Over 2,000 up to 3,000 hp400 hp
Over 3,000 hp500 hp
  • Section 18

    Threshold met — this is a factory expansion

    A licence holder may not expand the factory without authorisation from the licensing authority. An application (Form Ror.Ngor.3) must be filed and authorisation obtained before any work begins.

  • Section 19

    Below the threshold — notification only

    Notify the competent official in writing within thirty days. Note that increases previously notified under Section 19 are aggregated with the new increase when testing against the expansion threshold, so the notification history must be kept complete.

  • Section 19/1

    Adding a related line of business

    Where the activity is related to the existing factory and is carried out on the same authorised premises or land, give notice at least fifteen days in advance.

  • Section 18/1

    Cases the Act treats separately

    Expansion for pollution treatment or nuisance reduction, and replacement of the existing prime mover or energy source with a more efficient one.

Receiving an order

You received an order — the statutory sequence

The Factory Act B.E. 2535 sets out the exercise of these powers as a sequence. Knowing where you stand in that sequence tells you how much time remains and which rights are available.

  1. Step 1Section 37

    Order of the competent official

    Where a competent official finds that an operator has breached or failed to comply with the Act, or that the operation is in a condition that may cause danger, damage, or nuisance to persons or property in or near the factory, the official may order the breach to cease, or order correction, improvement, or compliance within a specified period. Where appropriate and with the approval of the Permanent Secretary or their delegate, the official may seal machinery so it cannot operate during remediation (paragraph two).

    What the operator should do

    Check the deadline stated in the order first, then prepare a remediation plan that demonstrably completes within that period.

    Our role

    We verify the facts against the allegations, prepare the remediation plan, and draft the progress report for the operator to sign and file.

  2. Step 2Section 39, paragraph one

    Order to suspend operations temporarily

    The Permanent Secretary or their delegate may order the operator to suspend factory operations in whole or in part on a temporary basis and to carry out corrections within a specified period, in two situations: (1) the operator wilfully fails to comply with a Section 37 order without reasonable cause; or (2) the operation may cause serious danger, damage, or nuisance to persons or property in or near the factory.

    What the operator should do

    The elements “wilfully” and “without reasonable cause” matter. If there is evidence that work was under way but obstructed for reasonable cause, that evidence should be gathered and presented to the authority.

  3. Step 3Section 39, paragraph two

    Resuming operations

    If the operator carries out the corrections or achieves compliance within the specified period, the Permanent Secretary or their delegate shall order that operations may resume. A temporary suspension order is therefore not an endpoint but a window in which results must be demonstrated.

  4. Step 4Section 39, paragraph three

    Factory closure order

    If the operator fails to correct or comply within the specified period, the Permanent Secretary or their delegate may order the factory closed. For a Class 3 factory, a closure order also operates to revoke the licence.

Section 41 — Right of appeal

An order under Section 37, a suspension order under Section 39 paragraph one, and a closure order under Section 39 paragraph three may be appealed to the Minister within thirty days from the date the order became known. The Minister's decision is final.

An appeal does not stay compliance with the order unless the Minister orders otherwise. Operations must remain suspended while the appeal is pending, so appealing and remediating have to run in parallel.

Section 42 — Where the authority intervenes

If the operator fails to comply with a Section 37 order and there are grounds for the authority to intervene, the Permanent Secretary or their delegate may direct that the corrective work be carried out. In that case the operator bears the actual costs incurred plus a surcharge of thirty per cent per annum on that amount.

Section 40 — Posting of the order

A suspension or closure order is posted by the competent official in a conspicuous place at the factory in at least three locations, together with a notice prohibiting staff, workers, and any person concerned from working to keep the factory operating.

The above is a general explanation provided for understanding only. It is not a legal opinion on any particular case and does not bind any authority. Official determinations rest with the Department of Industrial Works and the Provincial Industry Office. Operators should verify the currently effective text of the law and check documents with officials before filing. The Thai version of this page prevails in the event of any discrepancy.
Advisory caseSection 39, paragraph one

Factory ordered to suspend operations temporarily

We inspected the site, compared groundwater, air emission, and wastewater parameters against the statutory limits, then prepared a remediation plan with a timetable for the operator to implement, and drafted the monitoring report for the operator to sign and file. The authority reviewed the submission and permitted operations to resume.

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Why the order was issued

  1. 01Wilful failure to comply with a Section 37 order within the specified period, without reasonable cause
  2. 02Discharge of wastewater or air emissions exceeding statutory limits
  3. 03Treatment system not performing as designed
  4. 04Complaints from the neighbouring community regarding odour or dust

Outcome

The operator resumed operations within the period set by the authority.

FAQ

Frequently asked questions

How does a temporary suspension order differ from a closure order?

They are different orders with different legal effect. A temporary suspension sits in Section 39 paragraph one and sets a window for remediation; once corrections are completed within that window, paragraph two provides that operations may resume. A closure order sits in paragraph three and applies where corrections are not made in time — and for a Class 3 factory it also operates to revoke the licence.

How long do we have to appeal, and can we keep operating meanwhile?

An appeal lies to the Minister within thirty days from the date the order became known (Section 41), and the Minister's decision is final. However, an appeal does not stay compliance unless the Minister orders otherwise, so operations must remain suspended while the appeal is pending.

How much added machinery counts as a factory expansion?

It depends on the existing authorised capacity. Where the existing capacity is up to 100 hp, an increase of 50 hp or more is an expansion; the threshold rises band by band up to 500 hp for factories above 3,000 hp. Increases previously notified under Section 19 are aggregated with the new increase when applying the threshold.

What happens if the order is ignored?

Beyond a suspension or closure order, Section 42 provides that where there are grounds for the authority to carry out the corrective work itself, the operator bears the actual costs incurred plus a surcharge of thirty per cent per annum on that amount.

Can you file with the authority on our behalf?

We advise, check that the file is complete, and prepare drafts. Signing and filing remain the acts of the factory operator, who holds the legal duty; and where a licensed professional must certify part of a submission, the operator must engage a person holding the qualifications required by law.

Want to discuss a case?

Tell us the nature of the business and the deadline stated in the order, if there is one, so the first conversation reaches a conclusion faster.

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