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Clueless Land Office Clerks

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Clueless Land Office Clerks

Postby KHONDAHM » March 28, 2010, 8:50 am

So, the wife and I were in the land office recently to get the forms to put our to-be-built house in my name and record an usufruct. BUT the clerk refused saying I had to live in country for 5 consecutive years before I could own the house my money is constructing on my wife's land.

Now, of course I know that to be BS, but here we go again having to deal with yet another clerk enforcing their idea of what the law says. Yes, of course we will get past this and there is no urgency, but it is rather frustrating (TIT) having to encounter bureaucratic incompetence so frequently.

Just a rant/vent session. :roll:

http://www.thailawonline.com/en/propert ... n-thailand

http://www.chiangmailaw.com/housebuying.htm
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Re: Clueless Land Office Clerks

Postby nkstan » March 28, 2010, 9:19 am

This is such a consistent complaint here in Thailand.I was wondering if anyone experiencing this bureaucratic problems,has had any success asking to speak to the supervisor of the partcular dept.

I understand that ''face'' is involved here and I have no success to report in similar situations over the years,but the truth is that I stopped asking to talk to the boss many years ago,which was probably cowardly or laziness on my part,as I look at it now(tired of hassles ,I guess,which is not a good reason,IMO).

I used to ask my wife to ask which was like asking her to kill,by her look and initial reactions,so I gave that up too! :roll:
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Re: Clueless Land Office Clerks

Postby jackspratt » March 28, 2010, 9:35 am

As with most other things when dealing with petty bureaucrats in Thailand, I am sure KD's predicament has been set up to be easily overcome, by the supply of a couple of brownish coloured notes bearing a portrait of HM. :-"
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Re: Clueless Land Office Clerks

Postby UdonExpat » March 28, 2010, 10:10 am

I agree with Jack. The situation needs some oil. Clerks often remember how to open the doors once the hinges are oiled.
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Re: Clueless Land Office Clerks

Postby KHONDAHM » March 28, 2010, 10:47 am

While "we foreigners" tend to think that paying up a few bucks is the easy way to solve problems, it is often the worse thing you could do if the law is, in fact, on your side. Tea money creates the expectation that more tea money may be forthcoming which then keeps the cycle going and creates more "problems that must be overcome" down the road - people talk. NEVER pay tea money if the law is on your side as the situation can and will be resolved by this person calling that person and informing them (or reminding them, as the case may be) of what the law actually is supposed to be.

Supervisors in government are usually the ones who trained the clerk and they are often on the same page (this was the case in both of our recent encounters). In addition, they work in the same office day after day and it is unlikely one would contradict the other lest they cause embarrassment. The clerk embarrassed because he/she was wrong or "forgot", and the supervisor embarrassed because apparently, they didn't know the law either or trained the clerk wrong. Now, this dynamic may be a bit different in private industry (merit motivation) as opposed to governement (entitlement de-motivation) - depends on the company.

Now, grease money (paying to speed things up) is another thing altogether, and I am all for it. ;)

Yep, we have the law on our side and will simply have someone give them a call.
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Re: Clueless Land Office Clerks

Postby trubrit » March 28, 2010, 11:27 am

KHONDAHM wrote: NEVER pay tea money if the law is on your side as the situation can and will be resolved by this person calling that person and informing them (or reminding them, as the case may be) of what the law actually is supposed to be.




Yep, we have the law on our side and will simply have someone give them a call.

I suppose the above attitude is okay if you are more intent on teaching them how to do their job rather than accomplishing what you set out to do .Priorities comes to mind .For info: The back handers are normally pooled in the office and shared out a couple of times a month depending on seniority, amongst everyone . You could say the supervisor had a vested interest in not helping you . :-" Its interesting to note that most Thais accept this practise, possibly seeing it as another form of taxation.Wonder why some farang want to live here but cannot accept, what is after all , a long established practise . :roll:
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Re: Clueless Land Office Clerks

Postby UdonExpat » March 28, 2010, 11:33 am

Not only is it a long established practice, it's necessary for the government to function. No one could afford to keep their government job without the supplimental income from tea money.
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Re: Clueless Land Office Clerks

Postby Texpat » March 28, 2010, 12:10 pm

No one could afford to keep their government job without the supplimental income from tea money.


Most Thais are in the habit of understating their salaries. I believe they usually make significantly more they they admit. Often in the form of housing/food/transportation allowances. Besides, government employees aren't required to deliver. They don't have to make sales or attract business or keep customers happy every day or face failure.

I agree with KD, don't pay bribes. If it's important, find another way to get it done. Don't become complicit in their criminal games and don't perpetuate the system.

Why don't our Thai wives throw out the bullsh!t flag more often? Mine is petrified to challenge anybody in a government or quasi-government office. :(
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Re: Clueless Land Office Clerks

Postby KHONDAHM » March 28, 2010, 5:21 pm

My wife used to be the typical timid type, but that change after seeing me in action both here and in the States. After awhile we agreed that I handle the BS in the States to get things done, and she does the same here in Thailand. She recognized after awhile that people here WILL frock you over and do it with a smile if you don't establish yourself as the either the Big Dog or the little but Loud Dog upfront.

Don't get me wrong...she is an angel in every sense of the word and folks are instantly comfortable with here from the outset - a gift she has, but what she learned from me WILL come out if it must. I think she taps the innate mother/wife as protector emotion and rides it out. You should see hiso Bangkokonians turn into wai-ing fools when she gets her groove on. It's sooooo entertaining. ;)
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Re: Clueless Land Office Clerks

Postby nkstan » March 28, 2010, 10:11 pm

Your lucky KD,after 10 years,my wife still is intimidated by those with authority.She has finally gotten used to my not stopping at obvious ''money stops''.But,she still hates to ask questions!
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Re: Clueless Land Office Clerks

Postby arjay » March 28, 2010, 10:59 pm

It can be very helpful if you can find a Thai legal consultant or similar who knows what's what. Agreed that will cost you a bit more, but such people can often put the petty bureaucrats right, or indeed avoid them even trying it on in the first place.

I used a Thai lawyer a couple of years back to assist me with a complex Land Department transaction, and whilst he was with me, we also went to Immigration about a related matter. He had both lots of officials "eating out of his hand", so to speak.

I more recently used a Legal consultant on another Land Dept matter, (a transfer of land subject to an existing lease) and again all went smoothly, despite initially being told that what I understood to be feasible and the lease stated was feasible, was not possible!!
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Re: Clueless Land Office Clerks

Postby KHONDAHM » March 29, 2010, 5:45 am

That's not bad advice, Arjay. In my case, I've used Thai lawyers in the past with various results. I've found that if one has no problem with paying a lawyer THB XX,000 to shuffle paperwork which has a filing fee of THB 20 (in the case of a land transfer), things usually go ok. But when shot hits the fan, as in they actually have to assert your rights and go for the jugular on your behalf, they wimp out. I've used ordinary people for ordinary things (like filling out forms) ever since with no problems (usually). The clerks I've been dealing with lately are not in Udon proper offices where I imagine they are better trained. I can confirm that these clerks are not putting up barriers, they truly don't have a clue.
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Re: Clueless Land Office Clerks

Postby Bandung_Dero » March 29, 2010, 7:33 am

It's all well and good to take the high road with Khondahm and his lawyers but I'll stick to the tea money line and get the problem sorted as quick as possible. Worked for me in the past and will work again! I'll have to admit that in one case my tea money would have kept the whole office fed and watered for weeks! BUT worth it.
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Re: Clueless Land Office Clerks

Postby Texpat » March 30, 2010, 3:53 pm

Tea money? You mean bribes, right?
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Re: Clueless Land Office Clerks

Postby trubrit » March 30, 2010, 4:05 pm

Texpat wrote:Tea money? You mean bribes, right?

I prefer the term"sweeteners". A little sugar goes a long way . :lol:
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