“Best Legal Solutions for your Business”
MAIN TYPES OF BUSINESS LICENSE:
Once the company is set up in Thailand, then the company should apply for import license/export license (paperless) with the Customs Department in order to conduct a business activity related with import/export products. Certain types of products shall require for an additional license to be imported.
The import/export business activity is not restricted for foreigners in Thailand as per the Foreign Business Act of 1999.
Our legal shall further advice you about the requirements to apply import license for your company depending of the products to be imported to Thailand.
The Thai Food and Drug Administration (FDA) is responsible for the protection of the consumer’s health and is the department in charge to approve the importation into Thailand of the following kind of products:
The FDA’s approval is based upon five different sorts of control:
Pre-marketing control of the factory, product, and advertising
Post-marketing control. This includes regular checks of the previously controlled facilities and products
Surveillance program for consumers’ safety once the product has been launched (e.g. verify whether or not there are any adverse effects of the said product)
Consumer Education: It is the information or awareness given to the consumer. The FDA checks whether or not the information is sufficient and accurate.
Technical support and cooperation with other agencies (e.g. seminars organized or attended to by the FDA)
Our legal advisor will advice you about the requirements according with the kind of products to be imported.
The operation of a restaurant requires a license, which consist of a permission issued by the Thai government in order to sell food at your establishment.
The restaurants having an area exceeding 200 square meters have to apply for a restaurant license from the local government.
However, the establishments with an area smaller than 200 square meters are only required to notify their presence to the local authority, and in consequence the relevant authority shall issue a certificate of notification.
The application for the license to sell food in a restaurant is to be submitted at the district office responsible for the area in which the restaurant is located.
Our legal advisor shall further advice if your bar meets the requirements for obtaining a restaurant license according with the local regulations.
A alcohol license is a permit that allows an establishment to legally sell alcohol. The liquor license should be applied at the District Office or Local Excise Department according with the area where the restaurant is located.
Moreover, concerning the location of the bar, it should be noted that it is prohibited to sell alcohol in close proximity to schools or religious areas.
Our legal advisor shall further advice if your bar meets the requirements for obtaining an alcohol license according with the local regulations.
TAT TOURISM LICENSE
It's required to obtain a Tourism License in order to operate a tourism business in Thailand. A tourism business is referred to a business operation providing services for tourists such as sightseeing tours and tourist guide services. However, it does not include vehicle leasing, transportation of passengers, hotel or restaurant reservations or arranging field trips.
In order to be eligible for obtaining a tourism license, the applicant needs to meet the following requirements including but not limited to:
The business must be registered in Thailand, with a majority of Thai shareholding (individuals) and majority of Thai directors on the board.
The Thai managing director must be at least 20 years of age, residing in Thailand, credit-worthy, not incapacitated, should never have been imprisoned unless for a negligent or minor offence.
The applicant should prepare a business plan, to include information about how frequently the company will organise tours.
The applicant should arrange an insurance plan for tourists and tour guides. A copy of the insurance policy will be required for submission during the application for the tourism license.
According with the Hotel Act, a hotel is considered as establishment for commercial purposes to provide temporary accommodation to a traveler or any person.
Concerning the hotel location, it is important to ensure that the construction permit of the building to be used for the hotel allows for the said purpose under the requirements of the Building Control Act.
Once the construction permit allows you to operate a hotel in the property, you may proceed with the application for a hotel license at the Department of Provincial Administration for hotels located in Bangkok, or from the Provincial Governor’s Office for other areas.
It should be noted that any hotel that has more than 4 rooms or may accommodate more than 20 guests must obtain a license to operate a hotel business from the Department of Provincial Administration for hotels located in Bangkok, or from the Provincial Governor’s Office for other areas.
Moreover, hotels that provide catering or restaurant services must obtain the correspondent license for Selling Food, Liquors and Cigarettes.
Construction in Thailand is mainly regulated by the Building Control Act and the Town and City Planning Act. The restrictions under the Town and City Planning Act differ from town to town and city to city. Their purpose is to formulate, execute, and enforce comprehensive city plans that promote sanitation, convenience, orderliness, utilization of property, public safety, etc.
The National Environmental Quality Act and its accompanying ministerial regulations are the specific sources of laws governing environmental quality and environmental impact assessments. Consequently, it is also necessary for those laws to be considered by developers and contractors before planning the development of a project.
A construction permit or license will be required in the following cases but not limited to:
Constructing a new building
Adding or modifying the existing building
Destructing or moving a building
Using differently or changing the usage of a building
Modifying or using the parking, u-turn, car entrance and/or exit for another purpose.
The Factory Act regulates the factory construction, the business operations, a possible factory expansion and all safety and pollution requirements.
Since the control from the government authority is mainly based upon the probability of pollution and the required protection of the environment. The requirements concerning the factory license depends are as follows, but not limited:
Factories that use machinery equivalent to 5-20 horsepower and/or that employ 7-20 people for manufacturing do not require a license. However, the manufacturer has to follow the ministerial regulations
Factories that use machinery equivalent to more than 20 horsepower but less than 50 and/or that employ more than 20 but less than 50 people for manufacturing: the manufacturer has to inform the officer before starting business and, of course, has to be compliant with ministerial regulations
Factories that pollute and that use machinery equivalent to more than 50 horsepower and/or that employ more than 50 people for manufacturing have to receive a license from the officer before the start of the operations
The issuance of the factory license is subject to the Ministry’s discretion. Since, in most cases, the start-up is time sensitive, one may be granted a certificate allowing them to already start building parts of the factory.