General: Which Business License Do You Need in Thailand?

When you run a business in Thailand, another thing you should always check is about business licenses.

• Do you need a license in order to run a software company in Thailand? 
• Do you know that you might need to have a music license if you want to open a restaurant here?

Let’s take a look at business licenses you need for popular business. 

First Things First

It’s possible to apply for the below licenses without using a law firm if you have a reliable Thai partner. The process is straightforward as long as you have all of the required documents. 

The most accurate way to check what documents you need is to contact the responsible agency directly, since the information available on their websites might not be updated. 

Each license usually requires the following documents:

• application and related forms, usually available for download from the responsible agency website
• A copy of the company registration, issued within 3 or 6 months
• A copy of the rental or lease agreement, with an authorization letter from the land owner
• A copy of identification documents of the business owner 
• Map of your business

You need to renew licenses every year, two years, or five years depending on the license. Renewals require similar procedures and documents as when you made them the first time. 

Hotel

To open a hotel in Thailand, you need to have a hotel license. There are a few common exceptions:

• non-profit government hotels
• accommodation charged by the month or longer
• small accommodation with no more than four rooms and no more than 20 guests, if it is reported to the local registrar as required by hotel regulations

This is why short-term Airbnb-style rentals can be illegal in Thailand unless the property has a hotel license or qualifies for an exemption. Monthly rentals are generally treated differently.

If you are in Bangkok, you can apply for a hotel license from the Department of Provincial Administration. You can download the application form directly from their website.

For other provinces, you need to go to the district office where your hotel is located. 

The processing time can vary by location and application. 

Restaurant 

Even if it’s a small restaurant with one or two tables, you still need to check with the local district office. Under Thailand’s public health rules, a food-selling place larger than 200 square meters generally needs a license, while a smaller place generally needs to file a notification and obtain a certificate from the local authority. 

The process is more complicated if your restaurant is larger than 200 square meters, sells alcohol, sells cigarettes, or plays music, since each of those may need a separate license or permission.

You can get the restaurant license or notification certificate at the district office where your restaurant is located.  

Alcohol 

If you want to sell alcohol, you also need to get an alcohol license from the Excise Department or the responsible excise area office. It requires similar company and premises documents as the restaurant license, but it is a separate license from the restaurant license. 

Music

If you want to play music in your business, such as a pub, bar, mall, hotel, or hospital, you may need a music license or permission from the copyright owner. 

This includes playing music from your computer or hiring a band. 

There are two common ways you can get a music license, either through a music licensing company representative, or through a music company directly. The Department of Intellectual Property has general information on copyright in Thailand. 

The price depends on the type and size of your business. 

Do not assume that playing songs from YouTube at a restaurant is covered by “fair use.” Commercial public performance of music can require permission from the copyright owner or the relevant licensing representative.

Food, Drugs, and Cosmetics

If you want to manufacture, import, or sell regulated food, drugs, or cosmetics in Thailand, you need to check the license, registration, and notification requirements with Thai FDA. It is not one single food license that covers food, drugs, and cosmetics.  

If you import these products from other countries, you may also need to get an additional import license. 

Medical Clinic 

A medical clinic in Thailand needs the required sanatorium/medical establishment licenses, and the person responsible for providing medical services must be a licensed medical practitioner. If you don’t have it, you can hire a licensed doctor to work for you and use his/her professional license as part of the application process, where allowed. 

You can apply through the Department of Health Service Support if you are in Bangkok. For other provinces, you can do it at the provincial health office. 

Factory 

Depending on the size and type of your factory, you might not need to have a factory license. 

• If your operation does not meet the legal definition of a factory, such as using machinery below 50 horsepower and having fewer than 50 workers, a factory license under the Factory Act may not be required. 
• If your operation uses machinery of 50 horsepower or more, or has 50 workers or more, and carries out a regulated factory activity, you need to check the factory licensing or notification requirements with the Department of Industrial Works or the provincial industry office.

You should note that all types of factory need to adhere to the Department of Industrial Works regulations. For example, the factory must be located in a suitable area and have a good air pollution management system. 

School 

A school license is required if you want to open a school in Thailand, whether it’s a tutoring school or an international school. 

Requirements are different depending on the school types. Here’s what you usually need to have in order to open a school in Thailand:

• Land with a school building. Each type of school requires different land size, area size, building size, and even required numbers of toilets per student. 
• A qualified principal, director, manager, or other responsible person as required for that school type. Thai nationality requirements can depend on the position and school type. 
• Licensed teachers 
• Study courses approved by the Thailand Ministry of Education 

A school license can be obtained from the Thailand Ministry of Education if your school is in Bangkok. For other provinces, visit the local education office. While it’s possible to obtain a license on your own, the process is complicated. It might be a good idea to hire a lawyer. 

Travel

Tour business operators in Thailand need to have a tour business license issued from the Department of Tourism, not the Tourism Authority of Thailand. 

To get a travel license, you need to have: 

• A security deposit to the Department of Tourism. The amount can be from THB10,000 to THB200,000 depending on the type of your business
• Travel accident insurance for your customers as required by the Department of Tourism

Check the current payment method with the Department of Tourism before preparing the security deposit. Depending on the license type and current instructions, it may need to be made in an approved form such as a cashier’s cheque or bank guarantee. 

The cashier’s cheque or bank guarantee also needs to have the specific wording required by the Department of Tourism. 

Once you have all of the documents, it’s a very straightforward process.