How a Foreigner Can Open a Business in Thailand

2025-09-09 15:09

How a Foreigner Can Open a Business in Thailand Without Violations

Opening a company in Thailand for foreigners is subject to a number of rules that do not apply to local entrepreneurs. We have compiled key restrictions, possible company forms, and licenses that will help avoid mistakes and start a business legally.

Key restrictions:
Land in Thailand cannot be directly owned by a foreigner.
In companies, the foreign ownership share is usually limited to 49%.
Nominee shareholders are prohibited.
Legal options for 100% ownership of a business:
Foreign Business License (FBL)
Support from the Board of Investment (BOI)
International agreements (for example, the Treaty of Amity with the USA)

Company Forms for Foreigners

Different legal forms are available for doing business in Thailand. The most popular are:

Thai Limited Company — the standard form with at least two shareholders.
Branch Office — a branch of a foreign company.
Representative Office — no commercial activities, only research and coordination.

Licenses Required for Business

Many business activities in Thailand require special permits. Here are the main ones:

Tourism License (TAT License) — for travel agencies and tour guides.
Hotel License — for hotels and guesthouses.
Food-shop License — for restaurants and cafés.
Liquor License — for selling alcohol.
Factory License (Ror.Ngor.4) — for manufacturing.
FDA Licenses — for food products, cosmetics, dietary supplements, medical devices.
E-commerce Registration — mandatory for online businesses.
Payment Services License (E-payment/Fintech) — for fintech and e-money.
Telecom License (NBTC Type 1/2/3) — for telecom and internet companies.
Import/Export Registration (E-Customs) — for international trade activities.
Kindergarten/Childcare License — for kindergartens and early education institutions, regulated by the Ministry of Education.

Labor Rules for Foreigners

Employment of foreigners in Thailand is regulated by visas, work permits, and social contributions.

Visas and Work Permit

An employee must hold a valid Non-Immigrant “B” Visa.
To work legally, a Work Permit issued by the Ministry of Labour is required, specifying the position and employer.

Social Security

Every company is obliged to register with the Social Security Office (SSO).
Contributions (~5%) are paid both by the employer and the employee.

Occupational Restrictions

Certain professions are closed to foreigners (e.g., retail sales behind the counter, accounting, taxi driving).
Violating these rules results in fines and deportation.

Special rules for certain nationalities
Employers must take into account that hiring staff from neighboring countries under MOUs requires additional procedures with the Department of Employment, while hiring specialists from Europe and the USA is regulated by the standard procedure.

Special Rules for Certain Nationalities

Europe and CIS Countries
Hiring follows the standard scheme: Non-Immigrant “B” Visa and Work Permit. These are usually qualified specialists, managers, consultants, or investors. There are no quotas, but the employer must prove that the position requires a foreign specialist.
Laos, Cambodia, Myanmar
These employees most often work in services, construction, or restaurants (waiters, kitchen helpers). Their employment is regulated by intergovernmental agreements (MOU). Hiring requires special visas, compliance with quotas, and registration with the Department of Employment. The employer is obliged to arrange social security and ensure the legality of the employees’ stay.
Vietnam, the Philippines, and Other ASEAN Countries
For certain professions, simplified schemes apply, but the basic requirements remain: visa, Work Permit, and registration with the Social Security Office.

Registering a business in Thailand for foreigners requires a careful approach: from choosing the company form to obtaining licenses and employee permits. If everything is done correctly, the country opens up wide opportunities for investment and growth.

Don’t delay launching your project: the sooner you prepare the documents, the faster you can enter the market. The Khonsu Legal team will help you through the entire process — from company registration to licenses and labor matters.