Guide for foreigners wanting to establish a business as an ordinary person in Thailand

        According to the Foreign Business Act 1999, Section 17, foreigners are prohibited from operating certain types of businesses or activities, which are stated in three lists: in List 1, the restriction is owing to special reasons; prohibited activities stated in List 2 are designated as businesses related to national safety or security; and activities stated in List 3 are designated as businesses in which Thai nationals are not ready to compete with foreigners. 

        Foreign companies may engage in those allowed activities with prior cabinet approval. In case foreigners wish to operate a business in Thailand, they need to apply for a business license using the application form called Tor.2, together with the following supporting documents: 

1. Copy of passport or alien identification card; 
   
   
2. Copy of house registration certificate, certificate of residence in the Kingdom of Thailand, or evidence stating permission to enter the Kingdom of Thailand for a temporary stay, in accordance with the Immigration Act; 
   
   
3. Certification of the applicant indicating he/she has qualifications and has no prohibited characteristics under Section 16 of the Foreign Business Act B.E. 2542 (1999);
   
   
4. Notification of details of the business for which the license is applied: 
   4.1 Type of business and locality for which the license is applied for, including its operating procedure;
   4.2 Expenditure estimates relating to the amount of money which the applicant will spend in Thailand for operating the business, so as to acquire fixed assets and to be used as annual operating expenses for a period of 3 years, or in accordance with the period the business is operated, in case it is less than 3 years;
   4.3 The size of the business;
   4.4 The number of workers in Thailand to be employed by the applicant;
   4.5 The plan for bringing in technology from abroad and technology transfer (if any);
   4.6 Research and development plan, explanation of operational plan of such should be included (if any);
   4.7 The intended period of the business operation;
   4.8 Overall economic benefits Thailand is expected to acquire from the business operations. 
   
   
5. Map showing the location of the business operating location in Thailand.

License application fee is 2,000 baht and other license fees are as follows: 

1. The license for any business in List 2 is ten baht for every one thousand baht of registered capital, provided that the minimum fee is 40,000 baht and the maximum fee is 500,000 baht;
2. The license for any business in List 3 is five baht for every one thousand baht of the registered capital, provided that the minimum fee is 20,000 baht and the maximum fee is 250,000 baht.

        All the documents mentioned above must be submitted at the Bureau of Foreign Business Administration, Department of Business Development, Ministry of Commerce, Nonthaburi province. The telephone number is +66 2547 4425 ext. 26; fax: +66 2547 4427; e-mail address: foreign@dbd.go.th; or at the Provincial Business Development office in other provinces. The consideration period for approval of the application must be finished within 60 days. Operation of the business can begin after obtaining the license. In case it is not approved, written notification will be sent to the applicant within 15 days and the applicant is entitled to appeal to the Minister of Commerce within 30 days.

Source : Department of Consular Affairs
Tel : +66 2141-9889