Tag Archive: application

  1. Hotel License Application – Part II

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    This is Part II of a blog contribution that discusses the requirements for obtaining a permission to run a hotel under Thai laws and regulations:This is Part II of a blog contribution that discusses the requirements for obtaining a permission to run a hotel under Thai laws and regulations:

    3. The Applicant for the Hotel License (“Hotel Operator”)

    The Act also sets forth that the hotel operator, who is the owner or the operator of the hotel and applicant for the Hotel License, can be either an individual person or a juristic person. Section 16 of the Hotel Act stipulates certain circumstances that may preclude the applicant as hotel operator. If the hotel operator is a juristic person, the managing partner must comply with the aforesaid requirements.

    According to the Thai Foreign Business Act (as amended B.E. 2542, Annex 3), hotel undertakings are not permitted for foreigners. Therefore, private or public limited liability companies that engage in this business shall have Thai shareholding at a rate of 51% or more. The director of the company must be Thai (if there is 1 non-Thai director, there must be 2 additional Thai directors).

    running a hotel

    4. The Hotel License

    Pursuant to new Hotel Act, a hotel operation license will be valid for a period of five years from the date of issuance (hereto Hotel Act section 19). Current hotel operators who have already obtained a hotel license under the previous Hotel Act (B.E. 2478, 1935, as amended) remain license holders under the new Hotel Act. Their licenses remain valid and the license holders are able to continue operating their business until the licenses expire (hereto Hotel Act section 62).

    The Hotel License is transferrable to third parties if they transferee meets the aforementioned statutory requirements of the Hotel Act, Section 16.

    Remark: Additionally, the building of the hotel must comply with the Building Control Act (B.E. 2522, 1979, as amended) and the building permit must stipulate that the building may be used as a hotel (if located within the jurisdiction of the Building Control Act). In certain cases, other sub-licenses and permits are required to obtain the Hotel License, e.g. restaurant license, entertainment license, service vehicle license, generator permit, fuel storage permit, etc..

    5. Application Procedure

    The application process requirements include that various government agencies (local and provincial) are involved.

    The procedure includes the following steps:

    1. Application for a specific construction license at the District Office, which is signed and which should be filed by the civil engineer or architect;

    2. Application at the Provincial Office, which will forward the application to

    3. The Health, Environmental and Construction Authorities who will each have to inspect and approve the building and

    4. Issuance of the license by the Provincial Office.

    The process takes approximately six months, but may vary depending on the location of the hotel.

    Feel free to contact us [email protected] if you require assistance with regards to the operation of a hotel business, in particular with the application for a hotel license.

  2. Hotel License Application in Thailand – Part 1 of 2

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    Residential properties which are rented out as daily accommodations for tourists are under intense scrutiny these days in Thailand, in particular with regards to the requirement to obtain a hotel license. The main reason is clearly the high increase of rentals through online portals such as Airbnb.

    This is Part I of a blog contribution that discusses the requirements for obtaining such a hotel license under Thai laws and regulations.

    Accommodation providers shall apply for a permission from the competent registrar and need to comply with the rules and regulations in order to operate hotel business, if their residential place falls within the definition of hotel in the Hotel Act. The rules and regulations have the purpose of controlling hotel standards, promotion of hotel business operation, promotion and preservation of environmental quality, sturdiness, hygiene and safety of hotels.

    Hotel license thailand

    Definition of “Hotel”

    The definition of “Hotel” under the Hotel Act is stipulated as lodging premises, established for commercial purposes to provide temporary accommodation to a traveler or any person for a consideration (see Hotel Act Section 4). Certain exemptions exist as follows:

    1. any residential premises open to the public for rental with no more than 4 rooms on all floors in total, whether in a single building or in several buildings, and with a total service capacity of not more than 20 guests, operating as a small business which provides an additional source of income for the owners. The owners of such premises are also required to report to the Hotel Registrar;
    2. an accommodation place that is operated by a government authority;
    3. an accommodation place established with an objective to provide accommodation by charging monthly rate only (note that therefore also so-called “serviced apartments” are considered as hotels according to the Act if they provide accommodation on a daily or weekly basis; short term villa rentals, however, are not);
    4. other places that are stipulated in the Ministerial Regulation.

    The “Hotel Manager”

    Under the Hotel Act, there is a distinction between “hotel operators” and “hotel managers”. The hotel operators are the persons obtaining licenses for hotel operation, while the hotel managers are the persons appointed by the hotel operators who shall be in charge of the hotel management. The hotel operators must notify the registrar of details regarding their hotel managers. The operators can be the same persons as the hotel managers.

    The Hotel Act sets forth qualifications which hotel managers (Section 33 Hotel Act) and operators (Hotel Act section 16) must have. Thus the managers for instance must have been awarded a certificate, have experience as prescribed by the Hotel Business Supervision and Promotion Committee (“Committee”) or have a certificate showing that they have attended a hotel management training programs certified by the Committee. The hotel manager can be either Thai or foreign with appropriate visa and work permission.

    <<<Continue to part II of this blog contribution>>>

    If you have any questions about hotel licensing in Thailand, please do not hesitate to contact us: [email protected]

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