In Thailand, if you plan to serve food and operate a restaurant as part of your business venture, obtaining a food and restaurant license is essential.
The license requirements are dependent on the size of the restaurants area.
Restaurants with a floor space exceeding 200 square meters must seek a restaurant license from the local government. In contrast, smaller establishments need only inform the local authority and receive a certificate of notification.
Foreigners cannot 100% own a restaurant in Thailand as the Foreign Business Act classes it as a restricted activity. A Thai company which has at least one Thai national shareholder (who owns > 50.% of the shares) must be used.
Each Thai employee is also required to undergo a test at the district office, consisting of 50 multiple-choice questions, with a minimum of 40 correct answers needed to pass. The test covers topics related to hygiene and other relevant areas.
Why work with VB and Partners?
Embarking on a business venture, especially in a foreign land, can appear overwhelming. At VB & Partners, we understand this challenge and our experts are ready to assist with your needs. Our comprehensive range of services covers every step, from initial business feasibility assessments to complete incorporation and the start of your business operations.
Navigating local laws and regulations is a paramount concern for foreign enterprises. Our tailored solutions alleviate this complexity, ensuring unwavering adherence to legal mandates. Backed by a team well-versed in the intricacies of the Thai market and regulations, ensuring the smooth operation of your business.
VB & Partners takes pride in its assembly of seasoned experts. Ranging from Incorporation, Accounting & Secretary Services to Immigration and Real Estate, VB & Partners stands as your premier destination for all your legal and accounting needs.
What does this package include
- Initial Consultation: Our experts will assess your company’s business activities and identify whether a food license is required or you only need to notify the local authorities.
- Document Preparation: Our experts will work closely with you to obtain and collate all the required documents and complete the application forms ready for submission.
- Submitting the Application: Our experts will apply to the local district office. We will also liaise with the officers through the consideration and review process to ensure complete awareness of the application status.
- Collection of the Food Licence: Our experts will collect the documents on your behalf once the food Licence has been approved and issued.
- Post-approval procedure: Our experts will keep you up-to-date with any compliance requirements.
- Answering any questions concerning the Food Licence.
What you must know before applying
Book a Call with our expert
Up to an hour consultation on the process of setting up a company in Thailand.
We will provide you with information on key areas such as; company structure, taxes, accounting and other general aspects of opening a company in Thailand. We will also answer any other legal questions you may have to provide you with a clear overview.
If some extra research is necessary to answer your questions, our experts will check and revert to you with complementary elements by email.
This consultation is provided by legal experts in English or in French.
Frequently Asked Question
Unfortunately, selling food and beverages is a restricted activity under the Foreign Business Act (FBA), making it impossible to have a 100% foreign owned restaurant.
However, while it is a restricted activity, there are some options available to foreign restaurateurs. In order for a foreigner to operate a restaurant, they will need to set up a company with a Thai national who will hold at more than 50% of the shares.
The requirements for hiring foreigners in Thailand largely depend on the type of structure used to incorporate the business. Assuming the restaurant will be incorporated using the most common structure, the Thai Limited Company, the following criteria must be met in order to hire foreign employees.
- A ratio of 4 Thai employees per foreign employee hired is required to support a Work Permit.
- There is also a minimum capital requirement of 2 million Baht per foreign employee as well.
No, a liquor licence is required for any restaurant who will be serving alcoholic drinks on the premises.
Yes, this is possible but the company must apply for a music license. This licence must be obtained if thelive music or any kind of music (radio, spotify etc) playing on its premises;
- The restaurant license must be obtained from the District Office.
- The liquor licence must be obtained from the Local Excise Department.
- The music licence must be obtained from the Department of Intellectual Property.