Thai Public Health Act

Section 9

There shall be a committee called the “Public Health Committee” consisting of the following members:

1. The Permanent Secretary of Public Health as the Chairperson

2. Director General of the Department of Pollution Control

3. Director General of the Department of Disease Control

4. Director General of the Department of Public Works and Town and Country Planning

5. Director General of the Department of Industrial Works

6. Director General of the Department of Agriculture

7. Director General of the Department of Medical Sciences

8. Director General of the Department of Local Administration

9. Director General of the Department of Labor Protection and Welfare

10. Secretary-General of the Food and Drug Administration

11. Secretary-General of the Office of Natural Resources and Environmental Policy and Planning

12. Permanent Secretary of the Bangkok Metropolitan Administration

13. President of the National Municipal League of Thailand

14. President of the Provincial Administration Organization Council of Thailand

15. President of the Tambon Administration Organization Association of Thailand

Additionally, there shall be not exceeding four qualified members appointed by the Minister from persons having knowledge or experience in laws dealing with public health and hygiene, environment, and consumer protection. The Director General of the Department of Health shall be a member and secretary.

Section 10

The Committee shall have the powers and duties as follows:

1. To give opinions to the Minister on the formulation of policy, work plans, and measures on public health and on any public health matter assigned by the Minister;

2. To study and undertake analyses and give opinions to the Minister on the improvement of laws, rules, regulations, and orders on public health;

3. To provide the Minister with advice in issuing Ministerial Regulations and local government in issuing local ordinances;

4. To provide local competent officials with advice in the execution of this Act;

5. To formulate projects and coordinate activities between government agencies and local governments concerned for the execution of this Act;

6. To control and oversee the performance of duty of government agencies charged with powers and duties to execute laws on public health and report to the Minister;

7. To perform any other task prescribed by law as the power and duty of the Committee.

Section 11

In the case where it appears to the Committee that the local government or the local competent official having jurisdiction over a locality fails to exercise the powers and duties provided by this Act without reasonable cause, the Committee shall notify the person vested with power and duties to control and oversee the performance of duty of the local government or local competent official required to perform such duty under the law to order the local government or local competent official to perform that duty or rectify the performance of duty within a period deemed appropriate.

Section 12

A qualified member shall hold office for a term of two years. A member who vacates office upon the expiration of the term may be reappointed.

Section 13

In addition to vacating office upon expiration of the term of office under Section 12, a qualified member shall vacate office upon:

1. Death;

2. Resignation;

3. Dismissal by the Minister;

4. Being bankrupt.

(5) Being incompetent or quasi-incompetent;

(6) Being imprisoned due to a final judgement of imprisonment except for an offence committed through negligence or a petty offence.

Section 14

In the case where there is an appointment of a qualified member while the appointed qualified members are still in office, whether it is for an additional member or a replacement member, the newly appointed member shall be in office for the unexpired term of office of the qualified member already appointed or of the qualified member being replaced, as the case may be.

Section 15

At a meeting of the Committee, the presence of not less than one-half of total members is required to constitute a quorum. If the Chairperson is absent, the members present shall elect one among themselves to preside over the meeting. A decision of the meeting shall be by a majority of votes. One member shall have one vote. In the case of an equality of votes, the presiding member shall have an additional vote as the casting vote.

Section 16

The Committee shall have the power to appoint subcommittees to consider matters or carry out tasks assigned by the Committee. The provision of Section 15 shall apply *mutatis mutandis* to the meeting of the subcommittee.

Section 17

In performing the duty under this Act, the Committee shall have the power to issue a notice summoning any person to testify or to submit relevant documents or evidence or any material for consideration. In the case where it deems appropriate, the Committee may empower any of the subcommittees under Section 16 to issue such an order on its behalf for consideration of matters under the power and duties of the subcommittee.

See the listing below for other parts of the Public Health Act. Should you have any questions then ask us online or see the writing on the Civil and Commercial Code in Thailand as well.

This is part of the Public Health Act and does not have much in it for the average person. Most people will not be involved in sewerage management or waste management. This is for a small but niche market in Thailand. Even if you are in waste collection, see the prohibited jobs in Thailand for foreigners.

Section 18

Collecting, transporting, or disposing of sewage or waste within the area of any local government shall be the authority of such local government.

In carrying out the operations under paragraph one, the local government may do so in conjunction with other government agencies or other local governments under a joint agreement. However, for the benefit of the public as a whole, the Minister shall have the power to issue a Ministerial Regulation, by the advice of the Committee, prescribing rules, procedures, and conditions for the joint operation.

In case of reasonable cause, the local government may assign to any person the task under paragraph one on its behalf under its control and supervision or may permit any person to carry out the activities of collecting, transporting, or disposing of sewage or waste under Section 19.

The provisions of this section and Section 19 shall not apply to the management of hazardous waste in accordance with the laws on factories. However, the operators of the factories having hazardous waste and the operators engaging in collecting, transporting, or disposing of such hazardous waste are required to notify the local competent official of the operation in writing.

Section 19

No person shall engage in the operation of collecting, transporting, or disposing of sewage or waste as a business or for service fees in return unless a license from the local competent official is granted.

Section 20

For the purpose of maintaining cleanliness and regulating the collection, transport, and disposal of sewage or waste, the local government shall have the power to issue local ordinances as follows:

1. Prohibiting the discharging, dumping, discarding, or causing to exist in a public place or way of sewage or waste, except in the place provided by the local government.

2. Prescribing that there be a receptacle for sewage or waste available in a public place or way and in a private place.

3. Prescribing methods of collecting, transporting, and disposing of sewage or waste for the owner or occupant of any building or place to practice hygienically according to the condition and nature of use of such building or place.

4. Prescribing rates of fees for services provided by the local government or other persons assigned to operate on its behalf in the collecting, transporting, or disposing of sewage or waste, which does not exceed the rates prescribed in the Ministerial Regulation. In this regard, the services in disposing of sewage or waste of the local government for which the rate of fees to be fixed shall conform to the hygienic conditions set forth in the Ministerial Regulation.

5. Prescribing rules, procedures, and conditions on collecting, transporting, and disposing of sewage or waste, with which to be complied by the person obtaining the license under Section 19, and prescribing a rate of maximum fee charges collectable by the person obtaining a license under Section 19 according to the nature of services provided.

6. Prescribing any other requirements necessary for hygienic practice.

Lastly you can see other topics on this website if you require assistance. If you need a lawyer in Thailand then call us today for assistance. Likewise see also the labour lawyers in Bangkok.

You business will be inspected especially if you have made changes to it under the building regulations. You will also note that if you start a restaurant or a bar you will need to have toilets on premises if you have the capacity for more than 20 customers at a time. The building sanitation will again become an issue if the restaurant is larger than 200 Sqm. See also the article on entertainment places as well as restaurant license in Thailand.

Section 21

When it appears to the local competent official that any building or part thereof or any extension thereto is dilapidated or allowed to remain in a disorderly condition. This to the extent that it may be hazardous to the health of the dwellers, or does not conform to sanitary conditions fit for human habitation. Then, the local competent official shall have the power to issue a written order to the owner or the possessor of the building requiring that person to repair, alter, or demolish it or its extension in whole or in part. Likewise to take other action necessary to prevent it from being a hazard to health or to conform to hygienic conditions within a reasonable period of time prescribed.

Section 22

When it appears to the local competent official that any building is excessively stored with merchandise, furniture, or supplies, or those articles are so excessively piled up. So as to provide living places for vermin, or may become hazardous to the health of the dwellers, or not in conformity with sanitary conditions fit for human habitation. Then the local competent official shall have the power to issue a written order to the owner or the possessor of the building requiring that person to remove the merchandise, furniture, or supplies out of such building, or to rearrange them so that they may not become hazardous to health. Likewise, that they be in conformity with hygienic conditions, or to eliminate the animals that are carriers of disease, within a reasonable period of time prescribed. (See also the Food Selling Place Hygiene as well as the Maintenance of the Cleanliness Act.)

Section 23

In the case where the local competent official has issued an order to any owner or possessor of the building to take action provided in Section 21 or Section 22 and such person fails to comply with the order within the prescribed period of time, the local competent official shall have the power to carry out the task at the expense of the owner or the possessor.

Section 24

For the purpose of controlling any building from being so over-inhabited as to likely become hazardous to the health of the occupants thereof, the Minister shall, by the advice of the Committee, have the power to make a notification in the Government Gazette prescribing a number of persons per an amount of area of a building which deemed overcrowded; provided that the development level, population, and community of each locality shall be taken into account.

Upon notification of the Minister under paragraph one, the owner or possessor of the building is prohibited to permit or arrange his or her building to be inhabited by a number of persons exceeding that prescribed by the Minister.

Lastly see the penalty under the Public Health Act. Should you need advice then speak to us now online or drop in at our offices in Bangkok for a friendly chat. If you own the building then speak to our property lawyer in Bangkok or otherwise to our Bangkok lawyers at our offices.

Likewise under the Public Health Act in Thailand, the issue of nuisances are also included. There are also laws under the Civil and Commercial Code which covers this. This however is very specific when it comes to sewerage and the use of other ablution facilities. When you buy a condo in Thailand we covered the issue with checking your zoning as well as what to look for with a house inspection. Location close to certain types of factories and the like needs to be checked.

Section 25

In the case of an occurrence that may cause annoyance to dwellers in the vicinity or to persons experiencing it, such occurrences by the following shall be deemed nuisances:

1. A water resource, drainage, shower room, toilet, or dung or ash pit, or any other place situated at an unsuitable locality, which is dirty, or accumulating or amassing any waste causing foul odor or toxic substance dust, or becoming or is likely to become a breeding place for carriers of disease or causing degradation or may be hazardous to health;

2. A farming of animals in a place or by any method or in an excessive number that causes degradation or may be hazardous to health;

3. Any building which is a dwelling place of human beings or animals, factory, or business establishment, without air ventilation, water drainage, disposal of sewage, or control of toxic substances, or with such but without adequate control to prevent foul odor or toxic substance dust, thus causing degradation or which may be hazardous to health;

4. Any action causing odor, light, ray, noise, heat, toxic substance, vibration, dust, fine powdery substance, soot, ash, or any other action to the extent of degradation or which may be hazardous to health;

5. Any other cause prescribed by the Minister and promulgated in the Government Gazette.

Section 26

The local competent official shall have the power to prohibit any person from causing a nuisance in a public place or way or private place and also to abate nuisance, as well as to watch over, improve, and maintain roads, land routes, waterways, drainage, trenches, canals, and other places within his or her jurisdiction to be free from nuisances. In this regard, the local competent official shall have the power to issue written orders to abate, eliminate, and control nuisances.

Section 27

In the case where a nuisance occurs or may occur in a public place or way, the local competent official shall have the power to issue a written order to the person who is the initiator or involved in causing or the likely causing of the nuisance, requiring him or her to cease or to prevent the nuisance within a reasonable period of time as specified in the order and, if it is deemed expedient to prescribe the method of abatement or prevention of such nuisance, or to prescribe the method of prevention of future nuisances, such method shall be specified in the order.

In the case where it appears to the local competent official that an order of the local competent official under paragraph one is not complied with and the nuisance that has occurred may cause serious harm to health, the local competent official shall abate such nuisance and may take measures necessary to prevent recurrence of such nuisance at the expense of the person who was the initiator or involved in causing or the likely causing of the nuisance.

Section 28

In the case where a nuisance occurs in a private place, the local competent official shall have the power to issue a written order to the owner or the possessor of such place requiring him or her to abate the nuisance within a reasonable period of time as specified in the order and, if it is deemed expedient to prescribe the method of abatement or to prescribe the method of prevention of future nuisances, such method shall be specified in the order.

In the case where an order of the local competent official under paragraph one is not complied with, the local competent official shall have the power to abate such nuisance and may take measures necessary to prevent recurrence of such nuisance, and if the nuisance was caused by the action or failure to take action or consent of the owner or the possessor of the place, the owner or possessor of the place shall bear the expenses incurred therein.

In the case where it appears to the local competent official that the nuisance occurring in a private place may cause grave harm to health or an impact on the living conditions congruent with the livelihood of the people, the local competent official may issue a written order prohibiting the owner or the possessor from using or permitting any person to use such place in whole or in part until the local competent official is satisfied that the nuisance has been abated.

Note that you must always check the zoning of your business. Light and sound can result in issues with the local administration. Speak to us and let us assist you with starting your business in Thailand on a very good footing.

For most expats this is not an issue as you might know that there are prohibited occupations in Thailand when it comes to foreigners. We have added it in here though as many expats have a Thai wife who likes to dabble in the agricultural industry. This fall under the Thai Public Health Act.

Section 29

For the purpose of maintaining living conditions congruent with the livelihood of the population in the locality or to prevent hazards from microbes originating from animals, the local government shall have the power to issue a local ordinance designating an area covering the whole or any part of the locality under its jurisdiction as an animal raising or grazing control area. In issuing the local ordinance of local government under paragraph one, the local government may:

1. Designate an area prohibiting raising or grazing animals of certain kinds or types or in numbers exceeding that prescribed;

2. Designate an area permitting raising or grazing animals of certain kinds or types under certain measures.

Section 30

In the case where the local competent official finds an animal left in a public place or way in violation of Section 29 and the owner is not known, the local competent official shall have the power to detain such animal for at least thirty days. Upon expiration of such period, if no person has come forward to claim the animal, such animal shall become the property of the local government. However, if the detention of the animal may cause harm to such animal or other animals or is unreasonably expensive, the local competent official may arrange the sale or auction of such animal as deemed appropriate before the expiration of the period. The proceeds from the sale or auction, after deduction of expenses incurred in the sale and auction or in the keeping of the animal, shall be retained in lieu of the animal.

In the case where the sale or auction of the animal under paragraph one has not taken place and the owner of the animal has come to claim the animal within the period prescribed under paragraph one, the owner of the animal shall reimburse the local government for expenses actually incurred in keeping the animal.

In the case where the animal found by the local competent official under paragraph one is carrying a contagious disease which may be hazardous to people, the local competent official shall have the power to destroy or deal with the animal in any manner deemed appropriate.

Lastly always ensure that you have a lawyer check any leasehold agreement before you sign. Even if you need an immigration lawyer in Bangkok while you are here.

The term business as hazardous to health sounds odd. However restaurants and other types of business fall under this provision of the Public Health Act. You might also want to read the article we wrote on licenses in the Public Health Act as well as the requirements to start a restaurant as well. Lastly there are criminal and financial penalties for not complying with the law. There is a page on this website to show you the penalties under the Public Health Act.

Section 31

The Minister shall, with the advice of the Committee, have the power to notify in the Government Gazette prescribing any business as hazardous to health.

Section 32

For the purpose of overseeing the operation of businesses notified under Section 31, the local government shall have the power to issue local ordinances as follows:

1. Prescribing categories of certain or every business under Section 31 as controlled businesses within such locality;

2. Prescribing general rules and conditions for compliance by operators of businesses under (1) in respect of care of conditions or hygiene of the place used for business operation, and preventive measures against health hazards.

Section 33

Upon the expiration of a ninety-day period from the date on which the local ordinances under Section 32(1) become effective, no person shall commercially engage in business of categories specified by the local ordinances of the local government as controlled business under Section 32(1), except with a license obtained from the local competent official under Section 56.

In issuing a license under paragraph one, the local competent official may prescribe conditions, particularly requiring the licensee to prevent hazards to the health of the public, in addition to the general conditions prescribed in the local ordinances under Section 32(2).

The license under paragraph one shall be valid for business of a single category and for a single place.

Lastly also see the article we wrote on how to register company in Thailand in order to understand the process. Likewise speak to us today as we are well-known in the expat community of Bangkok and Pattaya as a reputable law firm in Thailand.

Section 34

No person shall establish a marketplace except with a license obtained from the local competent official under Section 56. Alteration, expansion, or reduction of the place or area used as a marketplace after the local competent official has issued the license to establish a marketplace may be made only with written permission (Building Regulations) from the local competent official under Section 56.

The provisions in this section shall not apply to a ministry, sub-ministry, department, local government, or state organization establishing a marketplace under its power and duty. However, in carrying out the marketplace business as by other licensee. It will comply with other provisions of this Act, and the local competent official shall have the power to prescribe conditions in writing requiring the market establisher under this paragraph to individually comply therewith.

Section 35

For the purpose of overseeing marketplaces. The local government shall have the power to issue local ordinances as follows:

1. Prescribing location, area, layout, and criteria on construction and sanitation;

2. Prescribing criteria on arrangements of the place and placement of things and other matters pertaining to marketplace operation;

3. Prescribing marketplace opening and closing times;

4. Prescribing criteria and procedures to be complied with by the marketplace establishing licensee with regard to maintenance of cleanliness and orderliness within the marketplace in accordance with health and hygiene, provision of places for collecting or disposing of sewage or waste, drainage, air ventilation, prevention of nuisances, and prevention of the spreading of contagious diseases.

Section 36

Any person who sells or assists in selling things in a marketplace shall comply with the criteria prescribed in the local ordinances under Section 37.

Section 37

For the purpose of overseeing the selling of things in the marketplace. The local government has the power to issue local ordinances prescribing criteria and procedures to be complied with by the persons selling or assisting in selling things in the marketplace. This with regard to maintenance of cleanliness at selling places, personal hygiene, and hygienic conditions in the process of distributing, making, preparing, cooking, keeping or storing food or other goods, including maintenance of cleanliness of containers, utility water, and various utensils.

Section 38

Any person who wishes to set up a food selling place or foodstuff storing place. This in any building or space with an area exceeding two hundred square meters and which is not the selling of things in a marketplace shall obtain a license from the local competent official under Section 56. If such place has an area of not exceeding two hundred square meters, the person is required to notify the local competent official in order to obtain a certificate of notification under Section 47 prior to the setting up.

Section 39

The person setting up a food selling place or foodstuff storing place who has obtained a license under Section 56 or a certificate of notification under Section 48. Likewise the person distributing, making, preparing, cooking, keeping or storing food in food selling place or foodstuff storing place under Section 38. They will comply with the criteria prescribed in the local ordinances under Section 40, or the conditions prescribed in the license or certificate of notification.

Section 40

For the purpose of controlling or overseeing food selling places and foodstuff storing places that have already obtained a license or certificate of notification, the local government shall have the power to issue local ordinances as follows:

1. Prescribing categories of food selling places or foodstuff storing places according to the type of food or nature of the business establishment, or method of distribution;

2. Prescribing criteria on establishing, use, and care of the place and hygienic conditions of the area where food is sold, consumed, made, prepared, cooked or stored;

3. Prescribing criteria on prevention of nuisances and on prevention of contagious diseases;

4. Prescribing food selling times;

5. Prescribing criteria on personal hygienic conditions of persons selling, preparing, and serving food;

6. Prescribing criteria on hygienic conditions of food, food selling, making, preparing, cooking, keeping or storing processes;

7. Prescribing criteria on hygienic conditions of containers, equipment, utility water, and other utensils.

Lastly you will also want to read the articles on the regulation called the Food Selling Place Hygiene Regulation. Likewise see also the article on opening a restaurant in Pattaya or anywhere in Thailand. Many expats open restaurants in Pattaya or Bangkok. See the article called everything Pattaya on here.

The Public Heath Act in Thailand governs all matter related to public sale of food as well as locations. How goods are sold in public is governed by this law. Also check your licenses under the Public Health Act and ensure compliance.

Section 41

The local competent official has the duty to control and oversee public places or ways for the common use of the general public. No person shall sell goods in a public place or way, whether by means of displaying goods at a regular spot or by peddling, except with a license obtained from the local competent official under Section 56. In issuing the license under this paragraph, the local competent official shall specify the kinds or types of goods, the method of selling goods, and the place for displaying goods for sale if the goods are displayed at a regular spot. The local competent official may also prescribe any condition deemed appropriate in the license.

Changes to the kind or type of goods, method of selling goods, or place of goods display from that specified in the license can only be made when the licensee has notified the local competent official thereof and the local competent official has recorded such change in the license.

Section 42

The local competent official shall, with the approval of the traffic official, have the power to issue notifications as follows:

1. Designating an area of public place or way or any part thereof as the area in which the sale or purchase of goods is strictly prohibited;

2. Designating an area of public place or way or any part thereof as the area in which the sale of goods of a certain kind or type is prohibited, or as the area in which the sale of goods during the prescribed time is prohibited, or as the area in which the sale of goods by a certain method is prohibited, or prescribing criteria, procedures, and conditions for the sale of goods in such area.

In executing (1) or (2) above, the local competent official shall post a notification in a conspicuous place at the office of the local government and at the location to be designated under (1) or (2) above, as the case may be. The date on which the notification shall come into force shall not be earlier than fifteen days from the date of its issuance.

Section 43

For the benefit of the people and for the purpose of controlling the sale of goods in public places or ways, the local government shall have the power to issue local ordinances as follows:

1. Prescribing criteria on personal hygienic conditions of goods sellers or their assistants;

2. Prescribing criteria on hygienic conditions of the process used in selling, making, preparing, cooking, keeping, or storing food or other goods, including maintenance of cleanliness of containers, utility water, and any utensils;

3. Prescribing criteria on goods display and peddling of goods in public places or ways;

4. Prescribing time for the sale of goods;

5. Prescribing other measures necessary for the maintenance of cleanliness and for the prevention of health hazards, including the prevention of nuisances and contagious diseases.

Lastly, if you need assistance to register your company in Thailand. Then speak to us online or in person. We are a well known law firm in Bangkok.

These are the rules or powers that an inspector has under the Public Health Act. You will note that are also allowed to come at night while you business is open. These are the rights and limitations that they have. There have been a number of raids over the years at mainly nightclubs in Bangkok for sell food or sell alcohol. Also understand the penalties under the Public Health Act as well as the conditions under the Liquor Act in the country.

Section 44

In the execution of this Act, the local competent official and the public health official shall have the power as follows:

1. To summon any person to testify or give a statement of fact, provide written explanation, or submit any document for examination or to support consideration.

2. To enter any building or place between sunrise and sunset or during office hours to examine or take control for compliance with local ordinances or this Act. They can make inquiries of facts or demand the production of certificates of notification or related evidence by the owner or possessor of such building or place.

3. To require licensees or persons obtaining a certificate of notification to comply with the conditions in the license or the certificate of notification, local ordinances, or this Act.

4. To seize or attach any things that may cause a health hazard to the people for legal action or destruction if necessary.

5. To collect or take goods or any things suspected to be unhygienic or to cause a nuisance from any buildings or places in a reasonable quantity as samples for examination as necessary at no cost.

Section 45

Notified.

Section 46

If the public health official finds noncompliant occurrences or any act committed in violation of this Act or the local ordinances, they shall notify the local competent official for action according to their authority without delay. If the public health official deems that the occurrence will have an urgent impact on the living conditions or health of the people, they have the power to order rectification or extinguishment of such occurrence and notify the local competent official thereafter.

Section 47

In performing duties under this Act, the local competent official, the public health official, and the person appointed by the local competent official under Section 44 shall be competent officials under the Penal Code. For apprehending or suppressing offenders under this Act, the local competent official and the person appointed by them shall be considered administrative officers or police officers under the Criminal Procedure Code.

Talk to us today if you are wanting to open a business in Thailand. See what the requirements are for the type of business you are looking at. Nightclubs are difficult as they normally require structural changes to the building. So you will need to comply with the building regulations. There are also a number of Public Health Licenses that you will need.

The certificate of notification is for a small restaurant. Failure to comply with this will end with a penalty for operating without a certificate. Firstly you will note that if you have a larger restaurant or business that sells food. You will require a restaurant license which is more stringent. See the definition of a restaurant based on size as well as other issues you might not have considered outside of the Public Health Act. For such as small business you will most likely not use any signage so the Signboard Tax will not be applicable to you. The Cleanliness and Orderliness Act however might be. So lets start.

Section 48

A notification to the local competent official for business operation under Section 38 and a certificate of notification shall adhere to the prescribed form in the local ordinances. Upon receiving the notification, the local competent official issues a receipt to the notifying person for temporary engagement in business operation until the certificate of notification is issued.

The official examines the notification for conformity and issues the certificate within seven working days if found correct. Conditions may be prescribed in the receipt or certificate of notification. If the notification is incorrect or incomplete, the notifying person is notified within seven days to make corrections. Failure to do so within the prescribed time may result in nullification of the notification. Corrected notifications receive certificates within seven days.

Section 49

The recipient of a certificate of notification must display it openly and conspicuously at the business premises during business operation.

Section 50

In case of loss, destruction, or substantial damage of the certificate of notification, the recipient must apply for a substitute within fifteen days. The application and issuance procedure for a substitute follow rules and procedures in the local ordinances.

Section 51

A notifying person wishing to wind up the business operation or transfer it to another person must notify the local competent official for information.

Section 52

If a person engages in business operation without notifying the local competent official despite prior penalty under this Act, the official may order suspension of the business operation until notification. Continued violation may lead to prohibition of the business operation for up to two years.

Section 53

Notifications and orders under Sections 48 and 52 are made in writing to the notifying person or business operator. If the person cannot be found or refuses to accept correspondence, it shall be sent by registered mail or posted conspicuously at their domicile or office, and they shall be deemed to have known its contents upon receipt or posting.

Lastly you might also want to read the regulation called the Food Selling Place Hygiene to give you an overview of what the government requires from you. The role of cleanliness is explained in the regulation. Failure to comply with these regulations leads to penalties under the Public Health Act. You will then require criminal law advice. Lets start on a good footing.

The food industry as well as those who sell food is well regulated in Thailand. If you are applying for a restaurant license then the Food Act becomes important. You will need to comply with the license conditions. There is also the regulation called the food selling place hygiene which also needs you to comply with how the business operates. If you are going to sell alcohol then see also read the penalties and licensing for selling alcohol under the Thai Liquor Act. Lastly for your business licensing see also the tobacco license requirements as well as the Entertainment Places Act as well.

Section 54

When this Act requires a license for any business operation or act, the local government can issue local ordinances outlining rules, procedures, and conditions for applying for and obtaining such licenses.

Section 55

All licenses issued under this Act are valid for one year within the jurisdiction of the issuing local government. Renewal applications must be submitted before expiration, allowing business operations to continue until a renewal refusal order is issued by the local competent official. Rules and conditions for renewal applications and permissions are specified in local ordinances.

Section 56

Upon receiving a license application or renewal, the local competent official checks for correctness and completeness. If incorrect or incomplete, the applicant is notified to make corrections within fifteen days. The official must issue a license or refusal order with reasons within thirty days of receiving a correct and complete application. Extensions are allowed for a reasonable cause, not exceeding fifteen days each time.

Section 57

Licensees must display their licenses conspicuously at the business premises during business operations.

Section 58

If a license is lost, destroyed, or substantially damaged, the licensee must apply for a substitute within fifteen days. The application and issuance procedure for a substitute follow rules, procedures, and conditions prescribed in local ordinances.

Section 59

If a licensee fails to comply with this Act, Ministerial Regulations, local ordinances, or license conditions, the local competent official can order license suspension for a reasonable period, not exceeding fifteen days.

Section 60

The local competent official has the authority to issue a license revocation order under the following circumstances:

1. If the licensee has received two or more license suspension orders and there is cause for another license suspension.

2. If the licensee is sentenced by a final judgment for committing an offense under this Act.

3. If the licensee fails to comply with the provisions of this Act, Ministerial Regulations, local ordinances issued under this Act, or the conditions specified in the license, resulting in serious harm to public health or affecting living conditions congruent with the livelihood of the people.

Section 61

License suspension or revocation orders must be issued in writing to inform the licensee. If the licensee cannot be found or refuses to accept the order, it shall be sent by registered mail or posted conspicuously at the licensee’s domicile or office, deemed received upon arrival or posting.

Section 62

A person whose license is revoked cannot apply for a license to operate the business for which the license was revoked until one year has passed from the date of revocation.

Section 63

Local governments have the authority to establish local ordinances specifying fees in accordance with the rules, procedures, and conditions set forth in Ministerial Regulations, provided that the rates do not exceed those outlined in the regulations.

Section 64

All fees and fines collected under this Act shall be considered revenue for the local government.

Section 65

For businesses subject to local ordinances requiring notification or licensing by the local competent official, the notifying person or licensee must pay the specified fees according to the intervals and rates outlined in the local ordinances throughout the operation of the business. Failure to pay fees within the prescribed period will result in an additional fine of twenty percent of the outstanding fee amount, unless the business is notified for closure before the next fee payment is due, as specified in the local ordinances.Note also the law under the business as hazardous to health on here.

If the person responsible for fee payment is in arrears with fee payments on more than two consecutive occasions, the local competent official has the authority to order the suspension of the business operation until all fees and fines are paid in full.

If you need assistance then speak to us online or call at our offices in Bangkok. We can assist you with all your licensing needs. Company registration, work permit application and more. We are your one stop law firm in Thailand.