Legal
Starting a Food Truck Business – A Guide for 2025
21/11/2024
Due to the high costs associated with renting commercial spaces or setting up a restaurant, many food vendors in Thailand choose to open a food truck instead.
Food Trucks and street food in Thailand are famous around the world, and many people, including expats, tourists and local Thais regularly purchase snacks and meals from them. However, it’s important to note that a food truck business in Thailand is subject to a lot of stringent rules and regulations.
This blog post will explore the process of setting up a food truck business as a foreign investor and any applicable laws and regulations.
Key points
- Foreign investors can open a food truck business in Thailand, but must partner with a Thai national due to restrictions under the Foreign Business Act.
- Foreigners operating or managing a food truck in Thailand require a Non-Immigrant B visa and work permit, with specific requirements for company structure and Thai employee ratios.
- Food trucks must comply with food hygiene regulations, including proper food preparation practices, sanitation standards, and completion of required training courses.
Can a Foreign Investor Open a Food Truck in Thailand?
While selling food and beverages is a restricted activity under the Foreign Business Act (FBA), a foreign investor may open a food truck business with a Thai partner.
As per the Foreign Business Act, selling food and beverages can be found under List 3 of the Foreign Business Act as an activity in which Thai nationals are not yet ready to compete with foreigners. Therefore, since these activities are a key component of owning and operating a food truck, the FBA makes it impossible to have 100% foreign ownership for such a business . For more information about the FBA, please see here.
Therefore, with the restrictions of the Foreign Business Act, food truck businesses can only be undertaken by a Thai company (a company registered in Thailand with Thai shareholder(s) owning more than 50% of the share capital). The Thai shareholder must not be a nominee as the Foreign Business Act prohibits the use of Thai shareholder nominees.
A nominee shareholder can be described as an individual who:
▪️ Lacks genuine interest in the business.
▪️ Has made no significant investment in the company.
▪️ Lacks the financial means and skills to be a legitimate partner.
▪️ Exists solely to facilitate foreign participation in restricted businesses.
For instance, appointing an unskilled Thai worker with a modest income as a majority shareholder in a company with substantial registered capital while simultaneously denying them voting and dividend rights would be considered as using a nominee shareholder.
A private limited company that has been properly structured is the most common business type for a food truck business. For more information about Thai limited companies, please see here.
Do Foreigners with a Food Truck Business need a Visa and Work Permit?
An important consideration for foreign investors who wish to start a food truck business in Thailand is the visa and work permit requirements. If you are a shareholder and/or a director but do not undertake any “work”, then you do not need a Work Permit. It is important to note that being appointed as a director or owning shares, does not require the shareholder/director to obtain a work permit, but if you sign documents on behalf of the company from Thailand, this may be considered as working and would require a work permit. Therefore, if you are a director and do not plan to have a work permit, it is recommended to have a local director to sign official documents and contracts on behalf of the company.
However, if you intend to operate or manage the food truck then you must obtain the correct visa and work permit.
Non-Immigrant B visa
The Non-Immigrant B Visa for the purpose of Employment is available to foreigners who intend to work in Thailand. In order to obtain this visa, applicants are required to be sponsored by their prospective employer in Thailand. Applicants will be granted an initial 90 day Visa which can be extended for a period of 1 year after they have obtained their work permit.
Work Permit
Foreigners who enter Thailand are not permitted to work (regardless of the Visa they hold) unless they have applied for and received a valid work permit. To support a work permit in Thailand, the following criteria must be satisfied:
- The company must be registered in Thailand
- Registered for VAT
- The company must have a minimum paid-up capital of THB 2 million per foreign employee.
- 4 Thai employees must be employed by the company per foreign employee.
- The Thai employees must be registered with the Social Security Office and their social security deductions paid for at least 3 months
If you are married to a Thai national then you do not need a work visa as the marriage visa (Non-Immigrant O) permits work. Furthermore, the requirements to obtain a work permit are reduced by 50% i.e.:
- Employ 2 Thai nationals
- Have 1 million THB as registered capital
It’s important to note that Thailand has a very broad definition of work, for example, signing a document on behalf of the company would be considered work and require a Work Permit.
For more information about Work Permits in Thailand, please see here.
What are the Legal & Licencing Requirements for a Food Truck Business in Thailand?
Food trucks in Thailand are subject to numerous legal requirements, ranging from food hygiene to environmental requirements. Please see the following for a more detailed breakdown of the laws and regulations a food truck must comply with.
Food Licence
Restaurants that have an area exceeding 200 square metres are required to apply for a restaurant licence from the local government. Smaller establishments such as a food truck are only required to notify their presence to the local authority. Once they have notified the local authorities, the food truck will be issued with a certificate of notification.
For more information about the Restaurant licence, please see our blog post here.
Food Sanitation Standards
Food sellers including food trucks must comply with regulations relating to food sanitation standards. These regulations are handled by the Bureau of Food and Water Sanitation and the Department of Health.
When it comes to food preparation and cooking, cleanliness is an essential consideration. Food trucks must ensure that all areas where food is prepared and cooked are kept clean and organized. For instance:
- food should be prepared on tables or surfaces that are at least 60 centimetres off the ground.
- Once cooked, food needs to be stored in clean containers and placed on shelves or in cabinets that are also at least 60 centimeters above the floor.
- Separate cutting boards and knives must be used for different types of food—like raw meat, vegetables, and fruits—to avoid cross-contamination.
- Food handlers should always wear appropriate protective clothing to ensure safety and hygiene.
In addition to this, the Ministry of Public Health introduced a new regulation called the Ministerial Regulation regarding Sanitation of Places for Selling Food (B.E. 2561 or 2018). Some key sanitation requirements from this regulation include:
- Food operators and handlers must complete a training course specified by the Ministry of Public Health.
- Proper waste management must be in place.
- There should be effective wastewater management systems.
- Measures to prevent pests and animals must be implemented.
- Equipment and procedures to prevent fire hazards from cooking fuel are essential.
Applicable Thai Laws for Food Trucks
Food trucks in Thailand must adhere to the following laws and their requirements. Please note, this is not an exclusive list and other laws may apply as well.
Public Health Act B.E. 2535 (1992)
Food truck activities cannot generate issues such as dust, odours, smoke, and noise, as outlined in Sections 25(4), 27, and 28 of the Public Health Act B.E. 2535 (1992).
Local authorities have the power to require food truck owners to address these issues, such as eliminating smoke and dust from cooking. If a food truck fails to comply, local officials can take necessary actions, with costs incurred being the responsibility of the food truck owner.
Penal Code of Thailand
The Penal Code imposes strict penalties for food trucks regarding waste disposal:
- Section 237 prohibits introducing harmful substances into food or water intended for public consumption, punishable by imprisonment of six months to ten years and fines ranging from 1,000 to 20,000 Baht.
- Section 375 prohibits obstructing public drainage systems, with fines up to 500 Baht.
- Section 380 penalizes those who contaminate public water sources with fines or imprisonment.
- Section 385 prohibits obstructing public ways, with fines up to 500 Baht.
Food trucks must avoid activities that could pollute water sources or obstruct public pathways.
Civil and Commercial Code of Thailand
If food truck operations cause pollution that harms individuals, operators are liable for damages under the Civil and Commercial Code. For instance:
- Section 420 holds individuals accountable for willful or negligent harm to others.
- Section 1337 allows property owners to seek compensation for excessive injury or inconvenience caused by another’s actions.
City Cleanliness and Orderliness Act B.E. 2535 (1992)
This Act outlines restrictions on food truck operations:
- Section 2020 prohibits cooking or selling on public roads without local authority approval. Violators face fines up to 2,000 Baht.
- Section 21 prohibits purchasing goods sold on public roads, with fines up to 1,000 Baht for consumers.
- Section 33 prohibits dumping waste on roads or into waterways, applicable to food trucks generating litter.
How can Belaws help?
For more information about starting a food truck business in Thailand why not talk to one of our experts now?
Please note that this article is for information purposes only and does not constitute legal advice.
Our consultations last for a period of up to 1 hour and are conducted by expert Lawyers who are fluent in English, French and Thai.
Consultations can be hosted via WhatsApp or Video Conferencing software for your convenience. A consultation with one of our legal experts is undoubtedly the best way to get all the information you need and answer any questions you may have about your new business or project.
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Frequently asked questions
Can foreign investors start a food truck business in Thailand?
Foreign investors can start a food truck business in Thailand, but they must partner with a Thai national. The Foreign Business Act requires that Thai shareholders own more than 50% of the company’s share capital.
What type of business structure is recommended for a food truck?
A private limited company registered in Thailand is the most common and recommended business type for a food truck business.
What visa do I need to operate a food truck in Thailand?
Foreigners must obtain a Non-Immigrant B visa and a work permit if they intend to operate or manage the food truck.
What are the requirements for obtaining a work permit in Thailand?
Requirements include:
- Company must be registered in Thailand
- Minimum paid-up capital of THB 2 million per foreign employee
- Employment of 4 Thai employees per foreign employee
- Social security registration for Thai employees
What licenses are required for a food truck in Thailand?
Food trucks do not need a full restaurant license if they are under 200 square meters. However, they must notify local authorities and obtain a certificate of notification.
What food sanitation standards must food trucks follow?
Food trucks must:
- Prepare food on surfaces at least 60 cm above the ground
- Use separate cutting boards for different food types
- Wear appropriate protective clothing
- Complete Ministry of Public Health training courses
- Implement proper waste and wastewater management
What laws do food trucks need to comply with?
Key laws include:
- Public Health Act B.E. 2535 (1992)
- Penal Code of Thailand
- Civil and Commercial Code
- City Cleanliness and Orderliness Act B.E. 2535 (1992)
What are the potential penalties for non-compliance?
Penalties can include:
- Fines ranging from 500 to 20,000 Baht
- Potential imprisonment
- Required mitigation of environmental or health issues
Can I use a nominee shareholder to start my food truck business?
No, the Foreign Business Act prohibits using nominee shareholders. The Thai partner must have a genuine interest and investment in the business.
Are there special considerations for expats married to Thai nationals?
Yes, if married to a Thai national, work permit requirements are reduced by 50%, including lower capital requirements and fewer mandatory Thai employee hires.
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