OTHER TOP RATED ARTICLES: DIGITAL NOMADS AND THE DREAM OF MONEY AND FREEDOM
Interview with officials from Chiang Mai's Work Permit Office, Feb 2 & 28, 2017:
Ms. Rungtiwa Chansri, Labour Specialist Senior Professional Level at Chiang Mai Provincial Employment office
(คุณรุ่งทิวา จันทร์ศรี นักวิชาการแรงงานชํานาญการ สำนักจัดหางาน จังหวัดเชียงใหม่)
Mr. Nutthajak Srikaewlert, Labour Specialist at Chiang Mai Provincial Employment office
(คุณณัฐจักร์ ศรีแก้วเลิศ นักวิชาการแรงงานปฎิบัติการ สำนักจัดหางาน จังหวัดเชียงใหม่)
Mr. Suchart Wattanafungcharoen, Legal Officer at Chiang Mai Provincial Employment office
(คุณสุชาติ วัฒนาฟุ้งเจริญ นิติกร สำนักจัดหางาน จังหวัดเชียงใหม่)
Chiang Mai has been become the number 1 hotspot for Digital Nomads in the world and working remotely online has become more and more common for almost anyone. With these rapid developments, the question of whether and how foreigners can work or 'do their thing' in Thailand is becoming more and more relevant.
This is often a sensitive and hotly debated topic amongst foreigners, and there is a lot of (online) confusion and misinformation about this topic, so we asked the authorities directly to clarify their stance on this matter.
The following is an officially approved interview with officials of the Chiang Mai's Work Permit Office.
Interview with officials of the Chiang Mai Work Permit Office
Is it possible for a Digital Nomad to work legally in Thailand, I ask. How?
In order to work in the Kingdom, a foreigner needs to 1. be on an appropriate visa, 2. obtain a work permit and 3. pay taxes, says Mr. Nutthajak Srikaewlert.
So far, nothing new under the horizon, this part everyone knows or should know.
But ..., what is work? A Digital Nomad working on his laptop in a co-working space, is that considered work? A businessman sitting in his hotel room preparing for a seminar? A dropshipper delivering goods to a Thai customer? When does the Work Permit office consider this to be work?
It's quiet, the officials frown, this is a hard question to answer with a straightforward yes or no, even now at our second meeting after discussing the topic for several hours at our first meeting.
We realize we have come to the real core of the debate on whether Digital Nomads can work legally in Thailand, which is:
how do Thai authorities define "work".
TO WORK OR NOT TO WORK
THAT IS THE QUESTION:
THE DEBATE OF FOREIGNERS WORKING IN THAILAND
IS MAINLY ABOUT DEFINING WHAT IS WORK
Mr. Suchart Wattanafungcharoen opens a copy of the relevant section of Thai law.
" The most important criteria that this department (the Work Permit Office) considers when judging if a foreigner works or not, is: does the foreigner use energy, knowledge or effort to produce something? If the anwer is yes, then this could mean work. However, the Work Permit office may not pro-actively investigate or pursue every such case.
The Work Permit office will mostly be concerned with an activity of foreigners when:
a. Thai security is affected in a wide sense
b. the activity of the foreigner takes work from local Thai people
The Work Permit Office may go to check when a problem occurs or when somebody is reported.
Note that this is the perspective of the Chiang Mai Work Permit office only. Each department of the Thai government has its own concerns and will judge a case according to Thai law from its own perspective. If one department judges that a foreigner breaks the law, this might not be such a concern for another department.
The main purpose of Thai law in this regard is to protect Thai security, Thai workers and Thai resources. But it is up to the departments to interpret when a case is threatening these.
Resources can be interpreted to be objects, cultural factors, pictures, office infrastructure etc. "
We reflect what this position would mean for probably most Digital Nomads in Chiang Mai: an estimated several thousands of so-called Location Independent Entrepreneurs stay in Chiang Mai for at least several months with the main purpose of "work".
" If a Digital Nomad comes here to work only for a short period of time (a few weeks), that is not a main concern for this Department. But if a Digital Nomad come to stay in Thailand long-term with the main purpose of working, then a work permit is needed. He/she exerts energy and resources in Thailand for the purpose of work. "
Using these criteria, aren't most Digital Nomads in Chiang Mai effectively working here illegally?
" Yes, in a strict sense. After consulting our Public Prosecutor, his opinion is that all such foreigners need a work permit and lacking this, are working illegally in the Kingdom.
Until now, they have been left alone because they are not a main concern to our office (yet), however if problems occur or the law is adjusted this may change in the future.
As of now, Thai law does not have specific sections that cater for relatively new developments such as foreign online workers. "
How do you know that a Digital Nomad comes to Thailand mainly for work? This could be just a tourist enjoying the sun and the food, meanwhile playing with his laptop.
" Indeed, it is hard to check what is the true purpose of a foreigner coming to Thailand. Foreigners working on a laptop as such are not a main concern to this office, but if there are problems, we may go to check it. "
We agree that some of the criteria mentioned are sometimes hard to apply and that there is a problem of checking and enforcability, while the relevant sections of Thai law at their inception had not been designed to deal with border-crossing phenomena such as online work and the explosion of Digital Nomads in Chiang Mai.
So I propose to discuss some typical cases of foreigners "working" in Thailand to understand where the delicate grey line runs, which cases are clearly illegal or which would raise the concern of the Work Permit office.
TYPICAL CASES OF DIGITAL NOMADS AND FOREIGNERS
"WORKING" LEGALLY OR ILLEGALLY IN THAILAND
The verdict: " From the perspective of the Work Permit Office, the Digital Nomad is allowed to manage his online shop during the duration of his stay in Thailand without a work permit. Even if some of his customers are in Thailand, he is just continuing to do something he was doing before he came to Thailand anyway.
However, if his products or market are mainly from Thailand, then YES this is considered to be work and it is a concern to us. "
The verdict: " YES, this is clearly work and he should get a work permit for it. This job could have been done by a Thai website designer, the foreigner is competing with Thai workers and so he needs a work permit. This can be a concern to us. "
This is a typical case, that regularly appears as a job advertisement on social media such as Facebook, which might go unnoticed or unpunished by the authorities because of its minor scale, but which is actually clearly illegal and might attract the attention of the authorities at some point.
The verdict: " YES, this is work, because the products are taken from Thailand and it is of our concern. "
The verdict: " Officially, work, however it is not a main concern to our office now, so we allow the foreigner to do this without a work permit. "
This verdict considers the scale of the work and the environment.
The company is officially established in Hong Kong, but the teachers gather in an office space with computers to ensure a smooth teaching schedule.
The verdict: " YES, this is work and all these foreigners need a work permit. The reason is because the structure of this company is such that it's conducting business in Thailand, and it's using Thai resources (office space, infrastructure) to do so. "
This case happened a few years ago when the police arrested foreigners in an office in Riverside Condo.
Note how this case is same same but different from the previous case, because if all these foreigners would be sitting at home in their apartment, this would still be allowed. The grey line zigzags here depending on the work situation, the structure of work and the enforcibility.
The verdict: "YES, this is work and it could be our concern. This work could have been done by a Thai person. Also, in order to produce the blog, the blogger uses information, sources, material, pictures from Thailand to sell it in the international market place. Finally, the content of the blog may affect the security and image of Thailand. The blogger definitely needs a work permit to do this. "
Are you kidding me? This would mean that many well-known travel bloggers, in particular the ones that specialise on Thailand only are in fact operating illegally and would need a work permit.
" When the blogger is an international travel blogger writing not only about Thailand but many more places and he stays in Thailand not too long but just as part of a longer trip to several countries, we allow this case without a work permit. But when the blogger is focused mainly on Thailand, he / she needs a work permit. "
But many bloggers don't even make a dime with their content.
" Even if the blogger does not make any money with his blog, he is still using his knowledge and ability with content that is derived from Thailand, so he needs a work permit.
However, bloggers may not be a main concern to this office, unless there are some problems. "
Interesting judgment and somewhat surreal, it means that all specialised travel bloggers about Thailand are in fact breaching the law if they don't have a work permit for it, even if they don't generate money with their blog.
We browse over a few well-known blogs, such as Richard Barrow in Thailand.
" Yes, this blogger clearly needs a work permit, however we do not really know where he is, if not in Chiang Mai it is not a main concern of us. "
The verdict: " Officially work, but not a main concern to this office. "
Note that you do have to pay taxes if you stay in Thailand for a period longer than 6 months.
He uses a space in Chiang Mai to cast the video editorial.
The verdict: " Can be considered work in the same way all most digital nomad work, however not a main concern. He didn't take a job from Thai people. Also, the content of his blog is not about Thailand and so it is not using sources of Thailand. <"
The verdict: " YES, this is work, because a Thai person could have done this. "
This case happened recently, the authorities arrested a foreigner doing this business.
Other, common cases that occur very often in Thailand and are normally not within the work field of Digital Nomads but are still interesting to discuss are:
The verdict: " No work permit is needed. The businessman is allowed to meet business partners, discuss business opportunities, source products, even present merchandise to potential buyers and sign contracts on behalf of his company, because the nature of this is just temporary activity in Thailand.
Also, Thailand has an agreement with the ILO (International Labour Organisation) that foreigners can work in Thailand in this way. "
This verdict follows the advice of the State Council which interpretes work narrowly.
The verdict: " Officially, foreigners are prohibitted to conduct any property related business, this is one of the so-called forbidden jobs for foreigners. Foreigners would have to register this business and they cannot own more than 49%. However, this is NOT considered work when it concerns just 1 or 2 condos but it is when there are 10 condos for rent and he's specifically doing this as a business. If the foreigner only bought the condos as an investment and does no work at all to rent them out but has hired a local Thai to do this on his behalf, then the foreigner does NOT need a work permit. "
The verdict: " This is a common and delicate case. If the foreigner is only sitting in the restaurant but not serving customers, not training or managing staff, not cooking and not buying supplies, then he does NOT need a work permit for this. But if he involves in any of these activities, officially he does need it.
However, at the same time, there is another section of Thai law that applies to this situation which is that when this is a small family business he is allowed to take care of his family.
So in practice, normally no work permit is enforced. "
The verdict: " YES, this is clearly work and a work permit is needed. "
In Chiang Mai, most foreign-owned yoga studios probably violate the law in this way, employing foreign guest teachers temporarily or even permanently. It hasn't been a priority of the authorities to go after these illegal practises, but they could.
Judgement: " YES, work and work permit is needed. This is a job that could have been done by a local Thai. "
This case happened a few years ago when the police arrested many foreigner musicians everywhere in town.
These cases may illustrate how the authorities, in this case the Chiang Mai Work Permit office positions itself with regard to the issue of foreigners working in Chiang Mai, especially digital nomads.
The Work Permit office also stresses that " there is no mathematical formula to determine what constitutes work, each case has to be evaluated individually. All circumstances will be taken into account, including the time that the foreigner resides in the Kingdom, the true purpose of the foreigner coming to Thailand, the work location and work situation of the foreigner and so on. "
Does it matter that a foreigner receives money in Thailand for actitivies done, for "work"? Does it matter how he receives his money (the payment channel: cash, bank transfer in Thailand, Paypal, Stripe, Payoneer etc.) ?
" The main criteria that the Work Permit office uses to judge if a foreigner works or not are not about payment. Even if a foreigner does not receive payment in Thailand, he could still be considered to be working.
But payment and the payment channel can be taken into account when judging a case. "
Most cases of Digital Nomads who stay in Thailand for a long time (say several months instead of several weeks) with the purpose of "work" can officiallly be viewed as doing work by authorities. This means, they actually need a work permit and are acting illegally if they work without a work permit.
The reason why the authorities have so far allowed it, is because there was no main concern, Thai jobs or Thai security were not threatened, there were no problems or nobody reported it. This position of allowance may change in the future, if there are problems or if Thai law is adjusted.
While most Digital Nomads staying long-term to work in Thailand actually need a work permit, but are allowed to 'do their thing' because they are of no main concern, some Digital Nomads are clearly crossing the line and may be a concern to the authorities and get checked, especially those competing with local Thai workers, threathening Thai security in some way, retrieving resources from Thailand or those working in a company-like structure.
Do you have an opinion on this or do you have experiences with working online legally?
Share it underneath as a comment.
OTHER TOP RATED ARTICLES: DIGITAL NOMADS AND THE DREAM OF MONEY AND FREEDOM
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 | John Posted on September 14, 2021 at 03:29:31 What are the penalities in 2021? I think that jail terms doesn't apply anymore? |
 | Admin Posted on June 05, 2021 at 07:37:02 @Mat: Yes, you're supposed to pay taxes in Thailand if you live here for more than half of the year and receive income. You can pay taxes even if you don't have a work permit, the Revenue Department will allow for that. The benefit for you is that you will be able to show proof of tax paying all through the years that you have been away from home, in case you go back later, for example. And the Thai rates aren't that high. If you need help registering a tax number, let us know. |
 | Mat Posted on June 05, 2021 at 03:13:47 So if you are a chat operator with plans of living here and not weeks... Are you supposed to pay tax then? And if then how? Cause dont you need a workpermit to pay tax? |
| Admin Posted on March 09, 2020 at 08:31:54 @JD: You're the same as thousands of digital nomads in Thailand, in practise nothing to worry about |
 | JD Posted on March 08, 2020 at 18:57:49 I'm looking to get an O-A visa (retirement). I own a US niche tour company and we have no tours in Thailand or any plans to run tours in Thailand. The company only operates online and has no physical bricks and mortar presence anywhere. I simply do computer work to manage the website and work with our international operators. Can I get by without a work permit living in BKK? |
 | DC Posted on September 03, 2019 at 03:51:11 I went through this a while back trying to do the right thing as per teaching Chinese students online from home. The answer was that although technically work they really don't bother about this and they won't issue a work permit because although this is work it doesn't have to be done in Thailand so there is no need to stay here to work. |
 | Linktrix Manpower Posted on June 11, 2019 at 08:01:48 The question-answer pattern that has been used in this write-up is really fascinating. The post offers lots of insights undoubtedly. Can a professional career consultant help in terms of getting a job in Thailand? What do you think? |
| Admin Posted on February 05, 2019 at 03:27:46 @Alex: Like many other remote workers, you'll be fine operating in the grey zone and there are no issues. Trying to fit your work situation into the Thai system might even create some problems, but if you want to try to fit it into their black boxes, you would have to set up a company in Thailand, be employed by that company and apply for a work permit. Mind you, that would require a lot of admin and that company would have to employ Thai staff to allow you to get a work permit. Alternatively, you could work with a company like Iglu, which gets you a work permit in return for some fees, where your Italian company is then just one of your customers. |
 | Alex Posted on February 04, 2019 at 19:35:16 Big question: I've a regular work for an italian company in the IT market. I would like to move to Thailand for 6 months (with plans to move permanently) while keeping my job that I can do remotely. What should I do to be allowed to work legally for my company while staying in Thailand? I really would like to respect 100% the local laws but I'm afraid to openly declare my working condition to authorities |
 | Admin Posted on January 13, 2019 at 07:29:48 @Dicksoft: Yes, this is the typical online job that is "allowed in the grey zone" and won't encounter any difficulties. It doesn't compete with Thai jobs, it doesn't make use of the Thai environment or background, you're not sitting in an office with employees, there are no products crossing borders and no company money from one country to another. |
 | Dicksoft Posted on January 10, 2019 at 15:45:13 I understand that this is a jungle of rules that's very hard to understand. But I'd still like to ask: I have a classic car club in Sweden. We make a magazine and help the members with insurances. It's possible for me to do 99,9% of my work online so I actually don't need to be in one perticular place. Would it be possible for me to work from Thailand? No Thai person can do my job since it requires that the person speaks fluent Swedish and has knowledge about classic cars and insurance rules in Sweden. |
 | TomUk Posted on October 21, 2018 at 16:12:16 So what about trading forex and futures, including development of algo's and trading systems and deploying to servers outside the country to trade accounts/money held in the UK? |
 | Digital Nomad Posted on October 18, 2018 at 14:36:12 @Neo colon This will force these "nomads" to apply for a work permit or GTFO. and how do you apply for a work permit? you can not apply yourself, only a thai company can get you a work permit and must pay you a minimum of 50'000 baht per month or no Work Permit. The "post second war' system" is set now for people to work as a slave, or to be unemployed or become a refugee. Digital nomads are too smart, these old politicians can not understand that the digital world will continue even after their death and nobody give a toss about them because people still need to feed themselves and no matter what happen people will "work" with or without a work permit. So GTFO Yourself!!!! |
 | Neo colon Posted on October 12, 2018 at 13:14:44 The concern here is digital nomads living for more than 6 months in Thailand. The guys on 1year student visas working online. I would say most digital nomads living in Thailand long term are on student visas and working online illegally (blogging or some other work) Anyone living less than six months is minimum risk because they have to do 2 visa runs which brings in money for thai goverment and keeps things fair. Really they should be looking at how these "students" are Financing their studies. Maybe do an account audit every 12 months to show proof of income. This will force these "nomads" to apply for a work permit or GTFO. |
 | Soko Posted on September 22, 2018 at 07:10:40 Thai labour law is retarded, but that's what keeps wages down, and consequently prices, making Thailand the low-cost paradise we all love. So I say let's keep the retarded laws going. |
 | ThaiLogic Posted on March 22, 2018 at 05:33:02 By this logic: Posting pictures on instagram and Facebook for your many followers while living in Thailand = WORK because you are blogging Doing a handstand and backflip at a bar = WORK because you are entertainment customers and a local Thai person can do this There has to be a better distriction between hobby and work, so musicans can play freely and writing food reviews while living in Thailand isn't a crime. 3. A foreigner sources handicraft products in Thailand and exports them to overseas = |
 | LivinLOS Posted on March 21, 2018 at 11:04:22 @Andrew.. Yeah isnt that an incredibly low bar for acceptance, a mere 50 - 60k THB per month income.. If working online you can do this without the Thai staff by using a BOI registered umbrella company like Iglu or others. No 'magic' needed just a small income and to pay taxes like any other citizen. |
 | Andrew Posted on July 25, 2017 at 12:43:47 Fantastic. We need a work permit but in order to get one we need a company that will pay us 50,000 baht and has 4 Thai staff to apply on our behalf. Perhaps next time a detailed article about How we are supposed to get this magic work permit when the law makes it impossible to obtain. |
 | Jukebox Posted on July 19, 2017 at 06:52:28 Can you ask how does a foreign musician who wants to play in bars and restaurants get a work permit. I agree that Thai musicians can do this work but what if a bar, resort, hotel or restaurant specifically wants someone who can sing English songs? |
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