Understanding Restricted Occupations
Thailand maintains a list of occupations that are reserved exclusively for Thai nationals. These restrictions exist independently of the work permit system. While a work permit authorizes a foreigner to work in Thailand, it cannot authorize work in any of the 39 restricted occupations.
This distinction is important: you may have a perfectly valid work permit and non-immigrant visa, but if you perform any work falling under the restricted list, you are committing a criminal offense. The work permit does not provide immunity from these occupation restrictions.
The current list of 39 restricted occupations has evolved over time. Originally, Thailand restricted over 50 occupations to Thai nationals. Amendments in 1979, 2004, and subsequent years have gradually reduced the list as Thailand has opened certain sectors to foreign participation. However, the remaining 39 occupations remain strictly protected.
The Legal Basis
The authority to restrict certain occupations to Thai nationals comes from the Working of Aliens Act B.E. 2551 (2008), Section 7, which states:
"The work prescribed in the Royal Decree as being prohibited for aliens cannot be performed by aliens regardless of any permission granted."
The specific occupations are listed in the Royal Decree Prescribing Work and Occupations Prohibited to Aliens B.E. 2522 (1979), as amended. This Royal Decree carries the force of law and is issued under the authority of the King on the advice of the Cabinet.
Complete List of 39 Restricted Jobs
The following occupations are reserved for Thai nationals. Foreigners are prohibited from performing these jobs regardless of work permit status.
Manual Labor and Skilled Trades (1-13)
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1
Manual LaborGeneral manual work excluding specialized skills requiring expertise that Thais do not possess
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2
Agriculture, Animal Husbandry, Forestry, FisheryExcluding work requiring specialized expertise, farm supervision, or marine fishery
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3
Bricklaying, Carpentry, Construction WorkAll construction trades including masonry and woodworking
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4
Wood CarvingTraditional wood carving and sculpture work
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5
Driving Motor Vehicles and Non-Motorized VehiclesExcludes piloting international aircraft and driving for domestic personal use
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6
Shop Attendant WorkWorking as shop staff, sales clerks, or retail assistants
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7
AuctioneeringConducting auctions for Thai domestic trade (excludes international auctions)
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8
Supervising, Auditing, Providing Services in AccountancyExcludes occasional internal auditing; Thai CPA license required for public practice
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9
Cutting or Polishing GemsGemstone processing and jewelry crafting
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10
Haircutting, Hairdressing, Beautician WorkBarbering, hair styling, and beauty services
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11
Cloth Weaving by HandTraditional handloom textile production
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12
Making Mats or Utensils from Reed, Rattan, Hemp, StrawTraditional handicraft production
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13
Making Rice Paper by HandTraditional paper-making methods
Cultural and Artistic Work (14-19)
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14
Making LacquerwareTraditional lacquer crafts and production
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15
Making Thai Musical InstrumentsCrafting traditional Thai instruments
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16
Making Nielloware (Silver or Gold Inlay)Traditional metal inlay craftsmanship
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17
Making Gold, Silver, or Gold-Alloy WarePrecious metal craftsmanship and jewelry making
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18
Making BronzewareBronze casting and crafting
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19
Making Thai DollsTraditional Thai doll crafting
Service and Administrative Work (20-32)
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20
Making Mattresses and Quilts by HandTraditional bedding production
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21
Making Alms BowlsCrafting traditional Buddhist alms bowls
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22
Making Silk Products by HandTraditional silk weaving and production
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23
Making Buddha ImagesCrafting religious statues and images
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24
Making KnivesTraditional knife and blade crafting
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25
Making Paper or Cloth UmbrellasTraditional umbrella crafting (notably Chiang Mai style)
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26
Making ShoesShoemaking and cobbling work
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27
Making HatsHat making and millinery
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28
Brokerage or Agency WorkExcludes brokerage in international trade
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29
Engineering Work in Civil EngineeringExcludes specialized work requiring expertise; requires Thai PE license for direct practice
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30
Architectural WorkExcludes specialized design; requires Thai architect license for direct practice
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31
DressmakingTailoring and clothing production
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32
Pottery and Ceramics MakingTraditional ceramics and pottery production
Professional and Specialized Work (33-39)
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33
Making Cigarettes by HandTraditional hand-rolled tobacco products
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34
Guide Services or Conducting ToursTour guide work; one of the most commonly violated restrictions
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35
Hawking of GoodsStreet vending and peddling
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36
Thai Language TypesettingTraditional typesetting for Thai script
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37
Reeling and Twisting Silk by HandTraditional silk thread processing
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38
Clerical and Secretarial WorkAdministrative support roles
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39
Legal ServicesPracticing Thai law; excludes advice on foreign law, international arbitration
Why Are These Jobs Protected?
Thailand's restricted occupation list reflects several policy goals:
Employment Protection
The primary purpose is to protect job opportunities for Thai nationals. Occupations requiring basic skills that Thai workers can easily perform are reserved for citizens. This prevents foreign labor from displacing Thai workers in entry-level and semi-skilled positions.
Cultural Preservation
Many restricted occupations involve traditional Thai crafts and cultural heritage. By reserving these for Thai nationals, the government aims to preserve traditional knowledge and skills within the Thai population. Examples include making Thai musical instruments, Buddha images, and traditional textiles.
Professional Standards
Certain professions like law, architecture, and engineering are restricted partly to ensure that practitioners meet Thai professional standards and licensing requirements. These professions affect public safety and require understanding of Thai legal and regulatory frameworks.
Historical Context
Some restrictions date back to when Thailand was more protectionist. While the list has been reduced over time as Thailand has liberalized its economy, many restrictions remain as legacy provisions.
Exceptions and Qualifications
Several restricted occupations include important exceptions:
Common Exceptions
Specialized expertise: If an occupation requires specialized knowledge that Thai nationals do not possess, foreigners may be permitted. This must be demonstrated through qualifications and experience.
International work: Some restrictions apply only to domestic work. For example, brokerage for international trade is permitted.
Supervisory roles: In some trades, foreigners may supervise work performed by Thai workers.
Treaty provisions: Bilateral treaties may provide exceptions for nationals of specific countries.
The "Specialized Expertise" Loophole
The Working of Aliens Act allows exceptions for work requiring "specialized expertise" that Thai nationals cannot provide. However, this exception is interpreted narrowly. You must demonstrate:
- Unique qualifications or training not available in Thailand
- No Thai national can perform the specific work required
- The work is necessary for a specific purpose or project
This exception is granted on a case-by-case basis and typically requires supporting documentation from professional bodies or government agencies.
Penalties for Violations
Performing a restricted occupation carries the same penalties as working without a work permit:
| Violation | Penalty |
|---|---|
| Foreigner performing restricted work | Imprisonment up to 5 years and/or fine up to THB 100,000 |
| Employer allowing restricted work | Fine THB 10,000-100,000 per offense |
| Additional consequences | Deportation, re-entry ban (1-10 years), work permit revocation |
Common Misconceptions
Misconception 1: "My work permit covers me"
False. A work permit authorizes you to work for your employer, but it cannot authorize restricted occupations. If your work permit lists a restricted occupation by mistake, you are still committing an offense by performing that work.
Misconception 2: "I'm self-employed, so it doesn't apply"
False. The restrictions apply to all work, whether employed or self-employed. A foreigner cannot become a street vendor or tour guide just because they work for themselves.
Misconception 3: "I'm doing it for free, so it's not work"
Potentially false. The definition of "work" under Thai law includes activities performed without pay. Volunteer work in restricted occupations may still violate the law.
Misconception 4: "Foreigners teach English, so teaching isn't restricted"
Partially true. Teaching is NOT on the restricted list, which is why many foreigners can obtain teaching work permits. However, teachers must still obtain proper work permits and visas.
Enforcement Reality
Enforcement of restricted occupation rules varies by location and occupation:
High-Risk Occupations
- Tour guides: Regular police and tourism authority checkpoints target unlicensed guides, especially at tourist sites
- Hawking/street vending: Visible violations that are easy for police to spot
- Driving for hire: Taxi and delivery drivers without proper authorization
- Shop attendants: Retail work in tourist areas receives scrutiny
Lower-Risk but Still Illegal
- Traditional crafts (less visible, fewer complaints)
- Clerical work (often ignored if within a legal company)
- Some skilled trades (enforcement depends on complaints)
Enforcement often begins with complaints from Thai competitors or disgruntled employees. Immigration raids on businesses may also uncover violations. Tourist areas with high concentrations of foreign workers receive more attention.