Thailand’s Draft Immigration Act and Hotel Act: A Major Step Towards Digitalization and Regulatory Reform

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Thailand’s Draft Immigration Act and Hotel Act: A Major Step Towards Digitalization and Regulatory Reform

Background

Thailand is taking another significant step in its regulatory reform agenda through proposed amendments to the Immigration Act, B.E. 2522 (1979), and the Hotel Act, B.E. 2547 (2004). The draft legislation forms part of the government’s broader Regulatory Guillotine initiative, which seeks to eliminate unnecessary legal requirements, simplify administrative procedures, and reduce compliance burdens for both businesses and the public.

The proposed amendments are also intended to enhance Thailand’s competitiveness by creating a more foreigner-friendly regulatory environment that encourages investment, facilitates tourism, and supports economic growth. At the same time, the reforms modernize enforcement by replacing criminal fines for minor regulatory violations with administrative (disciplinary) fines, consistent with Section 77 of the Constitution of the Kingdom of Thailand.

1. Draft Immigration Act (No. ..), B.E. ….

1.1 Modernization of Administrative Structure

Draft Sections 3 and 4 update the terminology used throughout the Immigration Act to reflect the current organizational structure of the Royal Thai Police. The definition of “Director-General” is repealed, and all references to the “Director-General” are replaced with “Commissioner-General of the Royal Thai Police.” In addition, the term “Immigration Division” is updated to “Immigration Bureau.”

1.2 Removal of Outdated and Redundant Reporting Requirements

One of the most significant reforms is the reduction of reporting obligations imposed on foreign nationals.

Under Draft Section 5, which amends Section 37 of the Immigration Act:

  • Section 37(1) is repealed, removing the prohibition on temporary residents engaging in employment. Because employment of foreigners is already governed by the Foreign Business Act, B.E. 2542 (1999), and the Emergency Decree on the Management of Foreign Workers, B.E. 2560 (2017), this provision is considered redundant.
  • Section 37(2) is repealed, abolishing the requirement for foreigners to notify immigration officials of their place of residence. This obligation duplicates the TM30 reporting requirement already imposed on property owners, possessors, and hotel operators.
  • Sections 37(3) and 37(4) are repealed, eliminating the requirements to report changes of residence and temporary travel to another province exceeding 24 hours. These obligations had already been exempted in practice under the Royal Thai Police Regulations B.E. 2563 (2020).
  • Section 37(5) is retained, preserving the existing 90-day reporting requirement for long-term foreign residents. However, the Commissioner-General of the Royal Thai Police will be empowered to prescribe more flexible reporting methods, procedures, and timeframes.

1.3 Elimination of Duplicate Hotel Reporting

Draft Section 6 repeals Section 38 of the Immigration Act, removing the requirement for hotel operators to submit duplicate reports to immigration authorities. Hotel managers will instead report guest information solely under the Hotel Act, through a single, unified reporting mechanism.

1.4 Flexible Permanent Residence Quotas

Draft Section 7 repeals Section 40 of the Immigration Act, removing the existing statutory quota of 100 permanent residence approvals per nationality and 50 approvals for stateless persons each year. Annual quotas will instead be determined by the government based on Thailand’s prevailing economic and social circumstances.

1.5 Reform of Penalties

Draft Sections 8 and 9 repeal Sections 75, 76, and 77 of the Immigration Act, replacing criminal penalties for minor reporting violations with administrative (disciplinary) fines. This amendment reflects the policy set out in Section 77 of the Constitution, under which criminal sanctions are reserved for serious misconduct.

1.6 Transitional Provisions

Draft Section 10 provides that existing procedures relating to residence reporting, address notifications, and permanent residence applications will remain in effect for a transitional period of up to one year after the Draft Act comes into force.

1.7 Administration of the Act

Draft Section 11 designates the responsible Minister to oversee implementation and ensure continuity throughout the transition period.

2. Draft Hotel Act (No. ..), B.E. ….

2.1 Alignment of Definitions

Draft Section 3 introduces the definition of “Foreigner” into the Hotel Act, adopting the same meaning as under the Immigration Act to ensure consistency between the two statutes.

2.2 Digitalization of Hotel Guest Registration

Draft Section 4, which repeals and replaces Sections 35 and 36 of the Hotel Act, modernizes hotel guest registration by requiring hotel managers to maintain guest records electronically.

Hotel managers will be required to collect only the information necessary for regulatory purposes and to submit guest registration data electronically to the Registrar every 24 hours. The Registrar will then automatically transmit information relating to foreign guests to the Immigration Bureau, establishing a single-window reporting mechanism.

The amendment also authorizes the Department of Provincial Administration (DOPA) and the Registrar to compile and disclose guest registration information to other government agencies, where such disclosure is authorized by law and serves a legitimate public purpose.

In addition, Draft Section 9 requires DOPA to establish and maintain the electronic registration platform.

2.3 Transition to Paperless Administration

Draft Section 5 repeals Section 37 of the Hotel Act, eliminating the requirement for hotel operators to obtain replacement paper registers where records have been lost or destroyed. This amendment supports the transition to a fully electronic registration system.

2.4 Reform of Penalties

Draft Sections 7 and 8 amend the penalty provisions by replacing criminal sanctions with administrative (disciplinary) fines for violations of Sections 35 and 36. Part 2 of the Act is also renamed to reflect the revised enforcement framework.

2.5 Transitional Provisions

Draft Sections 10 and 11 permit hotels to continue using existing registration methods and forms, including the traditional Ro.Ro. 4 register, until the new electronic system and prescribed digital forms become fully operational.

2.6 Entry into Force

The responsible Minister will oversee implementation throughout the transitional period. The Draft Act will enter into force 30 days after its publication in the Royal Gazette.

Conclusion

The Draft Immigration Act and the Draft Hotel Act together represent a significant milestone in Thailand’s regulatory reform agenda. By eliminating overlapped requirements, introducing integrated digital administration, and replacing criminal penalties with proportionate regulatory fines, the proposed legislation seeks to create a more efficient legal framework while maintaining effective immigration control.

If enacted, these reforms are expected to reduce compliance costs for businesses, simplify immigration procedures for foreign nationals, improve inter-agency coordination, and strengthen Thailand’s attractiveness as a destination for international investors, skilled professionals, and tourists.

Author: Panisa Suwanmatajarn, Managing Partner.

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