Private and International School Licensing in Thailand

TL;DR

The Private School Act B.E. 2550 (2007) (พระราชบัญญัติโรงเรียนเอกชน) governs private school licensing administered by the Office of the Private Education Commission (สำนักงานคณะกรรมการส่งเสริมการศึกษาเอกชน) under the Ministry of Education. Foreign-controlled school operations also engage the Foreign Business Act B.E. 2542 (1999) — education services appear in FBA Schedule 3. International schools follow specific Ministry of Education regulations on curriculum, teacher qualifications, and language of instruction.

Licence Categories

Application Process

1. Establish licensee — typically a Thai-registered foundation or company.
2. Submit school establishment application: site, building plans, curriculum, financial plan, staffing plan.
3. Site visit and inspection.
4. Director (school head) approval — qualifications and clean record requirements.
5. Operating licence issued.
6. Annual reporting; periodic re-inspection.

Foreign Teacher Requirements

• Bachelor's degree (often in education or the teaching subject).
• Teacher's Licence Waiver issued by the Teachers' Council of Thailand (Khurusapha / คุรุสภา) for non-Thai-qualified teachers — typically renewable for 2-year periods.
• Work permit from the Department of Employment.
• Police clearance from home country.

Ownership Structures

Private schools are often structured through a Thai foundation (มูลนิธิ) holding the school licence, with a separate management company providing services. Foreign-controlled management companies need FBA analysis.

Common Mistakes

Avoid these traps:

• Operating before licence — Ministry can order closure.
• Hiring teachers without proper Khurusapha waiver and work permit.
• Confusing tutoring centres with formal school licensing.
• Underestimating Foreign Business Act exposure on management company.

FAQs

1. Can a foreigner own a Thai private school?

Direct foreign ownership of the licensee entity is restricted. Most international schools are structured through Thai foundations or Thai-majority companies, with foreign expertise provided via management services.

2. Is BOI promotion available?BOI has promoted certain international school activities in past investment categories. Verify with the latest BOI Activity List.

3. What about online learning?The Private School Act extends to e-learning operations within scope. Pure offshore online providers without a Thai presence may be outside scope but Thai students' protection regulations may apply.

4. Is the curriculum requirement strict?

For international schools, the Ministry of Education accepts internationally-recognised curricula (IB, IGCSE, US, Singapore, Australian, etc.) with Thai-language and Thai-history components for Thai-national students. Formal national-curriculum schools must align with Thai standards.

5. Can a foundation receive donations tax-effectively?

Yes — registered education foundations qualify for tax-deductible donations under Revenue Department rules. Specific Ministerial Notifications list approved donee organisations.

Related Reading

• Education Law Hub
• Business in Thailand Hub