The Kingdom of Thailand (previously Siam) attracts hordes of tourists each year, who flock to the country to enjoy its unique cuisine, magnificent beaches, and striking ancient temples. The country’s tropical climate and centuries-old architecture indeed render it a great tourist destination, but if you plan on gambling during your stay, do not bother visiting.
Gambling is largely prohibited on Thai territory, with the ban extending to nearly all forms of betting you can think of. However, the prohibition hardly prevents locals from participating in such activities. Illegal betting is rampant here, with gambling dens and illegal bookmaking shops strewn around the country. The scope of these activities is so great that there is even an unauthorized version of the national lottery whose popularity greatly surpasses that of the legal lottery.
A recent study carried out in 2019 revealed that approximately 57% of the residents have participated in one form of gambling or another during said year. When applied to Thailand’s entire population, this percentage corresponds to nearly 30.5 million citizens. State lotteries are the most widespread form of gambling with around 23 million participants.
The numbers were almost equally impressive for unlawful lotteries with around 18 million players. The number of Thais to punt on soccer was significantly lower at 3.5 million only. The bets on the popular sport nonetheless account for the highest customer spend (฿160.5 billion), according to the 2019 study.
Significantly fewer citizens pursue online gaming which also falls within the scope of the general gambling prohibition. Now that you have gotten a general idea about the size and scope of Thailand’s gambling industry, let’s explore the laws that govern it in more depth.
Laws That Govern Gambling in Thailand
Despite its massive popularity among Thai people, gambling remains largely prohibited in the country. The only legal and regulated activities of this kind are state lotteries and horse race betting. In 1935, the government passed a legislation called the Gambling Act B.E. 2478. It repealed many of the provisions of the country’s previous gambling legislation (the Gambling Act B.E. 2473).
Another law that applies to gambling is the Anti-Money Laundering Act, B.E. 2542, which came into force in 1999. However, the 1935 Act remains the primary legislation that governs gambling in the country. The Act regulates lotteries but fails to provide a clear definition of gambling. What it does, though, is distinguish between two types of games, List A and List B.
List A and List B Games
Requirements for List B Games Permits
Sanctions for Violation of the 1935 Gambling Act
The Playing Cards Act of 1943
List A and List B Games
List B comprises gambling activities that involve betting on bloodsports and similar “games” where animals can come to harm. Examples include bull, dog, and cockfighting. List B also contains activities such as bingo, sweepstakes, bookmaking, billiard, backgammon, and tote betting.
The law expressly states that List B gambling activities are permitted only on condition their organizers have obtained licenses or permits from the ministerial authorities. Organizers can offer games 5 through 15 on List B provided they do not award the prizes in monetary form. Bingo, shooting, image guessing, and coin tossing are some of the examples.
Section 4 of the 1935 Gambling Act prohibits the organization, participation, and gambling on games belonging to List A. However, if the authorities find it appropriate to allow said games under given conditions, they must issue a royal decree to permit them, which happens rarely if ever. The games on List A include three-card Monte, high-low, poker, domino, roulette, and type A and B lotteries, among others.
Requirements for List B Games Permits
As we previously mentioned, List B games are allowed only if their organizers have obtained licenses from Thailand authorities. A license must explicitly state the rules of each gambling game, along with the operating hours and the venue where the games take place. Licenses for lotteries, sweepstakes, and raffles must contain information about the number of tickets on sale. When and where the draws take place should also be specified.
The person or entity that arranges the event must also specify whether the number of participants in the games is fixed or not. Respectively, the organizers of List B games cannot offer them to individuals who have not reached the legal age of play. For clarification, Thailand nationals can partake in lotteries as long as they are at least 20 years old.
Sanctions for Violation of the 1935 Gambling Act
Section 9 bis prohibits the sale of lottery tickets at greater prices than those listed on them. The sanctions for violators are either fines of up to ฿1,000 or jail time for up to a month. The government has the right to seize the gaming equipment of those who organize unauthorized games or operate List B games in violation of their licenses and the 1935 Act.
Individuals who organize prohibited games 1 through 16 on List A face fines of ฿500 to ฿5,000 or imprisonment for 3 months to 3 years. Offenses related to the provision of any other games mentioned in the legislation can cost the violators maximum imprisonment of two years and monetary sanctions amounting to no more than ฿2,000.
Thai law imposes harsher penalties on convicted individuals who reoffend three years after being discharged from prison. Under Section 14 bis, recidivists who repeat their gambling-related offenses within three years after their release will suffer twice as much jail time and/or higher fines. One aspect we found interesting is that persons who inform the authorities about violators and assist with their arrests are eligible for rewards under Section 15.
The Playing Cards Act of 1943
Thai lawmakers passed the Playing Cards Act, B.E. 2486 in 1943 in an attempt to combat gambling on illegal card games. This 1943 legislation repealed the Playing Cards Act, B.E. 2481 and the Playing Cards Act (№ 2), B. E. 2482, effectively prohibiting private persons from owning over 120 playing cards without first obtaining the government’s permission.
The manufacturing of cards also constitutes a criminal offense under Thai law, and so does importing them from other countries. The sale of playing cards requires a permit granted by the Director-General of the Excise Department. License applicants must pay fees of up to ฿100 upon submitting their applications. Each subsequent substitution of the permits costs ฿10.
Permits for the sale of playing cards expire on December 31st and require annual renewal, according to Section 7(2) of the legislation. Only cards that carry the seal of the Excise Department are eligible for legal sale. Licensed card sellers incur additional expenses for the stamping to the amount of ฿30 for each batch of 100 cards.
Thai officials have the mandate to raid any private or public place on suspicion of illegal playing cards possession. Citizens who print or produce illegal cards can suffer monetary penalties on top of jail time of up to 10 years. Selling cards without a permit is punishable by a maximum imprisonment of one month or fines of up to ฿1,000. The heaviest sanction for illegal card possession (i.e. for possessing over 120 unstamped cards) is three-year imprisonment.
Fees and Tax Rates in Thailand
Section 16 of the 1935 Gambling Act outlines the tax rates imposed on legal gambling games in Thailand. Licensed lottery organizers are subject to tax rates of up to 10% of their gross gaming revenue (GGR), or the difference between their gross income and the prizes paid out to the lottery winners.
The tax rate for authorized bookmakers who take bets on horse races is also 10%, but applies to their net revenue rather than to the GGR. Licensed sweepstakes and raffle organizers must contribute up to 10% of the value of all sold tickets prior to expenses deduction.
Thailand’s Minister of Interior has the remit to impose additional taxes on licensees who organize horse racing, sweepstake, and tote betting. The rate is up to 2.5% and the tax money goes toward the funding of the municipalities where the gambling activities take place.
Online Gambling in Thailand
Thai law makes no specific references to remote gambling but these activities still fall within the scope of the Gambling Act B.E. 2478. Participation in such activities is still a legal violation and punishable under the country’s criminal law. The ban hardly prevents locals from wagering at offshore gambling sites as residents rarely find themselves in hot water for placing bets with foreign operators.
Thai authorities are not in the habit of starting legal proceedings against locals who partake in offshore sports wagering, poker, or online casino gaming in the privacy of their homes. Despite the draconian measures, approximately 70% of the country’s population admit to using offshore gambling services on a regular basis.
Sports betting, in particular, is massive in Thailand, leading to a great inflow of money from the country. Statistics released by the Kasikorn Research Center show that local punters collectively spent approximately ฿58 billion on football wagers in 2016 alone.
The popularity of offshore gambling sites in the country is unsurprising, considering that many foreign operators cater to Thai customers with numerous payment methods and allow payments in the local currency, the Thai Baht (THB). Many offshore operators also enable Thai bettors to fund their accounts in cryptocurrencies like Bitcoin.
The Bank of Thailand (BOT) does not legally recognize cryptocurrencies due to the lack of regulations. BOT unveiled plans in early 2021 to introduce regulations on stablecoins. The latter are virtual tokens whose value is pegged to the USD. If enforced, the regulations will not cover cryptos like Ethereum and Bitcoin since they are not backed by fiat currencies.
Conclusion
As you can see, the legal climate in Thailand is rather harsh when it comes to gambling. Local laws prohibit most forms of gambling activities bar state lotteries and horse race betting. However, this hardly stops locals from wagering in one way or another.
A substantial percentage of Thailand residents engage in online gambling at offshore websites. An equally great number pay frequent visits to the illegal gambling dens spread all around the country. By the looks of it, Thailand’s government has no intention of changing its stance soon.