Legislative Amendment Proposal for Enhancing the Competitiveness of Accommodation Providers in the Sharing Economy for Tourists in Thailand

Abstract

This study aims to examine the legal issues related to the operation of the tourist accommodation industry and to propose legal reforms to enhance the competitiveness of accommodation operators within the sharing economy model for tourists in Thailand. A qualitative research approach was employed, utilizing focus group discussions with 69 key informants, including representatives from associations, local operators, service users, and legal experts across the provinces of Chiang Mai, Phuket, Khon Kaen, and Chonburi. The data were analyzed using content analysis.

The findings revealed that various property owners provide short-term accommodations through online platforms. This situation creates challenges for registered accommodation operators who adhere to legal requirements and tax obligations under the Land Development Act B.E. 2000, the Condominium Act B.E. 1979, and the Minnisial Regulation on Hotel Business Categories and Operation Criteria B.E. 2008. Furthermore, it leads to unfair competition among providers and poses risks to consumers utilizing the services. Therefore, legal reforms are necessary to support short-term accommodation within the sharing economy. Recommendations include making ministerial regulations more flexible to include houses and condominiums, enhancing safety regulations, and streamlining the licensing process through an online system to reduce complexity and delays. Additionally, the study suggests empowering the Ministry of Tourism and Sports as the primary regulatory body to oversee the short-term accommodation sector, enhance operational efficiency, align with modern tourism dynamics, and ensure fair and sustainable competition within the industry.