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December 16, 2025

DNA: Infrastructure and Construction in Southeast Asia

Tilleke & Gibbins has contributed the Cambodia, Laos, Myanmar, Thailand, and Vietnam chapters to Infrastructure and Construction in Southeast Asia, a comparative guide developed by Drew Network Asia (DNA). The publication brings together insights from leading ASEAN law firms to address common legal and practical issues faced by participants in the construction and engineering sector across the region.

Covering nine major Southeast Asian jurisdictions, the guide provides concise answers to frequently encountered questions relating to infrastructure and construction projects. Topics addressed include the regulatory environment, procurement practices, project structuring, risk allocation, contracting terms, dispute resolution mechanisms, and the enforcement of arbitral awards.

Each jurisdictional chapter follows a consistent question-and-answer format, enabling readers to compare legal approaches and market practices across countries. This structure highlights both areas of convergence and key differences between jurisdictions, supporting more informed decision-making in cross-border projects and investments.

While the guide offers a practical regional overview, it also underscores that legal frameworks and market practices vary significantly between jurisdictions and may be shaped by local principles and industry norms. Readers seeking jurisdiction-specific advice are encouraged to contact the practitioners listed at the end of each chapter.

The full guide is available for download through the button below or directly from the DNA website.

RELATED INSIGHTS​ 

September 7, 2021
“Condominium” combines the Latin roots com (“together”) and dominium (“right of ownership or property”) into a word that literally means “shared property.” This shared ownership of property—which in the condominium’s case has come to mean a large building of residential units—has been enormously popular in Bangkok and other Thai cities, and regardless of the economic situation in Thailand, condominiums continue to be attractive to Thai people and foreign investors due to their favorable locations, pleasant common spaces, access to convenient methods of transportation, and reasonable prices. The land available for “low-rise” buildings—such as detached houses, townhouses, twin houses, or commercial constructions—is expected to become progressively scarcer in urban areas, with condominiums or “high-rise” residences eventually becoming the residence of choice. Despite its advantages, living in condominiums involves the coming together of the people owning or leasing the units, so various conflicts among the owners or with the condominium juristic person are bound to arise from time to time. As a continuation of a similar discussion of condominiums that we wrote a few years ago, this article aims to provide some clarity to these issues by identifying some key elements of the legal framework governing condominiums, considering some of the more common disputes that arise, and suggesting legally sound resolutions to those disputes. Legal basics The main law governing condominiums in Thailand is the Condominium Act B.E. 2522 (1979), which establishes the following key definitions: Condominium. A building in which the ownership is divided into multiple parts consisting of individual personal properties and jointly owned common property. Personal property. A condominium unit, including constructions and land provided to each unit owner. Personal property can be divided into two main types: a “unit,” which refers to the parts of the condominium that are divided to be owned by different persons; and
August 31, 2021
A new regulation from Thailand’s Ministry of Interior grants a three-year extension for obtaining an alteration permit or a certificate to change the use of a hotel building. The eligibility period—which had been scheduled to expire on August 18, 2021—is now open until August 18, 2024. The extension was announced in the Government Gazette on August 6, 2021, after Ministerial Regulation Prescribing the Descriptions of Other Types of Buildings Which Can Be Used for a Hotel Business Operation (No. 3) B.E. 2564 (2021) was issued on August 2. The regulation, which is issued under the Building Control Act B.E. 2522 (1979), specifies which types of buildings can be used as “hotels providing accommodation only,” and which types can serve as “hotels providing accommodations and a restaurant, or a place for serving or cooking food.” This is the third such regulation, with previous versions being issued in 2016 and 2018 prescribing standards of the qualified buildings. The previous regulations set requirements for the following building features: The width of walkways in the building; The width and length of ladders; The maximum loading weight in all parts of the building; and The number of standard fire extinguishers installed on each floor. Moreover, the previous ministerial regulations stipulate that the building’s boundaries, height, space from other buildings, setback, and parking lots must comply with the building control regulations effective at the time of construction or alteration. These regulations also include requirements on additional fire alarm systems and emergency lighting system, as well as details on the fire escapes and ladders for buildings over a certain size. For more information on property and building regulations in Thailand, please contact Chaiwat Keratisuthisathorn at [email protected] or +66 2056 5507.
February 23, 2021
As many are already aware, following the change of government in Myanmar on February 1, 2021, a draft Cyber Security Law was proposed which attracted widespread criticism. However, less attention has been paid to significant amendments to two existing laws, some of which have a similar effect to parts of the draft Cyber Security Law. In other words, while the draft Cyber Security Law has not progressed further and is under public scrutiny, significant elements of it have found their way into law in Myanmar by other routes. Because these amendments are already law, it is very important that individuals and businesses in Myanmar understand their implications. Amendments to the Law Protecting the Privacy and Security of Citizens The Law Protecting the Privacy and Security of Citizens (2017), or the “Privacy Law,” was amended on February 13, 2021, less than two weeks after the military government came into power. These amendments chiefly address the power of the government to conduct searches, seizures, and arrests; to extend detention without judicial oversight; and to carry out broad surveillance and investigation activities that could intrude on individual privacy. The amendments accomplish this by suspending various sections of the Privacy Law for as long as the State Administration Council (the military body now governing Myanmar) is in power. The suspended sections include the following: Section 5: Search, seizure, and arrest without civilian observation The relevant part of Section 5 of the Privacy Law states, “The responsible authorities shall … when acting in accordance with existing law, not enter into a person’s residence or a room used as a residence, or a building, compound or building in a compound, for the purpose of search, seizure, or arrest, unless accompanied by minimum of two witnesses who should comprise Ward or Village Tract Administrators…”. The suspension