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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​ 

October 15, 2024
The Contract Committee of Thailand’s Office of the Consumer Protection Board (OCPB) has issued the Notification Prescribing the Business of Selling Condominium Units Through Reservations as a Contract-Controlled Business B.E. 2567 (2024). The notification was published in the Government Gazette on October 3, 2024, and is expected to come into effect 120 days after the publication date (i.e., January 31, 2025). This notification aims to prevent condominium project business operators/developers from exploiting consumers. Under the notification, the business of selling condominium units through reservations refers to a business in which a consumer enters into a reservation contract with a business operator to reserve a condominium unit in a condominium building, by paying a reservation fee (or other benefit similar to a reservation fee) that is not a security deposit or down payment, and committing the consumer to enter into a subsequent sales contract to buy the unit. This also extends to the sale of condominium units reserved through electronic channels. The reservation contract must be written in Thai and must include material terms and conditions as specified in the prescribed reservation contract form attached to the Notification (“Standard Reservation Contract”). In addition, the reservation contract must not contain any of the following terms and conditions: Exemption or limitation of the business operator’s liability arising from its breach of contract. The business operator’s right to change the contract or various conditions imposing an additional burden on the consumer, exceeding what was agreed upon at the time the contract was made. The business operator’s right to terminate the contract with the consumer without written notice, or without the material breach of contract by the consumer. The business operator’s right to confiscate all or part of the payment unless the consumer is in breach of the contract. The business operator’s right to
August 26, 2024
On July 19, 2024, Cambodia’s Ministry of Land Management, Urban Planning, and Construction (MLMUPC) issued Prakas No. 050 on the Formalities and Procedure for Registration of Private Units in Co-owned Buildings Constructed before December 19, 1997. This new regulation aims to address the lack of clear guidelines for registering units in co-owned buildings constructed prior to 1997 and ensure protection of legal ownership rights for private owners of co-owned buildings constructed before December 19, 1997. Background Cambodia’s real estate market, including co-owned buildings and condominiums, has been experiencing rapid growth. As more individuals acquire separate units in co-owned buildings, the demand for proper registration of each unit has increased. While existing mechanisms like Sub-Decree No. 46 on Systematic Land Registration and Sub-Decree No. 48 on Sporadic Land Registration provide frameworks for registering immovable properties, they do not specifically address the registration procedure for co-owned buildings constructed before 1997. Definition of Co-owned Building A co-owned building contains “private units” exclusively owned by individual co-owners and “common areas” used by all co-owners. This includes various categories such as villas, semi-villas, attached houses, condominiums, and other types of houses with common structures. Application Documents The new prakas introduces a more straightforward documentation process for registering private units in buildings constructed before December 19, 1997, compared to previous regulations (specifically, Sub-Decree No. 126 on the Management and Use of Co-Owned Buildings). The required application documents now include: One copy of application form in Khmer Two copies of certified identification documents for each co-owner Two copies of certified documents of property ownership (if any) Notably, certain documents, such as the internal regulations and detailed architectural plan of the co-owned building, are not required. These more lenient requirements encourage more owners to register their private units, as it makes it easier to secure certificates and
July 4, 2024
On June 28, 2024, Thailand’s Ministry of Interior issued the Ministerial Regulation Re: Exemption from the Government Fee for Hotel Business Operators B.E. 2567 (2024). The ministerial regulation, which was published in the Government Gazette on June 30, 2024, lifts the annual government fee for hotel business operations from July 1, 2024, to June 30, 2026. This extends the previous annual fee exemption period, which had been set to expire on June 30, 2024, in accordance with similar ministerial regulations in 2022. This measure aims to alleviate the financial burden on hotel business operators that may be affected by insufficient tourist revenue. For more information on this exemption, or on any aspect of Thailand’s legal and regulatory environment for hotel business operations, please contact Chaiwat Keratisuthisathorn at [email protected] or Chanchai Jhongsathit at [email protected].
June 6, 2024
On January 18, 2024, Vietnam’s National Assembly passed a new Land Law (“Land Law 2024”) that is scheduled to take effect on January 1, 2025, replacing the current Land Law 2013. To mitigate challenges faced by the real estate market, in late May 2024, the government proposed amendments to the Land Law that would move the effective date up five months, to August 1, 2024, pending approval by the National Assembly. One of the key sectors to be impacted by the Land Law 2024 is the energy sector, which requires large land areas for power plants and infrastructure, especially given Vietnam’s 2050 net zero emissions commitment. Below are highlights of how the new Land Law 2024 will affect Vietnam’s energy sector. Annual payment of land rental Under the Land Law 2013, investors implementing energy projects (e.g., solar power projects) are entitled to choose to lease land with either (i) an annual rental payment or (ii) a single upfront payment for the entire term of use. Under the Land Law 2024, these investors are only allowed to use land in the form of an annual rental payment. As the annual land rental is calculated in five-year cycles, based on the land price table decided by the state, this new restriction means that investors in energy projects will face an additional risk of a sudden increase in land rental, disrupting their financial planning. Investors using land sites leased with annual rental payments are also not allowed to mortgage their land-use rights, but can only mortgage assets attached to the land, at credit institutions licensed to operate in Vietnam. Accordingly, this may affect the ability of energy projects to obtain financing during the development stage, because they no longer have assets that can be mortgaged. Obtaining land Under the Land Law 2024,