In December 2025, the National Assembly of Vietnam enacted a new Law on Construction, replacing the 2014 Law on Construction as amended in 2020. The 2025 Law on Construction will, in principle, take effect on July 1, 2026, subject to certain exceptions. Among its notable reforms, one development has attracted particular attention from both legal practitioners and market participants: the introduction of a statutory framework governing predetermined damages, commonly referred to as “liquidated damages.” This marks the first time liquidated damages have been expressly recognized at the level of primary legislation in Vietnam. While liquidated damages clauses have long been a common feature of construction contracts in practice, their legal enforceability has historically been subject to uncertainty. Although the new provision appears to represent a positive step toward greater legal clarity, it remains an open question whether it is sufficient, on its own, to provide a solid legal basis for the enforceability of liquidated damages clauses in construction disputes in Vietnam. What’s New? Article 86.2 of the 2025 Law on Construction provides (emphasis added): “Compensation for damages shall be determined on the basis of actual damages [or] predetermined damages corresponding to obligations under the construction contracts that are breached [and] the extent of such breaches.” This provision is significant in that it expressly recognizes predetermined damages, or liquidated damages, as a lawful basis for determining compensation for damage. However, the new law does not define “predetermined damages.” The absence of a statutory definition creates potential ambiguity as to the scope and nature of this concept and may give rise to disputes over how—and whether—a particular contractual clause qualifies as predetermined damages for the purposes of Article 86.2. Further, Article 86.2 qualifies the application of predetermined damages by requiring that such damages correspond to the obligations not fulfilled and the

Tilleke & Gibbins has updated the Vietnam chapter in the newly released Licensing 2026 guide, published by Lexology Panoramic. The comparative guide provides companies and other interested readers with information on licensing law and practice in various countries around the world. Licensing 2026 provides detailed information on the following topics: Restrictions, laws and licensing arrangements Intellectual property issues: Paris Convention for the Protection of Industrial Property, contesting the validity of licensor’s IP rights, invalidity and expiry of IP rights, security interests, proceedings against third parties, sublicensing, jointly owned IP, first to file, scope of patent protection, trade secrets, copyright Software licensing: Perpetual licensing, legal requirements, user restrictions Royalties and payments, currency conversion, and taxes: Relevant legislation, restrictions, taxation of foreign licensors Competition law issues: Restrictions on trade, legal restrictions, and IP-related court rulings Indemnification, disclaimers, and damages: Prevalence and enforceability of indemnity provisions and contractual waivers of damages Termination: Right to terminate, impact of termination Bankruptcy: Impact of licensee or licensor bankruptcy Dispute resolution: Governing law, arbitration, enforceability, injunctive relief, contractual waivers The Vietnam chapter is available below as a PDF. Readers can gain 30 days of complementary access to the full Licensing 2026 guide and the rest of Lexology Panoramic’s varied offerings through this link.

On February 2, 2026, Myanmar’s Ministry of Finance and Revenue issued Notification No. 19/2026, reducing the customs duty rate to 0% for certain battery‑electric vehicles, machinery, and related spare parts, applicable from February 2, 2026, through March 31, 2026. Under the notification, imports of battery‑electric special‑purpose vehicles, battery‑electric industrial machinery, and associated spare parts listed in the notification’s annex are eligible for a zero‑percent customs duty rate. These items must be supported by technical recommendations from the Ministry of Electric Power and a recommendation from the Ministry of Industry. The notification applies to a broad range of battery electric equipment, including the following categories: Special purpose vehicles, such as crane trucks, mobile drilling trucks, concrete mixers, mobile clinics, broadcast vans, and street‑cleaning vehicles. Heavy machinery, including excavators, bulldozers, loaders, cranes, rollers, forklifts, and port handling equipment. Spare parts, covering 16 specified categories, including key components such as chargers, inverters, and controllers. Importers and businesses using electric‑powered industrial equipment should review the scope of the eligible items and confirm whether their planned imports fall within the lists covered by the notification.

The past year has been an important one for the Trade Competition Commission of Thailand (TCCT). With a right combination of commissioners bringing expertise in competition law, investigations, administrative procedures, court processes, and sector-focused industries, the regulator has pushed forward with stronger enforcement efforts and closer cooperation with both domestic and international stakeholders. In 2025 the TCCT participated in major international initiatives—including peer reviews conducted by the OECD and ASEAN. These efforts reflect Thailand’s ongoing ambition to elevate its competition law framework to meet international expectations and build trust among global communities. There was also significant momentum around potential amendments to the Trade Competition Act (TCA). Political parties, the TCCT, the private sector, and civil society all agreed that the 2017 law could benefit from clearer rules and more effective enforcement tools. Although a draft amendment passed an initial reading and moved to a subcommittee for revision, the process stalled following the dissolution of Parliament. At the same time, the TCCT invested heavily in strengthening its own internal capabilities. It expanded collaborations with organizations such as the OECD, ASEAN authorities, the EU, and counterparts in Japan and Australia. The TCCT also published sector-specific market studies, including on digital platforms and e‑marketplaces and on cold‑rolled steel. The regulator also shared draft guidelines aimed at regulating online platforms—although these have not yet been finalized. What’s Next for the TCCT? Looking ahead, the TCCT is set to keep building on the momentum it has created and be a more active, transparent, and practical regulator. It is likely to become even more visible in the public sphere as it steps up efforts to raise awareness about competition law, especially among businesses that may not traditionally follow or be familiar with such regulatory developments. Digital markets, including e‑commerce and online marketplaces, will remain a