You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

May 14, 2020

Laos Further Details COVID-19 Preventive Measures for Business Operators

On May 11, 2020, the National Taskforce Committee for COVID-19 Prevention and Control (NTCCPC) issued Recommendations, no. 071, on the Conditions and Measures for Operations of Business Operators during the COVID-19 Outbreak. The recommendations generally ease the required preventive measures and replace the conditions and measures issued on April 21; the new list of conditions and measures must be adopted before a company’s operations will be allowed to resume in full.

Workplace Conditions

  • The working environment must be spacious enough to guarantee social distancing of at least one meter.
  • The canteen must be sufficiently spacious, and operators must guarantee good hygiene, prohibit the common use of utensils, and ensure one-meter social distancing. Persons suspected of having COVID-19 symptoms must use a separate room.
  • Clean water (including for drinking), handwashing stations, alcohol gel, and masks must be available for all employees.
  • There must be a security guard to inspect personnel who leave or enter the premises.
  • There must be a cleaning team to dispose of waste properly. Waste disposal bins should have a lid.
  • Project, company, and factory operators must facilitate periodic inspections and visits from medical teams from the relevant authority who will carry out the inspection.

Measures to Implement

  • The body temperature of all employees must be checked prior to their entering or leaving the working area, dormitory, and canteen, from morning to evening every day. Additionally, alcohol hand sanitizer must be provided to all employees. Operators must also keep a written record of the symptoms of each person. Any employee who exhibits a fever (above 37.5 degrees Celsius), a cough, or difficulty breathing must be separated from the working area and put in isolated quarantine. Operators should immediately alert the authorities via emergency number 165 or 166, and have the person examined by a doctor.
  • Masks must be provided to all employees and worn during working hours and at all gatherings of personnel. Handwashing stations must be situated at convenient locations.
  • Employees must observe social distancing of one meter. Activities where this social distancing requirement cannot be guaranteed are prohibited (e.g., sports, celebrations, social events, etc.).
  • Prevention measures for drivers transporting goods to the premises, suppliers, or any relevant person from outside the company must be comparable to those for employees.
  • All projects, companies, and factories must have their working areas, canteens, toilets, dormitories, warehouses, and storage rooms cleaned every day after working hours.

Overall, these measures reduce the emphasis on health risks posed by large factories and reduce the NTCCPC requirements for business operators looking to resume operations, including the removal of prohibitions on new hiring, and on outside parties visiting the premises. Also removed are the requirements to have a car standing ready to transport symptomatic persons and a 24-hour reserve of water.

With Laos still transitioning out of lockdown, work has so far only been resumed on a rotation staff basis. To have this rotation requirement removed and receive permission to resume normal staffing, operators of projects, companies, and factories must first ensure that the above conditions and measures can be observed, and then request authorization from the relevant authorities. The authorities will then conduct an on-site inspection before authorizing the resumption of operations.

Failure to follow these measures may result in a warning, suspension of activities, or a fine, while the Penal Code allows imprisonment for breaching hygiene measures. In addition, operators will be considered responsible for damages if they are found to have not observed these measures.

For more details on these measures, or on any aspect of doing business in Laos during this time, please contact Tilleke & Gibbins at [email protected].

RELATED INSIGHTS​ 

November 7, 2025
Thailand and the United States signed a memorandum of understanding (MOU) titled “Cooperation to Diversify Global Critical Minerals Supply Chains and Promote Investments” on October 26, 2025, signaling a new strategic alignment aimed at developing Thailand’s mineral sector, particularly in rare earth elements (REEs). The MOU has implications for investments in technology, manufacturing, and other related sectors. This update outlines the key provisions of the MOU and the potential opportunities and legal navigating points for businesses. Objectives The primary driver of this agreement is the US initiative to diversify global supply chains for critical minerals and reduce reliance on current market leaders, particularly China. For Thailand, it represents a major opportunity to attract high-tech investment and develop its downstream processing industries. The cooperation is set to focus on five main areas: Technical knowledge: Exchange of technical expertise and international best practices to strengthen Thailand’s mining and processing sector. Joint cooperation: Establishing workshops, seminars, and scientific collaboration to boost innovation. Regulatory practice: Promoting good governance and streamlining regulatory and licensing procedures. Information sharing: Sharing data on potential projects and global market prices. Full-value chain: The MOU covers the entire mineral lifecycle, from exploration and extraction to processing, refining, and recycling. “First Opportunity to Invest” Clause The most debated provision within the MOU states that “participants expect to have the first opportunity to invest . . . in critical minerals assets that may be sold in Thailand.” Business implications: This clause is widely interpreted as granting US companies a first look or preferential access to investment opportunities in Thailand’s critical minerals sector. This could be a significant advantage for US-based or affiliated companies in mining, technology, and energy seeking to secure a foothold in a developing REE supply chain. Thai government position: Thai officials, including the prime minister, have publicly clarified
October 31, 2025
On September 29, 2025, Thailand’s Office of the Personal Data Protection Committee (PDPC Office) published its Regulations on the Review and Certification of Binding Corporate Rules B.E. 2568 (2025) (the Regulations). The Regulations provide clarity on the PDPC Office’s approach to reviewing and certifying binding corporate rules (BCRs) under Section 29 of the Personal Data Protection Act B.E. 2562 (2019) (PDPA), and aim to facilitate international data transfers within a group of undertakings or enterprises (a “corporate group”). In conjunction with this development, the PDPC Office also approved BCRs for two companies operating in Thailand on September 30, 2025. This milestone represents the first concrete progress since the PDPC’s Notification on Criteria for the Protection of Personal Data Sent or Transferred to a Foreign Country pursuant to Section 29 of the PDPA B.E. 2566 (2023) came into effect in March 2024. Some key features of the Regulations are set out below. Categorization of BCRs BCRs are classified into two types: (1) BCRs for Controllers (BCR-C) and (2) BCRs for Processors (BCR-P). The category must be clearly specified when submitting the BCRs to the PDPC Office. Documentation Requirement The applicant must prepare and submit the application (a standard template may be provided by the PDPC Office in the future) along with supporting documents for review and certification in the Thai language. If the supporting documents are in a foreign language, a certified Thai translation should be provided. The translation must be notarized by a notary public or qualified person. Supporting documents may include, among others, a binding instrument such as an intra-group agreement, or a list of entities subject to the BCRs. Expedited Process Requirement Organizations with existing BCR approvals under the EU or UK GDPR, or from countries announced by the PDPC under Section 28, may apply through an
October 30, 2025
Recent events at a Thai listed company, where a proposal to remove the director was not successful, amid claims that a competitor was attempting to gain control of the company, illustrate how disputes over corporate control can unfold differently at the board level and shareholder level. At the board level, removing directors of a listed company mid-term to gain corporate control is not an easy task under Thai law, as it requires a higher threshold than appointing a new director, which typically only requires a simple majority vote in a listed company. At the shareholder level, Thailand’s tender offer and competition regimes add complexity where different shareholder groups act in concert to remove opposing board representatives or otherwise influence control. In this article, we will explore why the attempted removal of a director may fail, and how the tender offer regime may apply. Key Issues at a Glance Shareholder groups may seek to convene meetings to propose changes to board composition or company authority. Such proposals can be delayed or complicated by regulatory requirements and the need for additional disclosures. Regulatory authorities and minority shareholders may raise concerns when major shareholders coordinate to influence board control, especially if such actions could trigger tender offer or merger control obligations. Companies often respond by seeking further information on shareholder relationships and potential conflicts before proceeding. Why the Director Removal Failed Under Section 76 of the Public Limited Companies Act B.E. 2535 (as amended), the early removal of a director requires two conditions to be satisfied at the same meeting of shareholders: Headcount test: At least 75% of shareholders attending and entitled to vote must vote in favor. If multiple shareholders appoint the same person as proxy, each proxy is counted as a separate head for the purpose of the headcount test,
October 29, 2025
On September 15, 2025, Thailand’s Senate approved a draft amendment to the Labor Protection Act (LPA), which is currently awaiting publication in the Government Gazette. The amendment, which will take effect 30 days after publication, extends labor protections to certain service contractors working for state entities, enhances maternity and spousal support leave, and updates employer reporting obligations. Expanded Protections for State-Contracted Service Providers The amendment adds a section to the LPA that extends core labor protections to individuals engaged by government bodies under service contracts. This provision covers workers hired by central, regional, and local government agencies; state enterprises governed by the State Enterprise Labor Relations Act; public organizations; and other state agencies when these entities retain individuals under service procurement contracts (or similar arrangements) and exercise supervision, direction, and control over their work. In such cases, the hiring agencies must provide terms no less favorable than those required under the LPA for remuneration, weekly holidays, traditional holidays, annual leave, sick leave, maternity leave, working days and hours, and rest periods. Ministerial regulations will establish specific criteria for implementation. Disputes regarding rights and duties under this provision will fall under Labor Court jurisdiction. This change aligns the treatment of controlled service contractors with that of regular employees, addressing a longstanding coverage gap in the public sector. Enhanced Maternity Leave and New Caregiving Provisions The amendment includes a maternity leave entitlement of up to 120 days per pregnancy (an increase from the previous 98 days), unless otherwise prescribed by royal decree, and also introduces a new postnatal caregiving leave for mothers in complex medical situations who have used their childbirth leave, granting up to 15 additional days to care for children who are at risk of complications, have abnormalities, or have disabilities. This supplemental leave requires support from a medical