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​ 

March 13, 2025
Vietnam’s Ministry of Finance has released a draft Decree on Tax Administration for E-Commerce and Digital Platforms (“Draft Decree”), introducing significant tax compliance obligations that could reshape how digital platforms, and individuals and business households conducting business through the platforms, manage their tax responsibilities. Aimed at strengthening tax enforcement, the Draft Decree requires e-commerce and digital platforms to actively track and withhold taxes from business households and individual sellers, and remit payments to tax authorities. While it has not yet been promulgated, the Draft Decree is expected to take effect on April 1, 2025, leaving platforms with a limited window to prepare for compliance. Who Is Affected by the New Tax Rules? The Draft Decree significantly broadens the tax administration scope beyond traditional e-commerce platforms to cover a wide range of digital economy participants. Specifically, the Draft Decree places direct tax-related responsibilities on two major categories (collectively, “Regulated Operators”): E-commerce and digital platforms with payment functions (e.g., platforms that process buyer payments via e-wallets, bank transfers, cards, or cash-on-delivery); and Other digital-economy players that enable e-commerce transactions, including (i) intermediary service platforms connecting service providers with consumers, (ii) digital content platforms, (iii) online advertising providers, (iv) cloud computing and data storage providers, (v) social media platforms engaged in business activities (e.g., live-stream, in-app transactions), (vi) online education, gaming, and digital entertainment platforms generating revenue from digital transactions, (vii) Vietnam-based partners of foreign digital service providers facilitating local payments for overseas platforms, and (viii) intermediary payment service providers handling financial transactions for e-commerce activities. Under the Draft Decree, Regulated Operators will be required to track, report, and enforce tax compliance for both resident and nonresident individuals and households conducting business through their platforms (“Sellers”). What New Tax Obligations Do Platforms Face? Onshore platforms For the first time, Regulated Operators will
March 13, 2025
The recent freeze on US foreign aid has led to the suspension of billions of dollars in foreign assistance as well as widespread layoffs at contracting organizations around the world. Under this situation, USAID-funded offices in all jurisdictions, including Cambodia, may face the challenge of determining whether they need to lay off their employees. Employers in Cambodia may take different steps in response to this and other instances of sudden financial stress in order to manage their workforce in accordance with Cambodian laws and regulations. Suspension Cambodia’s Labor Law allows employers to suspend employment contracts due to a major economic or material issue or any unexpected difficulty that results in the suspension of operations. To impose this employment contract suspension, the employer must initially submit a suspension request to the Ministry of Labor and Vocational Training (MLVT), detailing the reasons for the requested suspension. If the reasons are deemed valid and the request is approved, the suspension period cannot exceed two months. During the suspension period, the employer must continue providing accommodation for employees if this benefit is already being provided. In some circumstances, the suspension period can be extended if necessary (as happened during the COVID-19 pandemic). However, financial difficulties alone may not be a valid reason for extension. The decision is at the discretion of the MLVT labor inspectors on a case-by-case basis. Therefore, given the uncertain timeline of financial difficulties that may significantly impact the employer’s budget, suspending employment contracts might be ineffective. Mass Layoffs Under Cambodia’s Labor Law, mass layoffs due to a significant reduction in an establishment’s operation or an internal reorganization foreseen by the employer are permissible. The layoff order must be based on professional qualifications, seniority period, and family burdens of the employees. The first employees to be laid off must be
March 13, 2025
Licensing specialists at Tilleke & Gibbins in Bangkok have contributed the Thailand chapter to the newly issued Licensing 2025, a comprehensive guide from Lexology Panoramic to licensing in various jurisdictions around the world. The Thailand chapter covers the following topics: Laws and licensing arrangements: Unfair Contract Terms Act, Trade Competition Act, pre-contractual disclosure, registration of international licensing, implied obligations, Civil and Commercial Code, Trademark Act, Patent Act, Trade Secrets Act 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 Thailand chapter was authored by Alan Adcock, partner, and Kasama Sriwatanakul, counsel, both in the Thailand regulatory affairs team. The full Thailand chapter is available below as a PDF. Tilleke & Gibbins also contributed the Vietnam chapter to Licensing 2025. Readers can gain 30 days of complementary access to the full Licensing 2025 guide and the rest of Lexology Panoramic’s varied offerings through this link.
February 25, 2025
On February 4, 2025, Thailand’s Board of Investment (BOI) issued Announcement No. Por. 3/2568, introducing updated qualifications, criteria, and conditions for long-term resident (LTR) visas. The updated requirements took effect immediately upon issuance of the announcement. The LTR program is intended to stimulate the economy and attract high-potential foreign nationals to Thailand, and these latest updates aim to expand access to a wider range of experts, investors, and executives to reinforce Thailand’s foreign talent pool and enhance its competitiveness. The recent updates primarily affect three categories under the LTR visa program: work-from-Thailand professionals, wealthy global citizens, and high-skilled professionals, as detailed below. Work-from-Thailand Professionals The updated LTR visa program includes some changes to the eligibility criteria for visa applicants in the work-from-Thailand professionals category: The revenue requirement for visa applicants’ employers is now USD 50 million over a three-year period, down from USD 150 million previously. Eligible foreign employers now include wholly owned subsidiaries of: companies listed on any stock exchange in any country; or private companies that have been in operation for at least three years and have generated a combined revenue of at least USD 50 million over the past three years. There are no longer work experience requirements. The other requirements remain the same. Wealthy Global Citizens For the wealthy global citizens category, the latest updates remove the requirement to have an annual personal income of USD 80,000, while the other criteria remain. Highly Skilled Professionals For the highly skilled professionals category, the latest updates expand eligibility to include lecturers in vocational or higher education, and remove work experience requirements. Other categories The updated LTR visa program does not introduce any changes for the wealthy pensioners category. However, the announcement does expand the scope of eligible dependents of LTR visa holders to cover parents and a