Thailand has issued a Royal Decree on the Supervision of Regulated Digital Identification Authentication and Verification Service Businesses B.E. 2565 (2022) (the “Royal Decree”), aimed at regulating business operators that provide digital identification authentication and verification services (“Digital ID Services”). The Royal Decree was published in the Government Gazette in December 2022, and will take effect 180 days from the publication date, i.e., on June 21, 2023. The key details and requirements of the Royal Decree are as follows: Regulated Digital ID Services Under the Royal Decree, the provision of the following Digital ID Services requires prior approval from the Electronic Transaction Development Agency: Identity verification service – Services for collecting and identifying information relating to the identity of a person, and verifying the connections between the person and the identity. Authenticator issuance and management service – Services relating to the connection between a person who has passed the identification process with an authenticator, and managing actions which are used to identify a person. Authentication service – A process to authenticate a person by inspecting his/her authenticator. Digital ID networks/systems – Provision of networks or systems used to exchange information for digital identification purposes, excluding services provided by an intermediary. Exempted Digital ID Services The Royal Decree also specifies a list of Digital ID Services that are exempted from supervision under the Royal Decree, as follows: Issuance of certificates to support the use of electronic signatures in accordance with the Electronic Transaction Act. Digital ID Services conducted for use within the operator’s own business only, and which do not involve the provision of such services to third parties. Other Digital ID Services as prescribed by the Electronic Transaction Committee. Qualifications of Business Operators The types of business operators qualified to operate Digital ID Services include (i) private limited companies;

On February 10, 2023, the government of Vietnam issued Decree No. 03/2023/ND-CP regulating the functions, rights and duties, and organizational structure of the National Competition Commission (“Decree 03”). The National Competition Commission (official English name Vietnam Competition Commission or VCC) was first mentioned in the updated Law on Competition of 2018 and is meant to be the leading authority responsible for the state management of competition matters in Vietnam. However, nearly five years later, no penalty decisions for competition violations under the Law on Competition 2018 have been issued, due to a lack of regulations on the functions of the VCC. Thus, the issuance of Decree 03 is an important milestone and is expected to increase the authorities’ enforcement against competition-related violations in Vietnam. The VCC is an agency under the Ministry of Industry and Trade (MOIT) and consolidates the previous Vietnam Competition Council and Vietnam Competition Authority. The VCC is mainly responsible for: (1) carrying out competition proceedings, (2) controlling economic concentration, (3) deciding on exemptions from prohibited anti-competitive agreements, (4) handling appeals of decisions on settlement of competition cases; (5) advising and assisting the MOIT in performing the state management of competition, protecting consumers’ interests, and managing multi-level marketing activities; and (6) other responsibilities as may be assigned by the MOIT. For each case of alleged anti-competition, the chair of the VCC will establish a Council for Handling Anti-Competitive Case, which will dissolve itself upon the fulfillment of its responsibilities. The VCC is made up of 15 members, including the chair and one or more vice chairs, and will also include the following departments: Competition investigation agency; Secretariat of Councils for Handling Anti-Competitive Cases; Competition Supervision Board; and Units perform the function of state management of competition, protection of consumers’ interests, and management of multi-level marketing activities.

Thailand has a robust legal framework for competition, with laws and regulations in place to prevent anticompetitive conduct and market concentration and to promote fair competition. However, as the business environment in the country continues to evolve, it is important for companies operating in Thailand to stay informed about the latest developments in competition laws and regulations. Generally, Thailand’s competition regime is based on the Trade Competition Act B.E. 2560 (2017) (the TCA) and its implementing regulations, except for certain industries which are governed by sector-specific competition regulations. The TCA is designed to promote free and fair competition by suppressing anticompetitive behaviors. In this article, we will examine what businesses can expect in the coming year, and what they need to be aware of in order to stay compliant. A Maturing Regulatory Structure The Trade Competition Commission of Thailand (TCCT) is the agency responsible for enforcing competition laws and regulations in Thailand. The TCCT has the authority to oversee the market structure, act to maintain competitiveness in various industries, investigate misconduct, and take action against companies that engage in anticompetitive practices, such as abuse of market dominance, cartels, and unfair trade practices. It also has discretionary power to consider applications for a merger of two or more businesses that may cause monopoly or market dominance. While the TCA and the TCCT had limited success in the decades after the original TCA’s enactment in 1999, a new TCA in 2017 made several significant changes to the previous version of the law. The 2017 TCA guarantees the independence of the TCCT from political and business interventions. It also introduces administrative penalties for less-serious offenses, including non-hardcore cartels, unfair trade practices, and neglect of merger filing duties. Since then, the TCCT has been more active in its issuance of subordinate regulations to

Phuong Thi Minh Tran, an associate in Tilleke & Gibbins’ office Ho Chi Minh City, contributed the Vietnam chapter of Foreign Investment Review 2023, a recently published global guide to the legal and regulatory environment for foreign investment in 29 jurisdictions worldwide. Published and distributed by Getting the Deal Through (GTDT), the guide discusses law and policy on oversight of foreign investment, regulatory frameworks, procedural requirements, and other important stipulations for foreign investors. The Vietnam chapter covers the following topics: Law and Policy: Government policies and practices, main laws and their scope of application (including details on investment promotional measures), definitions, rules for state-owned enterprises and sovereign wealth funds, relevant authorities and oversight, and national interest provisions. Procedure: Jurisdictional thresholds, national interest clearance, securing approval, the review process for competition clearance and associated penalties, involvement of authorities, facilitation of clearance, and post-closing regulatory powers. Substantive assessment: Substantive tests for clearance, authorities’ consultation with other countries and other relevant parties, transactional prohibitions and objections, mitigating arrangements and challenges to a decision, and protection of confidential information. Recent cases, updates, and trends: Relevant recent case law, key recent and ongoing developments. A PDF of the Vietnam chapter can be accessed through the button below. Tilleke & Gibbins also contributed the Cambodia, Laos, and Myanmar chapters to Foreign Investment Review 2023. To browse all 29 jurisdictions covered by the guide, please visit the Getting the Deal Through website.