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Energy

Energy

Key Contacts

Cambodia

Indonesia

Laos

Myanmar

Thailand

Vietnam

OVERVIEW

Powering Southeast Asia.

Tilleke & Gibbins’ regional energy team advises domestic and international clients in the oil and gas, power, and renewable energy sectors on all phases of major investments in Southeast Asia, including deal structuring, project financing, project development and construction, and operation.

We support the activities of domestic and international energy producers in onshore and offshore oil and gas exploration and related upstream and downstream operations, along with affiliated petrochemical and transportation operations. In the clean energy and renewables sector, we represent leading and exciting new companies in solar and wind energy, as well as important biomass and hydroelectric projects across the region. We also have extensive experience advising on cross-border energy transmission and energy storage projects across the region from start to finish.

We offer unparalleled advice on a full range of energy matters, including concession agreements, EPC contracts, environmental compliance, financing transactions, O&M agreements, production sharing agreements, supply agreements, public-private partnerships, and tax.

Experience

  • Represented a multinational supplier to the petroleum industry in the establishment of their Thailand operations. In establishing their base of operations in Southeast Asia, we developed a flexible approach to provide for continued growth of the business in the region, and to minimize tax exposure for the company.
  • Advised one of the largest biogas EPC contractors in Thailand on its fuel projects. The client develops, designs, finances, implements, and operates biogas projects, and we act as counsel on the full range of legal matters.
  • Assisted a Malaysian company in the oil and gas sector in an arbitration case before the Vietnam International Arbitration Centre (VIAC) in Ho Chi Minh City related to performance of contract in a well plugging and abandonment project.
  • Assisted a construction company specializing in wind and photovoltaic power stations to set up their operations in Thailand. Our team advised on BOI approval, including forms of legal entities for the project; relevant tax benefits and ramifications; import duties; customs; employment; licenses for construction and property ownership; government policy; availability of financial facilities; and competition.
  • Advised an engineering, construction, and petrochemical company in its pursuit of a renewable energy opportunity in Thailand. We assisted with land acquisition, contracting, permitting, environmental regulatory matters, financing, and construction contracting.
  • Advised a subsidiary of a major Chinese state-owned energy company on an engineering, procurement, construction, and commissioning (EPCC) contract for an oil and gas pipeline compressor project valued at about THB 6.5 billion (about USD 198 million) in Thailand with one of Thailand’s largest oil and gas companies.
  • Assisted multinational oil and gas traders with assessing exposure to environmental regulations.
  • Advised a global supplier in the heavy industries sector on various matters relating to the supply and installation of a production platform, bridges, and a flare tower in development of a petroleum concession, with a focus on tax matters (total contract price was approximately USD 1 billion).
  • Advised a fully integrated oil and gas conglomerate on various tax matters, arising from the sale and distribution of petroleum products in Thailand, with a focus on tax and corporate restructuring.
  • Assisted a major U.S. oil company in obtaining a license for a 100% foreign-owned enterprise in LPG production in Vietnam.
  • Assisted a major U.S. oil company in negotiations and contracts for a four-party joint venture oil refinery in Vietnam.
  • Represented a major Japanese oil and gas/energy and infrastructure company in joint venture negotiations and licensing of a Liquefied Petroleum Gas (LPG) storage facility project in Vietnam.
  • Advised a fully integrated oil and gas conglomerate on advertising and marketing activities in Vietnam.
  • Represented a module builder in Project Zawtika, a natural gas extraction project off the coast of Myanmar (Burma), in its construction of processing platforms and living quarters. These modules were built at a Thai shipyard and are now in use in the field.
  • Assisted the Thai subsidiary of a leading Japanese energy equipment manufacturer in formulating standard form contracts for the client’s rooftop engineering, procurement, and construction installation business in Thailand. Our firm assisted the client in preparing agreements for solar rooftop projects, sales and supply agreements, purchase agreements, and commissioning agreements.

PROFESSIONALS

RELATED INSIGHTS

February 11, 2025
On January 24, 2025, the prime minister of Vietnam issued Decision No. 232/QD-TTg, approving the proposal for establishment and development of a carbon market in Vietnam. The decision establishes a compliance mechanism for greenhouse gas (GHG) emitters and creates opportunities for investors interested in carbon trading in Vietnam. Market Development Roadmap Decision 232 establishes a phased approach to developing Vietnam’s carbon market, with the following ambitious milestones: Before June 2025 (preparation period): The legal framework for trading of emissions quotas and carbon credits and a carbon-credit offset exchange mechanism will be developed, along with the necessary infrastructure for organization and operation of the carbon-credit market. From June 2025 to the end of December 2028 (pilot period): A pilot domestic carbon exchange will be launched, with continued legal refinements. From 2029 (official launch period): The carbon market will be fully operational. Carbon Market Structure and Trading Mechanisms Vietnam’s carbon market will function as a centralized, government-regulated exchange, trading two main assets: GHG emissions quotas (allowances) allocated to regulated emitters, which can be traded or auctioned; and Carbon credits generated from domestic and international projects that are certified for trading. The carbon credits generated from international projects include those originating from international exchange or offset-crediting mechanisms such as the Clean Development Mechanism (CDM), the Joint Credit Mechanism (JCM), and Article 6 of the Paris Agreement. The National Registration System for GHG emissions quotas and carbon credits will be primarily developed and operated by the Ministry of Natural Resources and Environment. Transactions of GHG emissions quotas and carbon credits will occur on the domestic carbon exchange, managed by the Hanoi Stock Exchange, and will follow a centralized process where verified quotas and credits receive unique domestic codes for trading and participants must have depository accounts. The Vietnam Securities Depository and Clearing Corporation
January 27, 2025
Thailand’s Ministry of Energy (MOE) has announced the launch of the 25th bidding round for petroleum exploration and production. This round offers nine greenfield onshore blocks—seven in northeastern Thailand and two in central Thailand—encompassing over 33,000 km². The bids can be submitted from July 1 to July 16, 2025. The sizes and locations of these blocks are: Northeast Thailand Block L1/66: 3,223.51 km² (Khon Kaen, Nong Bua Lam Phu, Udon Thani) Block L2/66: 3,917.03 km² (Kalasin, Sakon Nakhon, Udon Thani) Block L3/66: 3,918.22 km² (Kalasin, Khon Kaen, Maha Sarakham, Udon Thani) Block L4/66: 3,656.65 km² (Amnat Charoen, Mukdahan, Nakhon Phanom, Yasothon) Block L5/66: 3,436.01 km² (Chaiyaphum, Khon Kaen, Nakhon Ratchasima) Block L7/66: 3,438.51 km² (Buri Ram, Maha Sarakham, Nakhon Ratchasima, Roi Et, Surin, Khon Kaen) Block L9/66: 3,885.44 km² (Nakhon Ratchasima) Central Thailand Block L6/66: 3,966.86 km² (Chaiyaphum, Lop Buri, Phetchabun) Block L8/66: 3,957.41 km² (Kanchanaburi, Nakhon Pathom, Ratchaburi, Suphan Buri) Bidding Process Interested companies must submit their bids to the Department of Mineral Fuels (DMF) between July 1 and July 16, 2025. Bids should include: Application form (ChorThor/Por1) Proof of eligibility: Corporate documentation, audited financial statements, and proof of resources Technical and commercial proposals: Exploration plans, geological surveys, financial and work commitments, and special benefits such as signing bonuses of at least USD 100,000. There is a nonrefundable THB 50,000 application fee per block, and applicants must provide a bid bond of THB 3 million per block via an unconditional bank guarantee from a commercial bank with branches in Thailand, valid for at least one year from the bidding submission date. The guarantee will be returned to unsuccessful bidders upon request and to successful bidders upon the signing of the concession agreement. Eligibility Bidders must meet the following main eligibility criteria: Bidders must be limited companies with the following qualifications: The company must have the objective of
January 23, 2025
In 2023, compliance inspections by Vietnam’s Government Inspectorate identified several violations of policies and laws in the management and implementation of planning and investment in renewable energy projects. Since then, many renewable energy enterprises and projects have encountered significant operational challenges. In December 2024, the Ministry of Industry and Trade (MOIT) issued two reports, Report 321/BC-BCT and Report 345/BC-BCT, to implement the 2023 Inspection Conclusion of the Government Inspectorate and address obstacles faced by renewable energy enterprises, Investors in renewable energy projects in Vietnam should carefully consider the potential impacts of proposed solutions in these reports. The reports re-emphasize the types of violations related to renewable energy projects identified in the Inspection Conclusion, with a significant expansion in the number of affected projects. Key violations include: (i) misapplication of FIT (feed-in tariff) incentives; (ii) recognition of COD (commercial operation date) and receipt of FIT prices without written approval of construction acceptance; (iii) overlap with mineral planning, irrigation planning, national defense land use, or other restricted land uses; (iv) incomplete land procedures and documentation; and (v) installation of rooftop solar on agricultural and forestry land used for farming and aquaculture models. Further, these reports mention the government’s solutions to resolve difficulties for renewable energy projects, which include: Allowing additional planning where projects do not violate national security. Allowing rectification of projects’ violations in land and construction process as per law. For projects violating planning on minerals, irrigation, or defense, socio-economic efficiency will be assessed for adjustments or integration. Adjusting electricity prices and recovering incorrect FIT prices for projects not meeting conditions. Requiring rooftop solar projects on non-farming land to comply with regulations or, if land violations occur, FIT prices will be revoked, and electricity prices must be redetermined and recovered. For items (iv) and (v), the authority will issue regulations
January 14, 2025
Thailand’s Department of Industrial Works (DIW) has issued a new regulation (Ministerial Regulation Re: Designation of Type, Kind, and Size of Factories (No. 3) B.E. 2567 (2024)), which removes the factory license requirement for electricity generation from solar energy installations on rooftops, roof decks, or any part of a building used for residential or other purposes, regardless of capacity. The new rules took effect on December 28, 2024. Under the previous regulations, solar rooftop installations had to seek approval from the DIW if their capacity exceeded 1,000 kW (1 MW), which added time and administrative costs when adopting renewable energy solutions. Benefits and Further Compliance The updated regulation benefits industrial operators by facilitating faster installation times and lower costs, as solar rooftops can now be installed without the need for prior approval of a factory license from the DIW. Operators can now more easily contribute to environmental sustainability and carbon reduction efforts. Despite the lifting of the factory licensing requirement, other compliance obligations, such as an energy business license (or exemption from an energy business license), a controlled energy production license, and a construction permit, may still apply. Reason for the Change Removing the classification of rooftop or building-installed solar power plants as factories aligns with Thailand’s renewable energy goals and reduces regulatory burdens for industrial operators. Additionally, it supports the achievement of energy policies aligned with the UN’s Sustainable Development Goals and Thailand’s international commitments to reduce greenhouse gas emissions through the participation of all sectors. For further details on how this change affects business operations or to explore strategies for renewable energy implementation, please contact Supasit Boonsanong at [email protected], Charuwan Charoonchitsathian at [email protected], or Phareeya Yongpanich at [email protected].
AWARDS & RANKINGS
July 21, 2025
Tilleke & Gibbins has been nominated for Southeast Asian Firm of the Year at Law.com’s Asia Legal Awards 2025. This nomination follows the firm’s win last year and reflects the team’s ongoing commitment to delivering exceptional legal services across the region. The winner will be announced at the in-person awards ceremony in Singapore on September 10, 2025. For more information on the Asia Legal Awards 2025, and to browse the full list of nominees in all categories, please visit the Law.com International website.
May 13, 2025
Tilleke & Gibbins has been recognized in the In-House Community (IHC) Firms of the Year 2024, earning accolades across 19 categories in Thailand and Vietnam. The results, based on surveys of in-house counsel across Asia, reflect client perspectives on the quality and responsiveness of legal services in key practice areas. The firm received 11 Firm of the Year awards and two honorable mentions in Thailand, along with six Firm of the Year awards in Vietnam. Notably, Tilleke & Gibbins was named “Most Responsive International Law Firm” in both jurisdictions—an acknowledgment that underscores the firm’s longstanding commitment to client service. Firm of the Year – Thailand Most Responsive International Law Firm Antitrust/Competition Banking and Finance Employment Energy and Projects Intellectual Property International Arbitration Litigation and Dispute Resolution Real Estate and Construction Taxation Technology, Media, and Telecommunications Honorable Mention: Capital Markets Honorable Mention: Corporate and M&A Firm of the Year – Vietnam Most Responsive International Law Firm Employment Intellectual Property International Arbitration Litigation and Dispute Resolution Technology, Media, and Telecommunications The IHC Firms of the Year rankings are determined through responses from thousands of in-house counsel and corporate decision-makers in Asia and the Middle East. Tilleke & Gibbins is honored to receive this recognition from the clients and peers it serves across the region.
April 18, 2025
Asian Legal Business has released its 2025 “Employer of Choice” rankings, and Tilleke & Gibbins has once again secured top honors as a premier employer in the legal sector in both Thailand and Vietnam. This marks the 13th consecutive year that the firm has been recognized as Employer of Choice in Thailand and the 11th time in Vietnam.
April 1, 2025
Tilleke & Gibbins has been recognized in 10 categories at the 2025 Thailand Law Firm Awards from Asia Business Law Journal (ABLJ). These awards celebrate the country’s top law firms across key practice areas, as well as a separate category for the best overall firms. This year, Tilleke & Gibbins was named a leader in: Best Overall Law Firms Aviation Competition & Antitrust Data Compliance & Cybersecurity ESG (Environmental, Social, and Governance) Healthcare & Life Sciences IP Prosecution Private Equity & Venture Capital Shipping & Maritime Technology, Media & Telecoms The awards were determined by ABLJ’s research team, which evaluates law firms based on their recent work, client feedback, and standing in the market. ABLJ is a legal publication in Asia, providing in-depth coverage of legal and business developments across the region. Its annual Thailand Law Firm Awards highlight excellence in legal practice and industry leadership. For more details and the full list of winners, please visit the Asia Business Law Journal website.