As the Covid-19 situation in Vietnam has not improved since the beginning of August 2021, the Intellectual Property Office of Vietnam (IP Office) has issued Notice No. 8181/TB-SHTT dated September 9, 2021 (Notice 8181), providing a further two-month extension for IP deadlines. The contents of Notice 8181 are similar to those found in notices issued in March 2020 and August 2021. One notable difference is the addition of the term “such as” (“như”  in Vietnamese) to the list of IP procedures eligible for the extension, implying that this is now an open list: All procedures related to the establishment of industrial property rights (such as priority claims, supplementation of documents, responses to the IP Office’s decisions/notifications, annuities, renewal of the validity of protection titles, payment of fees and charges, and filing of appeal petitions) falling due during the period from June 30, 2021, to the end of October 31, 2021, will automatically be extended to the end of November 30, 2021. For other cases, if an applicant is still affected by the Covid-19 epidemic with regard to the implementation of its rights and obligations in the procedures for establishing rights to industrial property objects at the IP Office, such applicant may request [the IP Office] to apply the clauses on objective obstacles and force majeure as set out in Points 9.4 and 9.5 of Circular No. 01/2007/TT-BKHCN, as amended and supplemented by Circular No. 16/2016/TT-BKHCN. It is our interpretation from Notice 8181 that procedures related to the establishment of industrial property rights that are not specifically listed in the notice, such as IP filings and substantive examination requests, will also benefit from the new extension. However, there has not been any official explanation from the IP Office.

Businesses in Vietnam recognize the need to vaccinate their workers in order to keep their factories and workplaces open. In this article, we explore whether employers may require their employees to be vaccinated, as well as associated disclosure and privacy issues under Vietnamese law.

With COVID-19 cases continuing to pose a significant threat throughout Thailand, many employers have ordered their employees to work exclusively from home in order to minimize their chances of contracting the virus. However, this luxury is not afforded to all employees—some are unable to work from home due to the nature of their work, and consequently they are placed in the precarious position of being exposed to possible infection. Thailand’s Social Security Office (SSO) understood these risks early in the pandemic and, in March 2020, issued guidelines through the Workmen’s Compensation Fund Office on employees’ entitlement to claim benefits from the workers’ compensation fund (WCF) if they contract the virus as a result of their work. The WCF provides medical-related assistance and compensation to employees who directly suffer from a work-related injury or sickness (subject to certain conditions). Falling ill with COVID-19 during the performance of work duties may constitute suffering work-related sickness, thereby allowing employees to claim compensation from the WCF by submitting the Kor Thor 16 form, a medical certificate, treatment records, records of the employee’s working hours, and other relevant documentation. Upon receiving a claim, the SSO will investigate by collecting facts and evidence from the employer, the infected employee and his or her colleagues, and any witnesses. The official will examine the employee’s duties and working conditions in detail, taking into consideration any relevant information, such as evidence regarding the employee’s travel or movements prior to falling sick. Once all the facts and evidence are gathered, the matter will be submitted to a medical subcommittee responsible for determining whether the employee’s onset of COVID-19 is due to his or her work. If the subcommittee finds that the employee’s contraction of the virus did indeed result from the performance of his or her work duties, the employee will be entitled to compensation in accordance with the Workmen’s Compensation Act (No. 2) B.E. 2561 (2018). An employee who needs treatment before this determination (i.e., while the workers’ compensation claim is pending) can first seek medical care under the Social Security Fund from the hospital at which he or she is registered. If the subcommittee subsequently rules that the COVID-19 case was in fact work-related, the employee will be able to claim compensation from the WCF. It can be challenging to collect the evidence necessary to determine the source of an employee’s infection—especially when the employee has also frequented non-work locations or lives with other family members who may have been exposed to the virus. Nevertheless, the ability to receive compensation from the WCF for work-related cases of COVID-19 helps to ensure that employees—especially those working on the front lines—have adequate protection against the financial impact of falling sick with COVID-19.

The financial year will now run from April 1 to March 31, from the 2022–2023 financial year onward, and October 2021 to March 2022 will be considered an interim budget period.

Thailand’s Ministry of Interior has issued new regulations requiring owners, occupants, and operators of certain types of buildings to obtain third-party life, body, and property liability insurance. The Ministerial Regulations Prescribing the Type or Category of Buildings Which Must Apply for Legal Liability Insurance B.E. 2564 (2021) were announced in the Government Gazette on September 6, 2021, and will come into effect on November 5, 2021. The new regulations, which repeal and replace similarly titled regulations from 2005, detail third-party liability insurance rules, procedures, conditions, and minimum insurance amounts for specific building types and activities. The new regulations clearly distinguish the building use phase from the construction, modification, relocation, and demolition phases. They also add a new requirement for the owner, occupant, or operator of large buildings to apply for third party liability insurance during the construction, modification, relocation, and demolition phases. Building Construction, Modification, Relocation, and Demolition When a permit for construction, modification, relocation, or demolition is granted for a building classified as a high-rise, large, or extra-large building, the owner, occupant, or operator who obtained the permit must apply for third-party liability insurance before work begins. If work is already in progress when the regulations come into effect, the permit holders will have 30 days to apply for third party liability insurance covering the remainder of the period specified in the permit. Building Usage Owners or occupiers of public assembly buildings, hotels with more than 80 rooms, entertainment venues of 200 square meters or more, and large freestanding or building-attached signboards and support structures must also apply for third party liability insurance covering accidents related to the condition or use of the structures. Owners or occupiers have 30 days from the completion of the construction, modification, relocation, or change of use of the buildings, as the case may be, to apply for third-party liability insurance. Owners or occupiers of existing structures must apply for the required coverage within 30 days from the effective date of the new regulations. Insurance Minimums The regulations set the following minimum coverage amounts for third-party liability insurance: Bodily injury or loss of life – THB 100,000 per person Medical expenses – THB 100,000 per person Property damage – THB 500,000 per incident Bodily injury/loss of life coverage and medical expense coverage must have a combined total of at least THB 5 million per incident. The policyholder must retain proof of insurance coverage (in hard copy or electronic format) and provide it to the relevant authorities on request. Failure to do so could result in imprisonment for up to three months, a fine of up to THB 60,000, or both—as well as a penalty of up to THB 10,000 per day until compliance is achieved. If a juristic person’s violation is caused by the order, action, or neglect of a director, manager, or person responsible for the juristic person’s operations, that person will also be liable to the above punishments.

With the wide availability of vaccines in Cambodia, some employers are considering whether to mandate workers to get vaccinated against the coronavirus, prompting the question: What are the legal risks and implications of such a mandate in Cambodia?

Multilaw has published its new Global Business Entities Guide, which collects expert advice from Multilaw’s member firms in more than 65 jurisdictions around the world. The guide provides answers to the key issues concerning international business operations, investments, and joint ventures. Each country section lists the main types of business vehicle that exist in the jurisdiction, and gives a detailed review of each business type through a standardized template that covers the following topics: General principles Incorporation, formation, or organization Registers Governance Ownership interests Costs and taxes Jurisdiction-specific matters Multilaw is a global network of carefully selected, independent law firms consisting of over 10,000 commercial lawyers in more than 100 countries, able to provide expert legal advice in complex environments around the globe. The full guide is available for free on the Multilaw website.

“Condominium” combines the Latin roots com (“together”) and dominium (“right of ownership or property”) into a word that literally means “shared property.” This shared ownership of property—which in the condominium’s case has come to mean a large building of residential units—has been enormously popular in Bangkok and other Thai cities, and regardless of the economic situation in Thailand, condominiums continue to be attractive to Thai people and foreign investors due to their favorable locations, pleasant common spaces, access to convenient methods of transportation, and reasonable prices. The land available for “low-rise” buildings—such as detached houses, townhouses, twin houses, or commercial constructions—is expected to become progressively scarcer in urban areas, with condominiums or “high-rise” residences eventually becoming the residence of choice. Despite its advantages, living in condominiums involves the coming together of the people owning or leasing the units, so various conflicts among the owners or with the condominium juristic person are bound to arise from time to time. As a continuation of a similar discussion of condominiums that we wrote a few years ago, this article aims to provide some clarity to these issues by identifying some key elements of the legal framework governing condominiums, considering some of the more common disputes that arise, and suggesting legally sound resolutions to those disputes. Legal basics The main law governing condominiums in Thailand is the Condominium Act B.E. 2522 (1979), which establishes the following key definitions: Condominium. A building in which the ownership is divided into multiple parts consisting of individual personal properties and jointly owned common property. Personal property. A condominium unit, including constructions and land provided to each unit owner. Personal property can be divided into two main types: a “unit,” which refers to the parts of the condominium that are divided to be owned by different persons; and a developed or undeveloped piece of land provided for each condominium owner, such as a space in the parking lot or a small plot of land for gardening. Common property. Land on which the condominium is situated and other land and property provided for use or common interest of the joint owners. Examples of common property in the Condominium Act include land, constructions, tools, and supplies for common use or common interest, and in practice these often include walkways and stairwells, grounds and gardens, amenities such as pools and fitness facilities, and other common areas of the property. In short, the parts of the condominium that are not units or personal property provided with units. The joint owners thus share ownership over these things as well. Common disputes Air-conditioner noise A noisy air-conditioner from a neighboring residence can be a serious issue as it can disturb the peace, quiet, and quality of life that condominium residents expect. If a condominium resident finds that the noise from a neighboring air-conditioning unit is severely intrusive, the first step is to notify the manager of the condominium juristic person so that the manager can inform the neighbor and request that they fix the problem. This is because one of the manager’s duties under section 36 of the Condominium Act is to keep order in the condominium. Attempting to fix the problem on one’s own, on the other hand, is not recommended because it may exacerbate the conflict. If the neighbor ignores the problem after having been notified, a second step may come into play. In this case, the affected resident has the legal right to file a civil lawsuit against the neighbor, on the grounds that neighbor committed a wrongful act, and requesting a court order requiring the neighbor to stop the noise or fix the air-conditioner. The affected resident may also claim damages if they have suffered monetary damage from the problem caused by the neighbor’s intentional act or negligence. In such a case, the claimed damages would have to be substantiated by evidence such as records of the disturbing noise, proof of medical treatment costs (if the affected resident suffers insomnia from the noisy air-conditioner, for example), or other documentation. Broken pipes Who should be liable when a pipe in the common area (common property) that runs through a unit (personal property) breaks because the plumbing is outdated? As described above, common property refers to land, constructions, tools, and supplies for common use or common interest—including systems for fire protection, lighting, ventilation, air conditioning, drainage, and wastewater treatment. The condominium juristic person is established to take care of, administer, and maintain this common property. When a pipe that runs through a unit leaks or breaks because of its old condition (where no one is at fault), to determine who should be responsible we must first determine whether the broken conduit is a central pipe (i.e., a pipe that enters the unit directly from the common property, or via other units). If it is, then the condominium juristic person would be liable. If it is not a central or major pipe that runs through multiple units, but is instead inside of only a single unit, the unit owner would be responsible. Parking lot issue Another problem that condominium residents often experience relates to parking lots, which are part of the common property. If a condominium does not have enough parking spaces in its parking lot for all residents, the “first come, first serve” principle would normally apply, which can lead to disputes if the number of parking spaces is low compared to the number of residents’ vehicles. Whether a buyer has his or her own parking space depends on whether the condominium developer or seller offered this when selling the condominium unit. If the condominium sale and purchase agreement states that the unit is being sold together with a fixed parking space, the parking space would become the owner’s personal property, and the owner then has the right to park there and prevent anyone else from doing so. This has been confirmed by the Supreme Court, and the condominium juristic person may not do anything to interfere with the buyer’s use of