On August 17, 2023, the Thai government rolled out a royal decree that provides certain exemptions to data controllers’ obligations under the Personal Data Protection Act B.E. 2562 (PDPA). The royal decree, which will come into effect after the lapse of 150 days from its publication in the Government Gazette, reflects the government’s ongoing quest to strike a balance between privacy, state interests, and the data protection regulatory burden on organizations. The royal decree seeks to clarify the circumstances in which data controllers—including business operators and state agencies—are exempt from certain PDPA requirements on the collection, use, and disclosure of personal data and data subject rights. In doing so, it establishes three foundational pillars in considering exemptions: Collection or requests for personal data are to be for the public interest pursuant to the purpose and scope prescribed by any law authorizing a state agency to carry out a certain action, without imposing an undue burden on the data controller responsible for disclosing the personal information. Data controllers can share personal data without the data subject’s consent if legally authorized state agencies request it and specify the statutory provisions granting authority to request the data. Data subjects and data controllers of requested personal data must have the right to submit complaints to the PDPA’s Expert Committee or seek its expertise for clarification or determination. Under the three foundational pillars, data controllers will be partially exempted from certain requirements under the PDPA when the following state agencies request personal data: The National Anti-Corruption Commission or other government entities with mandates aligned with anticorruption laws; The Revenue Department, Customs Department, Excise Department, or other governmental units operating under taxation laws; Local governmental bodies recognized by the Personal Data Protection Committee (PDPC), or any government unit with mandates as per the laws related to land and building taxation; The Secretariat of the

On September 1, 2023, Circular No. 06/2023/TT-NHNN (“Circular 06”) issued by the State Bank of Vietnam on June 28, 2023, will take effect. This circular introduces noteworthy amendments to the regulations concerning the offering of onshore loans to customers by credit institutions (including commercial banks and foreign bank branches). Introducing New Lending Restrictions but Loosening Refinancing Restrictions Circular 06 introduces several new categories of loans that credit institutions are not allowed to provide. These include loans for depositing money in accounts; loans for making or acquiring capital contributions or shares in other companies which have not yet been listed on the securities market or registered for trading on the UPCoM system; and loans for paying capital contributions under capital contribution contracts, investment cooperation contracts, or business cooperation contracts for implementation of investment projects that fail to satisfy conditions for being put into business operation. [However, Circular No. 10/2023/TT-NHNN, issued shortly before Circular 06 was to take effect (see related story here), suspended the restrictions on the latter two categories until further notice.] A new exception in Circular 06 allows credit institutions to offer loans for repaying foreign loans if the foreign loans were granted in the form of deferred payment for purchase of goods. Circular 06 also amends an exception of the previous regulations that new loans for repaying foreign loans or onshore loans from other credit institutions can be offered, as long as the term of the new loan does not exceed the remaining term of the original loan and the refinanced loan has not yet undergone any repayment rescheduling. This exception removes a requirement under the previous regulations that the original loan had to be made “for business purposes.” Further, Circular 06 introduces the term “financial reimbursement” (“cho vay bù đắp tài chính” in Vietnamese) whereby credit institutions offer loans to

Counterfeiting activities have been a global concern for many decades, and the problem has not yet gone away despite persistent efforts to suppress it. Significant strides have been made, but the most notable change is in the way that counterfeiters commit these infringing activities, which increasingly involve online technologies and channels. In Southeast Asia, the counterfeit industry is worth hundreds of billions of US dollars and is expected to grow even further. In tracking the size of the global trade in counterfeit goods, the Organization for Economic Co-operation and Development and the EUIPO have noted that many countries in Southeast Asia are important producers of—and have traded heavily in—counterfeit goods. These countries have also traded heavily in counterfeit goods, and advanced technology has enabled these countries to produce more sophisticated goods and sell them in more advanced ways. Consumer shift to online channels One reason for the proliferation of these activities is the demand for online shopping platforms, which increased markedly during the COVID-19 pandemic. Consumer behavior in Southeast Asia has shifted in the past decade due to the growth of online sales channels, such as e-commerce and social media platforms. The pandemic hastened the switch to such channels and many consumers have kept using them ever since. As merchants adapted to this trend, sellers of counterfeit goods also benefited greatly. Instead of having to be physically present in the marketplace, where they risked getting caught by the authorities, they can hide behind websites and sell counterfeit products from a stock of goods anywhere in the world. Counterfeit goods sellers have developed new ways to avoid detection and have improved their strategy for making their online profiles look more trustworthy and descriptions of their goods more convincing. This move to online channels requires consumers to be more knowledgeable and discerning in determining whether a

On August 16, 2023, Laos’ Prime Minister’s Office issued Notice No. 1502/PMO, which increases the minimum wage for all workers in Laos. This increase is a continuation of the stepped increases in the minimum wage that began in mid-2022. The recent notice increases the minimum monthly wage from LAK 1,300,000 (approx. USD 66) to LAK 1,600,000 (approx. USD 82), in accordance with an agreement reached in the government’s ordinary session in July 2023. The new minimum wage rate will take effect on October 1, 2023. This is the third minimum wage increase in Laos since June 2022. Two of the main factors responsible for this heightened frequency of minimum wage increases are the depreciation of the Lao kip against foreign currencies and inflation in the price of goods for daily consumption. These stepped increases also show the government’s proactive approach toward addressing the cost-of-living crisis in Laos and its effect on low-wage workers. For more details on the new minimum wage, or on any other labor and employment matters in Laos, please contact Dino Santaniello at [email protected] or +856 21 262 355.

On August 14, 2023, the Central Bank of Myanmar (CBM) approved the Thai baht (THB) as a permissible currency for international payments and settlement transactions. This announcement, which took immediate effect with the issuance of CBM Instruction No. 11/2023, reduces currency conversion complications for Thai businesses and investors in Myanmar. Under Myanmar’s current rules requiring conversion of foreign currency transfers and balances to local currency—in place since April 3, 2022—the US dollar (USD) is used for international payment and settlement transactions and must be converted at the official exchange rate (currently USD 1 to MMK 2,100). Subsequently, the CBM instituted a direct payment mechanism allowing THB to MMK conversion for Myanmar-Thailand border trade and other flows of capital. The CBM’s latest announcement now permits international payments and settlement transactions in THB through authorized dealer banks. Business owners and investors using THB for international payments are still required to obtain prior approval from the Foreign Exchange Supervisory Committee (FESC), the body overseeing foreign exchange and conversion matters in Myanmar. Capital-related transactions using THB also still require approval from the CBM before applying for approval from the FESC. For more details on these THB-MMK payment systems, or on any aspect of foreign exchange regulations in Myanmar, please contact Tilleke & Gibbins at [email protected].

Attorneys from Tilleke & Gibbins’ offices in Vietnam have provided the Vietnam chapter for the Aviation Finance & Leasing 2023 guide from Chambers and Partners. The guide covers the most important legal developments affecting aircraft lessors, lessees, and financiers in 32 jurisdictions worldwide. In addition to the Vietnam chapter, Tilleke & Gibbins also contributed the Thailand chapter for Aviation Finance & Leasing 2023. Each chapter provides in-depth details on the legal regimes affecting all aspects of aircraft sale and purchase, aircraft and engine leasing, and aircraft debt finance, including sale and lease agreement terms; taxation; lease registration and enforcement; lease assignment/novation; insurance and reinsurance; debt structuring; securities; liens; and many others that affect the day-to-day operations of leading players in the aviation industry. Chambers and Partners’ Global Practice Guides provide in-house counsel with expert legal commentary focusing on practical legal issues affecting business, enabling readers to compare legislation and relevant procedures across a range of key jurisdictions. The Vietnam chapter of Aviation Finance & Leasing 2023 is available as a PDF through the button below, courtesy of Chambers and Partners. The full guide is accessible for free on the Chambers and Partners website.

Aviation specialists from Tilleke & Gibbins’ Bangkok office have contributed the Thailand chapter for Aviation Finance & Leasing 2023 from Chambers and Partners. The guide covers the most important legal developments affecting aircraft lessors, lessees, and financiers in 32 jurisdictions worldwide. In addition to the Thailand chapter, Tilleke & Gibbins also provided the Vietnam chapter for Aviation Finance & Leasing 2023. Each chapter provides in-depth details on the legal regimes affecting all aspects of aircraft sale and purchase, aircraft and engine leasing, and aircraft debt finance, including sale and lease agreement terms; taxation; lease registration and enforcement; lease assignment/novation; insurance and reinsurance; debt structuring; securities; liens; and many others that affect the day-to-day operations of leading players in the aviation industry. Chambers and Partners’ Global Practice Guides provide in-house counsel with expert legal commentary focusing on practical legal issues affecting business, enabling readers to compare legislation and relevant procedures across a range of key jurisdictions. The Thailand chapter of Aviation Finance & Leasing 2023 is available as a PDF through the button below, courtesy of Chambers and Partners. The full guide is accessible for free on the Chambers and Partners website.

Cambodia imports a substantial amount of food products to meet its domestic demand. Most of these imported products are from nearby ASEAN countries, with Thailand, Malaysia, and Vietnam providing the bulk of these food imports. However, food products from markets further away are becoming more popular each year, including brands from Australia, Japan, China, the EU, South-Korea, and the US. Many food product owners and distributors do not realize that all types of prepackaged food products, including imports, require product registration before they are permitted to be sold in Cambodia. This usually requires an assessment against mandatory Cambodian Standards and local technical regulations. There are general Cambodian Standards that cover all types of prepackaged food products, as well as product-specific standards and regulations that may be applicable. Furthermore, any type of prepackaged food product sold in Cambodia must bear a Khmer language label that meets the minimum consumer information standards, and the Cambodian Standards. This label requirement is often overlooked, with many products on the market bearing only a foreign language label. Product Registration & Labeling Requirements Back in 2000, a Cambodian Standard on prepackaged food labeling was adopted, clearly mandating Khmer language labeling for all types of prepackaged foods. Unfortunately, this labeling standard was not widely adopted by the industry, and even today compliance is low. Low compliance, combined with a lack of widespread enforcement efforts, led to a misguided understanding that imported food products were not subject to any standards, did not require product registration, and were not required to bear Khmer language labeling. Recent legal developments related to consumer protection and food safety clarified several of these misunderstandings. For example, the regulations clearly state that all types of food product must meet the applicable standards and technical regulations, which is assessed through registration. The new Law on Food Safety clearly states Khmer