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INSIGHTS

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We provide you with all of the latest legal developments in Southeast Asia, ensuring that you have the up-to-date knowledge you need to navigate the ever-changing legal landscape affecting your business. You can browse our entire library of publications below, and email [email protected] to sign up for updates that are relevant to your interests, delivered straight to your mailbox, as they emerge.

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April 21, 2025
2025年3月31日,柬埔寨劳工与职业培训部(MLVT)发布第009/25号通知,宣布延长2025年度外国雇员工作许可证及雇佣手册的续期申请期限。本次延期旨在为尚未完成工作许可证续期申请的外国雇员提供充足时间,以应对续期申请提交过程中出现的延误情况。 工作许可证及雇佣手册续期申请的新截止日期为2025年4月30日。所有申请及续期手续必须通过劳工与职业培训部(MLVT)设立的外国劳动力集中管理系统(Foreign Workforce Centralized Management System)在线办理,并须在上述截止日期前完成。 未在截止日期前完成外国雇员工作许可证及雇佣手册的续期申请,可能会导致雇主及外国雇员面临严重的罚款。 所有外国雇员应在延长后的截止日期前完成工作许可证及雇佣手册的续期申请,以确保在柬埔寨工作的合法有效性。
April 21, 2025
In response to the Thai stock index’s decline and market volatility, Thailand’s Department of Business Development is proposing an amendment to the country’s treasury stock rules to ease the requirements for both the implementation and the disposal of shares, as they see this as a timely opportunity to optimize the use of treasury stock as a tool to support share prices and prevent them from falling below their fundamental value. The rules governing treasury stock for public companies are set out in the Public Limited Companies Act B.E. 2535 (1992) (PLCA), its accompanying ministerial regulation, and the relevant rules issued by the Stock Exchange of Thailand (SET). The law permits share repurchases in two circumstances: (1) to buy back shares from dissenting shareholders following an amendment to the articles of association affecting voting or dividend rights, and (2) for financial management purposes when the company has retained earnings and excess liquidity—this second scenario is more common in the market. To satisfy the excess liquidity requirement, the company must primarily demonstrate the ability to meet its debt obligations within six months, have sufficient retained earnings, and ensure that the treasury stock implementation does not breach the SET’s free-float requirement. The SET rules prescribe that the repurchase price must not exceed 115% of the five-day average closing price at the time of repurchase, and the disposal price must not be lower than 85% of this average closing price at the time of disposal. As for the timing, treasury shares must be held for at least three months and sold within three years; otherwise, the company must proceed with a capital reduction. There is also a six-month waiting period following the finishing or canceling of a previous share buyback before a company can start a new one. The proposed amendment will ease these timings as
April 18, 2025
On April 12, 2025, Thailand published an amendment to the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes in the Government Gazette, with the regulation taking effect the following day. Drafts of the amendment had been shared in recent months, and the final amendment of the decree contains some additional key revisions, such as narrowing the business operators subject to the decree’s requirements, reducing operators’ obligations, and establishing collaboration between relevant stakeholders to tackle technology crime. These key revisions to the amendment are detailed below. Business operators subject to the decree: The business operators covered under the decree now include only payment service providers under the Payment System Act and digital asset operators under the Royal Decree on Digital Asset Businesses. Digital platform services under the Royal Decree on Digital Platform Service Businesses That Are Subject to Prior Notification are no longer within the scope of the decree. Definition of technology crime: The final version of the amendment removed the expanded definition of technology crime that had been included in a previous draft, leaving the decree’s existing definition unchanged. Telecommunications provider obligations: Mobile and telecommunications service providers now have an obligation to monitor and screen for content that may be related to technology crime and suspend SIM cards when instructed to do so by the National Broadcasting and Telecommunications Commission (NBTC). Transaction and account suspension: The amendment removes the decree’s complex transaction suspension procedures and leaves room for business-specific regulators (e.g., Bank of Thailand, Securities and Exchange Commission, NBTC) to impose various technology crime suspension requirements on business operators under their supervision. The newly established Center for Prevention and Suppression of Technology Crimes can also notify financial institutions and business operators of names or digital asset wallet addresses that may be related to technology crime, triggering an obligation to suspend the
April 18, 2025
On March 31, 2025, Cambodia’s Ministry of Labour and Vocational Training (MLVT) issued Notification 009/25, which grants an extension for the renewal of foreign workers’ work permits and employment books in 2025. This extension is to ensure that those who have not yet applied for the renewal of their work permits are provided with sufficient time to complete the application process, as there have been delays in the submission of work permit extension requests. The new deadline for the submission of renewal applications for work permits and employment books is April 30, 2025. Applications and renewals must be processed via the MLVT’s online Foreign Workforce Centralized Management System before the specified deadline. Failure to extend the validity of work permits and employment books for foreign workers before the deadline may result in significant monetary penalties for both employers and foreign nationals. All foreign workers should renew their work permits and employment books within the extended deadline to ensure continued validity for working in Cambodia.
April 18, 2025
On April 12, 2025, Thailand issued an amended digital asset regulation that covers offshore digital asset businesses providing services on a cross-border basis to Thai users. These businesses will now be subject to the licensing requirements of the Royal Decree on Digital Asset Business Operations B.E. 2561 (2018), which is supervised by Thailand’s Securities and Exchange Commission (SEC). A digital asset business will be deemed as providing services in Thailand—and therefore subject to requirements under the Royal Decree on Digital Asset Business Operations—if the business does any of the following: Displays content in Thai, either fully or partially; Is registered under a “.th,” or “.ไทย” domain, contains any name relating to Thailand, or uses a domain written in Thai characters; Allows or requires payments in Thai baht (THB) or receives payments through Thai bank accounts or e-wallets; Chooses Thai law to govern transactions or Thai courts to litigate any dispute; Pays online search engines to attract users in Thailand to its services; Has an office, establishment, or personnel in Thailand to support or assist users within the country; or Meets any other criteria specified by the SEC. To operate legally in Thailand, offshore operators meeting any of the above criteria will be required to incorporate a local company in Thailand in order to apply for a digital asset business license with the SEC.
April 16, 2025
The recent earthquake in Myanmar on March 28, 2025, that also significantly affected parts of northern Thailand and Bangkok has raised concerns about building safety and structural resilience in Thailand. This event has reminded building owners and possessors in Thailand of the necessity of understanding earthquake-resistant building standards, their legal obligations regarding structural inspections, and compliance requirements under Thai law. Under Thai law, building owners and possessors have specific responsibilities regarding the structural integrity of their properties, particularly in areas prone to seismic activity. This article lays out the key legal requirements and outlines the potential penalties for noncompliance. Structural Design and Earthquake Resistance Requirements With respect to standards regarding earthquake resistance, Thailand’s Ministry of Interior has issued the Ministerial Regulation on Load Bearing, Durability, and Resistance of Buildings and Soil Foundations to Earthquake Forces B.E. 2564 (2021), replacing a previous ministerial regulation from 2007. The current ministerial regulation prescribes certain types of buildings in 43 designated provinces to comply with seismic design standards. These 43 provinces can be categorized into three main zones: Zone 1: Areas requiring monitoring due to the potential for impact on the structural integrity and stability of buildings when exposed to seismic waves, consisting of 14 provinces (e.g., Krabi, Surat Thani, Prachuap Khiri Khan, etc.). Zone 2: Areas where there may be moderate impact on the structural integrity and stability of buildings when exposed to seismic waves, consisting of 17 provinces (e.g., Bangkok, Nonthaburi, etc.) Zone 3: Areas where there may be significant impact on the structural integrity and stability of buildings when exposed to seismic waves, consisting of 12 provinces (e.g., Chiang Mai, Chiang Rai, Kanchanaburi, etc.) For buildings located in these categorized zones, the geometric configuration of the building structure must be designed to ensure stability in resisting seismic waves. Additionally, structural components and joint areas between different structural
April 11, 2025
Vietnam’s draft Personal Data Protection Law (PDPL) continues to evolve, with significant implications for businesses operating in the region. The latest draft, released to the public in March 2025, contains several noteworthy changes from the previous draft that businesses with operations in Vietnam should be aware of when developing their data protection strategies and compliance frameworks. The draft PDPL will be submitted to the vote of the National Assembly in May 2025 with a tentative entry into force on January 1, 2026. Key Changes in the Latest Draft PDPL 1. Redefined Categories of Personal Data The draft PDPL has made important revisions to personal data classifications: Basic personal data: An individual’s image is no longer classified as basic personal data. Sensitive personal data: Bank account information has been removed from this classification (and is now considered basic personal data), but two new categories have been added: (i) salary, allowances, and other income sources, and (ii) information on land users and information on land containing such information. Organizations should review their data classification schemes and update protection measures accordingly, particularly for salary and compensation information. 2. Data Encryption Requirements The draft PDPL explicitly states that encrypted data remains classified as personal data. Additionally, it mandates that sensitive personal data must be encrypted when stored, transmitted, received, or shared in cyberspace. Organizations and individuals can freely opt for one or more encryption solutions and encryption/decryption processes suitable for their personal data management and administration activities. 3. Biometric Data Processing The latest draft PDPL adds new protection requirements for biometric data. Organizations processing biometric data (such as fingerprints) must: Implement physical security measures for devices storing and transmitting biometric data. Use strong encryption methods during transmission and storage. Restrict access to biometric data. Have early-detection monitoring systems to detect violations of biometric data protection regulations. Comply with relevant legal and international standards. 4. Grace Period for Compliance The draft
April 10, 2025
After making revisions to the initial draft notification released in November 2024, Thailand’s Electronic Transactions Development Agency (ETDA) has released an updated draft Notification on Additional Obligations for Digital Platform Service Operators of Online Marketplaces for Goods with Specific Characteristics under Section 18(2) of the Royal Decree on the Operation of Digital Platform Service Businesses Subject to Prior Notification B.E. 2565 (2022) B.E. … . A focus group session was also held to gather feedback from business operators. Below is a summary of key provisions in the new draft. Unchanged Items Some key concerns that remain unchanged from the previous version of the draft notification include the following: Offshore business operators running online marketplaces that act as intermediaries for the sale or exchange of goods and provide facility services for the sale of goods (referred to as “specific marketplace operators” in the draft) are required to establish a local entity in Thailand. However, the criteria for determining which operators are specific marketplace operators are still under discussion due to feedback from business operators. Specific marketplace operators must submit a compliance report to the ETDA along with their annual report each year. Specific marketplace operators must verify that “business users” (e.g., merchants) provide complete details about goods in accordance with product standardization requirements. Removed Obligations The updated draft notification has removed specific marketplace operators’ obligations to: Conduct Identity Assurance Level 2 (IAL2) verification of business users before onboarding them on their platforms. Submit a registry of business users’ information to the ETDA. Retain business users’ information for a specified retention period. Implement measures to filter reviews of products subject to specific standards. Revisions Key revisions made to the draft notification include the following: The effective date has been extended to 120 days after the notification’s publication in the Government Gazette, up from 60 days in the previous draft. The term “products subject to specific standards” now