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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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March 12, 2025
越南的政治体制目前正经历重大重组,以优化政府运作并提升行政效率。为此,《141/KH-BCDTKNQ18号计划》于2024年12月6日发布,明确了对现有部委、部级机构及政府直属机构的重组指导方针。根据该计划,政府部委数量将通过合并和整合由18个减少至14个,并新增民族与宗教事务部。与此同时,部级机构将减少至3个,政府直属机构缩减至5个。此外,类似的精简措施也正在省级政府层面实施,以进一步提高行政管理效率。 新整合的国家机构将全面继承被合并机构的所有职能、权利和责任,并继续处理原机构负责的所有未决事项。以下是部分具体变更示例: 科学与技术部(MOST)将接管电信、信息技术应用、网络安全、电子交易及国家数字化转型等领域的管理职能,这些职能此前由信息与通信部(MIC)负责。此外,MOST还将负责与上述领域相关的许可审批,例如G1类在线游戏服务许可证及电信服务许可证的发放。与此同时,文化、体育与旅游部将接管新闻管理职能,该职能此前由MIC负责。 财政部将接管投资管理的国家管理职能,该职能此前由计划与投资部负责。此外,各省财政厅将负责签发投资注册证书(Investment Registration Certificates,IRC)和企业注册证书(Enterprise Registration Certificates,ERC),该职责此前由各省计划与投资厅承担。 内政部将负责劳动和就业事务。此外,各省内政厅将被授权签发工作许可证,并成为企业内部劳动规章注册的指定主管机关。 《第35/CV-BCDTKNQ18号公函》(2025年1月23日发布)要求所有部委在2025年2月5日前提交各自的职能、职责、权利及内部组织架构的法令草案,以供政府其他成员审议。经修订后的最终法令草案须在2025年2月10日前提交政府批准并颁布。这些法令草案将在国民议会正式通过新政府组织架构后立即生效。 对企业的利好影响 本次重组旨在简化法规并加快许可审批流程。通过减少政府机构数量并精简其职能,企业预计将面临更少的行政障碍,并能更快速地办理各类许可证、执照及审批事项。这一改革将有助于优化营商环境,提高企业运营效率,并增强投资者对越南市场的信心。 此外,政府正通过提高薪资、津贴及福利等措施(详见第179/2024/ND-CP号法令)来吸引并留住高素质人才,以提升公共部门的专业化水平和工作效率。预计这一举措将促使政府机构在政策执行和行政审批过程中做出更加专业、精准和高效的决策,从而进一步优化企业的营商环境并提高政策透明度和可预测性。 随着政府机构架构的精简,企业在办理相关事务时将减少与多个政府机构打交道的需求,从而节省大量时间和资源。这一变革预计将大幅降低企业的行政负担,使其能够将更多资源投入到核心业务,如产品研发、服务创新和市场拓展,从而提升竞争力并促进业务增长。 潜在挑战 尽管本次政府重组旨在提升行政效率、优化监管体系,并为企业带来长期利好,但在过渡期内,企业可能会面临以下短期挑战: 重组期间的业务中断:随着新组建的政府机构进行内部调整,其恢复正常运作可能需要一定时间。这可能导致审批流程暂时放缓,包括申请受理、许可证发放及其他与企业相关的行政事项,进而影响企业的日常运营和投资计划。 监管变更带来的不确定性:本次重组预计将涉及各行业的法规及行政程序调整。在过渡期内,企业可能面临政策不稳定的情况,需在不断变化的监管环境中调整合规策略。此外,新设立的政府机构在完全履行其职责之前,可能会暂缓许可证发放或重大行政决策,以适应新的管理职能。同时,部分监管程序的调整可能先于法律修订实施,导致法律框架存在空白,进而影响主管机关的决策效率。 可能需要重新办理许可证及执照:虽然在旧体制下颁发的许可证或执照在有效期内仍可能继续有效,直至具体监管调整正式实施,但预计政府重组后新的许可要求和审批程序将逐步引入。新整合的机构可能要求更换许可证格式,或依据新的监管规定重新申请许可证或执照,这可能给企业带来额外的行政负担,并可能导致业务运营的短期延误。 对企业的建议 随着越南政治体制的重大变革,企业应采取以下措施,以有效应对过渡期的挑战并确保业务的顺利运行: 随着越南政治体制的重大变革,企业应采取以下措施,以有效应对过渡期的挑战并确保业务的顺利运行: 定期审查法规动态,确保合规并避免潜在罚款 与相关政府机构建立清晰、高效的沟通机制,避免审批延误与额外成本
March 11, 2025
The Vietnamese government is in the process of amending the Law on Atomic Energy, originally issued in 2008, to harmonize with several newly enacted laws, establish a comprehensive regulatory framework governing nuclear energy in Vietnam, and serve as a legal basis to foster the implementation of ongoing and future nuclear projects in the country. The Ministry of Science and Technology has been assigned to lead the drafting of the amended Law on Atomic Energy. The second draft of the amended law (the “Draft”) was released in late February 2025 for public consultation to gather feedback from the community and stakeholders. Key Points The Draft introduces new regulations to ensure high standards of safe and secure use of nuclear materials, radioactive sources, medical and industrial irradiation, mining and processing of radioactive ores, and radioactive waste management, as well as requirements for enhancing capacity to prepare for and respond to radiation incidents and nuclear incidents. In addition, the Draft emphasizes environmental protection, public health in nuclear energy projects, and support for development and advancing nuclear technology capabilities in Vietnam together with enhancing international cooperation in this field. Below are some key points of the Draft: Approval and licensing requirements for nuclear facilities: The Draft requires investors or owners of nuclear facilities to obtain several permits and approvals as regulated by the government before implementation of construction or operation. Reporting obligations: In addition to periodic reports on operations, safety measures, and compliance with regulations, nuclear facilities are required to make, maintain, and update a number of their regular records related to radiation and nuclear safety for ad hoc reports when required by the competent authorities. In this respect, any incidents or deviations from standard procedures must be reported immediately to the relevant authorities. Training and certification: Personnel working in nuclear facilities as described by the law must undergo rigorous
March 10, 2025
Thailand’s Securities and Exchange Commission (SEC) will officially add USD Coin (USDC) and Tether (USDT) to its list of approved cryptocurrencies for use in digital asset transactions on March 16, 2025. The addition is a significant move that expands Thailand’s digital asset market, aiming to enhance market flexibility and provide more payment options for investors and traders in Thailand’s digital asset ecosystem. Under the SEC regulations, digital asset operators, including digital token issuers, ICO portals, and digital asset exchanges, are only permitted to accept, conduct transactions with, and use “approved cryptocurrencies” as trading pairs. After the addition of USDC and USDT, the full list of approved cryptocurrencies will include: Bitcoin (BTC) Ethereum (ETH) Ripple (XRP) Stellar (XLM) Tether (USDT) USD Coin (USDC) Other cryptocurrencies used for testing programmable payments under the enhanced regulatory sandbox in accordance with the Bank of Thailand’s rules and conditions. For more information on these new additions, or on any aspect of digital assets and cryptocurrency in Thailand, please contact Kobkit Thienpreecha at [email protected], Pornpan Wichawut at [email protected], Napassorn Lertussavavivat at [email protected], or Rujaporn Paritsantik at [email protected].
March 7, 2025
On November 22, 2024, the Ministry of Health (MOH) in Laos issued Decision No. 3730/MOH, which regulates the management, processing, production, and use of biopharmaceutical products, genes, and stem cells. This decision came into force on January 18, 2025, 45 days after its publication in the Lao Official Gazette on December 4, 2024. This decision signifies Laos’ recognition and acceptance of biopharmaceutical products, genes, and stem cells for use in medical treatments and the beauty industry, and it aligns with the ongoing development of biomedical sciences in the country. Definitions The MOH’s decision defines biopharmaceuticals, gene therapy, and stem cells as follows: “Biopharmaceutical products” refers to a type of biological or drug product that is produced or synthesized from natural substances, objects, or chemicals. This group of products includes blood, blood components, allergens, cells or cellular components, gene therapies, tissues, protein-based medicines, drugs derived from living cells, and biologics, which can be produced from sugars, proteins, amino acids, or substances with complex characteristics derived from organic sources such as human, animal, and plant parts; yeast; and microorganisms. These products exclude vaccines and biosimilar products, which will be specified under separate regulations. “Gene therapy” refers to a treatment approach that applies the principle of arranging amino acids (which could involve DNA or RNA sent to the patient’s cells in the form of a drug with the purpose of treating a certain disease). “Stem cells” are defined in the decision as cells or immature cells that can be sourced from various organs in the They are characterized by being undifferentiated, having the potential for differentiation, and being self-renewing. Stem Cell Production The decision outlines comprehensive provisions for managing and using raw materials in stem cell production. Key points include: Production location standards: Ensuring facilities meet specific standards of the MOH. Personnel nationality restrictions: Limiting certain roles to Lao nationals—for instance,
March 6, 2025
On February 18, 2025, the Thai Senate approved an amendment to the Act on the Establishment of and Procedures for the Tax Court. This follows the July 2024 approval by the Thai cabinet and subsequent preparation of supporting secondary legislation. This important amendment to procedural law, once it takes effect, will extend the exclusive jurisdictional powers of the Tax Court to all criminal tax, customs, and excise tax claims in addition to the court’s existing jurisdiction over all such civil claims. The amendment, while now formally approved by the legislature, is awaiting the king’s signature and will take effect 180 days after its publication in the Government Gazette. Based upon its projected publication date, the amendment will likely take effect by the end of the third quarter of this year. This development is set to offer a more sophisticated Tax Court litigation process for highly specialized and often complex criminal tax and customs claims, something with which Thailand’s traditional criminal courts have struggled. It also ensures that all tax and customs matters are adjudicated before the same court, saving time, party costs, and judicial resources. This appears likely to result in more consistent adjudication of criminal tax and customs disputes, a benefit for the Thai government and party litigants alike. Any ongoing criminal tax and customs claims already commenced with the respective criminal courts on the date on which the amendment becomes effective will remain under the exclusive jurisdiction of those criminal courts. The Tax Court will have exclusive jurisdiction over all other claims. This important legislative change offers those managing or otherwise facing civil and/or criminal Thai tax or customs disputes the opportunity to more effectively plan and execute a uniform defense strategy before a single, qualified forum.
March 6, 2025
Vietnam’s government is currently undergoing a significant restructuring, consolidating and eliminating various agencies with the aim of streamlining operations and increasing efficiency. The restructuring will bring notable changes to the country’s intellectual property (IP) landscape. We discuss below key developments that may influence IP protection and enforcement in Vietnam in the coming years. Mergers of Ministries One of the most notable changes in the restructuring is the merger of several ministries, including the Ministry of Information and Communications (MIC) and the Ministry of Science and Technology (MOST). Vietnam’s Intellectual Property Office is a unit under MOST; therefore, this merger is expected to impact various aspects of IP administration and enforcement. With the newly merged ministry—which is expected to retain the name of MOST—actively supporting the development of the digital economy, further advancements in digital tools for IP administration and prosecution are anticipated. This could include enhancements in e-filing, online procedures, and digital payment systems, contributing to greater accessibility and efficiency in IP-related services. Domain name disputes can also expect to see a more coordinated approach under the new ministry. Previously, jurisdiction over domain name disputes was divided between MIC and MOST, sometimes leading to procedural complexities. With both areas now under a single ministry, these matters are expected to be handled more seamlessly, potentially with a model aligned with the Uniform Domain Name Dispute Resolution Policy (UDRP). Structural Changes in Inspection Authorities The restructuring also affects inspection authorities responsible for IP enforcement, particularly those under MOST and the Ministry of Culture, Sports, and Tourism (MOCST). These changes may cause temporary delays in administrative enforcement actions: The MOST Inspectorate, which handles industrial property violations, may experience slower enforcement during the transition. The MOCST Inspectorate, responsible for copyright enforcement, may face similar disruptions. However, these delays are expected to be temporary, with enforcement efficiency likely to improve once the new
March 5, 2025
It is a common misconception that importers will never win classification assessments by the Thai Customs Department. However, this belief is far from the truth. Importers can indeed prevail in customs assessments, and one of the most effective tools at their disposal is the World Customs Organization’s (WCO) Explanatory Notes. The WCO’s Explanatory Notes are an indispensable resource for understanding the Harmonized System (HS) of tariff nomenclature. These notes provide detailed commentary on the scope of each heading, including lists of main products included and excluded, technical descriptions, and practical guidance for identifying goods. By leveraging these notes, importers can ensure accurate classification of their goods, which is crucial for fair customs assessments. Understanding the Explanatory Notes The Explanatory Notes serve as the official interpretation of the Harmonized System at the international level. They offer clarity on the classification of goods, which can significantly impact the duties and taxes imposed on imports. For instance, the notes provide insights into the properties, methods of production, and uses of various goods, helping importers to classify their products correctly and avoid misclassification disputes. Thailand’s Customs Tariff Decree holds that the classification interpretation must follow the General Rules for Interpretation together with the Explanatory Notes to the Harmonized System of the WCO. Most Thai Supreme Court decisions on classification also refer to the WCO’s Explanatory Notes and past rulings as the basis of their decisions. Successful Appeals There have been numerous instances of importers successfully appealing customs assessments by relying on the Explanatory Notes. For example, one importer of electronic components was initially assessed a higher duty due to misclassification. By presenting evidence from the Explanatory Notes that accurately described the components, the importer was able to demonstrate the correct classification and secure a favorable reassessment. Practical Steps for Importers To minimize the risk of misclassification in customs assessments, importers should: Familiarize