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INSIGHTS

Insights

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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December 25, 2025
On December 11, 2025, Vietnam’s National Assembly issued Resolution No. 254/2025/QH15 (Resolution No. 254) to address practical difficulties encountered in implementing the Law on Land 2024. The resolution provides specific mechanisms and policies to resolve issues related to land allocation, land leasing, and conversion of land-use purposes, while also addressing land valuation principles, timing of information collection, and land valuation methods. The resolution takes effect on January 1, 2026. Key provisions affecting investors are discussed below. Land Use Terms for Transferred Investment Projects The National Assembly has addressed situations where the remaining term of a transferred investment project is insufficient for the transferee’s business or financial plans. Resolution No. 254, along with the Law on Investment 2025, introduces aligned regulatory solutions. Under the Law on Investment 2025 (4th version submitted to the National Assembly for promulgation), if an investment project implemented prior to March 1, 2026, has been transferred and the transferor holds a Land Use Rights Certificate, has fulfilled all land-related financial obligations, and is not subject to termination, the competent authority may determine a new operating term if the remaining operating term does not meet the transferee investor’s financial or business plan. This adjustment occurs when approving or adjusting the investment policy or issuing or amending the investment registration certificate. The revised operating term is calculated from the date of the approval or issuance and must not exceed the statutory maximum of 70 years for projects in economic zones and 50 years for projects outside economic zones. Resolution No. 254 also permits adjustment of the land use term for transferred investment projects involving land, provided that the transferee investor pays additional land rent in accordance with applicable law, thereby ensuring consistency with the Law on Investment 2025. Land Rent Payment Options Resolution No. 254 generally expands the right to choose the form of land
December 19, 2025
Prior to the dissolution of the House of Representatives, Thailand’s cabinet approved a draft amendment to the Administrative Procedure Act, following review by the Council of State. If enacted, this reform will fundamentally change how state agencies process business applications and appeals by imposing enforceable timelines and legal consequences for inaction. The draft directly targets a longstanding commercial frustration: applications and appeals that vanish into administrative silence, stalling investment and foreclosing judicial review across sectors ranging from real estate and manufacturing to healthcare and finance. The “Silence Means Yes” Rule for Applications At the core of the reform is a new automatic “approval by implication” for applications subject to statutory processing deadlines. If an official fails to notify an applicant of a decision within the legally prescribed period, the application will be deemed approved as a matter of law. This presumption shifts the costs of delay from businesses to the bureaucracy and gives applicants a definitive legal position once time expires. The mechanism applies to routine licensing and registration matters governed by explicit consideration periods in existing statutes or ministerial regulations. Officials may extend the decision period by up to thirty days, but only if they notify the applicant before the original deadline and substantiate that the delay arises from genuinely exceptional circumstances beyond their control. Certain sensitive applications are expressly excluded from automatic approval, including those that may significantly affect national security or defense, public safety and health, the environment or natural resources, or national cultural heritage. Once the deadline passes without a decision, businesses can proceed with deployment of capital and operations—construction, hiring, procurement, and market entry—without waiting for formal permission that may never arrive. For time-sensitive projects, this materially reduces regulatory timing risk. The “Deemed Rejection” Rule for Appeals The draft introduces a parallel “deemed rejection” mechanism for administrative appeals. Under current practice,
December 19, 2025
On December 12, 2025, Thailand’s Ministry of Labor published a ministerial regulation prescribing the minimum and maximum wages used as a base for calculating social security contributions. The regulation, which takes effect on January 1, 2026, sets a flat minimum base wage of THB 1,650 per month and a phased increase of the maximum base wage over the following six years, as outlined in the table below. Impact on Social Security Benefits Not only will monthly contributions increase as a result of the adjustment to the maximum wages used as a base for calculating social security contributions, but the maximum benefits available to insured persons will also be enhanced, as shown in the next table. Employer Obligations From January 1, 2026, employers must correctly withhold wages and remit social security contributions for both the employer’s and employees’ portions in compliance with the revised thresholds. Failure to comply may expose employers to penalties under the Social Security Act B.E. 2533 (1990). Employers should ensure that payroll systems are updated as necessary to reflect these changes to the wage ceiling used for social security contribution calculations.
December 17, 2025
Tilleke & Gibbins has contributed the Thailand chapter to International Trade 2026, published by Chambers and Partners. International Trade 2026 provides an overview of international trade laws and regulations across major jurisdictions. The guide is designed as a practical reference for businesses, in-house counsel, and legal practitioners dealing with cross-border trade, customs, and regulatory compliance. The Thailand chapter examines key aspects of Thailand’s international trade framework, including: WTO membership, plurilateral arrangements, and free trade agreements Customs authorities, enforcement agencies, and customs regulations Trade sanctions regimes and compliance obligations Export controls, restricted persons, and licensing requirements Antidumping, countervailing duties, and safeguard measures Investment security mechanisms and regulatory oversight Subsidy and incentive programs for domestic production Standards, technical requirements, and sanitary and phytosanitary measures Geographical protections and other trade-related regulatory measures The chapter also highlights recent developments and pending regulatory changes affecting trade and investment in Thailand. Chambers’ International Trade 2026 guide brings together contributions from leading law firms worldwide, offering up-to-date, jurisdiction-specific insight into the evolving global trade environment. Tilleke & Gibbins also contributed the Vietnam chapter to International Trade 2026. A PDF of the Thailand chapter can be downloaded through the button below, and the full International Trade 2026 guide is available for free on the Chambers and Partners website.
December 17, 2025
Tilleke & Gibbins has authored the Vietnam chapter in International Trade 2026, published by Chambers and Partners. The guide offers comprehensive coverage of international trade regulation in leading jurisdictions and serves as a practical resource for organizations engaged in global trade and investment. The Vietnam chapter addresses a wide range of trade-related issues, including: WTO participation and regional and bilateral trade agreements Customs administration, enforcement, and applicable legal instruments Sanctions regimes and enforcement authorities Export controls, sensitive exports, and licensing requirements Antidumping and countervailing duty investigations and reviews Investment security mechanisms and notification requirements Subsidies, incentives, and measures affecting domestic production Standards, technical requirements, and sanitary and phytosanitary measures Geographical indications and other regulatory measures affecting trade In addition to outlining the current regulatory landscape, the chapter discusses recent developments and anticipated changes relevant to businesses trading with or operating in Vietnam. Chambers’ International Trade 2026 guide brings together contributions from leading law firms worldwide, offering up-to-date, jurisdiction-specific insight into the evolving global trade environment. Tilleke & Gibbins also contributed the Thailand chapter to International Trade 2026. A PDF of the Vietnam chapter can be downloaded through the button below, and the full International Trade 2026 guide is available for free on the Chambers and Partners website.
December 17, 2025
Vietnam’s National Assembly approved wide-ranging amendments to the Intellectual Property (IP) Law on December 10, 2025, marking one of the most significant overhauls of the country’s IP regime in recent years. The changes, which supplement and refine existing provisions, are designed to align Vietnam’s framework more closely with international standards while addressing practical challenges faced by rights holders and practitioners. The amendments will come into force on April 1, 2026. The most notable changes are detailed below. Recognition of partial and nonphysical industrial designs: Industrial design protection has been broadened to cover partial designs and nonphysical forms (class 32), explicitly extending rights to parts of products that are not independently circulated as well as digital and intangible product appearances. The law clarifies that the external appearances of nonphysical products are protected industrial designs, and circulation of digital copies of any part of that appearance will be treated as an act of using the industrial design. The provision on the industrial applicability of industrial designs has also been amended accordingly to include the uniform reproduction of nonphysical products in cyberspace. Resolving conflicts between overlapping rights: The IP Law provides a safeguard against conflicts when a single subject matter is protected by multiple IP rights. Where overlapping rights exist, the later-arising right will be terminated if its exercise interferes with the normal exploitation of an earlier right. The decision to terminate such a later right rests with the court. Use of published data for AI training: Organizations and individuals may use lawfully published and publicly accessible documents and data for scientific research, testing, and AI system training. Such use must not unreasonably prejudice the rights or legitimate interests of authors or IP rights holders. Where the documents and data fall under copyright or related rights protection, their use must also comply with government-issued regulations. IP as a
December 16, 2025
Tilleke & Gibbins has contributed the Cambodia, Laos, Myanmar, Thailand, and Vietnam chapters to Infrastructure and Construction in Southeast Asia, a comparative guide developed by Drew Network Asia (DNA). The publication brings together insights from leading ASEAN law firms to address common legal and practical issues faced by participants in the construction and engineering sector across the region. Covering nine major Southeast Asian jurisdictions, the guide provides concise answers to frequently encountered questions relating to infrastructure and construction projects. Topics addressed include the regulatory environment, procurement practices, project structuring, risk allocation, contracting terms, dispute resolution mechanisms, and the enforcement of arbitral awards. Each jurisdictional chapter follows a consistent question-and-answer format, enabling readers to compare legal approaches and market practices across countries. This structure highlights both areas of convergence and key differences between jurisdictions, supporting more informed decision-making in cross-border projects and investments. While the guide offers a practical regional overview, it also underscores that legal frameworks and market practices vary significantly between jurisdictions and may be shaped by local principles and industry norms. Readers seeking jurisdiction-specific advice are encouraged to contact the practitioners listed at the end of each chapter. The full guide is available for download through the button below or directly from the DNA website.
December 15, 2025
On December 10, 2025, the National Assembly of Vietnam officially passed the amended Law on Construction, marking the culmination of a multiyear reform process aimed at modernizing Vietnam’s construction legal framework, streamlining administrative procedures, and aligning with digital transformation and sustainability goals. The amended law, which replaces the current Law on Construction No. 50/2014/QH13, will take effect on July 1, 2026. The Ministry of Construction (MOC) is also preparing several guiding decrees covering project classification, digital submissions and database management, and technical standards for design documentation. Key Changes in the Amended Law While the executed version of the amended Law on Construction has yet to be released to the public, reports have confirmed that it includes the following key changes introduced under the latest draft submitted by the MOC in September: Project classification: The amended Law on Construction classifies construction projects by investment form (public, PPP, business investment, and others), which aligns with the Law on Public Investment, the Law on Investment, and the Law on PPP Investment. This reduces regulatory overlap and clarifies responsibilities. Project preparation and appraisal: The requirement for prefeasibility reports for business investment projects is abolished, as this requirement is now governed by the Law on Investment and the Law on Public Investment. This change shortens the preparation timeline and reduces duplication of procedures. In addition, the authority’s appraisal is streamlined to a single feasibility stage. Also eliminated is the appraisal process conducted following basic design approval, shifting more responsibility to investors and consultants, with targeted post-audit mechanisms for high-risk projects. Construction permits: One of the most significant new changes of the amended Law on Construction is the expansion of exemptions from construction permit requirements to the following eight distinct groups of construction works: State-secret works, emergency or urgent constructions, works under special public investment projects or projects following special procedures, temporary