On July 13, 2023, the Central Bank of Myanmar (CBM) lowered the percentage of export income in foreign currency that must be converted into Myanmar kyat (MMK) within one day of receipt. The changes are contained in CBM Notification No. 15/2023, which took effect immediately. The notification specifies that only 50 percent of export income in foreign currency must be converted into MMK at official CBM rates within one day, in accordance with Myanmar’s requirement to convert foreign currency transfers and balances. The remaining 50 percent of the export earnings must be converted into MMK if the exporter does not use it within 30 days. The 50 percent requirement is a relaxation from the previous rules in CBM Notification No. 36/2022, under which 65 percent of income received from exportation needed to be converted into MMK within one day. Therefore, the new requirement grants a certain amount of flexibility to exporters in Myanmar regarding the currency conversion requirement. For more details on these foreign exchange developments, or on any aspect of financial regulations in Myanmar, please contact Tilleke & Gibbins at [email protected].

The Bank of Thailand (BOT) has issued new notifications amending regulations for payment businesses that fall under the Payment Systems Act B.E. 2560 (2017) to promote transparency and good governance in the payment industry. Notification No. SorKorChor 2/2566 (“Notification 2”) increases the required qualifications for applicants seeking a license to provide payment services designated as being under the BOT’s supervision, and Notification No. SorKorChor 4/2566 (“Notification 4”) stipulates additional duties and exemptions for certain types of business operators. The notifications were published in the Government Gazette on July 7, 2023, and came into effect the following day. Additional Qualifications Notification 2 expands the list of prohibited characteristics for business operators applying for a license or registration to engage in a designated payment service, and their directors. For example, applicants must not have been ordered to suspend or cease their operations, and their registration or license to engage in financial business or operate a designated payment system or service must not have been revoked. The notification defines “financial business” as including financial institutions, credit card business, personal loan business, securities business, and so on. In addition, applicants’ directors and management must not have prohibited characteristics, such as being involved in the management of a financial business or designated payment system or service that was ordered to suspend or cease its operations. The applicable registration or license also must not have been revoked. Reporting Requirements During the application process, Notification 2 requires applicants to disclose information on shareholders and related parties (including spouses) who hold an aggregate 10 percent or more of the total paid-up shares. Notification 4 imposes this same reporting duty regarding shareholders and related parties but applies it to licensed operators in an ongoing manner. Existing payment service operators must make their first report of this information to the BOT by September 6, 2023. Exemptions

On June 30, 2023, Vietnam’s Ministry of Information and Communications (MIC) issued Circular No. 06/2003/TT-BTTTT to provide implementing guidelines for Decree 71 on editing, ratings, and warnings for video on demand (VOD) sports and entertainment content provided over radio and TV services. Circular 06 will take effect on August 15, 2023. Because Decree 71 allows VOD providers to self-edit and self-rate this type of content, it is important for them to know how the process is regulated in order to fully comply before providing VOD sports and entertainment programs to Vietnamese users. Under Circular 06, radio and TV service providers are required to display ratings and warnings on their programs, following the principles set out in the circular. These service providers must also compile dossiers in a stipulated form on the editing, ratings, and warnings of their programs for reporting to the authority and inspection. The main contents of Circular 06 are as follows. 1. Content Editing The main principles for editing VOD sports and entertainment programs include: Protection of children and other vulnerable people from inappropriate or potentially harmful content. Removal of all illegal/prohibited content, as well as content related to controversial issues or issues not recognized by Vietnamese law. Removal of content or dialogue that disparages the origins of others or makes fun of others’ physical weaknesses, and content that is contrary to Vietnamese culture, morality and fine customs and traditions; Removal of programs if it is discovered during the editing process that in the program or at the venue of the event, there are images or activities violating the prohibitions of the law, violating Vietnamese fine customs and traditions, or containing sensitive political elements. In addition to compliance with the above-mentioned principles, sports and entertainment programs related to health, education, and online gaming must additionally meet the requirements of relevant specialized laws.   2. Content Ratings Under Circular 06,

Can computer programs resolve legal disputes? For decades, the answer from much of the legal community has been no. However, developments in artificial intelligence (AI), and in particular natural language processing and machine learning, have led to renewed discussions of this possibility. Increasingly, tools are being developed to assist parties with litigation outcome prediction and judges with litigation outcome determination. However, while some argue that the use of AI in legal disputes can reduce the length of proceedings, cut costs, and improve access to justice, others raise concerns that “black box” AI systems could reduce transparency, entrench bias, and harm the development of the law. Litigation Outcome Prediction The use of computers to predict the outcome of legal cases is not new. As early as the 1980s, researchers developed outcome prediction tools, often in the form of decision-tree algorithms. However, developments in AI have allowed the creation of more sophisticated prediction models. In 2017, a model built by Katz et al. predicted US Supreme Court decisions with an accuracy of 70.2%, while in 2019, a model built by Medvedeva et al. predicted decisions of the European Court of Human Rights with an accuracy of 75%. In various studies, AI tools have been able to predict case outcomes more accurately than expert lawyers. Companies such as Solomonic and Lex Machina, owned by LexisNexis, now provide commercial litigation prediction and analytics tools. Outcome prediction tools can be used by parties and their legal representatives to craft arguments and facilitate settlement negotiations, or by third-party litigation financers to assess the risk of providing funding. More broadly, outcome prediction may be used by the likes of insurance companies to help calculate claim payouts. However, those using such tools must take care to ensure that they do not breach any professional or legal obligations. For example, France

Enacted in 2009, Indonesia’s current Law on Health (Law No. 36/2009) is due for a refresh. The government realized that the law has not maintained its relevance when it comes to health trends such as digital health, which refers to the provision of health services online (also commonly known as telemedicine). While regulations and policy blueprints, such as Ministry of Health (MOH) Regulation No. 46/2017 concerning National E-Health Strategies, have addressed these shifting trends, Indonesia’s main health legislation has proved inadequate in this regard. For this reason, the government began making plans for an update to the law, and the first draft Omnibus Health Law was published in March 2023. The law addresses digital health and other important issues in today’s health landscape, and it seeks to promote the use of locally made health supplies. The draft Omnibus Health Law represents a notable step forward, but in its attempt to govern and regulate all aspects of health, there are also some issues in the draft that may overlap with some existing government regulations, such as provisions on Halal certification, compulsory licensing of patents, and addictive substances. This article outlines some of the draft law’s key aspects as well as some potential issues. Digital Health In addressing the growing health trend of telemedicine, the draft law confirms, reinforces, and fills gaps left by Indonesia’s three main regulations concerning telemedicine. namely, MOHR No. 20/2019 concerning Telemedicine, MOHR No. 24/2022 concerning Medical Records, and Medical Council Regulation No. 74/2020 concerning Telemedicine (MCR No. 74/2020). One of these regulations, MOH Regulation No. 20/2019, allows health service facilities to provide telemedicine services to other health service facilities. This covers telemedicine services related to radiology, electrocardiography, ultrasonography, and telemedicine consultancy services—including those that reflect developments in science and technology. This is the only regulation concerning telemedicine services that will not

One of the more positive outcomes of the COVID-19 pandemic is that telemedicine has become remarkably important as an interactive system between patients and healthcare professionals. Thailand, which ranks near the top as a world medical hub, is a highly favored destination in Asia for expat workers. Currently, the Thai market has both Thai-based and foreign-based platforms with information about healthcare providers and telemedicine readily available. “Doctor Locator,” “Weed Map,” and “Find a Teeth Aligner Dentist” are examples of online platforms connecting patients with medical and telemedicine services. These digital platforms provide information about the location of specialized clinics, cannabis dispensaries, pharmacy stores, and orthodontic practitioners in Thailand. These platforms act as intermediaries between medical care businesses and consumers. As actual medical services are not offered or provided, these digital platforms do not have to be regulated under the Medical Facility Act of Thailand. However, healthcare digital platform services that act as an intermediary or conduit managing information used to connect medical clinics or cannabis dispensaries with patients or customers via a computer network are now regulated under the soon-to-be-implemented Royal Decree on Digital Platforms, regardless of whether payment is actually made via the platform. The regulatory authority for this is the Electronic Transactions Development Agency (ETDA). Under this royal decree, digital platform providers that intend to operate a digital platform service must notify the ETDA prior to initiating operations. The extent of the details to be included in the notification to the ETDA will be more comprehensive if the digital platform: has annual revenue (before expenses) for digital platform services within Thailand exceeding THB 1.8 million (approx. USD 51,200) for an individual operator or THB 50 million (approx. USD 1.42 million) for a corporate or entity operator; or has more than 5,000 users (on average) per month. Apart from these notification requirements, digital platform

On June 30, 2023, the Ministry of Health of Vietnam issued Circular No. 14/2023/TT-BYT stipulating the process and procedure for building bidding package prices for procurement of goods and services in the field of medical devices at public health facilities (“Circular 14”). Circular 14 took effect on July 1, 2023, and will be valid through the end of 2023. Circular 14 applies to the procurement of medical devices/equipment and their accessories, spare parts, and supplies, as well as related services of repair, maintenance, inspection, and calibration. Under Circular 14, there are three methods of determining the price of bidding packages: Collecting quotations provided by suppliers of goods and services in the field of medical devices. Surveying the winning bid prices of similar goods and services on the national bidding network system (https://muasamcong.gov.vn). Using the results of price appraisal of a competent state agency that conducts price appraisal, or a specialized price appraisal enterprise. Method (i) must be used first; the two remaining methods can be applied only after method (i) has been unsuccessful. If the investor/procuring entity uses two or more methods to determine the price of bidding packages, it can select the highest price that is suitable to its financial capacity and professional requirements. Circular 14 further sets out the specific step-by-step process to build prices for procuring products and services in the field of medical devices/equipment. Transitional Provision For bidding packages that have already approved a contractor selection plan before July 1, 2023, the approved contractor selection plan will be followed. For bidding packages for which a contractor selection plan has been submitted by the investor/procuring entity but the plan has not yet been approved, the competent person can decide on the approval of the submitted plan or can request the investor/procuring entity to rebuild the bidding package price according to the provisions of Circular 14.

Tilleke & Gibbins is pleased to announce the release of Employment Law Basics in Southeast Asia. This publication serves as an indispensable resource for businesses navigating the complex landscape of employment law in Cambodia, Laos, Myanmar, Thailand, and Vietnam. Authored by Tilleke & Gibbins’ regional team of employment law specialists, the guide provides a detailed overview of key employment law topics essential for businesses operating or planning to expand their operations in Southeast Asia. From employment contracts to termination procedures, each topic is examined in depth to ensure businesses are well-equipped to comply with local regulations and protect their interests. Key topics covered in the guide include: Employment contracts Probationary period Minimum wage Social security and statutory payments Working hours Leave and holidays Work rules Termination Foreign employees Data protection Remote work AI and automation Our guide offers multinational corporations establishing a presence in the region and local enterprises alike practical insights and actionable advice tailored to the unique regulatory environments in Cambodia, Laos, Myanmar, Thailand, and Vietnam. To access the full guide, please download the PDF below.