On July 21, 2022, Vietnam’s Ministry of Industry and Trade (MOIT) submitted Report No. 126/BC-BCT to the Prime Minister regarding the mechanism for transitional wind and solar power projects. In this report, the MOIT proposed some recommendations to explicitly address difficulties for outstanding wind and solar power projects (“Transitional Projects”) which have been developed under the Prime Minister’s Decision No. 13/2020/QD-TTg dated April 6, 2020, on the development of solar power projects (Decision 13) and Decision No. 37/2011/QD-TTg dated June 29, 2011, on the development of wind power projects (Decision 37), as amended by Decision No. 39/2018/QD-TTg dated September 10, 2018 (Decision 39). The Transitional Projects primarily include those which have completed construction but have not yet been put into operation, and those which have been put into operation but for which the power price has not yet been decided, due to missing the deadline set forth under the aforementioned decisions to be eligible for the feed-in-tariff (FIT). In particular, the MOIT has proposed the following key recommendations to the Prime Minister: Mechanism for Transitional Projects The MOIT proposes two options: Option 1: Developers of the Transitional Projects negotiate and sign power purchase agreements (PPA) with Vietnam Electricity (EVN) within the price framework issued by the MOIT in accordance with the Law on Electricity, the Law on Prices, and their subordinate guiding legislation; or Option 2: The Prime Minister formulates a new decision specifying the mechanism for bidding on the purchase of power produced by the Transitional Projects, estimated to be implemented for the time limit of three years and within the price framework issued by the MOIT. Mechanism for future wind and solar power projects The MOIT proposes to apply the mechanism that developers of future wind and solar projects negotiate the power price and sign the PPA with EVN within the price framework and guidance

2022年7月、タイ内閣は、個人情報保護法 B.E.2562（PDPA）の一部につき一定の企業や団体への適用を免除する勅令をおおむね承認した。 勅令案は、一定の事業者及び活動をPDPAの以下の部分の要件から免除することを提案している。 第2章 個人情報の保護―個人情報の要件の同意、通知、国境を越えた移転等。 第3章 データ主体の権利―データ主体の権利に関する要件及び基準。 第5章 申立て―個人情報保護委員会事務局に対する請求申立てに関する要件。 第6章 民事責任―データ管理者又はデータ処理者の民事責任に関する条件。 第７章 罰則―行政罰及び刑事罰。 提案された適用除外の規定は、以下の3つの主要なカテゴリーの事業者や活動に適用される予定である。   以下の目的のために、特定の法律に従って政府の要請に応じて行動するデータ管理者 国家の安全と公共の安全。 適用除外となる活動には、国家安全保障、機密情報、国家安全保障に関連する情報の保護を目的とした活動や、財政・経済安全保障、公共安全保障の維持を目的とした活動が含まれる。また、資金洗浄、麻薬違法取引、国境を越える脅威とテロ、国境を越える犯罪、人身売買などの特定の犯罪活動の防止と抑制する活動も除外される。また、汚職防止やサイバーセキュリティ対策を強化する活動、公衆衛生、伝染病予防のための衛生、並びに公衆の生命、健康及び財産の保護に関連する活動も除外される。 課税。 適用除外となる活動には、法律に基づく税の徴収に関連する活動で、歳入局（Revenue Department）、関税局（Customs Department）、物品税局（Excise Department）が行う活動が含まれる。これはまた、租税又は関税の執行に関する行為、及び社会保障、義務の履行又は国際協力に関する行為にも及ぶ。 リスク軽減、モニタリング、及び監視。 適用除外となる活動には、国家安全保障への脅威によって引き起こされる損害を軽減するための措置を提供し、監視する活動が含まれる。このカテゴリーの行為は、監督官庁や政府機関が、公共の災害又は公衆に影響を及ぼすおそれのある脅威を予防するための法律に従い、実施するものである。 本勅令案や他の進展などPDPAに関連するご相談については、その他に関する件については、下記の執筆者にご連絡ください。   備考：本和文は英文記事を翻訳したものです。原文については、以下のリンクをご参照ください。 Thai Cabinet Approves Draft PDPA Exemptions for Specific Activities

On August 5, 2022, the Central Bank of Myanmar (CBM) adjusted the country’s official reference exchange rates. The new rate for US dollars is USD 1 to MMK 2,100—up from the previous rate of USD 1 to MMK 1,850. Authorized dealer (AD) banks (i.e., those licensed to exchange foreign currency) were to begin using the updated rates that same day, in accordance with Myanmar’s requirement to convert foreign currency transfers and balances to local currency using the official CBM rates. In addition, the CBM issued Notification No. 36/2022 to clarify its foreign currency conversion requirement for exporters. The notification specifies that only 65 percent of income received from exportation needs to be converted into MMK within one day. An analysis of the regulations laying out the currency conversion requirements mentioned above suggests that the remaining 35 percent of export earnings balance will be converted into MMK if exporters do not use it within 30 days. Noncompliance with the requirements of Notification No. 36/2022 is punishable under the Foreign Exchange Management Law with imprisonment for up to one year, a fine, or both. For more details on these foreign exchange developments, or on any aspect of financial regulations in Myanmar, please contact Tilleke & Gibbins at [email protected].

In July 2022, the Thai cabinet approved in principle a royal decree exempting some businesses and other entities from parts of the Personal Data Protection Act B.E. 2562 (PDPA). The draft royal decree proposes to exempt certain business operators and activities from the requirements of the following portions of the PDPA: Chapter II: Personal Data Protection – Consent, notification, cross-border transfer of the personal data requirements, etc. Chapter III: Rights of the Data Subject – Requirements and criteria on data subject rights. Chapter V: Complaints – Requirements on the submission of complaints to the Office of the Personal Data Protection Commission. Chapter VI: Civil Liability – Conditions in relation to the civil liability of a data controller or data processor. Chapter VII: Penalties – Administrative and criminal penalties. The proposed exemptions would apply to three main categories of business operators and activities: 1. Data controllers acting on government requests in adherence with specific laws for the following purposes: State security and public safety. Exempted operations include activities intended to safeguard state security, intelligence, and information relating to national security, as well as efforts to maintain fiscal and economic security and public security. Also exempt are prevention and suppression of certain criminal activities, such as money laundering, drug trafficking, transnational threats and terrorism, transnational crime, and human trafficking; activities to bolster anticorruption or cybersecurity efforts; and actions relating to public health, sanitation to prevent epidemics, and protection of public life, health, and property. Taxation. Exempted activities include those related to tax collection under laws that are the responsibility of the Revenue Department, Customs Department, or Excise Department. This also extends to any action relating to the enforcement of taxation fees or duties, and actions related to social security, the performance of obligations, or international cooperation. Risk mitigation, monitoring, and surveillance. These purposes include monitoring and providing measures to mitigate remedial damage

In late 2021, the government of Vietnam issued Decree 98 on the management of medical devices (Decree No. 98/2021/ND-CP dated November 8, 2021), which came into force on January 1, 2022. This is the primary legislation on medical devices in Vietnam. To provide necessary guidance and elaboration on the implementation of Decree 98, the Ministry of Health recently issued Circular No. 05/2022/TT/BYT dated August 1, 2022 (“Circular 05”), which took effect on the same day. The most notable aspect of Circular 05 is that it unifies, in a single legislative document, previous regulations on medical devices that were scattered in multiple circulars issued by the Ministry of Health (Circular No. 39/2016/TT-BYT dated October 28, 2106; Circular No. 46/2017/TT-BYT dated December 15, 2017, as amended by Circular No. 23/2021/TT-BYT dated December 9, 2021; and Circular No. 33/2020/TT-BYT dated December 31, 2020). The effectiveness of these circulars was terminated when Circular 05 took effect. Circular 05 sets out regulations and principles for the classification of medical devices, and adds or supplements the following lists: List of in vitro diagnostic medical devices (IVD) not subject to quality assessment by Vietnamese competent authorities when registering under the quick registration procedure. List of class B, C and D medical devices allowed to be traded as normal goods. List of medical devices required to be accredited for safety and technical functions before use. List of medical devices requiring import permit licenses. While Circular 05 does not introduce major changes to the previous regulations, the consolidation and up-to-date guidance on Decree 98 will simplify the task of registration and circulation for medical device companies doing business in Vietnam.

Thailand’s Securities and Exchange Commission and the Stock Exchange of Thailand (SET) have opened a public hearing period on proposed changes to requirements for IPO securities issuers and other regulations relating to companies listed on the SET and the Market for Alternative Investment (MAI). The proposed changes aim to prevent the use of publicly offered securities to avoid or violate strict regulations on investment management. During the public hearing period, interested parties may submit comments on the proposed rules until August 18, 2022, with the finished regulations expected to be issued soon after. Key Proposed Changes to Rules for Securities Issuers Under the proposed rule adjustments, securities issuers (i.e., operating companies, holding companies, or foreign companies that request a public offering) must not be investment companies, except for companies or subsidiaries undertaking financial institution business (e.g., commercial banks, finance companies, credit foncier companies, securities companies, and life/non-life insurance companies). “Investment company” refers to a company that has more than 40 percent of its total assets as passive investments in securities, derivatives (excluding for hedging purposes) or digital assets. When considering whether a company that has a subsidiary is classified as an investment company, it will be determined based on the consolidated financial statement. Excluded from such classification are investments for low-risk liquidity management (i.e., bank deposits, government bonds, debt instruments backed by the Ministry of Finance, money market mutual funds, or fixed-income funds); affiliate companies that do not operate as investment companies; subsidiary companies under the same group company; and investments in business networks, synergies, or value chains. Key Proposed Changes to Rules for Listed Companies A company with the characteristics of an investment company mentioned above is not allowed to list its securities on the SET or the MAI. Companies listed on SET and MAI with more than 40 percent of their total assets as

Cosmetics have become an essential feature of the modern lifestyle led by many consumers in Cambodia. Every day, a wide range of new cosmetic brands, variants, and formats enter the Cambodian market, catering to a growing consumer base. The market generally relies on the import of foreign cosmetic brands, making Cambodia an attractive market for overseas cosmetics companies, but local brands are on the rise as well. Alongside the significant growth of the cosmetics market in Cambodia, and the Royal Government’s continuing push to increase consumer protection in Cambodia, in 2022, the Ministry of Commerce (MOC) issued Prakas No. 0064 on the Requirements for Cosmetic Distribution (the Prakas). The Prakas applies to both locally manufactured and imported cosmetics, and both individual and businesses that trade in cosmetics. The Prakas aims to regulate cosmetics and cosmetic business activities, to ensure that cosmetics distributed in Cambodia are of good quality and safe for use.  The key points contained in the Prakas are summarized below. Legal Obligations for Trading Cosmetics Any person trading in cosmetics, including wholesale or retail, and those that offer cosmetics as gifts or for testing, must ensure that the products are safe and meet the legal labelling requirements. Anyone trading cosmetics must respect the Law on Consumer Protection, with the Prakas highlighting key aspects of that law and referring to the applicable penalties under that law. Online sellers of cosmetics must obtain an additional approval letter (for individuals) or a license (for legal entities) to operate an online business, issued by the MOC. In addition, they require a certificate for providing online services from the Ministry of Post and Telecommunications. Interestingly, the Prakas does not refer to the cosmetic business licensing required under regulations issued by the Ministry of Health. As the Prakas does not outright contradict these regulations, we understand they still apply,

The Ministry of Energy is preparing to open a bidding round for the right to explore and produce petroleum in three offshore exploration blocks in the Gulf of Thailand: Exploration Block Nos. G1/65, G2/65, and G3/65. Announced in April 2022 with an eye toward national energy sustainability and security, this is the first opportunity for exploration of new offshore areas in 15 years. The total area of the three exploration blocks is 35,164.01 square kilometers, and operations in the exploration blocks will be subject to the terms and conditions of the required production sharing contract (PSC). Under the PSC, the Thai government is entitled to receive royalty payments against profits, any applicable cost recovery, and profit petroleum. The government also has the authority to monitor the petroleum operations in collaboration with the successful bidder. On July 27, 2022, the Department of Mineral Fuels (DMF) held a conference for prospective investors in order to clarify general information regarding the petroleum bidding round. Currently, interested investors can request the right to enter the bidding-round data room located at the DMF by emailing [email protected] by September 2, 2022. To participate in the bidding round, interested investors must submit an application together with required documents to the DMF during the period of September 5–16, 2022. For further information on the bidding round, or on any aspect of energy law in Thailand, please contact Tilleke & Gibbins at [email protected] or +66 2056 5555.